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.     

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。     

Contesting land grabs,negotiating statehood: the politics of international accountability mechanisms and land disputes in rural Cambodia

Abstract

In Cambodia, rural citizens embroiled in protracted land grabbing cases with the state and private companies are turning increasingly to international accountability mechanisms for resolution. This article applies the interlinked concepts of hybrid governance and legal pluralism to understand the prospects and limitations of ‘forum-shopping’ through appeals to international mechanisms for rural communities affected by land grabs. Drawing on interviews and using process tracing, it examines the outcomes of a mediation case filed with the International Finance Corporation’s Compliance Advisor/Ombudsman (CAO) involving indigenous groups and a Vietnamese rubber company in north-east Cambodia. It argues that while international accountability mechanisms yield platforms for dispossessed groups to assert claims, they also reify choices between entitlements and attainability without circumventing the problems associated with justice delivery under Cambodia’s authoritarian regime. Overall, this study highlights the interaction, competition and collaboration between distinct forms of regulatory authority exercised by national and transnational actors involved in land grabbing cases in Cambodia, demonstrating their role in ‘negotiating statehood’ by governing local claims to land.     

Land and agricultural commercialisation in Meru County,Kenya: evidence from three models*

What are the relative pros and cons of different pathways of agricultural commercialisation in Africa? This paper examines aspects of three commercial farming cases, each of which represents one of the three most dominant models of commercial agriculture – small-scale outgrowers, medium-size commercial farms and a large estate – in the high-potential area of Meru County in Kenya. The paper provides a comparative perspective across the cases, examining their outcomes in terms of land relations, labour, livelihoods and local economic linkages. The study used a mixed-methods approach, including a household survey and a range of qualitative methods including detailed life histories. We find diverse dynamics across our cases: increasing land consolidation spurred by the rising class of commercial coffee farmers, but also land fragmentation as a result of population pressure and prevalence of inheritance as a pathway to land acquisition in the case of horticultural outgrowers. The plantation generates relatively better paid employment for permanent skilled workers, while the commercial farms create employment for casualised, insecure and poorly paid seasonal labour. These labour regimes are highly gendered. The outgrowers combine family and hired labour. Across the three cases, farmers diversify income between on-farm and off-farm sources. The commercial and outgrower farms are dynamically integrated into the local economy, while the estate is less so. These features of the three models generate processes of social differentiation, which are reshaping the agrarian structure and rural economy in Meru County.     

耕地集约化租赁的纠纷审视与司法应对

耕地集约化租赁虽对实现农业的转型升级具有积极作用,但也出现了一些损害农村土地权益的负面现象,并逐渐演化为诉讼纠纷。其所凸显出的发展与有序的问题不容忽视,需要司法实践积极回应,并进行利益平衡上的思考。