女性农民土地权益保障问题研究

土地权益是农民的主要权利之一,也是衡量农村男女两性权利平等程度的主要标志。我国女性农民土地权益的保障现状不尽如意,其原因是多方面的,但主要是男权社会的遗毒和民间法对国家法保护女性土地权益的扭曲。纠正这种现象,需要强化女性土地权益平等的观念,健全女性土地权益保护的法律体系,引导民间法走向性别公平与公正,优化土地资源平等的社会环境。     

从法社会学视角看农民失地问题

土地是农民的安身立命之所。农村征地涉及到多方的利益分配,法律、政策、非正式规则之间的搏弈更加剧了这一过程的复杂性。征地所引发的农民失地问题,已严重影响了农村的发展和社会的稳定,由此带来了我国现代化进程的隐患。     

Redistribution and recognition: land reforms in Kerala and the limits of culturalism

The most important achievements of the Communist governments in Kerala, India were the implementation of the land reforms and the legislation of the Agricultural Workers' Act. Using ethnographic and archival research based on these events and the processes through which they became a reality, this paper will question some of the fundamental assumptions of the influential Subaltern Studies project and postcolonial theory like the positing of governmentality and passive revolution as the general characteristics of ‘Third World’ societies' experience with modernity. It will argue that, more importantly, their culturalist framework, with its gross ignorance of class and material concerns, is hardly adequate to understand the fusing of the aspirations of recognition and redistribution or the material and cultural that characterizes the struggles by the peasantry and agrarian labor, and their synthesis by the Communist Party. Despite their professed aim of inaugurating a democratic project with the peasant as citizen, Subaltern Studies and postcolonial theory, unlike the Communist movement, do not envisage any material transformation of the agrarian classes that will actualize this objective.     

The End of Sprawl? Not so Fast

This article takes a careful look at the recent state of sprawl among America’s 178 largest metropolitan areas through the lens of four sets of questions: (a) Measured at the metropolitan level, is sprawl really declining? Is it declining everywhere, or just in selected metropolitan areas? (b) If sprawl is indeed declining, are more compact growth forms on the rise? (c) If sprawl is indeed declining, is it the result of antisprawl land use and development policies? (d) Which metropolitan-level land market, demographic, and economic factors are most associated with changes in sprawl? It concludes that sprawl is indeed declining when measured by average population densities, but that the decline has been much less widespread if measured in terms of population growth in core-area neighborhoods, changing density gradient intercept and slope estimates, and increased employment clustering. In terms of policy, it finds no evidence that local regulatory regimes or growth management programs have had any effect on sprawl, but finds that the consistent administration of local regulatory programs in ways that incentivize infill development and send consistent signals to developers does contribute to reduced sprawl.     

Grounds for self-government? Changes in land ownership and democratic participation in Chinese communities

Do variations in land ownership affect people’s democratic participation? Quantitative, cross-country research on this topic suffers from the non-comparability of regulatory systems and cultures, and the use of crude indicators to identify participation. This study attempts to overcome these methodological problems, by employing indicators of procedural and substantive participation in a structured, diachronic comparison of qualitative data from five sites in China – an authoritarian state, which, however, requires residents of urban communities and villages to participate in ‘self-government’. It examines whether and why changing land from collective ownership to state ownership, and residents’ compensated acquisition of cash and secure, fungible assets, strengthens or weakens participation in self-government. In the research sites, collective land ownership is found to stimulate participation in self-government. Transformation of the land to state ownership and people’s acquisition of private property weakens participation. The robust results of the study support the direction of a causal argument that collective land ownership is conducive to democratic participation. These findings imply that scholars and policymakers should consider the potentially adverse political consequences of changing land ownership. A further implication is that, absent substantial political reform, an urbanized China might be less rather than more democratic at the community level.     

Small farms,smaller plots: land size,fragmentation, and productivity in Ethiopia

African agriculture is often dominated by smallholder farms composed of multiple plots. In policy circles it is often assumed that fragmentation coupled with small farm size is an impediment to increasing yields and thus decreasing poverty and food insecurity. There also exists an influential literature that explores the inverse relationship between farm size and yield. While there are many studies internationally, few have been conducted in Africa. Using an Ethiopian national survey, we explore the relationship between yield, farm size and fragmentation. We find an inverse relationship between farm size and yield, and a positive association between yield and land fragmentation.     

Rethinking the Tunisian miracle: a party politics view

Five years on from the Tunisian revolution, Tunisia stands as the sole success story of the Arab Spring. The country since then has managed to adopt a pluralist and democratic constitution, and held three free and fair elections. Accordingly, in the eyes of several observers, Tunisia is now in the process of consolidating its new democracy. However, the reality on the ground seems much gloomier, as most recent opinion surveys suggest that there is a significant degree of dissatisfaction, not only with political parties and Parliament but also with the very institution of democracy. Nevertheless, what accounts for this change? After the collapse of the long-lasting and oppressive Ben Ali regime, how, just in five years, has Tunisians’ confidence in the democratic process changed? This article accounts for this state of affairs from a party politics view, arguing that political parties, which are the main protagonists of the consolidation process, fail to fulfill their role of acquiring legitimacy for the new regime. While party–state relations seem to be stabilized due to the inclusiveness of the constitution-making process, both inter-party relationships and the relationship between parties and society suffer from numerous flaws which, in turn, hamper the democratic consolidation process.     

#Democracy: social media use and democratic legitimacy in Central and Eastern Europe

Since 1989, many of the former communist countries in Central and Eastern Europe (CEE) have made the dramatic change from communist regimes to democratic nations that are integrated in the European sphere. While these sweeping changes have given rise to a successful transition to democracy unlike any the world has ever seen, there remain issues with governance as well as citizen support for the regime. While other studies have shown that mass media can influence a person's attitudes and opinions in the region, none has explored what effect social media can have on orientations toward democracy in the region. In the following paper, I build several hypotheses based on previous studies of media effects and democratic survival. I then employ survey data to empirically test whether social media increases support for democracy. The study finds that not only does using social media increase support for democracy, but also simple usage rather than information seeking provides more consistent effects on a person's support for democracy in CEE.     

Conflicts of customary land tenure in rural Africa: is large-scale land acquisition a driver of ‘institutional innovation’?

This study combines legal and anthropological approaches to investigate how the establishment of a large-scale biofuel agro-industry is reinterpreting and potentially transforming customary institutional arrangements in rural Sierra Leone. The contractual relationships established between land acquirers and local authorities can be seen as an ‘institutional innovation’ that aims at interpreting and overcoming the limits of the national land regime. However, by formalizing customary land tenure structures through land registration, such innovations are exacerbating pre-existing social inequalities. We identified four categories of resulting conflicts: interlineage, intervillage, interfamily and intergenerational conflicts. Taken together, these conflicts question the current land-based sociopolitical structures of rural Sierra Leone and could be drivers of societal change.     

后土地财政时期减支增收的财税法律规制

后土地财政时期出现的财税现实困境暴露出过往经济发展失衡的问题,究其根源,无疑是现存财税制度的供给无法有效应对后土地财政时期的预期。面对财税领域特别是地方财政增量减少的窘况,并不能一味以外延式增加地方财政收入的方式来解决。应以财税制度供给侧结构性改革为指导,转变“全能政府”的传统观念,运用财税衡平理念和理论,强化内涵式减支增收财税法制供给与实施保障。只有矫正过往稀缺财税资源粗放使用的痼疾,使财税资源集约化配置,才能产生有效率的高质量经济发展功效。应通过财税衡平法律机制的纠偏,优化财富分配的社会实质公平效能,最终实现新时代社会和谐与经济可持续发展的理想目标。