This paper reviews the land expropriation dispute research literature from three dimensions： the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute part...This paper reviews the land expropriation dispute research literature from three dimensions： the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute parties. The paper makes a summary on the research contents and research methods of each dimension. More- over, the contributions and the limitations are pointed out and suggestions for future展开更多
One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government an...One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.展开更多
This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between ...This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between the buyer and the seller, efficient and equitable compensation is obtained through a market transaction and bargaining negotiation mechanism, under the assumpation of a perfect market. From the state-of-the-art viewpoint of land appraising, a practical approximation of the theoretical optimal compensation will provide an effective solution for China, under the current collective-owned land property rights structure.展开更多
By using household survey data, this paper examines the effect of legal knowledge, a proxy for farmers＇ ability to protect their land, on agricultural development in rural China. The Ordinary Least Square （OLS） est...By using household survey data, this paper examines the effect of legal knowledge, a proxy for farmers＇ ability to protect their land, on agricultural development in rural China. The Ordinary Least Square （OLS） estimation results indicate that legal knowledge in a household raises agricultural production. Further, once the production effect of legal knowledge is controlled for, the objective measure of land expropriation has no production effect. These results survive for alternative measures of legal knowledge and subsample analysis. A two-stage least squares strategy further confirms that the effect of legal knowledge on farm production is causal. A preliminary channel analysis suggests that the impact of legal knowledge on farm production works mainly through farmyard manure investments and labor incentives.展开更多
[Objective] This study aimed to demonstrate the current status and variation trend of the land insecurity in rural China in recent years. [Method] In the late 2011, we had conducted a systematical survey in 24 village...[Objective] This study aimed to demonstrate the current status and variation trend of the land insecurity in rural China in recent years. [Method] In the late 2011, we had conducted a systematical survey in 24 villages of two provinces including Jiangsu Province and Shaanxi Province. [Result] Survey results suggest enormous unbalance at the village level in the rights that household have been extended. In some villages, farmers seem to hold relatively long-term tenure and most of the rights, where there are less land expropriations and reallocations. Even if some land expropriations or reallocations occur in these villages, a meeting with villagers would be hold, and the villagers would be given the rights to discuss the process of the land expropriation or reallocation. In other villages, on the other hand, the land expropriation or reallocation is more frequent, and the villagers have no right to decide the process of the land expropriation or reallocation, their land prop- erty right are limited and rather unstable, while the village cadres and government at a higher level have coercive power on the land. When land expropriations or reallocations occur in these villages, no villager meeting would be hold. With the extension of time, more and more land expropriations occur, with increasingly involved area. In addition, the frequency of land reallocation is reduced, and the affected areas become smaller and smaller sis for land property rights system [Conclusion] This study had laid the theoretical bareform in rural China.展开更多
The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,inc...The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.展开更多
According to the data of survey on farmers'land right from Rural Development Institute(the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers'willin...According to the data of survey on farmers'land right from Rural Development Institute(the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers'willingness to accept compensation ho e land is expropriated and the related influencing factors by adopting Logistic model.The study indicates that the proportion of farmers'non-agricultural income,the level of economic development in the region,participation right and right to vote,exert conspicuous impact on farmers'satisfaction degr whose land is expropriated.In the provinces that are surveyed,most of the expropriated land is used for the public welfare project building,and in the current context of rapid urbanization,the conditions for defining public interests have not yet been put in place;the farmers in developed regions with more non-agricultural job opportunities express higher degree of satisfaction to the compensation for expropriated land;it is required to establish sound land expropriation compensation mechanism and bolster farmers'participation right,so as to offer fair and reasonable compensation for the farmers whose land is expropriated.展开更多
This paper introduces the status of group differentiation of farmers whose land is expropriated and analyses the forcing of urban community factor and social workers'intervention on community integration of farmer...This paper introduces the status of group differentiation of farmers whose land is expropriated and analyses the forcing of urban community factor and social workers'intervention on community integration of farmers whose land is expropriated.Since individual characteristics factors,external factors,social support and internal factors are different,the understandings of current farmer group whose land is expropriated on social work have great disparity.The obstacles existing in urbanization of farmers whose land is expropriated are concluded as follows.In terms of group constitution,there is a shortage of development-oriented of farmer groups whose land is expropriated,but impoverished groups overabound;in terms of cities,it lacks direct platforms and institutions that provide services for farmers whose land is expropriated.In terms of social work,the degree of social workers intervening in community integration of farmers whose land is expropriated is insufficient.From three aspects:the intervention of social work in integration of different types of communities of farmers whose land is expropriated,social work intervention at level of social policy,and social worker team carrying out the plan of helping others,this paper proposes path selection of intervention of social work in community integration of farmers whose land is expropriated.展开更多
So far,the work of calculating the regional comprehensive price of expropriated agricultural land has been carried out for more than ten years,but in the specific calculation process,the concept and calculation method...So far,the work of calculating the regional comprehensive price of expropriated agricultural land has been carried out for more than ten years,but in the specific calculation process,the concept and calculation method of the regional comprehensive price of expropriated land are still lack of unified standards.In this paper,from the point of view of the benchmark land price,the regional comprehensive price of expropriated agricultural land is calculated by using the relatively mature benchmark land price.展开更多
基金Supported by Youth Foundation for Humanities and Social Science Research from the Ministry of Education(10YJC840078)the Fundamental Research Funds for the Central Universities(SWU1209363&SWU1409319)~~
文摘This paper reviews the land expropriation dispute research literature from three dimensions： the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute parties. The paper makes a summary on the research contents and research methods of each dimension. More- over, the contributions and the limitations are pointed out and suggestions for future
基金Key Project of National Social Science Foundation (09AFX001) in 2009 Decision Research Project of Henan Provincial Government (B543)
文摘One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.
基金The research was financed by the National Social Science Foundation of China (04CJL003).
文摘This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between the buyer and the seller, efficient and equitable compensation is obtained through a market transaction and bargaining negotiation mechanism, under the assumpation of a perfect market. From the state-of-the-art viewpoint of land appraising, a practical approximation of the theoretical optimal compensation will provide an effective solution for China, under the current collective-owned land property rights structure.
文摘By using household survey data, this paper examines the effect of legal knowledge, a proxy for farmers＇ ability to protect their land, on agricultural development in rural China. The Ordinary Least Square （OLS） estimation results indicate that legal knowledge in a household raises agricultural production. Further, once the production effect of legal knowledge is controlled for, the objective measure of land expropriation has no production effect. These results survive for alternative measures of legal knowledge and subsample analysis. A two-stage least squares strategy further confirms that the effect of legal knowledge on farm production is causal. A preliminary channel analysis suggests that the impact of legal knowledge on farm production works mainly through farmyard manure investments and labor incentives.
文摘[Objective] This study aimed to demonstrate the current status and variation trend of the land insecurity in rural China in recent years. [Method] In the late 2011, we had conducted a systematical survey in 24 villages of two provinces including Jiangsu Province and Shaanxi Province. [Result] Survey results suggest enormous unbalance at the village level in the rights that household have been extended. In some villages, farmers seem to hold relatively long-term tenure and most of the rights, where there are less land expropriations and reallocations. Even if some land expropriations or reallocations occur in these villages, a meeting with villagers would be hold, and the villagers would be given the rights to discuss the process of the land expropriation or reallocation. In other villages, on the other hand, the land expropriation or reallocation is more frequent, and the villagers have no right to decide the process of the land expropriation or reallocation, their land prop- erty right are limited and rather unstable, while the village cadres and government at a higher level have coercive power on the land. When land expropriations or reallocations occur in these villages, no villager meeting would be hold. With the extension of time, more and more land expropriations occur, with increasingly involved area. In addition, the frequency of land reallocation is reduced, and the affected areas become smaller and smaller sis for land property rights system [Conclusion] This study had laid the theoretical bareform in rural China.
文摘The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.
基金Supported by Postdoctoral Innovative Research Project in China Agricultural University(2011BH012)
文摘According to the data of survey on farmers'land right from Rural Development Institute(the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers'willingness to accept compensation ho e land is expropriated and the related influencing factors by adopting Logistic model.The study indicates that the proportion of farmers'non-agricultural income,the level of economic development in the region,participation right and right to vote,exert conspicuous impact on farmers'satisfaction degr whose land is expropriated.In the provinces that are surveyed,most of the expropriated land is used for the public welfare project building,and in the current context of rapid urbanization,the conditions for defining public interests have not yet been put in place;the farmers in developed regions with more non-agricultural job opportunities express higher degree of satisfaction to the compensation for expropriated land;it is required to establish sound land expropriation compensation mechanism and bolster farmers'participation right,so as to offer fair and reasonable compensation for the farmers whose land is expropriated.
基金Supporte by Philosophical Social Sciences Planning Project in Chongqing City(2007-SH05)
文摘This paper introduces the status of group differentiation of farmers whose land is expropriated and analyses the forcing of urban community factor and social workers'intervention on community integration of farmers whose land is expropriated.Since individual characteristics factors,external factors,social support and internal factors are different,the understandings of current farmer group whose land is expropriated on social work have great disparity.The obstacles existing in urbanization of farmers whose land is expropriated are concluded as follows.In terms of group constitution,there is a shortage of development-oriented of farmer groups whose land is expropriated,but impoverished groups overabound;in terms of cities,it lacks direct platforms and institutions that provide services for farmers whose land is expropriated.In terms of social work,the degree of social workers intervening in community integration of farmers whose land is expropriated is insufficient.From three aspects:the intervention of social work in integration of different types of communities of farmers whose land is expropriated,social work intervention at level of social policy,and social worker team carrying out the plan of helping others,this paper proposes path selection of intervention of social work in community integration of farmers whose land is expropriated.
基金Supported by Scientific Research Think Tank Project of Henan Academy of Sciences(210701004).
文摘So far,the work of calculating the regional comprehensive price of expropriated agricultural land has been carried out for more than ten years,but in the specific calculation process,the concept and calculation method of the regional comprehensive price of expropriated land are still lack of unified standards.In this paper,from the point of view of the benchmark land price,the regional comprehensive price of expropriated agricultural land is calculated by using the relatively mature benchmark land price.
