Land Management Rights Research Articles

Impact of land fragmentation and non-agricultural labor supply on circulation of agricultural land management rights

This study quantitatively examines the effects of land fragmentation and non-agricultural labor supply on the circulation of agricultural land management rights. The examination is conducted from the perspective of labor heterogeneity and family joint decision-making, using the rural fixed observation point data from the Ministry of Agriculture of the People's Republic of China. The results reveal that land fragmentation significantly affects circulation decisions of agricultural land circulation. Land fragmentation strengthens the effect of non-agricultural labor supply on agricultural land outflow, and this effect is more pronounced among females. Compared with males, the female non-agricultural labor supply has a greater effect on agricultural land circulation. When non-agricultural labor supply increases, the effect of the female non-agricultural labor supply on agricultural land circulation becomes significant, land outflows increase, and land inflows decrease. In the areas of eastern, central, and northeastern China, the female non-agricultural labor supply has a significant impact on agricultural land outflow. Furthermore, the number of land plots strengthens the effect of the non-agricultural labor supply on the outflows of agricultural land in eastern and northeastern China; this effect is more pronounced for females in northeastern China. The government and related departments should strengthen non-agricultural employment training, and design conditions and policies to promote the orderly transfer of household labor, thus achieving intense agricultural development in the process of human urbanization.

The Game Analysis of the Large Business and Farmers under the Background of the Rural Land Circulation

To promote the coordinated development, accelerate the realization of integration of urban and rural labor, achieve 2020 fully completed a well-off society in an all-round way, the full implementation of the rural regions, the implementation of the land management rights transfer policy, help to solve the rural area land fragmentation, abandonment of the arable land is serious, the small scale of operation. Implementation of the appropriate scale of rural land resources transfer, to improve the quality of life of farmers, reduce the number of rural surplus labor force has played a positive role in promoting. Based on the game between the two main bodies, the farmers and large farming operations research and analysis to realize the rational circulation of rural land resources, making to maximize the interests of both, and ultimately the formation of scale management of land. Finally, the government as the invisible hand in the market need to strengthen macro-control, improve the price mechanism, set up the transfer sides reasonable interests sharing mechanism, so as to guide the farmers and agricultural users between land transfer smoothly.

URBANIZATION AND SUSTAINABLE FOOD PRODUCTION IN CHINA

China is now facing urbanization and the migrants from rural area have increased significantly. The farmland was the core iuess of the new urbanization process. The contracted land management right, residence land use rights and collective construction land allocation right were the main contents of the property right of peasants. To establish a new mechanism to make peasants and the rural collective enjoy the reasonable land profit is important for the new round land reform in China. Based on that, this paper will explain how the rural land were transformed into urban poverty. This paper argued that replace rural retained land into urban property model was a new form of compensation for the rural land. By this model, the migrant farmers can obtain the compensation as the economic base in city and improve the willingness of farmers moving to city and transfer their land to enlarge average arable land scale to develop food production. The paper concluded that the way to solve the shortage of arable land was to speed up the process of urbanization, promote the circulation of cultivated land to realize the expansion of rural per capita arable land to ensure food security. Therefore, it is needed to build a unified construction land market, realize the same price and same right between state-owned land and rural collective land, giving farmers more property rights.

IMPLIKASI HUKUM PEMBEBANAN HAK TANGGUNGAN ATAS TANAH HAK GUNA BANGUNAN DI ATAS TANAH HAK PENGELOLAAN YANG IJIN PEMANFAATAN TANAHNYA DICABUT OLEH GUBERNUR

Governor as the head of the province has the authority to regulate the allocation and use of assets held by the provincial government, including land management rights. The purpose of management rights titled land is to be given to a third party. This provision is based on the Decree of the Governor in form of land utilization permit. Furthermore, over that given land, the rights of land can be applied above it, for example Building Right Title. Problem that occur is if the Governor as concessionaires strip the utilization permit that has been granted, as in the case of Management Rights Titled Land No.2 with the Building Right Title Land No. 80 on behalf of PT. Abdi Persada Nusantara in Kesiman Petilan Village, Denpasar. What about the legal status of land rights that existed on the management rights titled land and the legal consequences of the burdening the liability right to management rights titled land after the revocation of the land utilization permit.
 This type of research in this thesis is a normative legal research, the research that seek answers by examining the problems of legal materials and the use of primary and secondary theoretical foundation as one of the characteristics of a normative study. The approach used in this study is the Regulation Approach, Legal Concepts Analysis Approach and the Case Approach, furthermore the discussion done by descriptive analysis way by describing and analyzing the results obtained from the legal materials, systematically arranged so that the conclusion can be obtained.
 Result of study of the prooblems studied is the legal status of land rights on management rights titled land that it’s utilization permit has been stripped by the concessionaires became abolished. Abolishment of the land rights led to liability rights does not lead to the abolishment of the secured debt. Receivables creditors still there, but no longer as claims that guaranteed specifically by the special position of the creditor (lender preferred)

Empirical Analysis on Farmers' Mortgage Willingness to the Land Management Right and its Influencing Factors

Rural land mortgage loan is an important part of rural financial products and service modes innovation. As the main demand party of rural finance, farmers mortgage willingness is significant to the development and spread of rural land mortgage loan business. This paper, based on the survey data of 140 farmers in Liaoning Province in China, analyzes the mortgage willingness to the land management right and its influencing factors by using the Logit mode. The research results show that farmers mortgage willingness to the land management right is influenced by their age, working experience, the total area of their land, land transferring willingness, income source and supportive policy of the government. Based on the research, this paper also puts forward suggestions on quicken the development of land management right mortgage loan business.

Analisis Yuridis Terhadap Hak-Hak Atas Tanah Yang Berada Di Atas Hak Pengelolaan Pelabuhan

The role of sea ports in the future will be increasinglyimportant, it is necessary to improve the quality ofservice (quality of services). According to the rules ofthe Decree of Directors. (Limited) II No PortsIndonesia. HK.56/1/2/PI.II-2000 dated January 3,2000 submission of the use of portions of land can beprovided with a port HPL Broking and Right to Leasethe building. This is contrary to the Regulation of theMinister of Interior No.1 of 1977, in which rights canbe given to land management rights are Broking andRight to Use.

Analisis Yuridis Terhadap Hak-Hak Atas Tanah Yang Berada Di Atas Hak Pengelolaan Pelabuhan

The role of sea ports in the future will be increasingly important, it is necessary to improve the quality of service (quality of services). According to the rules of the Decree of Directors. (Limited) II No Ports Indonesia. HK.56/1/2/PI.II-2000 dated January 3, 2000 submission of the use of portions of land can be provided with a port HPL Broking and Right to Lease the building. This is contrary to the Regulation of the Minister of Interior No.1 of 1977, in which rights can be given to land management rights are Broking and Right to Use.

Agricultural Land Contract and Management Rights: Transferring Price and Countermeasures in Typical Agricultural Areas of China

Abstract: Henan is a large agricultural province and one of China's major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food security. This is a case study taken in Xiwan village in Qinyang city, Henan. This paper builds a transferring pricing model using land use rights assessment and characteristic correction of land contract and management rights. Results show that the transferring price of land contract and management rights should include the economic price, social price and corrected price. The use of a price model should focus on the distinction of theory and practical application. If there is no change in agricultural project, the actual transferring price should be the sum of the economic price and social security price. If there is a change in agricultural projects, such as cropland into cash crops, the actual transferring price should be the sum of the economic price, social price and corrected price...

Maintaining Indigenous Peoples' Land Use and Management Rights in Kyoto Protocol Clean Development Mechanism Projects

This paper considers whether the stakeholder participation model adopted by the Clean Development Mechanism (CDM) Rules and Modalities and employed by CDM project participants is consistent with consultation obligations expressed in international law. The paper further questions whether regulatory oversight exercised by CDM organs and institutions should be one of substantive review to ensure CDM projects are compliant with international law and maintain the integrity of CDM projects.

Book Review: Indigenous Peoples and Governance Structures: A Comparative Analysis of Land and Resource Management Rights, by Garth Nettheim, Gary D. Meyers and Donna Craig

Book Review: Indigenous Peoples and Governance Structures: A Comparative Analysis of Land and Resource Management Rights, by Garth Nettheim, Gary D. Meyers and Donna Craig

Afterword: Two World Views of Eeyou Family Hunting Territories

The article looks at the origins and the importance for Quebec Eeyou hunters of the recognition of family hunting territories in the Paix des Braves. The testimonies of Eeyou hunters are a rare victory for Indigenous knowledge. In both the 1973 injunction brought by the Cree and Inuit against the Quebec government and the 1999 Mario Lord case, hunters' evidence resulted in favourable judgments for the Eeyou and for the recognition of family hunting territories. Even though both were overturned on appeal, I argue that these judgments led to two out-of court settlements, establishing and solidifying gains for Eeyou hunting and land management rights. These rights not only benefit each Eeyou First Nation collectively, but they also provide for the rights of certain individuals and families. Since the territories cover most of the traditional homeland, they represent renewed Indigenous land rights in lands over which Aboriginal title had previously been extinguished, and may represent a precedent for other Indigenous groups that also have family hunting territories.