China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significa...China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.展开更多
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 d...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.展开更多
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 ...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.展开更多
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 mode...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.展开更多
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 ...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.展开更多
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 t...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.展开更多
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...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.展开更多
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 go...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.展开更多
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,con...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.展开更多
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 ...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.展开更多
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 e...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.展开更多
On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collec...On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.展开更多
基金Supported by Doctoral Dissertation Grant Program of China University of Political Science and Law in 2015(2015BSLW07)
文摘China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.
基金Supported by National Natural Science Foundation of China(41771565)Henan Provincial Government Decision-Making Research Bidding Project(2017B189).
文摘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.
基金Supported by Sichuan Science and Technology Program,Project of Sichuan Provincial Department of Science and Technology"Research on the Long-term Mechanism of Risk of Return to Poverty and Resilience Governance in Tibet-related Areas of Sichuan under the Rural Revitalization Strategy"(2022JDR0081)Research Project of Sichuan Minzu College"Research on the Reform of Rural Land Property Rights System and the Development of Agricultural Modernization under the Strategy of Rural Revitalization"(XYZB19004SA).
文摘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.
文摘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.
基金Supported by the Soft Science Program of Henan Provincial Science & Technology Department in 2009( 092400420076)
文摘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.
基金Supported by Project of Business Management Cultivation Discipline in Southwest University Rongchang Campus
文摘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.
基金Supported by the Research Project of Humanities and Social Sciencesat Universities(08KN020) launched by Guizhou Provincial Education Department
文摘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.
文摘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.
文摘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.
基金Supported by the National Social Science Foundation of China in 2013(13BJY053)
文摘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.
文摘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.
文摘On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.
