Impacts of Changes in Structure of Rural Land Property Rights on Agricultural Performance

In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.

Reform Paths of Rural Land Property Rights System in the Context of Agricultural Modernization

The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and effectively promote the development of agricultural modernization.In the context of the reform of the"separation of three powers",the rural land property rights system still has problems in terms of ownership,use rights,disposal rights,and income rights,which affect the healthy development of agricultural modernization.In this situation,it is necessary to further clarify the subject of rural land ownership,thoroughly improve the right to use rural land,vigorously improve the right to dispose of rural land,effectively protect the right to benefit from rural land,and deeply promote the reform of the rural land property rights system in order to effectively promote the development of agricultural modernization.

Security of Land Rights in Rural China:Facts and Trends

[Objective] This study aimed to demonstrate the current status and variation trend of the land insecurity in rural China in recent years. [Method] In the late 2011, we had conducted a systematical survey in 24 villages of two provinces including Jiangsu Province and Shaanxi Province. [Result] Survey results suggest enormous unbalance at the village level in the rights that household have been extended. In some villages, farmers seem to hold relatively long-term tenure and most of the rights, where there are less land expropriations and reallocations. Even if some land expropriations or reallocations occur in these villages, a meeting with villagers would be hold, and the villagers would be given the rights to discuss the process of the land expropriation or reallocation. In other villages, on the other hand, the land expropriation or reallocation is more frequent, and the villagers have no right to decide the process of the land expropriation or reallocation, their land prop- erty right are limited and rather unstable, while the village cadres and government at a higher level have coercive power on the land. When land expropriations or reallocations occur in these villages, no villager meeting would be hold. With the extension of time, more and more land expropriations occur, with increasingly involved area. In addition, the frequency of land reallocation is reduced, and the affected areas become smaller and smaller sis for land property rights system [Conclusion] This study had laid the theoretical bareform in rural China.

The Plights and Solutions of the Farmers' Land Rights Protection

The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.

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.

A Probe into the Mortgage Rates of Land Contract Management Rights Based on Unified Annual Output Value

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.

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.

The Infeasibility of Establishing Land Development Rights in China Based on the Path of Real Rights

Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.

Social and Environmental Impacts of Maryland Oil Palm Plantations on Forests,Biodiversity,and Community Livelihoods in Liberia

Liberia holds 44.5% of the remaining portion of the Upper Guinean Rainforest in West Africa,which is home to critically endangered forest elephants and western chimpanzees.The forests are of vital importance for the livelihoods of millions of West Africans and provide key ecosystem services of local and global importance for food systems transformation and agroecology.Liberia’s efforts toward land reform through legislation and policies recognise communities’rights to own and manage their customary lands and resources.These include the National Forestry Reform Law of 2006,the Community Rights Law Concerning Forest Lands of 2009,and the Land Rights Act of 2018,and more.In May 2022,a program team from the Sustainable Development Institute(SDI)-Friends of the Earth Liberia researched the social and environmental impacts of Maryland Oil Palm Plantations(MOPPs)in Liberia.Twenty-three(23)key informant interviews(KIIs)and 10 focus group discussions(FGDs)were conducted in seven communities in and around the MOPP.They included farmers,contract workers,MOPP staff,local authorities,women and youth leaders,the Environmental Protection Agency(EPA)Inspector,the Civil Society Head,and the Gender Coordinator of Maryland County.The team cross-checked information with formal documents as much as possible and took photographs and global positioning system(GPS)locations of areas of deforestation,pollution,and conflict.The team also used observation to monitor environmental pollution,such as affluent into water bodies and planting oil palm in wetlands.The team used narrative analysis and geospatial landscape analysis to analyze the data.The research finds that land conflict and deforestation have several negative impacts on communities.MOPP has not respected land tenure rights or followed Free Prior and Informed Consent(FPIC)standards,including resettlement without reparation and destruction of farms and old towns without(sufficient)compensation or restitution.During MOPP land acquisition and clearance,communities experienced the loss of their farms and the identification of villages as“village de squatters”,leading to restricted access to farmland,heightened food insecurity,and reduced income from cash crops to support families.MOPP destroyed high conservation value areas and destroyed secondary forest regrowth,which affected important biodiversity areas.MOPP is one of the four large-scale industrial palm oil plantations in Liberia in Maryland County.It has a palm oil mill in a joint venture with Golden Veroleum Liberia(GVL).Its 2011 concession agreement includes 8,800 hectares for industrial palm oil plantations.

Analysis of Secondary Separation of China's Rural Land Rights from the Perspective of Analytical Jurisprudence

China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.

The Transfer of Land Contractual Management Rights in Ethnic Village--A Case Study of Ya'ergou Village in the Ningxia Hui Autonomous Region

Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Research on Readjustments of Land Property Rights in Comprehensive land management A Case Study in Project Area of Fan zhen comprehensive land management in Tai＇ anCity

Research purpose： The paper studies readjustments of land property rights which practice in the project area of Fan Zhen comprehensive land management in Tai＇ an City. According to the study make reasonable suggestions, for the similar areas of readjuslments of land property rights provide experience. Research Methods： Investigating method and contrastive analysis method. Results： The right of the project a^ea to an adjustment measures properly, and has achieved good economic benefits, social benefits and ecological benefits. Research Conclusions： Developing the new rural consu＇uction the problem from the social, economic and environmental field, effectively protect the fundamental interests of farmers to get sustainable development.

Overall Planning of Public Power and Expression of Private Rights in Cross-regional Trading of Construction Land Quotas

In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

RLandRight软件在农村土地确权数据质量检查中的应用

农村土地确权数据质量关系到后期维护管理与土地政策的实施及农民权益的保护,然而由于土地确权工作烦琐、经费支持不足、为降低成本而不按标准作业、影像资料分辨率低与现势性差等多方面原因,导致部分土地确权数据质量无法满足现行国家规范要求。本文分析了土地确权工作内容及图形与属性数据应该满足的条件和质量检查项目,基于ArcGIS平台及ArcEngine二次开发组件、空间图形关系判断算法、属性数据标准等研制了RLandRight农村土地确权检查软件,通过示范应用表明:可检查出图形与属性数据存在的问题,为数据修正提供依据;可保障土地确权数据质量,提高数据入库检查工作的效率。

Problems in Rural Land Management Right Confirmation Pilots and the Countermeasures

The affirmation registration and certification of land contracted management right are the essential conditions for the effective promotion of land management right circulation and the development of agricultural moderate scale management. However, the following problems are found in the process of the pilot work： insufficient propaganda work, inconsistent recognition of affirmation registration work, low enthusiasm of grass-roots work; lack of unified regulations, each company working on their own; requiring large amount of manpower and resources for rural land contracted management rights, and severe shortage of national and municipal inputs; incomplete land ownership information and lack of marks between land plots, leading to resolving difficulty of the disputes; urgent need of strengthening subsequent work, untimely adjustment of related policies. Therefore, it needs to intensify propaganda, so that farmers can know the land right confirmation registration and certifi- cation, and recognize its importance; unify the introduction of job specification and results storage standard, making it convenient for the unified use of the results unified; set up special funds, and make experiments first in the areas with better economic conditions; establish arbitral institutions for land ownership disputes; earnestly make great effort to the supporting and subsequent work for right confirmation registration, and give full play to the role of land registration results.

Research on the Circulation Problems of Contractual Management Right of Rural Land

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.

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

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.