产权规则、责任规则及农地征用规则的选择

对于法律应该有一个正确的定位,即它仅仅是市场中影响交易的众多制度之一,我们要将市场的观念引入法律的领域,用效率的视角来考察法律,以期合理利用法律促进社会总体福利。在这方面,美国的许多学者在规则选择和适用领域做了有意义的探索和尝试。本文的目的就是对相关的理论做一个简单的介绍,并且以此为基础考察一下我国农地征用领域适用的规则问题。     

我国农产品质量安全区域化管理法制建设研究

农产品质量安全关系到公民多项权利,更关系到政治稳定、经济发展与社会和谐。对农产品质量安全实行区域化管理,打破传统的管理方式,实现结合区域实际情况进行有针对性的管理,将有效推进我国农产品质量安全保障工作。正是农产品质量安全区域化管理法制建设具有多维的法价值尤其是安全价值,凸显了对农产品质量安全社会公共利益的重要性。在农产品质量安全区域化管理法制建设中要以安全为首要价值、以社会公共利益为基本理念,有效推进我国农产品质量安全保障进程。     

我国农地产权分析及制度重构

我国农地产权制度由于产权界定不合理和农民土地产权的缺失,导致违法征地现象严重.土地交易成本昂贵,农民的合法权益得不到保护.文章引入产权理论,特别是从农地的使用权和处置权方面,论述了农地问题造成的原因,提出合理界定农地产权,建立允许农地承包经营权流转的机制,让农民分享产权增值的成果.     

博弈视角下农地流转与农民利益保障机制探析

农地流转制度在巩固存量利益的同时,也带来了可观的增量利益,各个利益主体为分配新增利益势必会展开激烈的竞争和角逐.运用博弈论系统分析利益主体之间的博弈关系,透视现实制度实行中其他利益主体对农民利益的侵害.在策略选择上从宏观、中观和微观角度着力构建三位一体利益保障机制,矫正农地流转利益博弈中的力量失衡状态,促使农民的存量利益能够得到对价支付,确保农民能够公平参与增量利益的分配.     

农民专业合作社利益联接机制研究

农民专业合作社已被确立为引领农民参与国内外市场竞争的现代农业经营组织。但利益分配问题是合作社不可避免的难题,它关系到合作社的存亡和发展。所以,健全合作社的利益联接机制是规范和发展农民专业合作社的核心。     

试析中日农产品贸易摩擦

随着全球经济一体化,各国之间的经贸关系日趋密切,我国对外贸易迅速发展,贸易摩擦逐年升温,特别是中日农产品贸易摩擦此起彼伏.本文以近年来中日农产品贸易摩擦实例为依据,从经济和政治两方面分析产生贸易摩擦的原因,而后提出缓解贸易摩擦的措施.随着中日双方的相互协调和经济发展,中日农产品贸易将在摩擦中继续发展.     

Agricultural commercialisation models,agrarian dynamics and local development in Ghana

The renewed commitment of African states to modernising agriculture has reignited longstanding debates about different models of agricultural commercialisation. Which forms of commercialisation models will reduce land dispossession and the impoverishment of smallholders, and transform smallholder agriculture and the wider economy? Of the three broad models of agriculture commercialisation in this debate – plantation, contract farming and medium-scale commercial farming – contract farming has been identified as central to the future of Africa’s commercial agriculture. This paper provides empirical evidence from Ghana on the impacts of these three models on land, labour/employment, livelihoods and local economic linkages. Our findings show that the plantation and the commercial farming areas have highly commercialised land relations, land scarcity and high land prices, compared to the outgrower area where traditional systems of accessing land still dominate, enabling families to produce their own food crops while also diversifying into wage labour and other activities. Food insecurity was highest in the plantation area followed by the commercial area, but lowest in the outgrower area. Here, semi-proletarianised seasonal workers combine self-provisioning from their own farms with wages, and this results in better livelihood outcomes than for permanent workers in plantations and commercial farms. Due to the processing units in the plantation and the outgrower models, they provided more employment. However, the casualisation of labour and gender discrimination in employment and access to land occur in all three cases. All three models generated strong economic linkages mainly because they combined attributes such as processing, provided markets for nearby farmers, induced state infrastructural development and diffused technology in competitive ways. The effects of the models on household and local development are coproduced by their interaction with pre-existing conditions and wider national economic structures.     

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.     

The Campesino-to-Campesino agroecology movement of ANAP in Cuba: social process methodology in the construction of sustainable peasant agriculture and food sovereignty

Agroecology has played a key role in helping Cuba survive the crisis caused by the collapse of the socialist bloc in Europe and the tightening of the US trade embargo. Cuban peasants have been able to boost food production without scarce and expensive imported agricultural chemicals by first substituting more ecological inputs for the no longer available imports, and then by making a transition to more agroecologically integrated and diverse farming systems. This was possible not so much because appropriate alternatives were made available, but rather because of the Campesino-a-Campesino (CAC) social process methodology that the National Association of Small Farmers (ANAP) used to build a grassroots agroecology movement. This paper was produced in a ‘self-study’ process spearheaded by ANAP and La Via Campesina, the international agrarian movement of which ANAP is a member. In it we document and analyze the history of the Campesino-to-Campesino Agroecology Movement (MACAC), and the significantly increased contribution of peasants to national food production in Cuba that was brought about, at least in part, due to this movement. Our key findings are (i) the spread of agroecology was rapid and successful largely due to the social process methodology and social movement dynamics, (ii) farming practices evolved over time and contributed to significantly increased relative and absolute production by the peasant sector, and (iii) those practices resulted in additional benefits including resilience to climate change.     

Rethinking public policy in agriculture: lessons from history,distant and recent

This article reviews the histories of agricultural policy in 11 of today's developed countries between the late-nineteenth and the mid-twentieth century and in 10 developing and transition economies since the mid-twentieth century. After discussing the theoretical limitations of the prevailing orthodoxy, the article discusses the history of a wide range of agricultural policies concerning issues like land, knowledge (e.g., research, extension), credit, physical inputs (e.g., irrigation, transport, fertilizers, seeds), farm income stability (e.g., price stabilisation measures, insurances, trade protection), marketing, and processing. The article ends by discussing the policy lessons that may be learned from these historical experiences.