试析我国农村集体土地征收法律制度的完善——以农民权益保护为视角

土地征收制度,是世界各国为发展社会公共事业而设的一种法律制度,我国实行的是土地社会主义公有制,土地所有权的主体是国家和集体。随着我国城市化进程的加快,越来越多的集体土地被征收。在国家经济飞速发展的今天,农民成了中国经济发展的最大义务承受者。本文以农村土地的征收现状为基础,分析其中存在的问题,以期在法律制度上为保护农民利益提供一些帮助。     

农民市民化进程中的角色转换——以浙江省淳安县失地农民为例

淳安县在推进城镇化进程中出现了大量因土地被征用而产生的失地农民,他们在市民化角色转换过程中面临生活水平下降、就业难等现实困境,遇到社会保障制度缺失等制度政策上的约束以及文化价值观念的影响等障碍,应通过制度创新保障他们实现市民化角色转换;通过观念调整帮助他们实现市民化角色转换;通过政府支持引导他们实现市民化角色转换。     

城镇国有土地使用权出让合同性质研究

城镇国有土地出让合同的性质是民事合同抑或行政合同的争论在理论界从未停止，实践中对于其性质的认定也各有不同。通过对比分析了西方及我国关于行政合同的基本特征可以得出结论：我国国有土地使用权出让合同并不是行政合同。在国有土地使用权出让过程中，土地行政主管部门拥有双重身份，这就决定了其行为的民事和行政的两种性质，两者不可混淆。明确了此种区分，通过案例分析的方法，结合实现合同价值以及合同基本理论，国有土地使用权出让合同应当认定为民事合同。     

Oligarchs,megafarms and land reserves: understanding land grabbing in Russia

This paper seeks to unravel the political economy of large-scale land acquisitions in post-Soviet Russia. Russia falls neither in the normal category of ‘investor’ countries, nor in the category of ‘target’ countries. Russia has large ‘land reserves’, since in the 1990s much fertile land was abandoned. We analyse how particular Russia is with regards to the common argument in favour of land acquisitions, namely that land is available, unused or even unpopulated. With rapid economic growth, capital of Russian oligarchs in search of new frontiers, and the 2002 land code allowing land sales, land began to attract investment. Land grabbing expands at a rapid pace and in some cases, it results in dispossession and little or no compensation. This paper describes different land acquisitions strategies and argues that the share-based land rights distribution during the 1990s did not provide security of land tenure to rural dwellers. Emerging rural social movements try to form countervailing powers but with limited success. Rich land owners easily escape the implementation of new laws on controlling underutilized land, while there is a danger that they enable eviction with legal measures of rural dwellers. In this sense Russia appears to be a ‘normal’ case in the land grab debate.     

Power and dispossession in the neoliberal food regime: oil palm expansion in Guatemala

ABSTRACT

Guatemala’s palm oil production has surged in line with the global demand for biodiesel and vegetable oil production. While corporate land grabs have been a popular concept in agrarian studies, we emphasize the integral roles of the state and racially-charged political power relations, enhanced by the neoliberal food regime. These power relations, with racism at their core, foster land control grabs occurring alongside the rise of the palm oil industry. Their effects extend beyond merely the dispossession of land. The oil palm expansion and related dispossessions mostly benefit the international markets and the wealthy ruling class comprised of creole descendants and affluent ladinos. The soaring industry has given rise to human rights violations and a lack of access to or control of various resources, such as food and water. Based on fieldwork, we show that dispossessed Guatemalans, especially the indigenous, experience rising poverty, domestic food shortages and an influx of foreign foodstuffs as the meagrely paid work in the oil palm sector is only available for the few.     

Patterns of agrarian transformation in Ethiopia: State-mediated commercialisation and the ‘land grab’

Much of the literature on the ‘land grab’ has thus far focused on the international drivers of foreign agricultural investment, with far less attention paid to the roles of developing country states and domestic political economy in changing forms of agrarian production. This paper analyses how global and domestic processes combine to produce patterns of agrarian transformation in Ethiopia, one of the main targets of foreign agricultural investment. The paper presents a typology of changes in land use and examines in detail three case studies of investments in Ethiopia drawn from this typology. The paper concludes that the most dramatic changes are taking place in lowland, peripheral regions where large-scale, capital-intensive farms employing wage labour pose a serious risk to pastoralists whose ‘use’ of land is contested by the state. Although the government has been careful to avoid mass displacement of settled smallholders, there are also important changes taking place in highland areas, with the government encouraging investments that combine the resources of investors with the labour and land of smallholders. These investments have resulted in exposure to new forms of market risk.     

Understanding land ownership and environmental conservation from perspectives of enviro-capitalism and enviro-socialism

Enviro-capitalism and enviro-socialism address natural resource management and environmental conservation from the different perspectives regarding property rights, roles of free market and governments. The case studies of land ownership evolution in United States and P.R. China illustrate that mandatory administrative order from government failed in P.R. China, while the private owned land and managerial ways also cause the problems in the United States. The understanding about land values and functions changes over time. The concern is getting more and more focused on exploring the efficient ways to get land resources yielded perpetually, as well maintaining economic, social and political sustainability. We learn the lessons from the past. The land management depends on rationally identifying and measuring the roles of individual, mass and government in social-economic-ecological system by using the market dimensions and indexes. The case studies indicate that the owners of the land property will be able to engage in negotiated contracts with those seeking environmental protection through the free market. It also requires the governments to take the responsibilities to identify property rights and help build up the capacities to make the policies and laws based on the land ecosystem processing features, as well considering the cultural and economic status within the different spatial units. The governments should help to develop the enforcement technology for policy implementation at local, regional, national and international levels. The big challenge is that we lack knowledge and information to determine the processes and functions of social-economic-ecological system and measure the comprehensive values of land in large geographic units.     

New investment,old challenges. Land deals and the water constraint in African agriculture

Foreign investment in agricultural land acquisition in sub-Saharan Africa has been viewed primarily as driven by a set of linked ‘crises’: in financial capital markets, in security of energy and food supply, and in global environmental governance. This paper argues that a focus on the ‘buyers’ of land risks overlooking the dynamics that operate on the side of the land ‘sellers’. Accordingly, the first part of the paper argues that it is important to view the current ‘land grab’ as the latest stage in a longer historical process of competition for control of land and other natural resources by different ‘domestic’ economic and political actors within African countries. While such struggles are often characterised as the ‘state versus the peasantry’, with the state acting on behalf of ‘urban elites’, the paper argues that processes of accumulation and associated enclosure of natural resources need to be examined more critically in specific contexts if the role and impact of foreign capital investment are to be understood. The second part of the paper seeks to identify the ways in which questions of scale (in the sense of greater capital intensity) can be considered to be constraints to the development of African agriculture. Particularly, it considers the extent to which the production models most frequently mentioned in connection with foreign investment (large-scale mechanised farms and small-scale outgrower contract farming) respond to current productivity constraints. The paper argues that current debates about foreign investment in agricultural land underplay the importance of water resources needed to overcome production risks associated with irregular rainfall. Bringing the water dimension of land deals more clearly into focus is necessary if the scope for positive and negative impacts of new investment on existing land users is to be fully understood. The paper concludes by considering the implications of such challenges in the current context of foreign investment in agriculture in Africa.     

驻朝苏联军管机构与北朝鲜土地改革刍议

北朝鲜1946年土地改革是驻朝鲜苏联军事管制机构与北朝鲜临时人民委员会共同努力的结果。这次改革具有政治、经济双重意义。它推动了北朝鲜战后经济重建,巩固了当地民主化的基础。     

宅基地使用权涵义之法律分析

关于宅基地使用权的涵义的理解存在分歧。宅基地使用权的涵义,包括主体、客体、内容以及法律性质等方面的要素。宅基地使用权的涵义界定为:宅基地使用权是指农村居民及部分城镇居民,在农村集体所有的土地上,对分配或通过其他合法途径得来的农村宅基地,依法享有的占有、使用、收益以及有限制地处分的用益物权。