浅议农村土地补偿费分配纠纷的受案范围

近年来,土地补偿费分配问题导致的农村基层纠纷日益成为法律冲突中的焦点,司法机关如何在尊重农村集体经济组织分配自主权与保护农民合法权益之间进行取舍,也日益成为难点。其中,法院应否受理农村土地补偿费分配纠纷,由于法律法规的规定不尽明确,司法解释亦不一致,导致不同地域法院的受理情况各不相同。根据最高人民法院有关农村土地补偿费分配纠纷案件的最新司法解释,目前可从补偿费用分配纠纷的内涵和民事法律关系两个角度,来分别确定该类纠纷的受案范围。     

Reproducing plantation society: Women and land in colonial South Carolina

Some women in colonial South Carolina inherited, possessed, and sold real property. This article examines how and why women took on roles as landowners. Such practices were part of a range of innovative strategies designed to hand down plantation capital to the next generation. High mortality rates in the region challenged white families as they sought to establish their children within the planter class. Recent scholarship on women in South Carolina has identified instances in which “female planters” wielded control over land and slaves, temporarily assuming authority otherwise reserved for men. Tracing the presence of female landowners in land records, plantation advertisements, and court records reveals that although women made up only a small minority of landowners, they performed an important role in transmitting land and bringing it into production. Unlike their counterparts in other slave societies, white women in the Lowcountry were engaged directly in managing the domestic economies of plantation businesses. Even the archetypical female planter, Eliza Lucas Pinckney, conceived of her influential experiments with indigo production as an extension of her primary, domestic responsibilities as a planter's daughter and as a planter's wife. Such intensive and extensive domestic experience accounts for the unusually active roles South Carolina women undertook as family agents tasked with reproducing plantation society.     

Brokering power and property in China's townships

Abstract

This paper concerns the process of power at the periphery of state bureaucracy with a focus on township governments and their land development projects in the last two decades. I argue that townships at the bottom of the state bureaucracy operate like power brokers between the state and the village. When dealing with the formal party–state system above them, the township's delegated power is highly uncertain. Townships choose to maneuver in the unspecified legal and administrative zone to bypass the scrutiny of the supervising government. When it comes to the village below them, the township's power is under-defined, and therefore can be stretched to intensify and centralize the grips over village resources and land. In both cases, township officials strategize to maximize their control of village land and profit from the booming land-lease market in China's fast industrializing and urbanizing areas. Townships' land deals reflect the general power process of decentralization. Their brokerage of power corresponds directly with that of property rights in post-reform China.     

Comment on Anthony Downs's “Have Housing Prices Risen Faster in Portland Than Elsewhere?”

Abstract

Forms of urban containment are found in more than a hundred jurisdictions across the United States. The lightning rod for the debate over urban containment is metropolitan Portland, OR, which has had an urban growth boundary for a generation. In the early 1990s, housing prices there soared, providing fodder to interests opposed to public interference in the private development market. Downs contributes to the debate by finding that over the long term, metropolitan Portland's housing prices are more in line with its West Coast and national contemporaries than not.

This comment first reviews some of the literature associating growth controls and growth management with housing price changes. I then examine how Oregon's and metropolitan Portland's particular institutional measures ameliorate potential price effects, offering lessons for containment programs everywhere. I caution that urban containment is here to stay and that the best way for development interests to protect themselves from undesirable outcomes is to advocate Portland‐style urban containment.     

Comment on Carl Abbott's “The Portland region: Where city and suburbs talk to each other—and often agree”

Abstract

The Portland, OR, area's urban growth boundary is an idea whose benefits to the region may depend on a willingness to expand the boundary occasionally. The parable contained in this comment suggests that the declared unwillingness to expand the urban growth boundary could have contributed to Portland's recent sudden increase in housing prices. It further suggests that an inflexible attitude toward the boundary could cause long‐run losses in employment in the Portland region, with few if any offsetting environmental benefits. Other regions should be aware of the potential drawbacks of installing such a boundary.     

Some realities about sprawl and urban decline

Abstract

Many urban analysts believe suburban sprawl has become an important issue because it helps generate two types of problems: growth‐related difficulties like rising traffic congestion, and high concentrations of poor minority households in core‐area neighborhoods. However, a careful regression analysis of measures of both sprawl and urban decline shows no statistically significant relation between these two conditions.

The basic nature of the American urban development process would cause core‐area poverty concentrations even if sprawl were replaced by more compact growth forms. But sprawl does aggravate growth‐related problems. Those problems could be attacked through either alternative overall growth strategies—such as high‐density, tightly bounded growth—or specific anti‐sprawl tactics, such as regional tax‐base sharing and regional coordination of land uses. But no feasible policies are likely either to alleviate traffic congestion much or cause most American regions to abandon sprawl.     

A typology of U.S. suburban places

Abstract

Suburbs are becoming increasingly diverse as they continue to comprise larger portions of the metropolitan population and employment. Former perceptions of suburban uniformity are being eroded by the variance in form and function that now characterizes them. This article analyzes data collected on 3,567 non‐central‐city, incorporated, metropolitan places in the United States along the dimensions of population, place, economy, and government. Specifically, a hierarchical clustering procedure, combined with discriminant analysis, identifies 10 distinct types of suburbs in the data.

Level, composition, and combinations of wealth, employment, and race drive the distinctions among suburban clusters, many of which do not fit our traditional characterizations of suburbia. In fact, only about half of all the suburbs considered are strongly characterized by these traditional traits, and these suburbs contain less than one out of every three residents considered in the analysis.     

Searching for Livelihood Security: Land and Mobility in Burkina Faso

The incremental approach to land reform in sub-Saharan Africa constitutes a rapprochement between proponents of the introduction of private property regimes and their critics. The incrementalists recognise that local tenure regimes can change and that they should be the basis of any land-reform programme. This article argues that an important gap remains with regard to the dynamics of tenure arrangements observed in a highly insecure environment, because the incremental approach retains a western-type of tenure security as its ultimate goal. Geographic mobility of actors and fields is essential to the protection of livelihoods in the north-central region of Burkina Faso. This mobility not only is made possible by the prevailing land tenure regime but also underpins its flexibility and allows the merging and shifting of rights. All of this argues against the establishment of western-type tenure security and in favour of the maintenance of flexible resource tenure regimes - a model discussed in recent years in relation to pastoral land use in drylands. This would have the additional advantage of integrating understandings of, and approaches to, pastoralists' and crop-farmers' land use in regions where these population groups already intermingle.     

Digital identity,privacy and the right to identity in the United States of America

This article analyses digital identity as an emergent legal concept in the United States of America, as a consequence of the move to place all federal government services on-line. The features and functions of digital identity and its legal nature are examined, and the consequences are considered.     

土地开发增值收益分配制度的法理基础

土地开发权的性质是公权力,其基本内容是土地用途管制和规划管理,土地开发权决定土地资源的初始配置,它是土地资源市场配置的基础。土地利用的公法调整是私法调整的基础。土地开发权是产生土地开发增值收益的决定因素,这是构建和完善土地开发增值收益分配制度的法理基础。国家应当以土地管理者身份参与土地开发增值收益的初次分配和二次分配,以实现土地开发增值收益社会分享的政策目标。作为土地所有权人的国家和集体以及其他民事权利主体,依据民事权利参与土地开发增值收益的初次分配。