论征地补偿费分配的反思与重构

我国征地补偿费分配纠纷数量不断上升，涉及人数众多，矛盾尖锐。征地补偿费分配纠纷的症结在于分配范围不清，分配对象不明和分配方案不公。我国应当拓宽补偿范围，完善补偿费发放制度，明确集体所有权人，确立集体成员的识别标准，设定最高留存比例，健全村民自治，从而确保征地补偿费公正、有序、合理的分配，以构建和谐、稳定的社会主义新农村。     

The land exclusion dilemma and Sumatra’s agrarian reactionaries

Even as millions of rural workers have organized into agrarian movements, their efforts to benefit from progressive social mobilizations often fail. To understand how agrarian movements can overcome these difficulties, this contribution acknowledges a dilemma: As agrarian movement members create ties to land they necessarily confront new forms of exclusion. We discuss this exclusionary land dilemma, with a focus on Sumatra’s agrarian reactionaries as an elite class possessing a potent exclusionary force that seeks to erase agrarian movement legitimacy and block rural workers’ mobilizations to reclaim and occupy land. We trace these agrarian reactionaries’ public life across a state–corporate–criminal apparatus and their repression of two agrarian movement mobilizations. We find agrarian reactionaries’ actions offer a partial explanation for the still-limited gains of Sumatra’s rural workers’ movements. Agrarian reactionaries legitimize their exclusions with nativist, ethno-territorial ideas that co-opt indigenous rights claims. In response, laborers and agriculturalists are now refining a more inclusive land politics – one of greater unifying influence that does not depend upon claims of indigeneity – to overcome reactionary repression.     

农村土地权属管理中存在的问题及解决对策

农村土地权属管理是明确农村土地所有权、使用权归属,化解农村土地权属争议的一项重要管理工作。目前,我国农村土地权属管理中还存在着土地权属争议复杂、处理难度大,立法模糊、适用法律不统一,以及基层土地权属管理制度不够完善等一系列问题。为此,必须进一步完善土地立法,明确土地确权原则,加强依法行政,加大对土地权属争议的调处力度,重视有关土地政策法律的宣传工作,同时注重借鉴其他国家和地区的土地管理经验,从而扎实推进农村土地权属管理工作的有效开展。     

关于我国土地征收制度的特点与完善

土地征收是国家为实现公共利益而强制调整人民土地权益的行为,属于一种不得已而对合法私权科以的特别负担。由于我国现行土地管理和财政管理体制存在缺陷,一些地方政府的土地征收行为存在向＂赢利性经济人＂蜕变的趋势,严重影响了社会和谐。对此,需要科学界定＂公共利益＂,完善相关法律制度,并进一步明确人民的土地权益,以便形成必要的制衡机制。     

农村土地承包经营权的法律保护

农村土地承包经营权是农民依法享有的一项重要民事权利。在农村实行家庭承包经营,符合生产关系要适应生产力发展的规律,但由于当事人主体地位不平等、主管部门行政管理职能缺位等原因,导致部分农民土地承包经营权受到侵害。为此,我们应通过完善土地承包经营权登记制度、强化承包经营权物权效力等方面。实现对农村土地承包经营权的法律保护。     

我区农村土地承包经营权流转制度建设的调查与研究

加快农村土地合理流转,是推进农业产业化经营、发展现代农业的关键,也是增加农民收入、有序转移农村富余劳动力的重要途径。     

Citizen’s Charter for Improved Public Service Delivery and Accountability: The Experience of Land Administration at the Local Government in Bangladesh

Improved public service delivery and accountability have increasingly turned out to be important issues in public sector management. In Bangladesh, there has been noteworthy progress, including the introduction of citizen’s charter since 2008. This article explores the contribution of citizen’s charter in improving public service delivery and accountability at the local government land administration, adopting a qualitative longitudinal study. Analysis of the findings reveals that most of the service recipients are ignorant about the charter even after 8 years of its introduction. The charters are mainly producer dominated and their grand rhetorics are far away to achieve in reality.     

The ‘tenure guidelines’ as a tool for democratising land and resource control in Latin America

Abstract

The current configuration of global land politics – who gets what land, how, how much, why and with what implications in urban and rural spaces in the Global South and North – brings disparate social groups, governments and social movements with different sectoral and class interests into the issue of natural resource politics. Governance instruments must be able to capture the ‘political moment’ marked by the increasing intersection of issues and state and social forces that mobilise around these. This paper looks at whether and how the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (also known as the TGs) passed in 2012 in the United Nations Committee for Food Security (CFS) can contribute to democratising resource politics today. This work puts forward some initial ideas about how systematic research into the TGs can be done more meaningfully.     

Do State Affordable Housing Appeals Systems Backfire? A Natural Experiment

Several U.S. states have supplemented traditional judicial review of local land-use regulation with a state affordable housing appeals system (SAHAS). Empirical evidence indicates that a SAHAS can increase the proportion of housing that is affordable to low- and moderate-income households. But some scholars have suggested that an effective SAHAS will ultimately backfire, by producing incentives to prohibit market-rate development, thereby rendering a state’s housing stock less affordable overall. We test this “backfire” hypothesis with a longitudinal comparison of single-family housing development from 1980 through 2007 in municipalities located in adjacent areas of Connecticut (which adopted a SAHAS in 1989) and New York State (which did not have a SAHAS during the study period). Contrary to the predictions of the backfire hypothesis, our fixed effects regression indicates that Connecticut's SAHAS was associated with increased single-family development relative to the New York State jurisdictions in our sample. This result suggests that a SAHAS can increase below-market rate and mixed-income development without impeding market-rate development.     

Plantations,outgrowers and commercial farming in Africa: agricultural commercialisation and implications for agrarian change

Whether or not investments in African agriculture can generate quality employment at scale, avoid dispossessing local people of their land, promote diversified and sustainable livelihoods, and catalyse more vibrant local economies depends on what farming model is pursued. In this Forum, we build on recent scholarship by discussing the key findings of our recent studies in Ghana, Kenya and Zambia. We examined cases of three models of agricultural commercialisation, characterised by different sets of institutional arrangements that link land, labour and capital. The three models are: plantations or estates with on-farm processing; contract farming and outgrower schemes; and medium-scale commercial farming areas. Building on core debates in the critical agrarian studies literature, we identify commercial farming areas and contract farming as producing the most local economic linkages, and plantations/estates as producing more jobs, although these are of low quality and mostly casual. We point to the gender and generational dynamics emerging in the three models, which reflect the changing demand for family and wage labour. Models of agricultural commercialisation do not always deliver what is expected of them in part because local conditions play a critical role in the unfolding outcomes for land relations, labour regimes, livelihoods and local economies.