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
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 div...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.展开更多
On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factor...On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factors with the aid of Logistic model and Multinomial Logit model.The study indicates that factors influencing willingness of rural land circulation and securitization mainly include land contract method,land circulation information and approaches,rights and interests of farmers infringed or not,policies of benefiting farmers,and non-agricultural skills. Finally,it came up with following pertinent policy recommendations:( 1) reforming and improving land contract methods;( 2)strengthening disclosure of land circulation information;( 3) reforming and improving land circulation approaches;( 4) strengthening protection of farmers' rights and interests in the process of land circulation;( 5) reinforcing and implementing policies benefiting farmers;( 6) cultivating and developing farmers' non-agricultural skills.展开更多
On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Fi...On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Finally,it came up with some pertinent recommendations for the government in the rural land circulation in China,including formulating the relevant administrative rules and regulations,improving the rural land circulation policy system,improving the rural social security system and relieving the worry of farmers in land circulation,energetically promoting institutional construction,and actively cultivating rural land circulation market.展开更多
Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing t...Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.展开更多
Based on the background of the second rural land reform in China Taiwan, we analyzed financial support measures and their effects. It comes to the insight into financial support for rural land circulation in China Tai...Based on the background of the second rural land reform in China Taiwan, we analyzed financial support measures and their effects. It comes to the insight into financial support for rural land circulation in China Taiwan for the new round of rural land reform in China mainland. It is proposed to: (i) put forth effort on rural infrastructure construction with financial special fund as major support and credit fund from policy bank as supplementary support; (ii) improve rural land evaluation, registration and guarantee systems and set up special loan for land circulation, to solve the problem of shortage of fund for farmers purchasing land; (iii) grant operating loans for rural large planting and breeding farmer households, to accelerate land circulation becoming effective; (iv) establish development fund for agriculture, farmers and rural areas, to ensure sustainable input into rural areas.展开更多
The circulation of rural land is helpful to improving the allocation efficiency of land resources,increasing farmers'income and promoting the development of modern agriculture.In this paper,we used the social econ...The circulation of rural land is helpful to improving the allocation efficiency of land resources,increasing farmers'income and promoting the development of modern agriculture.In this paper,we used the social economy,the main participants and the market environment of rural land circulation to make a qualitative analysis for the factor of rural land internal circulation.With the aid of principal component analysis,grey correlation model,and other methods to make a quantitative analysis for the factor of rural land internal circulation.The results show that the grey correlation degrees of the output value of secondary and tertiary industries as a proportion of GDP,the expenditure on science and education per capita,the expenditure on financial support for agriculture,the proportion of non-agricultural population and the standardization of rural land circulation contracts are 0.8988,0.8382,0.7632 and 0.7576 respectively,indicating that these factors are significantly related to the rural internal land circulation market.展开更多
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.
基金Supported by Development Report Project for Philosophy and Social Science of the Ministry of Education(11JBG006)Project of National Social Science Foundation(11CJY034)+1 种基金Project of Hubei Financial Research Center of Key Research Base of Humanities and Social Science of Colleges and Universities of Hubei Province(2011B003)Fundamental Research Funds for the Central Universities in 2013(20132013)
文摘On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factors with the aid of Logistic model and Multinomial Logit model.The study indicates that factors influencing willingness of rural land circulation and securitization mainly include land contract method,land circulation information and approaches,rights and interests of farmers infringed or not,policies of benefiting farmers,and non-agricultural skills. Finally,it came up with following pertinent policy recommendations:( 1) reforming and improving land contract methods;( 2)strengthening disclosure of land circulation information;( 3) reforming and improving land circulation approaches;( 4) strengthening protection of farmers' rights and interests in the process of land circulation;( 5) reinforcing and implementing policies benefiting farmers;( 6) cultivating and developing farmers' non-agricultural skills.
文摘On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Finally,it came up with some pertinent recommendations for the government in the rural land circulation in China,including formulating the relevant administrative rules and regulations,improving the rural land circulation policy system,improving the rural social security system and relieving the worry of farmers in land circulation,energetically promoting institutional construction,and actively cultivating rural land circulation market.
基金Supported by Project of Business Management Cultivation Discipline in Southwest University Rongchang Campus
文摘Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.
基金Supported by Soft Science Project of Science and Technology Commission of Chongqing Municipality (cstc2011cx-rkxA011)
文摘Based on the background of the second rural land reform in China Taiwan, we analyzed financial support measures and their effects. It comes to the insight into financial support for rural land circulation in China Taiwan for the new round of rural land reform in China mainland. It is proposed to: (i) put forth effort on rural infrastructure construction with financial special fund as major support and credit fund from policy bank as supplementary support; (ii) improve rural land evaluation, registration and guarantee systems and set up special loan for land circulation, to solve the problem of shortage of fund for farmers purchasing land; (iii) grant operating loans for rural large planting and breeding farmer households, to accelerate land circulation becoming effective; (iv) establish development fund for agriculture, farmers and rural areas, to ensure sustainable input into rural areas.
基金Guangdong philosophy and social science planning project(GD19YYJ03).
文摘The circulation of rural land is helpful to improving the allocation efficiency of land resources,increasing farmers'income and promoting the development of modern agriculture.In this paper,we used the social economy,the main participants and the market environment of rural land circulation to make a qualitative analysis for the factor of rural land internal circulation.With the aid of principal component analysis,grey correlation model,and other methods to make a quantitative analysis for the factor of rural land internal circulation.The results show that the grey correlation degrees of the output value of secondary and tertiary industries as a proportion of GDP,the expenditure on science and education per capita,the expenditure on financial support for agriculture,the proportion of non-agricultural population and the standardization of rural land circulation contracts are 0.8988,0.8382,0.7632 and 0.7576 respectively,indicating that these factors are significantly related to the rural internal land circulation market.