从违法建筑登记谈不动产登记审查范围

不动产登记机构在办理转移登记时发现不动产上存在违法建筑,这类情形是否需要审查,能否登记。文章结合案例分析,认为不动产登记是物权公示行为,没有确权功能;无权审查登记原因行为合法性和有效性,不应审查与物权效力无关的内容;不应将属于其他部门行政管理职责且登记人员无力和无权审查的内容列入审查内容;属于产权管理应由出让合同约定的事项不宜作为登记申请审查内容。将法律法规有明确规定且登记人员可以把握的事项作为审查内容,对闲置土地等需要审查但未列入法律法规的应尽量列入法律法规。对于已经被认定为违法建筑的不动产,登记人员应按照相关规定不予办理登记,但不宜主动认定为违法建筑并因此不予办理转移登记。     

A geometric and semantic evaluation of 3D data sourcing methods for land and property information

Urbanisation, the development of high-rise apartments and the advent of complex building structures creates unique challenges that cannot be met by 2D land and property information. These include inter-related titles and complex plans relating to (i) the land parcel and (ii) the building, both internal (indoor plans) and external attributes (roof and façade). Incorporating the third dimension into the land development cycle can potentially address such challenges by providing data that describes both the land parcel and building in 3D. This move towards 3D data administration requires the development of new 3D data processes, including 3D data sourcing, which forms the focus of this research. Following an examination of current 2D methods in land and property information registration, a framework of the requirements for sourcing 3D land and property information is suggested and potential methods are discussed. Focussing on the geometric and semantic components an evaluation of the methods is developed and applied. The results highlight methods based on photogrammetry, laser scanning, mobile mapping, Unmanned Aerial Systems (UAS) and Building Information Modelling (BIM) to source integrated 3D information for both the internal and external attributes of a building and corresponding land parcel.     

Pastoralism within land administration in Kenya—The missing link

In land administration (LA), the right to exercising property/ownership rights on land is based on cadastral processes of adjudication, survey and rights registration. Private ownership rights are now being taken up in pastoral areas, where they must contend with pastoralists’ land rights. Pastoral land use requires seasonal migrations determined by climatic conditions. This study aimed to find out how well the existing land laws and property rights in LA are able to serve the requirements of pastoralists land use, identify mismatches and put forward possible solutions. A case study was carried out in the Samburu–Laikipia–Isiolo–Meru landscape in Kenya. Data on the degree of livestock dependency among pastoralist communities, the spatial extent and patterns of dry season migrations, the resulting encounters between herders’ and non-pastoralist land use actors, and the perceptions of land rights held by actors were collected through a variety of methods and analysed. The results show that pastoralism is still active. The migration corridors reveal that herders maintain extensive dry season mobility, even though some of the corridors currently overlap with areas where land is privately owned by non-pastoralist land use actors. Moreover, the results show that most non-pastoralist land use actors have their land rights registered, but seasonal encounters with migrating pastoralists persist as pastoralists continue to exercise customary rights of communal use. We conclude that existing land laws and property rights in LA are suitable for sedentary land use, but do not address how to serve pastoralists land rights in time and space. The pastoralist's migration routes and patterns obtained indicated that it is possible to predict where pastoralists will be at a given time/drought period. This information could be used by decision makers and land administrators to identify where and when pastoralists’ land rights apply. This could provide the foundation for including pastoralists’ spatiotemporal land rights in LA. Arguments emphasize that adjudication, surveys and registration of rights should focus not only on ownership and full control of land, but also on defined periods when spatiotemporal mobility and access rights could be granted to pastoralists.     

农地确权数据成果汇交管理系统设计与实现

［目的］自2009年中国农村土地承包经营权确权登记颁证工作展开以来,随着部分试点县确权任务的完成,国家对农地确权数据成果提交内容及程序做出了部署。为辅助国家级大数据量农地确权数据成果汇交工作的展开,支撑农地信息平台建设,提高汇交工作效率,科学管理数据,研发了农地确权数据成果汇交管理系统。［方法］文章采用政策规范信息化法,梳理汇交业务流程,形成系统核心功能。该系统基于政策需求和农地大数据应用背景,在地理信息系统支持下,采用浏览器/服务器（B/S）模式实现信息录入、数据管理和分析等。［结果］（1）系统实现了农地确权数据成果汇交信息录入、审核、进度查询,对数据汇交状态进行高效处理等功能。（2）采用人机交互模式,能根据需求按照不同时间、空间区域和指标,挖掘分析汇交业务情况和数据情况。（3）汇交进度、汇交通过率和汇交率能反映区域汇交工作质量。［结论］系统实现了政策性业务的信息化和可视化管理,有效提高了数据汇交工作效率,为开展农地大数据应用提供基础地理信息数据保障,并为各省市自建农地确权数据成果汇交管理系统提供参考。     

Application of LADM for the integration of land and housing information in China: The legal dimension

The integration of land and housing registration is a key opportunity for China: improved land governance is the intended outcome. Prior to the design of any integrated information system, the legal requirements the system must satisfy need to be identified. This paper identifies and reviews the legal requirements for the integration of land and housing information in China. Specifically, the existing legislative framework relating to land, consisting of seven levels of legislation, is interrogated. A collection of legal requirements emerges: these are categorized into themes including registration, maintenance, mortgage, transfer of real estate rights, relevant materials and archives, and preliminary notice. In order to be more applicable for the next design of the Land Administration Domain Model (LADM) country profile for China, these legal requirement are further converted into packages, classes and attributes by referring to the ISO 19152 standard. The existing databases of the Chongqing Municipality are used to support the modelling process. The paper concludes that the legal requirements can be used as a foundation for an integrated system in China.     

中巴资源卫星数据(CBERS-02)在土地调查中的应用

研究目的:以CBERS-02 CCD数据作为土地利用遥感调查信息源开展应用研究。研究方法:对数据质量进行综合分析、方法比较和实证研究。研究结果:(1)通过对CBERS-02 CCD数据经绝对辐射校正和大气订正,图像质量得到较好地改善,各波段能量相对趋于均衡并能客观反映土地覆被真实状况。(2)通过开展标准分幅正射影像图制作及精度评价,显示CCD图像能够满足1∶5万和1∶10万基本比例尺数字影像图制图要求。(3)通过对中巴数据的图像处理、影像分类与信息自动提取方法研究,分类结果均达到了较好的精度要求。研究结论:随着CBERS-02数据质量不断改善,在宏观尺度上,中巴卫星遥感数据在用于土地调查及提高土地管理方面,将会发挥重要作用。     

基于AHP构建中国不动产登记制度的分析

研究目的：构建不动产登记制度可选方案的体系,并评选出适合中国的不动产登记制度与配套方案。研究方法：运用层级分析法（AHP）,借鉴各国或地区的制度经验,构建中国不动产登记制度可选方案的体系,再针对土地、法律专家以及政府土地部门领导专家进行专家问卷调查,求取专家意见的一致性。研究结果：中国应采取土地管理部门统一不动产登记、土地及房屋均采取强制登记、以产权文件作为确保登记无误的关键审核文件、登记机关设立基金赔偿或投保赔偿以及设立土地登记代理人5个方案。研究结论：中国适合采用强制登记、实质审查以及错误赔偿的权利登记制,以及发放权利书状的托伦斯登记制,成为混合登记制;实施时应依序进行土地确权、土地与房屋管理部门整并、建立登记机关赔偿机制以及建立土地登记代理人制度。     

Generic land registry and cadastre data model supporting interoperability based on international standards for Turkey

Managing land information effectively is a key factor in achieving successful land administration and sustainable land development. To manage land, each government has a land policy and administration system. A land administration system (LAS) enables identification, registration and sharing of information about land in compliance with land policies by using information technologies effectively. In this context, land information systems (LISs) are designed to fulfill the requirements related to land, to provide tenure assurance and to manage natural resources sustainably. In Turkey, the necessity of information technologies and geographic information systems (GIS) was recognised by public institutions in the early 1990s. The Land Registry and Cadastre Information System Project (TAKBIS in Turkish) started to manage land registry and cadastre data and processes throughout Turkey. By using a standard framework, the project aimed to digitise land registry and cadastre data and to perform all activities and queries in a digital environment. However, the project did not reach the expected level of success because the data infrastructure was not standardised and did not meet the data requirements of other stakeholders at the national and international level.On the other hand, studies of a new e-government project called Turkish National GIS (TUCBS in Turkish) was initiated to establish a national geographic data infrastructure (GDI) which allows efficient management of geographic data and corresponds to national-level user requirements and Infrastructure for Spatial Information in Europe (INSPIRE) specifications. In this study, to provide data interoperability among different institutions and meet stakeholder needs, the data model of the Land Registry and Cadastre Data Theme is examined and improved. Within the design process, the ISO 19152 Land Administration Domain Model (LADM) and INSPIRE Cadastral Parcels are examined and applied as the baseline international standards. In addition, main land and land group parcel types in the Turkish cadastral system, the main rights, restrictions and responsibilities related to land in the Turkish registration system, mortgages established over rights, cadastral maps, standard subdivision of two-dimensional (2D) space with special names, surveyed point and monumentation types were explained briefly within the revised land registry and cadastre data model. As a case study, data sets from different sources were transformed to open data sets compatible with the model. This model enables data interoperability in land-related applications. However, models should be kept as simple as possible for effective data transformation and management.     

Land Registration and Gender Equality in Ethiopia: How State–Society Relations Influence the Enforcement of Institutional Change

In recent years, the Ethiopian government has introduced reforms to promote gender equality in land rights, including legislative changes and a land registration programme that requires the names of both husbands and wives on certificates. This paper examines implementation of these reforms through a case‐based approach that links national policy processes to analysis of two village‐level case studies, based on fieldwork conducted in 2009–10. In both cases, government initiatives do appear to have enhanced women's land rights to a certain degree. However, the causal process involved is considerably more complex than the direct link between titling and women's land rights that is assumed in much of the existing literature. The cases suggest that government initiatives are contingent upon state–society relations, and that change to informal institutions and power relations within society can constitute an important complement to land registration.     

Determinants of cropland abandonment at the parcel,household and village levels in mountain areas of China: A multi-level analysis

Cropland abandonment accompanying economic development has been observed worldwide. China has experienced a large amount of land abandonment in recent years. However, the reasons for it are not entirely clear. Although abandonment decisions are made by individual households, the underlying conditions reflect processes operating at multiple levels. Therefore, we aimed to detect the influences on land abandonment at the parcel, household and village levels. We developed and employed a multi-level statistical model using farm household survey data and geographical maps of Wulong County. Our model revealed that of the variance in occurrence of land parcel abandonment, 7% and 13% can be explained at the household and village levels, respectively, while the remnant 80% can be explained at the land parcel features itself. We found that land abandonment is more prone to occur on parcels that are on steep slopes, have poor quality soil, or are remote from the laborers’ residences. Households with less agricultural labor per unit land area showed a high probability of land abandonment. We also found a nonlinear influence of labor age on land abandonment, with households comprising middle-aged laborers having a low land abandonment probability. Parcels in villages with high elevation, far from the county administrative center or with low prevalence of leased land are inclined to abandonment. We also found, surprisingly, that the household proportion of males among its agricultural laborers did not significantly influence the occurrence of land abandonment at the parcel level, probably due to the male agricultural laborers being overwhelmingly old (average age greater than 56 years). To alleviate land abandonment, we suggest improving land tenure and transfer security to ensure stable access to the land rental market, and also improving infrastructure in remote regions.     

基于GIS和工作流的土地登记系统设计

土地登记是一项行政审批业务,具有工作流的特征,也需要GIS的空间支持.为了实现在工作流驱动下的“带图审批”土地登记职能,通过分析当前土地登记系统建设情况,结合土地登记业务的特点,从GIS功能和工作流的角度,提出两者相结合的土地登记系统设计思路.并详细探讨了系统的主要功能模块,为实现国土资源规范透明的协同办公和高效的社会服务体系提供了参考.     

Urban land administration and planning in China: Opportunities and constraints of spatial data models

China's economic reforms over the past decades have given rise to the development of a rudimentary urban land market. Although one cannot speak of a land “market” in the strict sense of the word, there is an urban land allocation system in which land lease rights can be acquired through the payment of a land-use fee. If the urban land market is to develop in a sustainable manner, new credible institutions need to be established that can safeguard greater legal security and transparency. For these purposes, it is necessary to establish a management system that can support the legal (tenure security), economic (leases, taxes) and broader aspects (spatial and environmental land use policies) of land administration. To make an urban land administration system socially credible and functional, land-related information should be registered and structured at a detailed spatial level, such as parcels. There is no parcel-based information system in China, but the country has developed a population registration system at a detailed spatial level that could be a starting point to develop integrated information systems, or a so-called “local spatial data infrastructure”. This paper reviews China's population registration system and their spatial units and presents a proposal for an information system that can be expanded or adapted to meet the requirements of an effective land administration system.     

Demand for second-stage land certification in Ethiopia: Evidence from household panel data

Ethiopia has implemented one of the largest, fastest and least expensive land registration and certification reforms in Africa. While there is evidence that this ‘first-stage’ land registration has had positive effects in terms of increased investment, land productivity and land rental market activities, the government is now piloting another round of land registration and certification that involves technically advanced land survey methods and computer registration. This ‘second-stage’ land registration differs from the registration system employed in the first round that used field markings in conjunction with neighbors’ recollections to identify plot borders. We use panel data from 600 households in southern Ethiopia to investigate household perceptions of and demand for such a new registration and certification. Our study revealed relatively low demand and willingness-to-pay (WTP) for second-stage certificates. The WTP also decreases significantly from 2007 to 2012. Our findings indicate that farmers do not believe that the second-stage certificate enhances tenure security relative to the first-stage certificate except in instances in which first-stage certification was poorly implemented. The demand for second-stage certificates appears to come primarily from governmental authorities, as it can provide a better basis for land administration and produce accessible public documentation of land-related affairs.     

基于WebGIS的市县级建设用地审批系统的设计与实现

以江苏省国土资源厅电子政务建设项目为依托,通过对市、县级建设用地审批中的若干现代技术应用的研究,采用计算机网络技术和GIS技术相结合的手段,以泰州市建设用地审查报批系统为例,建立基于WebGIS三层网络结构的建设用地审查报批系统,实现对建设用地审批管理实行网络化、图文无缝集成的信息化管理,为建立科学、合理的建设用地审批机制提供了有效的技术保障.     

农村集体经济组织成员的资格要件——基于公有制下生产、生活资料公平分配的视角

目前学界对农村集体经济组织成员资格要件的界定,忽视了我国宪法区分生产资料和生活资料的目的 .计划经济时代下的城乡二元结构体制,将"户籍"作为成员资格要件具有合理性,但在实行城乡一体化和乡村振兴的大背景下,依然以"户籍"作为成员资格要件已不合时宜.为平衡进城农民和留在农村的农民之间的利益冲突,应当将"户籍"从资格要件中剥...     

河南省温县吨粮田高标准基本农田选址研究

研究旨在提出符合集中连片、设施配套、高产稳产、生态良好等要求的吨粮田高标准基本农田选址思路,完善高标准基本农田建设理论体系,对高标准基本农田建设具有重要意义。文章以河南温县为例,运用GIS空间分析法,基于农用地分等和土地质量地球化学评估两项不同角度的评价成果进行吨粮田耕地质量优势分析。从自然禀赋、基础条件、区域条件3个角度进行吨粮田高标准基本农田选址影响因素分析,并以此建立选址指标体系和进行综合质量评价后按照由优到劣,可实现增产潜力空间由大到小的原则,提出吨粮田高标准基本农田选址思路。结果表明:温县选定5 713.3hm2连片的优质耕地建成旱涝保收、生态良好的高标准基本农田建设示范区,保守估计可增加7.16万t可实现产能,为区域粮食安全提供了重要保障。     

Securing land and property rights in sub-Saharan Africa: The role of local institutions

Central governments have neither the capacity nor the local knowledge to implement a just, large-scale national land registration system. Support to local institutions to undertake intermediate forms of land registration has been shown to be far more effective in many places—although these need careful checks on abuses by powerful local (and external) interests, measures to limit disputes (too many of which can overwhelm any institution) and measures to ensure that the needs of those with the least power – typically women, migrants, tenants and pastoralists – are given due weight. These locally grounded systems can also provide the foundation for more formal registration systems, as needs and government capacities develop. Even if there are the funds and the institutional capacity to provide formal land title registration to everyone in ways that are fair and that recognize local diversity and complexity, and could manage disputes, this may often not be needed. For the vast majority of people, cheaper, simpler, locally grounded systems of rights registration can better meet their needs for secure tenure.     

陆良县农用地分等数据库与二调数据库整合方法研究

研究目的：探索县级农用地分等数据库与第二次土地调查数据库快速衔接的技术问题及其解决方法,为耕地质量等级成果补充完善更新工作提供借鉴和参考。研究方法：GIS空间分析、项目调查、结果对比分析等方法。研究结果：研究得出的农用地分等数据库与二调数据库整合的方法为：区别对待耕地质量非突变区和突变区,非突变区采用属性传递实现分等数据库中耕地质量等级信息与二调数据库中耕地图斑的有效挂接;突变区进行耕地质量重新评定。研究以陆良县为例验证了此方法,验证结果显示,数据库整合前后,陆良县县域耕地质量等别比例和耕地质量空间分布规律相对稳定。研究结论：这是一种既能保持对原分等成果的继承性,又能保持分等成果现势性的数据库整合的方法。该方法可应用于云南省129个县（市、区）耕地质量等级成果补充完善工作,以此方法获得的与二调时点相一致的分等成果可作为后期分等成果年度更新的本底数据。     

Land use scenario development as a tool for watershed management within the Rio Mannu Basin

The Rio Mannu River Basin (Sardinia, Italy) is undergoing a process of agricultural intensification. Like many Mediterranean areas, this basin is characterized by water shortages and diffuse pollution from agricultural sources. Hence the objective of this study was to develop possible land use and land management scenarios that could constitute an alternative to the current watershed management. Several land use and land management scenarios were formulated and analyzed with local stakeholders, and two were selected and simulated as realistic in consideration of the socio-economical aspects of the study area. Scenario 1 involves agricultural practices that include a reduction in fertilizer use to meet the Water Framework Directive requirements for “good” status of water bodies. Scenario 2 introduces rapeseed cultivation, replacing durum wheat in a small area, to investigate the impact of biofuel plant cultivation on water quality. Each option was assessed by considering the effects on water quality, crop yields and economic benefits. The Soil and Water Assessment Tool (SWAT) model was applied to simulate hydrological processes and evaluate current and future nutrient loads. This model requires adequate streamflow data for calibration and validation. However, as is the case for many Mediterranean basins, insufficient data were available. Therefore, a methodology was developed and tested to calibrate hydrological processes based on the transposition of a parameter set from a gauged catchment located in the same region. This study suggests that a sound use of fertilizers could substantially reduce the amount of nutrients flowing into surface waters, although the effects of such a policy on crop yield and farm income would be negative in some cases. Moreover, the results clearly predict that the replacement of durum wheat with rapeseed (a biofuel crop), could offer a margin of profit, but would have a negative impact on water quality due to increased nutrient losses. Consequently, this option is unsuitable for this area. Furthermore, it can be inferred from these results that the promotion of the use of energy from renewable sources may have a negative impact on the objectives of the EU Water Framework Directive. Clearly, this process needs to be regulated, taking into account environmental and socio-economical aspects.     

土地利用规划中人口预测模型的比较研究

研究目的:研究土地利用规划中几种常用人口预测模型的特点和适用条件,为土地利用总体规划编制工作服务.研究方法:统计分析法和对比分析法.研究结果:利用人口历史统计数据建立预测模型,分时段进行预测,并与实际观察值比较,得出预测误差的大小,通过预测误差大小的分析比较,总结了各种预测模型的特性与适用条件.研究结论:一元线性回归法适用于数据直线趋势较明显的预测;历史数据较少时,可用指数平滑和移动平均数法;数据情况复杂时可采用GM(1,1)模型法;自然增长率等资料准确可靠时可采用人口自然增长法或马尔萨斯法;宋健模型法用于短期预测的精度较高;土地规划中人口预测应多种预测方法综合运用.