家庭联产承包责任制的再审视

家庭联产承包责任制由于符合农业自身的特点和我国当时的农村实际 ,为我国农业经济的恢复和发展发挥了巨大的作用。但在国民经济已转入市场经济的今天 ,这种体制下农地流转的非市场方式已暴露出粗放经营、低效率、土地使用权属性不明确等弊端 ,因而有待进一步改革。     

集体土地征收与农地转用审批

由于土地用途和所有权方面的原因,集体所有的农业用地转为非农建设用地首先要通过土地征收将集体土地转为国有土地。这一产生于计划经济背景下的制度已不合时宜,既侵害了农民的土地产权又不利于有关土地管理的行政法治,也不能充分保护土地资源。应根据产权理论和行政征收原理加以改革,分别建立独立的集体土地征收制度和农地转用审批制度。     

发展陕西果业 壮大县域经济

县域经济的发展在于特色,果业是陕西省的特色产业,充分利用资源优势,促进果业的发展,带动相关产业的兴旺、发达,从而带动县域经济的高速增长,加快县域经济发展,是我省实现强省富民目标的重要途径,也会使我省的经济迈向一个新台阶。     

地方政府与农民在农村土地流转中的角色定位及重塑

农村土地流转制度改革是一个复杂而系统的过程,需要明确地方政府的主导角色和发挥农民的主体作用。然而,当前土地流转过程中地方政府与农民的角色定位与现实境遇存在巨大偏差,遭遇到种种困境和瓶颈束缚,迫切要求从体制上、从观念上加以重塑,推动农村土地流转制度改革。     

毛泽东、邓小平解决农民问题的经验及其当代意义

农民问题有两个核心:一是土地问题,二是农村剩余劳动力的转移。毛泽东和邓小平分别成功地解决了中国革命和社会主义建设初期的土地问题,对农村剩余劳动力的转移也做了有益的探索,为当代农民问题的解决提供了宝贵的经验,即进行大胆的制度创新,进一步扩大和保障农民对土地的权利,并通过农村人口的城市化和市民化实现农村剩余劳动力的转移。     

The Great Rabbit Massacre – A “Comedy of the Commons”? Custom, Community and Rights of Public Access to the Links of St Andrews

In the US courts and legal scholars have rediscovered the English doctrine of custom. In her essay ``The Comedy of the Commons: Custom, Commerce, and Inherently Public Property', Professor Carol Rose argues that customary uses of recreation lands should be upheld by courts because the highest value of such land is achieved by keeping them open to the public. Rose relies in her argument on the English doctrine of custom, but the doctrine of custom legitimates local not public use. British legal history, however, provides an example of such a ``public' common in the Links of St Andrews. In the case Dempster v. Cleghorn, the golfing public sought to vindicate their customary right to the maintenance of golfing ground as it had been ``in all times past'. This article examines the case of Dempster, and the consequent riot, and asks whether it was a ``comedy of the commons'. It concludes that despite ten years of litigation and the extirpation of the Dempsters' warrened rabbits, the case nevertheless is a ``comedy of the commons' that provides a model of the meditation of public use by local custom and community. This revised version was published online in August 2006 with corrections to the Cover Date.     

Dalits and Dispossession: A Comparison

ABSTRACT

Widespread “land wars” in contemporary India have rekindled older debates over the implications of capitalism for caste, with some arguing that land dispossession for new economy projects may be liberating for Dalits. We assess this argument through comparative ethnographic and survey research into the consequences of dispossession for Dalits in the cases of two Special Economic Zones built during the 2000s. We advance three arguments. The first, methodological, is that approaching this question requires systematically comparing the outcomes of dispossession for Dalits relative to upper castes. The second, based on such an assessment, is that the interaction between exclusionary growth and caste-based agrarian inequalities has in both cases expanded socio-economic inequalities between upper and lower castes and left most dispossessed Dalits worse off in absolute terms. Third, the cases demonstrate important qualitative differences across generally bad outcomes for Dalits, which derive from the combination of project characteristics and pre-existing agrarian inequalities. While demonstrating how the exclusionary growth driving dispossession in contemporary India is generally unpromising for Dalits, we underscore the importance of comparative ethnographic research into the interaction between different forms of dispossession and specific agrarian social structures.     

从农村土地承包法到民法典物权编:“三权分置”法律表达的完善

"三权分置"在农村土地承包法上获得了法律表达,但在纳入民法典物权编时,仍需进一步完善。土地经营权是设立在土地承包经营权之上的新型次级用益物权,以权利用益物权作为法理支撑,与土地承包经营权之间没有物权排他性上的冲突。作为物权的土地经营权,转让和设立担保时不需承包方同意。以土地经营权为客体的担保方式是不动产抵押。     

Neo-settler colonialism and the re-formation of territory: Privatization and nationalization in Israel

In this article we critically analyse the production of Israeli territory vis a vis the ongoing transformation of land and planning policies from ones based on pure nationalism to those purporting neo-liberal logic. Unlike the existing literature ? including the most recent critical body of knowledge on planning, resource management and public policy in Israel ? we contend that this transformation must be understood within the framework of settler colonialism. Our main argument is that the growing dominance of neo-liberal policies, expressed in the form of new public management, privatization of space, planning and territorial management, is bound up with Israel’s settler-colonial politics. Based on our detailed study of the dynamics of the privatization of space in Israel, we conceptualize the interplay between centralistic-national territorial management and new public management, free market-driven, privatization-prone, liberal planning and land policies as neo-settler colonialism. This concept focuses on the symbiotic relationships between these two vectors, with the latter providing a new mechanism of colonial control.     

Situating tenure,capital and finance in farmland relations: implications for stewardship and agroecological health in Ontario,Canada

Farmers in Canada are older and more capitalized than ever before. Meanwhile, farmland values continue to rise. These forces together are generating unprecedented shifts in farmland relations, marked by increasing reliance on rental tenure and the rise of hybrid owner–renter consolidating farmers. This paper explores these dynamics in Ontario and asks how they are impacting on-farm agroecological stewardship. To do so, we begin with a review of the land and property relations literature as well as farmland and agricultural change in Ontario. We then briefly review agroecological issues and concepts that are important for linking on-farm agroecological health to aformentioned farmland and agricultural changes. From here, we use survey, interview and soil sample data collected from grain farmers across Ontario to elucidate relatively new shifts in land tenure and use dynamics. We argue that this complex set of forces is interacting to produce an appealing set of conditions for financial investors, while restricting access to farmland for less-capitalized farmers. We then show how these shifts are divesting capital and attention from agroecological health. We conclude with a reflection on how the state has been mediating and contributing to these dynamics, and urgently call for land policy that prioritizes social and ecological principals.