农民土地财产权权益制度保障研究

作为20世纪70年代开始的中国农村经济制度改革的原始起点和中心,家庭联产承包责任制不仅是目前与今后相当长一端时间内存在的农村土地基本经营制度,同时也是我国现代化农村土地制度安排中对农民土地财产权权益保护的结构性基础。但由于现行的有关农村土地制度中农民集体所有的产权安排存在着产权残缺等障碍,因此国家、集体和农民之间围绕着土地剩余索取权的仍然存在严重争议,农民的土地财产权仍然或多或少地受到不同程度的侵害。明确赋予农民土地财产权,并实现切实的立法和制度保护不能流于形式,如何既坚持土地国有下的家庭联产承包责任制,又切实有效地保障农民的土地财产权权益,就成为农村土地制度安排中的一个重大课题。     

When Law Stands Still: Land Contracts in English Law and Law's “Abandonment” of Everyday Life

After the 1989 reform on land contracts - the Law of Property (Miscellaneous Provisions) Act 1989 - a contract for the sale or other disposition of an interest in land could only be made in writing. Behind what appears to be merely a “technical” rule of private law lies, hidden, something that is rather more serious than that - the figure itself of nothing less than the relationship between law and everyday life in Europe's systems of private law. Text and context, alone, are necessary but insufficient analytical steps to uncover such a figure. Instead, it is here suggested, one must rethink the relationship between law and everyday life in terms of “abandonment”.Building on (without necessarily fully endorsing) philosophical insights from Heidegger, Nancy and Agamben, the paper provides a first inroad into one of the most troubling aspects of the modern nation state - law's abandonment of everyday life. This revised version was published online in July 2006 with corrections to the Cover Date.     

土地行政人员职务犯罪的犯罪心理学分析

近年来土地犯罪案件频发，逐渐演变为有巨大负面影响的社会问题，对之进行多角度的综合研究成为大势所趋。本文创造性地从犯罪心理学的角度对土地行政人员职务犯罪进行解读和剖析，意在开辟土地犯罪研究领域内一个新的研究视角和研究路径。     

Law and Larai: The (De)Judicialisation of Subaltern Resistance in West Bengal

Abstract

This article examines the dynamics of judicialisation and dejudicialisation of subaltern resistance in the context of a prolonged anti-land acquisition struggle in Singur in the Indian state of West Bengal. Taking its point of departure in a detailed, chronological ethnographic account of the Singur movement and its shifting engagement with the language and institutions of law, the article demonstrates how the local resistance to a land acquisition for the purpose of setting up a new automobile factory oscillated strategically back and forth between a multitude of sites of contestation. This strategic oscillation was, in turn, highly sensitive to the broader context in which the movement was carried out, and to the shifting terrain of the local and regional political landscape in particular. The attractiveness of invoking the language and institutions of law as part of their struggle therefore significantly depended on the attractiveness of other modalities of resistance at a given moment. In conclusion, the article uses the Singur case to critically interrogate and rethink the seminal work of Partha Chatterjee on political society and the politics of the governed in post-colonial India.     

Conservation on contested lands: the case of Namibia's communal conservancies

Community Conservation initiatives have become widespread in several Southern African countries and have also been increasingly involved in disputes over land claims, control of resources and territorial authority. The aim of this paper is to analyse how Communal Conservancies in Namibia are being used by rural communities as tools for gaining or securing access to and control of communal land in a moment when it is perceived as increasingly scarce. Peasants, Traditional Authorities, the State and conservationists all try to influence the use that will be given to contested lands. The paper will focus on two cases: King Nehale Conservancy, a heavily populated mixed agricultural land in North-Central Namibia (Owamboland) and Nyae Nyae Conservancy, a semi-arid land inhabited by a historically marginalised population, the Ju/’hoan San. In both cases Conservancies contribute to an increased control by communities over their land, but also imply the reinforcement of the presence of the State and private capital in communal areas, and become part of the internal struggles among sections of the communities themselves.     

公众参与理念在美国土地规划票决中的实践及启示

美国的投票式分区管制将票决制度运用于土地规划,是一种最强程度的公众参与。实践表明,土地规划领域有适用票决制度的必要,票决制度体现的公众参与特征包括决策者与参与者之间的双向沟通关系,决策结果对公众参与具有高度的依赖性。在信息公开制度健全、议题限制、平等保护审查等条件下,居民投票不会沦为"愚众政治",与专业机构判断的对立也会缓解,而且也不会"压迫少数人的意见"。我国应在涉及健康、生命安全的公共项目选址决策中引入票决制度,并同时完善信息公开配套机制,以及加强对居民投票决策不违反公益要求的程序管控。     

The Electoral Politics of Housing

This article surveys the territorial politics of housing policy with particular reference to the Conservative Party. It examines the how attempts to establish a new planning framework under the previous Coalition government came unstuck and sets out the implications of the planning impasse for home ownership and ‘generation rent’. The territorial and tenure dimensions of the 2015 General Election are considered and possible future Conservative conflicts over land release are explored.     

The making of land ownership: land titling in rural Colombia – a reply to Hernando de Soto

Hernando de Soto’s best-selling book The Mystery of Capital argues that economically disadvantaged countries lack institutional arrangements that can spur economic development and capital growth. This article questions de Soto’s institutional economist account. It draws on a 14-month ethnographic study performed at two rural field sites in Colombia and in the central government office responsible for promoting land programmes designed to improve the living conditions of rural communities. This study, which focuses on the daily practices of public officials and rural campesinos, suggests the importance of the title document, and in particular the public deed, for land ownership. It describes the process by which landownership is created by the issuance of the land title document and highlights some important elements and untended consequences that are often neglected in this process of making land a legal and economic asset.     

Autonomous peasant struggles and left arts of government

I argue that self-organisation cannot account for how grassroots struggles can pursue transnational political change. I develop an account of some ‘left arts of government’ through which resistance is facilitated and organised without reintroducing oppressive and hierarchical forms of rule. I do so by focusing on the practices of autonomous peasant mobilisations. Land occupation movements facilitate the ability of people to engage in ongoing resistance on their own behalf. They organise resistance through horizontal communication and through transnational networks involving representative structures. Finally, peasant mobilisations engage with states and international institutions to solidify gains made.     

农村房屋买卖存在的问题及法律对策

在农村房屋买卖领域,一个突出的变化,就是购买主体由以前的集体经济组织内部成员扩大到外村村民甚至城镇居民。如何解决好这一变化引发的新问题,已成为当务之急。笔者通过对相关立法、实践的思考,认为对于此种农村房屋买卖只能是宜疏不宜堵。但宅基地使用权连同房屋所有权转移应受一定限制,法律对此应作出明确规定,以便对农村房屋买卖加以引导,从根本上减少纠纷的产生,推动社会主义新农村及和谐社会的建立。