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.

The role of land as the central piece to sustainable food systems:Lessons learned from Portugal national food-related policies

This paper discusses to what extent land is considered in food-related policies from a systemic perspective.Based on existing literature and international agendas priorities,we argue that access to and preservation of land for food along the food chain play a major role in sustainable food systems.To further explore this argument,we address the following question:Where does land stand in sectorial and national food-related policies?The mul-tiple dimensions and implications of food systems and the international agenda’s priorities namely the“Right to adequate Food”,“Food Sovereignty”and the“Right to Land”,were used as our conceptual framework.To work out how land is being considered in food sectorial policies,both quantitative and qualitative methods were applied to examine ten Portuguese national food-related policies.Results are showing a lack of consideration for land access and land preservation,needed all along the food chain to build a national sustainable food system.On the other hand,there is a gap between current grassroots priorities international agendas and food-related national policies.Such a situation strongly suggests that building a sustainable food system needs a clear food territorial perspective,still neglected,and shifting from sectorial policies towards a more integrated food system approach,that will include land as a central piece.

Legal Protection from Physical Form to Form of Value: On the Transformation of China's Land Right System

The transformation of China’S land rightsystem comprises the following threeperiods:(1)The planned economy period(1949.1978).Public land ownership

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.

Survey on the Peasants' Will of Forest Land Transfer in the Reform of Collective Forest Right System——On the Case of 180 Peasant Households in Lishui City of Zhejiang Province

Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the private treaty of forest land transfer is the main pattern of most peasant households, forest right trading market hasn't got wide approval in peasants, peasants' dependence on land is reducing, and so on. Through analysis, the reasons of influent transfer of forest land include peasant's subjective will, less type of transfer objects, dull information communication, big difference of expected price and imperfect development of intermediary organization. In order to promote a healthy development of forest land transfer, the paper puts forward proposals of strengthening policy publicity, improving system, identifying property right, pushing variety of transfer types, developing forest land market, cultivating subject of market and so on.

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.

Contract System for Circulation of the Right to Rural Land Contractual Management

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.

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.

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.

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.

Analysis on Farmers' Land Right Protection

Land is the fundamental income sources of farmers. However, farmers stay at disadvantaged statge in the political, economic and social aspects. Their land is exploited and occupied, which facilitates the rapid development of economy, as well as brings the gap between the poor and the rich and the inharmonious disputes. The necessity for protecting the land right of farmers under the new situation is expounded, covering the necessity of carrying out the relevant agricultural policies; the necessity of improving rural economic status and narrowing the gap between urban and rural areas; the necessity of reducing land disputes and constructing harmonious society. The violation of farmers' land rights is analyzed from two aspects. The first one is the violation of farmers' land right in land tenure section, which includes the lack of ecological compensation system the lack of contract operation right; the second one is the violation of farmers' land right in land transfer section, including the absence of land requisition system, substandard land contract and land transfer and the limitation of house stead circulation; the third one is the vacant of land development right affects farmers' share of enjoying the added value of land. The countermeasures for protecting farmers' land rights are put forward. The first one is clarify land property; the second one is normalize and perfect land requisition system; the third one is appropriately loosen rural land transfer policies; the fourth one is establish ecological compensation and land development right compensation system.

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.

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.

Application and Thinking of Right Species for Right Land in Urban Plant Landscaping

With the acceleration of eco-garden city construction,tree resources have been increasingly applied in landscape construction.Combining with the authors' work experience,plant landscaping cases in domestic and foreign cities,this paper analyzed the concept of right species for right land and problems in plant landscaping,and took specific cases to explore the application of right species for right land,in order to provide references for the reasonable utilization of indigenous tree resources.

Analysis of the Price of Development Right of Agricultural Land in China

According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.

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.

Economic Logic of Development and Value Basis of Reform of China’s Rural Land System

The historical changes of China’s rural land system show that the allocation of rural land rights,as the most important agricultural production relationship,has a huge effect on the development of productivity. The essence of the rural land system is the allocation of rights.At this stage,China’s agricultural development is facing a series of challenges such as agricultural modernization,food security issues and arable land issues,and the reform of the rural land system is imperative,of which the focus is still on the enrichment and deepening of rural land rights. Based on this,the decisive role of the market in the allocation of rights is introduced and brought into play. While striving for development and efficiency,attention must also be paid to the security function and fair value of rural land.

建党以来农地所有制结构的产权实现逻辑、经验与启示

通过探秘并遵循农地占有的内在逻辑思路,围绕农地公有制及其产权市场化政策演变主线,结合不同时期社会主要矛盾变化和党的经济社会发展战略,系统梳理了建党以来农地所有制结构的产权实现历程,归纳了百余年我国农地产权制度变革模式、历史经验和重要启示。研究结论表明,新时代我国农地产权制度创新必须坚持社会主义农地国有化方向、优化农地公有产权结构、扩充财产性农民土地权利和提高民事化市场化农地占有权能等。

乡村振兴战略实施中农民权益的法治保障——以土地征收和宅基地“三权分置”制度改革为视角

土地征收和宅基地“三权分置”制度改革与农民利益息息相关,加强农民权益保护、提高农民财产利益,是实施乡村振兴战略、促进农业农村现代化发展的重要举措。当前,在土地征收和宅基地制度改革过程中,损害农民权益的情形时有发生。土地征收应完善法律制度的保障与供给,以规范和平衡各方利益关系,并畅通司法救济渠道;宅基地制度改革,应严格规范宅基地所有权主体的行为,建立腾退宅基地反悔期制度,构建股权化补偿体系和机制,以保障农民合法权益。

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。