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.

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.

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.

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.

Issues concerning Farmland Transfer in the Development of China's Agricultural Modernization——Based on the Survey of Farmers in 21 Townships of Sichuan Province

Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers' cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.

Reform of Agricultural Land Transfer of Different Types of Farmers' Willingness

Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.

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.

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.

A Contribution to a Better Understanding of Global Land Grabbing＇s Impact on Employment and Environmental Threats

In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentration in Sub-Saharian Africa, have earned the phenomenon the name of ＂land grab＂. The agricultural sector considered a ＂sunset industry＂ when commodities prices were declining, is now attractive to financial investors. These foreign investments may be good as they may improve agricultural productivity or instead bad as they may benefit only financial investors. Some results in terms of environmental and local communities＇ worsening conditions have already emerged. This paper aims to investigate what drives the big size transfers of land, to empirically estimate their effects in terms of local employment and to assess the environmental effects produced by the rapid transformation in the use of vast amount of land in terms of CO2 emissions. It is also proposed to use the estimation in terms of local employment impact as a way of distinguishing between foreign direct investment and land grabbing.

Agricultural Land Contract and Management Rights:Transferring Price and Countermeasures in Typical Agricultural Areas of China

Henan is a large agricultural province and one of China’s major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food security. This is a case study taken in Xiwan village in Qinyang city, Henan. This paper builds a transferring pricing model using land use rights assessment and characteristic correction of land contract and management rights. Results show that the transferring price of land contract and management rights should include the economic price, social price and corrected price. The use of a price model should focus on the distinction of theory and practical application. If there is no change in agricultural project,the actual transferring price should be the sum of the economic price and social security price. If there is a change in agricultural projects,such as cropland into cash crops,the actual transferring price should be the sum of the economic price, social price and corrected price. Because of the complexity of income distribution following the transfer, transferring gains should follow a rational distribution in the outflow side, inflow side, managers and land owner. The government should establish reasonable and orderly contracted management of land circulation transferring and use this to build a land transferring price system.

论农业适度规模经营视野下的承包地细碎化治理

发展农业适度规模经营是中国式农业农村现代化的必由之路,而承包地细碎化治理是发展农业适度规模经营中的关键一环。承包地细碎化治理模式中,“承包权不动,经营权连片”在法律上的技术路径是三权分置之下的土地经营权流转;“承包权互换,承包地连片”在法律上的技术路径是两权分离之下的土地承包经营权互换。农村集体经济组织在承包地细碎化治理中发挥着统筹协调、组织服务等功能,按照法定的程序形成集体意志,还可以充当承包农户在土地经营权外部流转时的代理人,以破除集体行动困境。承包地的调整仅限于个别农户之间,并在符合法定条件的前提之下按照法定程序进行,不得以承包地细碎化治理为由扩大承包地调整的适用范围而进行“打乱重分”。

中国土地制度改革促进农业生产绩效吗?——基于“三权分置”制度的准自然实验

加快完善中国土地制度是优化农地要素配置、促进农业新质生产力发展的内在要求。首先以世界65个主要国家作为样本池数据,采用合成控制法分析了“三权分置”改革的增产和增收效应。结果显示“三权分置”制度对亩均谷物产量和农业增加值的净作用为5.4%和12.1%,显著提高农业增产和增收能力。进一步分析发现,“三权分置”制度的增产增收作用比农地私有制国家情形高5.9%和7.7%,比农地公有制国家情形高8.4%和32.3%,体现出“三权分置”制度的优越性。并将我国的省份视作实验组样本,采用DID的方法验证了结果的稳健性。最后,建议对农地市场进行适度规制,消除各种可能导致土地经营权市场失灵的因素,充分保障农地市场化配置的有效性,更好地发挥农地制度优越性。

政策干预下农地经营权流转抑制耕地撂荒研究——来自江西丘陵地区的证据

利用江西丘陵地区的调研数据,验证农地经营权流转是否能有效治理耕地撂荒,并引入政府干预变量,观察政府干预情况下农地经营权流转对耕地撂荒影响的异质性影响。研究发现:农地经营权流转能显著促进耕地撂荒,但异质性的分析结果显示政府干预能有效缓解这一趋势;进一步的分析发现,随着农户外出务工程度的加深,其农地经营权流转行为会激励耕地撂荒。最后提出应有效发挥政府干预力量的对策建议,具体路径包括政府应通过土地整治、兴修水利等途径完善农业生产基础设施,改善偏远地块的耕种条件,避免其被撂荒的命运。

Does Security of Land Operational Rights Matter for the Improvement of Agricultural Production Efficiency under the Collective Ownership in China?

Under the"separation of three rights"policy,the impact of security of land operationalrights on agricultural production efficiency has attracted much attention in recentyears.Data envelopment analysis and mediation effect analysis were applied to 888family farms run by new-type agricultural operators from Songjiang to identify themechanism of the effect of land operational rights security on agricultural productionefficiency through long-term investment.The results show that greater security of landoperational rights generally increased agricultural production efficiency.Approximately37.94 percent of the impact could be explained by long-term investment.The resultsalso indicate that significant heterogeneity exists in the effect of land operational rightssecurity on agricultural production efficiency at various levels of the family farms'efficiency distributions.lt is suggested that government should legalize land operationalrights and give them a status equal to those of households'contractual rights and landownership rights in China's future land tenure reform.

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.

土地经营权入股立法的反思与展望

自家庭联产承包责任制实施以来,关于农村土地承包经营权能否以入股等方式流转,在政策与法律层面经历了比较复杂的变迁过程。土地经营权入股在立法中得到确认是“三权分置”改革的重要成果之一,有利于在流转中更好地实现土地经营权的价值。土地经营权入股现行立法表达不规范、不统一,且与相关法律规定存在冲突,导致立法预期的实现受阻。以立法的基本原理来审视,立法用语不规范只是表面现象,土地经营权的性质不明才是立法困境的根源,对入股所致不利后果的担忧则进一步导致适用难题。实践中大量存在的“以租代转”、“名为入股、实为出租”现象表明,既有立法并不能有效满足土地经营权入股的需求,反而徒增解释与适用的混乱。为了弥合土地经营权入股的认知分歧,保持相关立法之间的协调,实现“三权分置”的立法目的,有必要在立法中统一相关表述,明确规定土地经营权的性质,移除土地经营权承载的不必要负担,让土地经营权真正成为“可以用货币估价并可以依法转让的非货币财产”,进而以“作价出资”取代“入股”。

Developing the Commons: Models of Rural Land Trust in China

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.

农地资源市场配置法律机制的完善

我国以土地承包经营权和土地经营权为基础的农地市场配置的法律机制,既存在市场机制的固有缺陷,也存在农村集体经济组织和集体土地所有权缺位的特定性局限。为实现市场对农地资源的有效配置,需充分发挥农村集体经济组织的民事治理作用和政府的市场管理与调控作用。应当完善农地市场民事法律机制,明确农村集体经济组织介入农户承包地经营权流转的法律地位和权利,扩大农村集体经济组织流转土地经营权的范围,完善农村集体经济组织的监督权利。应当完善对农地市场的管理调控法律机制,更好地发挥政府在农地用途管制、农业补贴政策和价格调控、产业政策引导、健全市场服务体系以及营造良好市场环境等方面的作用。