Research on the Reform of"Separation of Three Rights"for Rural Homesteads in Juancheng County,Shandong Province

In order to realize rural revitalization in an all-round way and promote the sustainable and healthy development of the economy and society,China is committed to deepening the pace of building a new countryside with Chinese characteristics.The reform of the"Separation of Three Rights"of rural homesteads is a key measure,which aims to activate rural resources,enhance the vitality of rural economic development,and then promote the overall process of rural revitalization.This study selects Juancheng County,Heze City,Shandong Province as a typical case.Through an in-depth analysis of the relevant policy orientation of the national homestead reform and the specific practice of local promotion work,it systematically sorts out the registration of homestead rights,transfer of use rights and relevant policy measures adopted in paid use,qualification conversion,policy publicity and system establishment.After in-depth research on the system reform practice of the"Separation of Three Rights"of homesteads in Juancheng County,this paper reveals the main problems existing in the current reform,including the lack of clear policy support for the mechanism of paid use of homesteads,difficulties in the process of identifying qualification rights and challenges,the imperfection of the transfer mechanism of use rights,and the lack or lag of relevant policies.A series of problem-oriented policy suggestions are put forward,including establishing and improving the system of paid use of rural homesteads,improving the income distribution mechanism,promoting the innovation of the mortgage guarantee system for the right to use homesteads,and optimizing the homestead qualification certification procedures.These suggestions aim to provide a useful reference for the Juancheng County Government in promoting the reform of"Separation of Three Rights"of homesteads,and then promote the rational allocation and efficient utilization of rural homestead resources.

The Impact of Changes of Property Rights on Farmland Use:An Empirical Study of China during Transition

In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.

The Application of Remote Sensing Monitoring Method and Groundwater Model for Water Rights Management in Haihe River basin

Groundwater is an important water resource in Haihe River basin,North China.The number of aquifers that appear to be declining under conditions of groundwater overdraft is increasing.To effectively manage the water resources,there is a strong scientific need to analyze the net use of this important water resource and to quantify the water rights allocation for improved understanding of the future water

Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.

The Implementation Mode of No-Fly Zones in International Relations

A No-Fly Zone(NFZ)is a unique mode of humanitarian intervention which is understudied in international relations.This article focuses on the political dimension of NFZs in international relations and investigates their implementations by empirically reviewing all three cases of NFZs to date.There may be efforts by intervening states to highlight humanitarian crises among certain targets to secure UN authorization for the NFZs;yet the implementation of NFZs is also driven largely by the security interests of enforcing states.As a result,there is the potential for those states implementing NFZs to transcend legal authorization and sometimes use excessive force,with likely calamitous results for local populations,or in extreme cases,accomplishing regime change by supporting opposition parties in target states.

Study on Construction of Database for Confirmation of Rural Homestead Right

Confirmation of homestead right is helpful for planning of rural construction land and comprehensive development of new socialist countryside construction. At present,China is carrying out confirmation of rural homestead right on a large scale. Theoretical analysis on construction of database for confirmation of rural homestead right is of great significance for promoting confirmation of rural homestead right. Using the Mapgis urban cadastral management system database,this paper studied the process of creating database for conformation of rural homestead right,and came up with recommendations for update and maintenance of the database.

Study on Proper Use of Rural Homestead in Anhui Province

On the basis of analyzing current situations and problems in conserving and intensive use of rural homestead in Anhui Province,this paper came up with corresponding countermeasures and recommendations,to provide certain reference for promoting proper use of rural homestead,realize sustainable use of land,and promoting beautiful countryside construction of Anhui Province.

Discussion on Registration Validity Doctrine of Housing Land Use Right

Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.

Study on Circulation and Management of Rural Land Use Right

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.

Heritage Corridor Construction:New Idea for Protection of Heritage along the Right Bank of the Yalu River

This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristics of heritage corridor and is suitable for heritage corridor theory.For Liaoning and Jilin provinces integrating their tourism into the One Belt and One Road strategy,and promoting harmonious use of regional tourist resources,vigorous development of tourism,and targeted poverty alleviation through tourism,the heritage corridor construction is of profound significance.

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.

Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability

The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.

Exploring Potential of REDD+ Readiness with Social Safeguard through Diverse Forest Use Practices in Gunung Palung National Park in West Kalimantan, Indonesia

Implementation is expected to be a measure for sustainable forest management by providing benefit for forest users based on their efforts. Without careful attention for the social safeguard, the mechanism of reducing greenhouse gas emissions from deforestation and forest degradation with forest management (REDD+) might cause negative impact such as depriving of customary forest use rights under unclear tenure and forest use rights typical in Indonesia. This study aimed to explore how REDD+ Safeguard can be applied in readiness activities by analyzing practical forest use situations in a conservation forest, the Gunung Palung National Park as study site. From the results of the questionnaire survey and interviews, characteristics of forest users were identified and compared. The households, mostly Malays, practicing traditional durian collection, were recognized as main forest users depending on on-farm income especially from non-timber forest product (NTFP). Since the income structure is relatively low and unstable, some of them practice farming in forest area or sell their forest use rights to other households. They are inclined to be lack in legal farm land and certain forest use rights. Based on the findings, consideration for diverse forest users and potential readiness activities were discussed and proposed. For achieving REDD+ implementation with sustainable forest management and social safeguard, it will be necessary to respect for customary rights and take comprehensive measures as readiness efforts.

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.

The Implementation of the Marrakesh Treaty in China:Theoretical Disputes and Institutional Arrangements

The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.

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.

宅基地“三权分置”助力乡村振兴的作用方向与机制完善——基于三个改革试点典型实践的对比分析

宅基地“三权分置”是农村宅基地制度改革的重要内容,是乡村振兴的重要抓手。宅基地“三权分置”助力乡村振兴具有特定的作用方向,理论上可通过加速农村产业发展、提升农村居住环境、促进城乡文化交流、优化乡村治理结构、增加农民财产收入等途径发挥推动作用,实践上改革试点地区已探索出诸多特色路径模式。基于对上海松江区、安徽金寨县、广西北流市三地典型实践的对比分析发现,宅基地“三权分置”助力乡村振兴既与制度初衷和目标追求精准匹配,也存在作用发挥不充分的离散困境。为此,建议从联动设计相关配套政策、建立分级联动工作机制、相关职能部门协助好服务保障、搞好宣传咨询与跟进引导服务等方面完善相关机制,从而更好地提升宅基地“三权分置”助力乡村振兴的作用效果。

宅基地使用权依托农房转让的制度沿革、司法裁判与实践创新

宅基地使用权依托农房转让的制度沿革经历了从允许到限制的转变,体现了政府政策的强制驱动和利益诱导的结合。宅基地使用权依托农房转让的司法裁判具有明显的被动性,农户在集体经济组织外部转让农房时,法院一般会认定该转让合同无效,但司法政策又为宅基地改革预留了政策空间,体现了原则性与灵活性的统一。在宅基地使用权依托农房转让的实践创新中,国家并没有直接废除宅基地使用权依托农房限制转让的既有路径,径行允许转让,而是秉持审慎原则,独辟蹊径。试点地区宅基地使用权依托农房转让下受让人范围拓展,与集体经营性建设用地入市衔接,与宅基地资格权退出耦合及与宅基地入股、合作打通,均体现了对宅基地使用权权能受限的克服。

价值均衡视角下宅基地使用权继承纠纷的裁判规则构建

现阶段宅基地使用权继承纠纷解决存在司法处理态度不一、缺少统一立法规范的实践困境。根本原因在于宅基地使用权兼具身份价值和财产价值,而现有纠纷处理模式不能达成两种价值取向的均衡。鉴于此,建议适用“身份资格—房地关系”双重标准的限制继承规则作为司法裁判指引,同时明确“三权分置”背景下宅基地使用权的成员权内涵,以填补双重标准裁判规则的理论漏洞,消解新规则的内在矛盾。

我国农村宅基地使用权退出法律机制研究

宅基地使用权退出在农村宅基地制度中扮演着重要角色,对于统筹城乡发展、保障农民财产权及加强宅基地的财产属性具有重要作用。在改革试点工作中,J省Y区成效显著,但也反映出农村宅基地使用权退出机制面临立法不健全、资金压力大、缺乏退出后长效保障机制等实践困境。构建农村宅基地使用权退出机制,是我国农村宅基地改革的关键点,也是农村宅基地改革的堵点与痛点。对此,应当从完善立法、拓宽资金来源、加强社会保障等方面入手,探索完善农村宅基地使用权退出机制的可行路径。