Since the founding of New China in 1949, the land law system with Chinese characteristics has been formed based on various practices, inter alia, the evolution of the rural land law system from the agrarian reform to ...Since the founding of New China in 1949, the land law system with Chinese characteristics has been formed based on various practices, inter alia, the evolution of the rural land law system from the agrarian reform to the cooperative and people＇s communes and further to the household contract responsibility system, which made historical contributions to the development of Chinese social economy. However, with the development of the practices and the deepening of the reform, China＇s land law system is facing great challenges under the new circumstances. Although many differences exist between English land law and Chinese land law in the areas of legal form, the regulated objects and contents, English land law can provide some beneficial enlightenment to China＇s land law reform. Particularly, the ＂paradox of English land law,＂ which presents the way how the English land law, as the law adjusting the basic property relations with many traditional factors, responds to the process of social and economic development with leaps and bounds.展开更多
Marx＇s theory of the law of diminishing land fertility is an indispensable part of Marx＇s theory of rent. Marx not only denied the non-scientific component of the theory, but also affirmed the scientific component o...Marx＇s theory of the law of diminishing land fertility is an indispensable part of Marx＇s theory of rent. Marx not only denied the non-scientific component of the theory, but also affirmed the scientific component of the theory. China＇s theoretical circles have held a total negative attitude towards the theory for a long term, which has brought serious consequences to research on agricultural economic theory and agricultural production practice. Comprehensively understanding the scientific connotation of Marx＇s theory of the law of diminishing land fertility has extremely important theoretical and practical significance for reducing the blindness of land investment and improving the investment efficiency of land.展开更多
To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction co...To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction cost theory. Results indicated that(i) the restriction of institutional condition upon property right and transaction is more essential,and key points include the relationship of entities of right formed jointly by the state,collective and farmers,accurate positioning of property right structure,and security for land appreciation income right and allocation mechanism;(ii) the land property right structure should select a legal structure with minimum transaction cost. It is concluded that entitling the ownership to a single entity is an economical method to eliminate current conflict of rural land right.展开更多
文摘Since the founding of New China in 1949, the land law system with Chinese characteristics has been formed based on various practices, inter alia, the evolution of the rural land law system from the agrarian reform to the cooperative and people＇s communes and further to the household contract responsibility system, which made historical contributions to the development of Chinese social economy. However, with the development of the practices and the deepening of the reform, China＇s land law system is facing great challenges under the new circumstances. Although many differences exist between English land law and Chinese land law in the areas of legal form, the regulated objects and contents, English land law can provide some beneficial enlightenment to China＇s land law reform. Particularly, the ＂paradox of English land law,＂ which presents the way how the English land law, as the law adjusting the basic property relations with many traditional factors, responds to the process of social and economic development with leaps and bounds.
文摘Marx＇s theory of the law of diminishing land fertility is an indispensable part of Marx＇s theory of rent. Marx not only denied the non-scientific component of the theory, but also affirmed the scientific component of the theory. China＇s theoretical circles have held a total negative attitude towards the theory for a long term, which has brought serious consequences to research on agricultural economic theory and agricultural production practice. Comprehensively understanding the scientific connotation of Marx＇s theory of the law of diminishing land fertility has extremely important theoretical and practical significance for reducing the blindness of land investment and improving the investment efficiency of land.
基金Supported by 2012 Doctoral Candidate Innovation and Practice Project of China University of Political Science and Law(2012BSCX07)
文摘To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction cost theory. Results indicated that(i) the restriction of institutional condition upon property right and transaction is more essential,and key points include the relationship of entities of right formed jointly by the state,collective and farmers,accurate positioning of property right structure,and security for land appreciation income right and allocation mechanism;(ii) the land property right structure should select a legal structure with minimum transaction cost. It is concluded that entitling the ownership to a single entity is an economical method to eliminate current conflict of rural land right.
