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农民土地权益流失与保护研究:基于中国经济发展进程

ISBN:978-7-5161-3720-8

出版日期:2013-12

页数:581

字数:608.0千字

点击量:9525次

定价:90.00元

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基金信息: 本书获得国家社科基金项目“中国经济发展进程中农民土地权益流失与保护的实证研究与理论思考”(07BJY092)和国家科技部软科学研究计划项目“集体建设用地利用现状及政策选择——以福建为例”(2012GXS4D087)资助 展开

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The problem of farmers’land rights and interests in the process of economic development is an old and serious one.As a process of economic development theremust be stages of developmentand stage characteristics.Now China is undergoing an intermediate period of industrialization.Its characteristic is rapid growth of economy driven by industrialization and urbanization.It is very important that the development stage of industrialization and urbanization is based on constant non-agriculturalization of farmland.In another word,a lot of land is needed in the expansion of cities and industry.At the same time,agricultural land change into construction land will increase itsmarket price and produce large profit.In the condition that the distribution of land value-added benefits can not be defined effectively by the property right,the competition for the benefits will become more intense.In this process,the problem of farmers’land rights and interestswill become rather serious.But the problem in China will becomemore serious because of some special development background.For example:the collective ownership,which is highly controlled by the state and has incomplete property rights,is implemented.The institution arrangement with different treatments to the urban and rural residents is implemented,a large number of rural surplus labor forces can not be transferred effectively with the development of economy,so that too much agricultural population is gathered on the limited land resources,the agricultural land is not only the living security of farmers,but also employment security and social security.China choose the pattern of gradual reform,developing socialistmarket economy based on the institution with the public ownership as the major section,this is a new exploration and there is no ready-mademode and experience can be used for reference.The efficiency of resource allocation in market economy is based on the clear property rights,however,the property boundary among themembers of public ownership is blurry,as a result,many contradictions are produced.In the special background of the reform and development with Chinese characteristics,there are many challenges ahead of us.What situation will the farmers’land rights and interests suffer in China?How to protect the farmers’land rights and interests?More attention should be paid to explore the answers in the practice and theory.The problem of farmers’land rights and interests is always themost sensitive and sharpest in the process of economy development.And it ismore in China.Because of limited per capita of land resources,the allocation of land resource is not only themain reliance of the rural population occupied 56%of the population,butalso the important safeguard for the national food security.It also relates to the interest allocation of interest groups,the sustainable development and the social stability.At the same time,it is a test of the wisdom of the government.Essentially,the problem of farmers’land rights and interests is the same problem of the allocation of the property rights of land resources.After all it is the same problem of land property rights institution.Institution is not only an important factor that affects economic development,but also a product of the process of economic development.An institution compatible with the process of economic development can promote economy.On the contrary,an unreasonable institution always holds back the economic development.The institutional origin of the problem of farmers’land rights and interests in the process of economic development is taken as an entry point in our research.Our research is divided into four parts.The first part:the farmers’land rights and interests in the evolution of institution and the interpretation and analysis of the of property rights economics.Firstly,we summarize the farmers’land rights and interests according to the policies and laws since 1949 and the corresponding process of evolution in practice in China.Based on the summary,we analyze the development of farmers’land rights and interests in the policies and laws.We also analyze its char-acteristics and trends after Reform and Opening Up.And then,we analyze the characteristics and trends of farmers’land rights and interests separately in the circulation of contracted farmland,land expropriation and the allocation of collective construction land more specifically.Secondly,we analyze the connotation of farmers’land rights and interests in current institution in the view of Property Rights Economics,generalize the theory of Property Rights Economics and the concept of farmland property rights institution.And we also analyze the connotation and development of collective ownership of rural land with Chinese characteristics,analyze the central role of the formation and developmentof the contractual rights of agricultural land in the connotation evolution of collective ownership of rural land.The second part:The analysis of farmers’land rights and interests—Institutional barriers and practice development.In this part,according to the features and actual situations of agricultural land institution,we divide and analyse the farmers’land rights and interests in reality into three parts theoretically:farmers’land rights and interests in the aspects of farm land use,land expropriation and the allocation of collective construction land.Firstly,in the aspect of agricultural use of farmland,we analyze the development,the features,transaction modes of the contractual rights of agricultural land,and the origin of the problem of farmers’land rights and interests,around the connotation evolution of the contractual rights of agricultural land.Secondly,in the aspect of land expropriation,we analyze the evolution and feature,the efficiency of resource allocation and the situation of farmers’land rights and interests under the land expropriation institution in China,around the efficiency,the feature and the international experience of land expropriation institution.And then,we introduce the international experience of reasonable land expropriation compensation and due procedures of law.We also summarize the arguments of Chinese senior scholars about land expropriation compensation.Furthermore,we analyze the origin of the institution of the loss of farmers’land rights and interests and the economics basis for reasonable land expropriation compensation.Thirdly,around the allocation efficiency of collective construction land,we analyze the institution and economic origin of large number collective construction land producing,the dynamic mechanism and the institution resistance and the farmers’land property rights and interests of the allocation of collective construction land bymarket,introduce the developmentof the spontaneousmarketof collective construction land,analyze the formation and feature of rural homestead,and the institution obstruction and farmers’land property rights and interests in the allocation of rural homestead.The third part:the experience and reference of the protection of farmers’land rights and interests in the process of economic development ofmajor countries and regions.Although the process of economic development in china has its own characteristics and particularity,the law of optimal allocation of land resources is an objective reality.The advanced institution promoting the optimal allocation is an accumulation of human wisdom and a shareable treasure.The research for protecting farmers’land rights and interests in the process of economic development in China,and improving the allocation efficiency of land resources can not be conducted without any understanding about international experience and advanced institution.In this part,we mainly introduce some international experiences in some representative countries with certain differences about how to protect farmers’land rights and interests in the allocation of land resources.We expect to reveal some universal laws and gain some experiences for reference for our reform of rural land institution.And then,we highlight the experience of protecting farmers’land rights and interests in Taiwan.As a partof Chinese nation,Taiwan is inheriting the same culture and farming civilization.After 1949,mainland China and Taiwan chose different agricultural land institution and economic system.There are a lot of experiences and lessons that can be shared through the sixty years’development.The forth part:economics analysis and policy recommendations for farmers’land rights and interests.Firstly,we analyze farmers’land rights and interests in the process of eco-nomic development in China by establishing mathematicalmodel based on the principle of fairness and efficiency.In themathematicalmodel,land rights and interests has been divided into various combinations.Furthermore,we analyze different combinations of farmers’land rights and interests they deserve in different period,the basis for the farmers have combinations of land rights and interests and how to endow the farmers land rights and interests gradually,so as to give farmers complete land property rights and its income and to realize the social justice and economic efficiency ultimately.Secondly,we analyze a field investigation of Fujian province and describe the generality and particularity of farmers’land rights and interests in the process of economic development in Fujian.Then base on the case above,we generalize the overall condition and the common characteristics of farmers’land rights and interests in the process of economic development in China.At last,we use the statistical investigation and analysis to test the problem we havementioned in the above chapters.

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GB/T 7714-2015 格式引文
林卿.农民土地权益流失与保护研究:基于中国经济发展进程[M].北京:中国社会科学出版社,2013
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MLA 格式引文
林卿.农民土地权益流失与保护研究:基于中国经济发展进程.北京,中国社会科学出版社:2013E-book.
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APA 格式引文
林卿(2013).农民土地权益流失与保护研究:基于中国经济发展进程.北京:中国社会科学出版社
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