农村集体土地国有化是完善我国土地制度的必然选择

我国现行的城乡二元土地制度的弊端已经成为土地资源科学利用的最大障碍。调整农村土地集体所有制为国家所有制有利于促进农村土地的市场化、商品化；有利于实现农村剩余劳动力的自由、有效转移；有利于国内外资本向农村的投入；有利于土地资源的科学利用和我国工业化与城市化的发展。农村土地国有化不是对农民利益的剥夺，而是农民、国家和集体的共赢。具有实行的可能性。因此，我们应加快立法与改革的步伐，积极稳妥地推动农村集体土地国有化的进程。     

关于失地农民医疗保障制度的思考

中国工业化和城市化进程的加速发展催生了“失地农民”这一特殊群体，随着中国城市化水平的不断提高，失地农民的数量还将急剧增加。而当前失地农民的医疗保障问题显得越来越突出，主要表现为缺乏相应的医疗保障制度。因此，针对失地农民这一特殊群体，构建广覆盖、多层次、多形式的医疗保障制度尤为必要，该制度应当包括医疗保险金的筹集、监管、医疗保障制度的模式以及具体实施办法、医疗体制的配套改革等相关内容。     

土地适度规模经营：问题与对策

土地适度规模经营是我国农业发展的客观要求。但当前农村土地产权关系不清、土地流转中制度的不完善和操作的不规范、富余劳动力转移的障碍以及社会服务和保障体系的欠缺等因素,制约了土地适度规模经营的发展。因此,应完善土地产权关系,规范和促进土地流转,积极转移农村劳动力,健全农村社会服务和保障体系,以努力推进和规范土地适度规模经营。     

征地补偿法律问题研究

随着社会生产力的发展,工业化进程的推进,我国的城市化和城镇化的进程也已经开始加速。城镇化遇到的首要问题就是征地问题。然而,失地农民在征地过程中却得不到相应合理的补偿,自身合法利益经常遭受侵害。文章在研究现阶段征地补偿的现状基础上,从法律视角分析了征地补偿诸多问题产生的原因,并提出了相应的立法建议。     

论集体土地所有权的缺陷及其完善措施

本文以农村经济市场化为背景 ,总结和分析了我国现行集体土地所有权存在的缺陷 ,提出了完善集体土地所有权的基本思路以及明确界定农民集体组织、完善土地征用制度并赋予村农民集体土地取回权等具体的集体土地所有权完善措施。     

Adivasiness as Caste Expression and Land Rights Claim-Making in Central-Eastern India

ABSTRACT

The adivasi population represents a special case in India’s new land wars. Strong individual and community rights to agricultural and forest lands have been enacted for this group based on notions of adivasi identities as primeval, but without linking these to economic and political influence. This article interrogates the adivasi land question seen through a caste lens. It does so via case studies in two states to understand the ways in which adivasi identity can be mobilised for its instrumental value and used to demand land rights. In Andhra Pradesh, the Supreme Court’s Samatha Judgement has prevented virtually all private mining activities. In Jharkhand, however, similar legislation is seen to be trumped by the national Coal Bearing Areas Act, as well as by former and current land acquisition acts that allow industrial land claims to take precedence over identity-based ones. Available evidence indicates the challenges involved in bringing support for land rights that are premised on a supposedly unchanging adivasi identity when these rights go against dominant interests. This circumstance serves to highlight the possibilities present in caste analysis to understand the plight of adivasis, despite their usually distinct treatment in scholarly analyses.     

The Politics of Caste in India’s New Land Wars

ABSTRACT

In this article we introduce the special issue through framing the debate on the role of caste in India’s current land wars. We draw attention to how caste consistently mediates land transfers in present day India by pre-empting, undermining, or fuelling processes of social contestation, as well as the ways in which land claims in turn shape realigned or reimagined caste identities. Based on this, we make three main arguments. The first and most obvious one is that in contemporary conflicts over land, caste matters in evolving ways that deserve attention. Second, we argue that caste and land are recursively linked categories that are produced and reproduced in continuous interaction, even as multi-scalar political economies (re)shape them. And third, that different registers of caste are articulated by different social groups in more or less overt ways as they stake often competing claims to land.     

Zimbabwe’s transition overload: an interpretation

ABSTRACT

The article argues that to understand the troubled history of Zimbabwe we have to pay attention to the multiple and incomplete ‘transitions’ that the country underwent within three decades. Each of these transitions was probably inevitable and the trajectory they followed may be the right one for each of the transitions. However, the transitions in Zimbabwe were intertwined in a not always mutually supportive way. Indeed, we also argue that eventually, Zimbabwe suffered from a ‘transition overload’ as the many transitions undermined or confounded each other. The article is also a caution against the preoccupation of individuals in Zimbabwean history. Finally, there are some lessons for post-conflict countries that are often faced with wide-ranging agenda that often include externally imposed items.     

The judiciary and post-election conflict resolution and democratic consolidation in Ghana’s Fourth Republic

ABSTRACT

In recent times most elections in Africa have been fraught with post-elections conflicts that have had dire consequences on citizens. Kenya, Ivory Coast and Zimbabwe are few of these cases. This makes post-election conflict resolution a very important aspect of the electoral process deserving enormous attention. However, extant literature has not accorded it the needed attention. It is as a result of this, that this study investigates the nature of post-election conflict resolution in Ghana’s Fourth Republic. The study, based on a qualitative case study approach, found among others that, the Courts have been instrumental in consolidating democracy in Ghana, and stakeholders are devotedly operating within the legal framework governing elections, despite logistical, law enforcement and justice delivery challenges. The study being conscious of the progress made over the years concludes that, where democratic institutions are consolidating, the use of unconventional means to resolve conflicts is usually not an option.     

土地犯罪研究

土地犯罪的立法缘起于经济迅猛发展之下的深刻土地危机及保护土地的特殊需要。土地资源是人类生产和生活不可替代的物质基础,是国脉所系,民生所系的“生命线”。土地犯罪是对社会根本利益的侵犯,是对我们生命线的破坏。惩治土地犯罪是现实的呼唤,历史的必然。修订后的《刑法》及《土地管理法》增设了土地犯罪及其刑事责任的规定,完善了土地法律责任体系,对合理利用和有效保护我们稀缺的土地资源具有不可估量的现实意义,现实迫切需要深化土地犯罪的理论研究,以指导法律的准确运用。