Research on Rural Collective Land Ownership Confirmation Based on Unified Registration of Real Estate

Rural collective land ownership registration is a basic work to safeguard farmers＇ land rights and interests, and promote rural reform and development, which involves the vital interests of the peasants, and has great influence on the rural economic and social development. However, there are many problems in rural col- lective land ownership registration and certification, such as unclear rural land own- ership subject and nature; not unified understanding of registration, no high enthusi- asm of the grass-roots work; prominent registration policy contradictions, serious shortage of investment, which seriously affect the rural land ownership registration work. In order to solve these problems, some suggestions are put forward on pro- moting the rural land ownership registration work smoothly.

Brief Analysis on Institution of Rural Collective Construction Land Transfer

From the viewpoint of strengthening the government management and control of rural collective construction land transfer,this paper gives relevant definitions and puts forward institution and policy of construction land for township enterprises and rural housing land. It is expected to provide institutional guarantee for standardizing the market order of rural collective construction land use right transfer.

Registration of Rural Collective Land:A Case Study of Ma'anshan City in Anhui Province

Making unified registration of rural collective land and granting legal rights of rural collective and farmer land are necessities for protecting the fundamental interests of farmers,implementing the party's rural policies,and the source of unified real estate registration,and will lay a solid foundation for smooth implementation of registration of real estate. According to requirements of Notice of the General Office of the People's Government of Anhui Province on Implementing the Confirmation and Registration of Ownership of Rural Collective Land,in order to integrate urban and rural development and safeguard the rights and interests of farmers,since January 2010,Ma'anshan Municipal Government has made an overall deployment in the whole city to carry out the confirmation and registration of rural collective land. However,complex property situation of the collective land and the problems of existing registration system have brought about many problems. Through the research and analysis,we came up with recommendations for improving the registration of rural collective land.

>Problems and Countermeasures of Collective Land Ownership Disputes in Beijing

In 2010, No.1 document of central government demanded strengthening mediation and settlement of ownership of rural collective land, to complete confirmation of right and registration and issue of certificate of rural collective land in 3 years. However, the mediation and settlement of land ownership in China still remain at starting stage, and there are many problems in both theory and practice. In this situation, this paper summarizes current situations of disputes about ownership of collective land in Beijing, analyzes causes of disputes, introduces existing working mechanism, methods and problems of dispute mediation and settlement, and finally presents feasible recommendations, in the hope of providing guidance for mediation and settlement of land ownership disputes.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

An Analysis of the Factors that Affect Collective Construction Land Transfer Price: A Case Study of Yichang City

The transfer of the rural collective construction land is increasingly accelerating,and the factors affecting transfer price are manifold. In this paper,the research area is Yichang,and we establish hedonic price model to explore and analyze the factors which affect the collective construction land transfer price. The simulation results show that in geographical factors,the higher degree of prosperity,road accessibility and soundness of infrastructure will result in higher collective construction land transfer price; in economic factors,the higher farmers' per capita net income and added value of the village's tertiary industry will lead to higher collective construction land transfer price; in ownership factors,the integrity of usufruct,disposition and possession has increasingly significant impact on collective construction land transfer price. In the process of establishing rural collective construction land circulation market,the government should gradually improve conditions of collective construction land; strengthen the construction of the rural economy,improve the economic attribute of the collective construction land; establish and improve China's rural collective construction land-related laws and regulations,make the rural collective construction land use rights clear,and give the whole rights of occupation,use,earning and disposition.

Distribution of Land Increment Income from Marketing Rural Collective Land for Development Purposes : A Case Study of Changyuan City

In order to protect the property rights and interests of farmers,promote the revitalization and development of rural areas,and provide a reference basis for the reform of marketing rural collective land for development purposes,this study explores the reasonable distribution proportion of land increment income from marketing rural collective land for development purposes through analytic hierarchy process and Delphi expert scoring method.The results show that there is a positive correlation between land increment income and land grade,that is,the higher the land grade,the higher the increment income,the larger the proportion of increment income to the transaction price.According to the calculation,when marketing rural collective land for development purposes,the reasonable distribution proportion of the land increment income of the government and the village collective is 28.6%and 71.4%,respectively,and the land increment income actually obtained by farmers has been greatly improved compared with the current situation.In practice,this distribution model has universal applicability and long-term mechanism.The reform of marketing also needs to improve the standard of marketing,explore diversified channels to protect interests,and strengthen the construction of rural collective management system.In short,the distribution of land increment income from marketing rural collective land for development purposes should proceed from the perspective of land property rights and the factors affecting the price of collective land for development purposes,in order to build a reasonable income distribution model.

Developing the Commons: Models of Rural Land Trust in China

In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.

Study on the Construction of China's Unified Urban-rural Construction Land Market

State-owned urban construction land market in China has evolved and been improved gradually, but use system of rural collective construction land has lagged far behind, so the urban-rural construction land market in China has been split with a result that use effi ciency of land resources is poor and collective land property rights of peasants are damaged. On the basis of analyzing problems of the current construction land market and also the causes, modern land property theory and institutional change of neoinstitutional economics are applied to study dynamical mechanism and development path of the construction land market, to construct the unifi ed construction land market system of China, and to propose corresponding guarantee policies, so as to achieve the effective allocation of construction land and maximization of social welfare.

Practice Mode and Value Research of Reform of Rural Collective Economy Property Right System in Beijing Rural-urban Continuum

In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.

Rural collective construction land use in China: Policy issues and options

Land policy in China has been changed dramatically in the past two decades. Though the reform of rural farm land and the urban construction land has been launched successively, little has been done about the rural construction land by now, which has made a negative impact to the land utilization. This paper fi rst reviews the policy terms about the rural construction land, then gives a brief critique on them under the background of social-economic transformation in China, and discusses the driving forces and implications of institutional changes in the end. We think the further reform on the rural collective construction land is imperative. Firstly, as a production factor, it should be endowed with property attribute, and secondly the use right of rural construction land should be separated from its ownership so that it can be transacted in a competitive market, which will benefi t the building of harmonious society.

Path Choice of Rural Land Transfer in China

Establishing rural land collective property right system with clear ownership,complete powers and functions,smooth transfer,and strict protection is the basic guarantee to the equal exchange of land elements. In this study,the reform of relevant legal systems to China's rural land transfer was introduced firstly,and then the guiding ideology of China's rural land transfer was proposed. Finally,the ways of practicing rural land transfer in China were discussed. Based on the premise of insisting on and improving the strictest land preservation system,farmers should have the right to occupy,use,and transfer their contracted land,and they can transfer their land contracting and management right in ways of exchange,subcontracting,renting,stock cooperation,and trust. Exploring the ways of equal exchange of land elements according to local conditions is an important political and economic issue concerning the livelihood and development of farmers in China,so it should be conducted under the guidance of the correct ideas to integrate scattered land in China's rural areas,develop moderate-scale management,shorten the income gap between urban and rural areas,and realize balancing development of urban and rural areas in China.

Rural Land Rights in China: Evolution and Case Studies

Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of evolution:(i)The People’s Communes,which served administrative and economic functions,exercised integrated collective land ownership,property,and operation rights.(ii)Under the system of“threetier ownership with production teams as basic accounting units,”production teams exercised the ownership right over land plots with greater autonomy and were responsible for organizing farm work.(iii)The household contract system has entitled farmers to claim surplus products and turned farm households into the basic unit of agricultural production.Subsequently,the reform of collective ownership has further enhanced farmers’contract rights and separated their operation rights from contract rights.The separation of rural land ownership,contract and operation rights marks a top-down design of the structure of China’s rural land rights after the collective ownership system and the reform of household contract system.By recognizing separate contract and operation rights without changing collective ownership,the separation aims to protect rural land contract and operation rights in accordance with the law.As in the four case studies,Chongzhou,Songjiang,Meitan and Liupanshui have experienced a restructuring of collective ownership,contract and operation rights.Their experience foretells complexities in the future evolution of rural land rights in China.

论农业适度规模经营视野下的承包地细碎化治理

发展农业适度规模经营是中国式农业农村现代化的必由之路,而承包地细碎化治理是发展农业适度规模经营中的关键一环。承包地细碎化治理模式中,“承包权不动,经营权连片”在法律上的技术路径是三权分置之下的土地经营权流转;“承包权互换,承包地连片”在法律上的技术路径是两权分离之下的土地承包经营权互换。农村集体经济组织在承包地细碎化治理中发挥着统筹协调、组织服务等功能,按照法定的程序形成集体意志,还可以充当承包农户在土地经营权外部流转时的代理人,以破除集体行动困境。承包地的调整仅限于个别农户之间,并在符合法定条件的前提之下按照法定程序进行,不得以承包地细碎化治理为由扩大承包地调整的适用范围而进行“打乱重分”。

制度变迁背景下集体建设用地改造与政府角色回归:以佛山市南海区为例

集体建设用地再开发是盘活存量,促进城市高质量发展的主要途径,伴随着集体土地产权制度路径依赖式的变迁:自上而下的土地确权正式化集体建设用地的存在,赋予村集体权利,但在土地初次开发中自下而上形成的制度制约着改造。文章探讨制度变迁下,地方政府如何与村集体互动,化解上述制度制约,促进集体建设用地市场化改造的。研究发现,集体建设用地正式化开启了改造市场,但仍受空间破碎、集体土地经营内卷化、开发权模糊的约束。地方政府发挥了企业化的非正式角色,与村集体形成合作与竞争并存的协商型合作关系。合作在于政府从供、需两侧化解前述制约,充当村集体与市场主体间的“交易中介”,降低交易成本,助力改造。竞争表现为村集体为攫取地租把持政府,损害社会公平。地方政府的“非正式”角色应予以制度化,以规避其在维护社会公益上的失灵。

语义密构解析:农民集体所有与本集体成员集体所有

民法典第261条第1款规定:“农民集体所有的不动产和动产,属于本集体成员集体所有”。其条文中有三个“集体”和两个“所有”,但其同一词语并非表达同一概念。在该条立法假定部分,表达集体所有制客观存在的事实状态,其中“集体”“所有”为政治经济学概念;在立法处理部分,表达设定集体所有权的法律状态,其中“集体”“所有”为法学概念。我国宪法和民法典通过在特定规范中语境设置转换,实现“集体”“所有”的语义设定由政治经济学范畴迁移至法学范畴。对“集体”“所有”的语义自设不同,反映词语所指的概念界定不同,进而反映法律叙事者的观察视野与观念表达不同,这是农村集体经济法治领域许多学术观点争议与立法方案竞争得以发生的底层原因。依民法典第261条第1款之本旨,民法典中的“农民集体”是政治经济学概念,反映物质性的经济关系;“农村集体经济组织”是法学概念,反映观念性的法律关系。农民集体是农村集体经济组织的经济本质,农村集体经济组织是农民集体的法律形式,两者之间是异质同体的社会存在。

土地经营权入股立法的反思与展望

自家庭联产承包责任制实施以来,关于农村土地承包经营权能否以入股等方式流转,在政策与法律层面经历了比较复杂的变迁过程。土地经营权入股在立法中得到确认是“三权分置”改革的重要成果之一,有利于在流转中更好地实现土地经营权的价值。土地经营权入股现行立法表达不规范、不统一,且与相关法律规定存在冲突,导致立法预期的实现受阻。以立法的基本原理来审视,立法用语不规范只是表面现象,土地经营权的性质不明才是立法困境的根源,对入股所致不利后果的担忧则进一步导致适用难题。实践中大量存在的“以租代转”、“名为入股、实为出租”现象表明,既有立法并不能有效满足土地经营权入股的需求,反而徒增解释与适用的混乱。为了弥合土地经营权入股的认知分歧,保持相关立法之间的协调,实现“三权分置”的立法目的,有必要在立法中统一相关表述,明确规定土地经营权的性质,移除土地经营权承载的不必要负担,让土地经营权真正成为“可以用货币估价并可以依法转让的非货币财产”,进而以“作价出资”取代“入股”。

论集体公益性建设用地使用权的法律构造

集体公益性建设用地使用权的法律供给严重不足,学者观点又存在较大分歧。在“房地一体”登记下,集体土地所有权的代表行使主体享有独立的集体公益性建设用地使用权,并应平等、补充适用《土地管理法》与《民法典》。界分村级组织集体公益性建设用地使用权的登记主体是村民委员会还是农村集体经济组织,应尽量登记给村民委员会。集体公益性建设用地使用权的设立宜采取拨用而非划拨的方式,并经登记生效;其不能抵押,但可以在不降低公益效用的前提下,经政府机关批准和集体成员民主议定,采取转让、互换等方式处分。集体公益性建设用地使用权因集体公益收回应当符合比例原则,因经营性转化应当明确转化的条件、程序、方式和收益分配。

论农村土地制度改革的整体性

农村土地制度改革的整体性体现为两方面,即实现地权平等和地权体系具有适应实践发展需要的有效性、开放性与包容性。家庭承包地“三权分置”政策的法律化和承包期延长,土地征收规则的更新、集体经营性建设用地入市和建设用地指标化交易,以及农村宅基地“三权分置”政策的实施,是农村土地制度改革整体性推进的主要体现。土地利用规划及其实施,以及政府在地权交易中的法律地位,是分析地权交易规则科学性的两个基本因素。为进一步整体性地推进农村土地制度改革,实现其既定政策目标,需要建立科学的农村集体产权制度,深化土地收益分配机制,以市场需求为导向完善土地利用规划机制和土地指标交易机制。

农地资源市场配置法律机制的完善

我国以土地承包经营权和土地经营权为基础的农地市场配置的法律机制,既存在市场机制的固有缺陷,也存在农村集体经济组织和集体土地所有权缺位的特定性局限。为实现市场对农地资源的有效配置,需充分发挥农村集体经济组织的民事治理作用和政府的市场管理与调控作用。应当完善农地市场民事法律机制,明确农村集体经济组织介入农户承包地经营权流转的法律地位和权利,扩大农村集体经济组织流转土地经营权的范围,完善农村集体经济组织的监督权利。应当完善对农地市场的管理调控法律机制,更好地发挥政府在农地用途管制、农业补贴政策和价格调控、产业政策引导、健全市场服务体系以及营造良好市场环境等方面的作用。