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
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
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
To clarify the impact of non-agricultural employment on rural land circulation in China,we built logit models using the Chinese Household Income Project 2013 dataset,which includes 18,948 household samples over 15 pro...To clarify the impact of non-agricultural employment on rural land circulation in China,we built logit models using the Chinese Household Income Project 2013 dataset,which includes 18,948 household samples over 15 provinces,126 cities and 234 counties of China in 2013.We use the proportion of non-agricultural income,the proportion of non-agricultural laborers and non-agricultural fixed operating assets to reflect the degree of the households’dependence on agriculture,the degree of the households’laborers committed to non-agricultural employment and the stability of non-agricultural employment,respectively.The results show that the stability of non-agricultural employment is an important reason for farmers to transfer out their land,and an increase in non-agricultural income is the fundamental reason.The proportion of non-agricultural assets has the greatest impact on the decision to transfer land,followed by the proportion of non-agricultural income.Per unit increase in the non-agricultural income ratio has a stronger effect on the transfer-out decision than it does on the transfer-in decision,which is a 0.09 increase of the probability of transfer-out the land and a 0.07 decrease of the probability of transfer-in the land.In terms of regional differences,when considering the impact of non-agricultural employment on the land transfer-out decision,the impacts of non-agricultural income and labor force are the greatest in the Central region.The impact of non-agricultural assets is the greatest in the Eastern region.For the Eastern region,the decision to transfer out land is mainly affected by non-agricultural assets and the non-agricultural labor force,and the decision to transfer in land is mainly affected by non-agricultural assets.In the Central and Western regions,the decision to transfer out land is mainly affected by non-agricultural assets,non-agricultural income and the non-agricultural labor force,in that order.The decision to transfer in land in the Central region is not significantly affected by non-agricultural employment.The decision to transfer in land in the Western region is mainly affected by non-agricultural assets,non-agricultural labor force and non-agricultural income,in that order.We note that non-agricultural assets have a prominent impact on land transfer,which shows that the stability of non-agricultural employment has an important impact on land transfer decision-making.Vocational training for rural labor forces may be an effective means to promote stable non-agricultural employment and simultaneously facilitate rural land circulation,especially in Central and Western China.展开更多
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 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National Natural Science Foundation of China,No.41571095National Key Basic Research Program of China,No.2015CB452702。
文摘To clarify the impact of non-agricultural employment on rural land circulation in China,we built logit models using the Chinese Household Income Project 2013 dataset,which includes 18,948 household samples over 15 provinces,126 cities and 234 counties of China in 2013.We use the proportion of non-agricultural income,the proportion of non-agricultural laborers and non-agricultural fixed operating assets to reflect the degree of the households’dependence on agriculture,the degree of the households’laborers committed to non-agricultural employment and the stability of non-agricultural employment,respectively.The results show that the stability of non-agricultural employment is an important reason for farmers to transfer out their land,and an increase in non-agricultural income is the fundamental reason.The proportion of non-agricultural assets has the greatest impact on the decision to transfer land,followed by the proportion of non-agricultural income.Per unit increase in the non-agricultural income ratio has a stronger effect on the transfer-out decision than it does on the transfer-in decision,which is a 0.09 increase of the probability of transfer-out the land and a 0.07 decrease of the probability of transfer-in the land.In terms of regional differences,when considering the impact of non-agricultural employment on the land transfer-out decision,the impacts of non-agricultural income and labor force are the greatest in the Central region.The impact of non-agricultural assets is the greatest in the Eastern region.For the Eastern region,the decision to transfer out land is mainly affected by non-agricultural assets and the non-agricultural labor force,and the decision to transfer in land is mainly affected by non-agricultural assets.In the Central and Western regions,the decision to transfer out land is mainly affected by non-agricultural assets,non-agricultural income and the non-agricultural labor force,in that order.The decision to transfer in land in the Central region is not significantly affected by non-agricultural employment.The decision to transfer in land in the Western region is mainly affected by non-agricultural assets,non-agricultural labor force and non-agricultural income,in that order.We note that non-agricultural assets have a prominent impact on land transfer,which shows that the stability of non-agricultural employment has an important impact on land transfer decision-making.Vocational training for rural labor forces may be an effective means to promote stable non-agricultural employment and simultaneously facilitate rural land circulation,especially in Central and Western China.
