Protection of Collective Rights of Rural Members in the Process of Land Transfer under Shareholding Cooperative Systems

According to the legal definitions of land transfer under shareholding cooperative systems,rural groups,collective rights of members,and this paper discloses the necessity of protecting the collective rights of members.In terms of qualification definition of members,rights of fetus,married daughters and sons in law cannot be guaranteed.In terms of rights protection,partial rights cannot be assured,power of personal stake inthe collective members is imperfect which results in inadequate,unbalanced,shaky and unpunctuated benefits.Based on objective and subjectivecauses,the democratic management rights of members in land transfer process have been weakened or even deprived,the protection of the basiclife is hard to realize.The paper proposes that it is necessary to build the social protection mechanisms of rural land shareholding cooperative sys-tems.The first is to treat those members that own land,attending the shareholding cooperation but having not taken part in the land transfer proces-sion as the protection objects.The second is in the procession of land transfer,making it clear the compensation standards of land transfer,estab-lishing the intermediate agencies of land transfer and performing the collective economic organizing functions.The third is that the account capital ofsocial protection is contributed together by personal member,the land users(shareholding cooperative companies) and government.The fourth isto pay more attention to the added value and safety management of capital operation.

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.

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.

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.

Impact of Labor Transfer on Agricultural Land Use Conversion at Rural Household Level Based on Logit Model

Since land and labor force are primary resources to be used and controlled by rural households, the allocation of labor forces will influence land uses, and further lead to land use conversion. The present study used the Binary Logit model to investigate the influence of labor force transfer, characteristics of rural households, location, and land market on agricultural land use conversion at rural household level. This study was conducted based on 329 valid questionnaires, which were obtained in Changshu, Rudong, and Tongshan counties, respectively representing the southern, middle and northern areas of Jiangsu Province. The results showed that land market participation, location, zonal difference and labor transfer had strong influences on agricultural land use conversion. The participation of land market had a strong positive effect on land use conversion, especially for the farmland converted to the fishpond. The nearer to the county seat, the more conversion of land use occurred. Particularly, the labor force transfer caused by wage employment decreased this conversion probability, while the labor transfer caused by self-employment led to more conversion; and the increasing of income from labor transfer increased the conversion. Moreover, land use con- versions demonstrated zonal difference, which were more in Rudong and Changshu counties than in Tongshan County, and the factors influencing this conversion were different in the three regions.

Study on the Influencing Factors of Land Transfer Price in the Context of Rural Land Reform

Agricultural land is the key to large-scale agricultural management,and the transfer price is the key to the success or failure of land transfer. At present,there are many problems in the pricing of rural land transfer in China,such as low price,random pricing,and large price difference,which seriously hinder the development of rural land transfer. Drawing lessons from the research results of domestic and foreign scholars,combined with the actual situation of rural land transfer in China,this paper analyzes the influencing factors of land transfer price in the context of rural land reform. Finally,according to the influence of different factors on the behavior of agricultural land transfer,this paper proposes establishing and perfecting the evaluation system of contracted land,perfecting the evaluation institution of transferred land assets and establishing a unified dynamic monitoring system of land transfer price in the whole country,and then driving the broad masses of farmers to get rich together,which is of great significance to achieving the revitalization of China’s rural areas.

Dislocation and Regression of the Role of Collective in Land Transfer

This paper expounds the origin of "collective" in the process of collective land transfer, and analyzes the dislocation phenomenon of the role of collective in the process of collective land transfer as follows: deviation of the role under the conflict of identity; offside of the role under the limitation of democratic construction; omission of the role under the segmentation of interests. In order to protect the legitimate rights of farmers, we should make the role of collective to revert on the basis of township government, farmer and collective, so that the role of collective is restored under the management of government; the role of collective reverts under the supervision of farmers; the role of collective returns under its own strengthening of democracy.

Analysis of the Impact of Rural Land Transfer on Farmers' Income:A Case Study of Farmers in Zaozhuang City

Based on the survey of household data in Zaozhuang City,Shandong Province,this paper empirically demonstrates the effect of the rural land transfer system on the income and income structure of farmers. The studies have shown that the rural land transfer system reform has positive influence on income structure,wage income and property income of farmers. However,from the field survey,it is concluded that the organization effect and mortgage effect of the rural land transfer system reform are not significant.

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.

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.

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.

Research Status of Land Transfer under the Background of Rural Revitalization

Land has always been an indispensable element in farmers’ production activities,and it is the root of farmers’ survival. Under the background of rural revitalization,land transfer has become an important means of boosting rural revitalization. In the process of implementing the rural revitalization strategy,how to effectively solve the problems in rural land transfer,such as fragmentation,decentralization,low utilization rate,breach of contracts and difficult financing,is an important aspect of promoting rural modernization. In this paper,the literature on land transfer at home and abroad is sorted out,the current research status and the problems of land transfer under the background of rural revitalization are summarized and consolidated,and corresponding solutions and prospects are put forward. This is of practical significance to further study the land transfer under the background of rural revitalization in China.

The Major Problems and the Governmental Role in Chinese Rural Land Transfer

On the basis of clarifying and defining rural land transfer, the necessity of rural land transfer is analyzed. Land transfer is the necessity in terms of promoting agricultural scale operation and improving production efficiency; proving opportunities for narrowing urban and rural gap; realizing rural surplus labor transfer and facilitating urbanization. Major problems in the existing rural land transfer are analyzed:unclear laws and regulations and rural land transfer lacks relevant legal protection;rural social security system is imperfect and can not solve farmers' worries after land transfer; farmers and local governments are restricted by traditional ideas and it is hard to carry out the land transfer policies; rural system construction is relatively backward and the rural land transfer market is immature. Countermeasures on the governmental behaviors in rural land transfer are put forward: stipulating relevant administrative laws and regulations and perfecting the political system of rural land transfer; perfecting rural social security system and solving farmers' worries after land transfer; changing the ideas and working style of local officials and leading farmers to form the scientific land transfer outlook;and vigorously promoting the construction of system and positively cultivating rural land transfer market.

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.

Study on Transfer Problem of Contract and Management Right of Agricultural Land in Anhui Province

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.

A Summary of Research on the Realization Process of "Separation of Three Rights" of Rural Land

In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.

On the Government's Responsibility in China's Rural Land Transfer

There is an urgent need for China's rural land transfer in order to develop modern agriculture,ensure food security,transfer rural population,and accelerate industrialization and urbanization.At present,there is still disordered transfer of rural land in China,making the interests of the transferors and transferees difficult to be effectively guaranteed;there is inefficient transfer,leading to decline in actual agricultural production level after transfer;there is jobless transfer,leading to difficult placement for rural surplus labor after transfer,seriously restricting rural land transfer.Therefore,the Chinese government's legal responsibility,economic responsibility and social responsibility in rural land transfer should be further strengthened.

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.