The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the pro...The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.展开更多
Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct ...Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct of contractual management right of land; autonomy of production and operation; disposition of the products; expropriation and occupation compensation authority of contractual land respectively, in order to demonstrate the connotation of land contractual management. The thesis also analyzes perspicaciously the phenomenon of non-agricultural-use land and proclaiming phenomenon of contractual management right of land. We should establish normalized rural land property rights register system to perfect contractual management right of land. Proclaiming of agriculture land right also should adopt registration effectiveness so as to guarantee the legality of transference of agricultural land to non-agricultural land in terms of system. We should perfect rural land circulation in terms of normalizing land circulation laws and normalizing contractual farmers fees: in terms of the movable agricultural land right, we should further perfect the types and content of circulation and lessen non-legal form restrictions of circulation; in terms of contractual fees, we should normalize contractual fees of land in order to preclude the contradiction between the contractees and contractors arising from blank space of laws.展开更多
From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract...From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.展开更多
On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening la...On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.展开更多
The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,con...The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.展开更多
Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Ru...Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.展开更多
Henan is a large agricultural province and one of China’s major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food secur...Henan is a large agricultural province and one of China’s major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food security. This is a case study taken in Xiwan village in Qinyang city, Henan. This paper builds a transferring pricing model using land use rights assessment and characteristic correction of land contract and management rights. Results show that the transferring price of land contract and management rights should include the economic price, social price and corrected price. The use of a price model should focus on the distinction of theory and practical application. If there is no change in agricultural project,the actual transferring price should be the sum of the economic price and social security price. If there is a change in agricultural projects,such as cropland into cash crops,the actual transferring price should be the sum of the economic price, social price and corrected price. Because of the complexity of income distribution following the transfer, transferring gains should follow a rational distribution in the outflow side, inflow side, managers and land owner. The government should establish reasonable and orderly contracted management of land circulation transferring and use this to build a land transferring price system.展开更多
基金Supported by Guangxi Philosophy and Social Science Project in 2011(11CJY001)Research Project of Guangxi Department of Education(201106LX628)
文摘The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.
基金Supported by the Soft Science Program of Henan Provincial Science & Technology Department in 2009( 092400420076)
文摘Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct of contractual management right of land; autonomy of production and operation; disposition of the products; expropriation and occupation compensation authority of contractual land respectively, in order to demonstrate the connotation of land contractual management. The thesis also analyzes perspicaciously the phenomenon of non-agricultural-use land and proclaiming phenomenon of contractual management right of land. We should establish normalized rural land property rights register system to perfect contractual management right of land. Proclaiming of agriculture land right also should adopt registration effectiveness so as to guarantee the legality of transference of agricultural land to non-agricultural land in terms of system. We should perfect rural land circulation in terms of normalizing land circulation laws and normalizing contractual farmers fees: in terms of the movable agricultural land right, we should further perfect the types and content of circulation and lessen non-legal form restrictions of circulation; in terms of contractual fees, we should normalize contractual fees of land in order to preclude the contradiction between the contractees and contractors arising from blank space of laws.
基金Supported by the Research Project of Humanities and Social Sciencesat Universities(08KN020) launched by Guizhou Provincial Education Department
文摘From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.
文摘On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.
文摘The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.
基金Supported by On-campus Selection Match Program of the 16th "Challenge Cup" College Students'Extracurricular Academic Science and Technology Works Competition of Jiangxi Normal University
文摘Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.
基金Natural Sciences Foundation of China (No. 41130748)Key Knowledge Innovation Project of the CAS (No. KZCX2-EW-304)
文摘Henan is a large agricultural province and one of China’s major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food security. This is a case study taken in Xiwan village in Qinyang city, Henan. This paper builds a transferring pricing model using land use rights assessment and characteristic correction of land contract and management rights. Results show that the transferring price of land contract and management rights should include the economic price, social price and corrected price. The use of a price model should focus on the distinction of theory and practical application. If there is no change in agricultural project,the actual transferring price should be the sum of the economic price and social security price. If there is a change in agricultural projects,such as cropland into cash crops,the actual transferring price should be the sum of the economic price, social price and corrected price. Because of the complexity of income distribution following the transfer, transferring gains should follow a rational distribution in the outflow side, inflow side, managers and land owner. The government should establish reasonable and orderly contracted management of land circulation transferring and use this to build a land transferring price system.