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.

Research on the Circulation Problems of Contractual Management Right of Rural Land

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.

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.

Empirical Analysis on Transfer and Limitation of Land Contractual Management Right

Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.

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.

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

The Plights and Solutions of the Farmers' Land Rights Protection

The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.

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.

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.

A Summary of Research on the Realization Process of "Separation of Three Rights" of Rural Land

In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.

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.

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.

Survey of Framer Credit Demands in China with Tianjin as an Example

Giving farmers more rights and interests on land property is the basis of achieving balanced and coordinated economic development between urban and rural areas as well as building a sharing economy during the period of economic transition in China.Based on the survey data of suburban households of Tianjin,in this paper,measurement method was adopted to study factors influencing farmer s willingness on land management right mortgage.The results shows that the willingness of individual farmer on mortgage is not strong,however,their willingness on mortgage is bound to have a significant relationship with farmland right confirmation and land transfer and other factors.Finally,it is concluded that it is necessary to promote land transfer on the basis of land right of confirmation while carrying out farmland mortgage under the premise of large-scale operation in China.

Farmers Are Growing Further and Further from the Land:Land Transfer and the Practice of Three Rights Separation in China

Over the forty years since reform and opening up,China’s rural land system has undergone a drastic transition from the Two Rights Separation to the Three Rights Separation.Any examination of the latter must be grounded in the crucial field of land transfer.Our fieldwork in different areas across China revealed that the rapid development of industrialization and urbanization has driven a drastic increase in the intensive,large-scale transfer of land.As a result,the traditional small-farmer economy is disintegrating,accompanied by a widening distance between farmers and the land.In practice,the Three Rights Separation system exhibits some new characteristics:the growing substantiation of the ownership rights of the village collective,the demutualization of the contracting rights of farm households and the marketization of management rights.At the same time,in practice we have also seen a strengthening of the position of those enjoying ownership rights and management rights and a weakening of the position of those possessing contracting rights.To change the rural land system and accomplish its goal of rural revitalization,China must endeavor to construct a new type of collective market economy.

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”。

The Legal Dilemma of the Financialization of Agricultural Land and a Way Forward

The strict limits on the financialization of agricultural land in the current legal system impede the development of rural finance. Objective needs have driven local governments＇ exploration of different modes of financialization, providing samples we can analyze in connection with the next steps in institutional development. The financialization of agricultural land arises naturally from its nature as an asset. Whether one acknowledges the land＇s social security function does not affect its financialization. In institutional rebuilding, the particular character of mortgages on agricultural land should be considered. The mortgage-holder must be a financial organization, not a natural person or an ordinary finn. The person mortgaging the right to operate the land under the contract responsibility system need not have a stable non-agricultural occupation or stable source of income, or the consent of the party issuing the contract. Registration constitutes public notification of the setting up of a mortgage and is also the condition whereby it comes into effect. The mortgage cannot be realized by means of discounting, but compulsory management can be used to subcontractor let the relevant agricultural land. The debt can then be liquidated from this income and the land returned to the mortgagor.

Local Practices on Transfer of Development Rights in China: Background, Mode, Challenge and Breakthrough

In the past decade, the transfer of development rights (referred to TDR hereafter) has been emerged and developed to a large scale amid China's fast urbanization. Different from the practices in countries with private land ownership like the United States, the practices of TDR in China are still dominated by local governments, which are trying hard to obtain extra construction land-use quota under China's current centralized land management system since the late 1990s. In this process, the land-use efficiency may be improved at the prices of social equity and harmony.