我国自然保护区土地权属法律制度及其存在的主要问题

我国现有法律法规中的自然保护区土地权属法律制度,片面强调自然保护的一面,而漠视了土地经济功能的发挥和自然保护区土地的财产属性。政府因财政负担能力有限,将土地经营管理权授予自然保护区管理机构,意味着自然保护区管理机构可以利用行政管理权、土地经营权集于一身的便利,追逐土地利益。法律所追求的自然保护目标难以实现,而自然保护区土地利益并未服务于解决社区贫困问题,造成了社区与政府之间长期的利益冲突。     

Using participatory mapping and a participatory geographic information system in pastoral land use investigation: Impacts of rangeland policy in Botswana

Since the 1980s, the spatial extent of communal grazing lands in Botswana has been diminishing due to rangeland privatisation and fencing associated with animal health policies. Spatial comparisons of pastoral land use transformations are particularly important where accessibility to grazing and water resources remains at the core of sustainable pastoralism policies. Achieving success in pastoral development research requires a sound understanding of traditional pastoralists’ information systems, including the nature of local spatial knowledge. This study explores local spatial knowledge through participatory mapping and a Participatory Geographic Information System to understand and analyse pastoralists’ grazing patterns, spatial mobility and the impacts of subdivisions and privatisation policies in Botswana’s Ngamiland rangelands. The study uses focus group discussions, historical analysis through key informant interviews, and participatory mapping exercises along with community guided transect walks. The resulting maps provide insights into the traditional tenure patterns of land use and the impacts of rangeland policy on traditional livestock spatial mobility and access to grazing lands. Privatisation and rangeland enclosures have resulted in the restricted movement of livestock and overstocking of floodplains and riparian rangelands, with some natural water pans becoming inaccessible to local communities. We conclude that the integration of local spatial knowledge can be used to foster better articulation and understanding of pastoralists’ tenures, which are often lacking in communal land administration systems. Such integrated analysis can contribute to sustainable pastoral land management policy toolkits in semi-arid rangeland environments and enable better land tenure and management decision making for sustainable land management.     

Registration and release of customary-land for private enterprise: Lessons from Papua New Guinea

Land held under customary tenure has proven difficult to register and release for private enterprise globally. This is because the costs of developing secure rights to land held under communal ownership is high given that such ownership rules out a ‘pay-to-use-the-property’ system while punitive negotiation and policing costs make a ‘pay-him-not-to-use-the-property’ system ineffective (Demsetz, 1967, p. 355). Here I document reforms to institutions governing access to land held under customary title in Papua New Guinea that has imbedded collective ownership whilst allowing for a ‘pay-to-use-the-land’ for private enterprise. Reforms put in place over the past decade have allowed for voluntary incorporation of landowning clans, the registration of their land, and the leasing of this land for up to 99 years. The ongoing reforms provide lessons both for Papua New Guinea and for others wrestling with the challenges of making available land held by customary groups for individual enterprise.     

我国自然保护区土地权属立法中的几个问题

结合保护对象的特点和自然保护区土地分区管理措施、少数民族使用公共土地的习惯权利、社区共同管理等国外立法经验,提出了自然保护区土地权属立法建议:确立自然保护区土地权属立法的指导思想;设立或者指定专门的机构来科学确定全国自然保护区的土地面积,划分土地类型,并对每一个自然保护区作出详细的土地利用规划;建立公共利益、集体利益与私人利益之间的生态保护对价关系,使三种土地利益在法律上获得平等保护;确保自然保护区内农民的生存权不受到侵犯。     

The evolution and resilience of community-based land tenure in rural Mexico

This paper examines the evolution of ejido tenure in Mexico since the 1992 constitutional and legal reforms in that country. Prior to the Mexican Revolution, communal tenure had all but disappeared, but since 1920 community-based tenure re-emerged to become the dominant tenure form in Mexico. The paper investigates ejido land tenure through an examination of ejido governance structures and the tenure rules relating to the acquisition, transfer and extinction of land and resource rights. It draws on community-level research and numerous published case studies, relevant laws, and on data describing the status of ejidos countrywide. This reveals a diverse set of practices, which in many instances depart from the rules as defined in the Agrarian Law and even in internal community regulations. Land tenure plays a critical mediating role in the inter-relationship between humans and the environment. Using the framework of resilience I examine the persistence of ejido tenure and its dynamics in the aftermath of major land policy and legal reforms. Three major ‘shocks’ are identified which are seriously challenging the resilience of ejidos. These are the 1992 legal reforms, NAFTA and the resulting out-migration from rural Mexico, and urbanization. I conclude that ejidos have generally been resilient enough to accommodate the 1992 reforms, but problems with cross-generational transfers that stem in part from labor migration, and urbanization have set ejidos on a course that could ultimately overcome all but the most resilient communities.     

2019年土地科学研究重点进展评述及2020年展望——土地管理分报告

研究目的：归纳分析2019年国内外土地管理领域研究进展，展望研究趋势。研究方法：文献研究法。研究结果：2019年，国内土地管理问题研究涉及基本理论、制度变迁及土地管理体制、制度、政策和法律等方面，关注实践中的新情况、新问题；国外土地管理研究偏向关注土地问题尖锐的发展中国家和第三世界国家；土地管理体制、制度、法律、权籍与利用问题是国内外共性研究内容。研究结论：2019年土地管理研究紧扣理论与实践问题，在探索土地管理体制与实施机制方面取得了进展，但仍需加强方法创新与土地管理科学规律凝练；2020年将重点关注土地治理体系改善、土地计划管理方式改革、农村土地制度改革、城乡土地统一市场、国家重大区域战略实施中的土地管理问题、自然资源资产产权制度改革、自然资源统一确权登记、耕地保护转型、自然保护地管理、国土空间规划管理、土地市场管理与产业用地政策创新等议题。     

2018年土地科学研究重点进展评述及2019年展望

研究目的：总结2018年国内外土地科学研究的重点进展，展望2019年中国土地科学的发展趋势以及《中国土地科学》重点关注方向。研究方法：文献调研法。研究结果：（1）土地经济领域重点关注城乡土地价格与农地流转影响因素、土地市场化改革与政府行为、土地产权制度变迁与征地冲突等；（2）土地管理领域研究热点主要围绕自然资源管理体制改革、农村土地制度改革与土地法律完善、土地权籍与耕地保护管理等实践问题；（3）土地资源、利用与规划领域研究以探索土地资源资产负债表编制、重视土地生态状况评估、深化土地利用视角下的碳排放研究、创新土地利用模式、探讨国土空间规划体系构建及村级规划为热点；（4）土地工程与技术领域在农地综合整治、复垦技术革新、土地污染修复方法等方面研究逐渐深入，土地信息采集、处理技术不断完善。研究结论：2019年，《中国土地科学》将重点关注国家战略实施下的土地制度改革与土地利用转型、自然资源统一管理下的空间治理体系构建、生态文明建设背景下的土地资源系统科学、信息通讯技术驱动下的土地资源智能管控等研究问题及相关选题方向。     

亚洲林业产权现状研究与分析

通过对国内外有关亚洲林业产权文献的回顾,对亚洲林业现状、林业产权的基本概念及亚洲林业产权进展情况进行了梳理与评述,在此基础上,从不同产权类型对森林资源的影响、产权的制约因素和产权制度变迁三个方面探讨了亚洲林业产权未来的发展趋势及前景。最后,建议我国今后在实施林权制度改革时应注意:加强授予权利的支持力度;加强林主的能力建设;提供充足的机构支持;分步实施改革。     

An assessment of the implications of alternative scales of communal land tenure formalization in pastoral systems

Pastoralism faces diverse challenges, that include, among others, land tenure insecurity, that has necessitated the need to formalize land rights. Some governments have started regularizing rights for privately owned land, but this is complex to implement in pastoral areas where resources are used and managed collectively. Our aim was to assess how the scale of communal land tenure recognition in pastoralist systems may affect tradeoffs among objectives such as tenure security, flexibility, mobility, and reduction of conflicts. We used a participatory scenario-building approach to investigate alternative scenarios of land tenure recognition in southern Ethiopia where a new communal land tenure system is in the early stages of implementation. Through key informant interviews, focus group discussions, and a workshop, respondents analyzed the likely outcomes of communal land tenure recognition at different scales. Our findings suggest that there is a good chance of success when the tenure policy is embedded onto customary structures. All scales have some shortcomings, but Reera seems best, yet pastoralists preferred the Dheeda which despite its challenges, is the best for maintaining flexible mobility. There are multiple uncertainties and complexities, which suggest the for multi-pronged approaches and various support mechanisms when implementing a formal land tenure system in these areas.     

Land Tenure and Tenure Regimes in Mexico: An Overview

This article provides an overview of the evolution of land tenure and tenure regimes in rural Mexico from colonial times to the present. It shows how, by the late nineteenth century, the dual system of indigenous communal tenure and Spanish and criollo landholdings was undermined by liberal legislation that sought to privatize community lands. This resulted in a process of disappropriation and concentration of land in a few hands, which created the setting for rural upheaval during the Mexican revolution and for the subsequent redistributive land reform and the creation of a 'social sector' consisting of ejidos and agrarian communities. By the 1960s, however, the reform sector began to enter into crisis. A reform of the Constitution and new agrarian legislation of 1992 opened the way to privatization of land in the social sector, expecting that this would dynamize production. It is shown that this has not been the case. In a context of globalization and asymmetric free-trade relations the crisis has only deepened.     

The Closing Frontier: Agrarian Change, Immigrants and the 'Squatter Menace' in Gokwe, 1980-1990s

‘Squatting’ in the communal areas of Zimbabwe has been largely ignored in the literature because it is assumed that it does not exist in a ‘communal’ land tenure system. This article argues that ‘squatting’ in Gokwe villages has become a common strategy by landless immigrants to access land. Gokwe has been a frontier region for many immigrants in search of land since the 1950s with intense pressure on land by the 1990s. As the frontier closed, the question of citizenship in Gokwe villages became more signi?cant than ever before. Those who are not formally registered as residents are de?ned by local government authorities and established villagers as ‘squatters’ who should be evicted. The article traces how local authorities and established villagers have responded to what they perceive as the ‘squatter menace’. It further examines the means used by ‘squatters’ to lay claims to land and to defend those claims in Gokwe villages.     

Diverse local regulatory responses to a new forestry regime in forest communities in the Bolivian Amazon

Over the last decade, important land and forest governance reforms have taken place in many tropical countries, including the devolution of ownership rights over land and forests, decentralization that created mechanisms for forest dwellers to participate in decision making in lowest tiers of governments. These reforms have resulted in an intensive academic debate on governance and management of forests and how actors should be involved. An important but understudied element in this debate is the ways in which communities cope with new legislation and responsibilities. Property rights bestowed by the government leave many aspects undecided and require that local forest users devise principles of access and allocation and establish authority to control those processes. We studied 16 communities in the northern Bolivian Amazon to evaluate how forest communities develop and control local rules for resource access and use. We found that the first requirement to community rule design, enforcement, and effective forest management is the opportunity to, and equity of, access to forest resources among members. Under the newly imposed forestry regulations, communities took matters in their own hands and designed more specific rules, rights and obligations of how community members could and should use economically important resources. The cases suggest that communities hold and maintain capacity to prepare their own ownership arrangements and related rules, even if they are strongly conditioned by the regulatory reforms. Very specific local histories, that may differ from community to community, influence strongly how specific ideas are being shaped, which in northern Bolivia resulted in notable local differences. The results suggest that new regulatory regimes should create appropriate conditions for communities to define adequate or at least convenient forestry institutions that assure an acceptable level of collective coexistence according to each particular communal history.     

Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub‐Saharan Africa

Contemporary discourse on land in Africa is polarized between advocates of tenure reform through state registration of individual titles to land and others who claim that customary or 'communal' tenure is the only check against landlessness among the poor in the African countryside, and that 'pro-poor' land policy should therefore strengthen customary rights to land. This paper draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market 'ideal type' communal tenure model that has historically dominated policy thinking in Africa, and continues to be shared by both sides of the current land tenure reform debate. The paper argues that recognition of the specific characteristics of 'vernacular land markets'– commoditized transfers of land within the framework of customary tenure – is essential if state land policies are to succeed in promoting the interests of the poor.     

Tenure,land rights,and farmer investment incentives in China

The goal of this paper is to understand the nature of the property rights associated with China's land tenure systems and to study the impact of these property rights on agricultural production efficiency. The results show that land tenure and associated property rights in rural China affect the production behavior of farmers. The most robust finding is that the right to use land for long periods of time encourages the use of land-saving investments. While the results show that land tenure affects agricultural production decisions, the difference between collective and private plots, however, is small compared to the private plot - communal productivity gap that existed in the pre-reform period.     

土地利用国家干预的若干理论问题

研究目的:阐明土地利用国家干预的理论依据,为选择合理的干预方式、手段和力度提供理论支持,澄清关于土地宏观调控和微观规制的错误认识。研究方法:比较借鉴,逻辑演绎,实证分析。研究结果:土地利用国家干预的理论渊源包括经济学关于市场经济条件下“市场失灵”和“政府失灵”的理论,以及政治学、社会学关于个体失律、社会失范和价值目标的相关理论;土地利用国家干预具有坚实的合法性基础,也有其局限性;土地利用国家干预应包括宏观调控和微观规制两种方式,二者都是不可或缺的制度安排。研究结论:应当结合国家干预理论、土地特性和中国国情选择土地利用国家干预的方式和手段。     

Free in the mountains or home in the vineyard: Institutional changes in agriculture and negotiating between contract farm labour and valuable fungi collection in Tibet

This paper evaluates how Tibetan farming communities choose between two methods of livelihood production: working as labourers on vineyard land they have leased to a French winery or collecting valuable fungi. I argue new transnational land and labour management, as part of institutional rearrangements in land tenure, are leading to significant changes with mixed benefits for rural farming communities. These communities respond by seasonally seeking freedom from capitalist labour and returning to communal forms of income production based around community land tenure and common‐pool resources. Although villagers have become contracted labour, they choose to escape this new agricultural work in the mountains, collecting fungi together as a community. The common‐pool land on which fungi are collected is also managed for access in a specific way by and for the community. Contrary to agricultural labour for the winery, fungi collection creates a chance for people to interact once again more as a cohesive community as they once did in their fields by collecting a commodity from land controlled by the community. The disembedding of one section of the economy has thus in a way reinforced the embeddedness of social relations in another as a coping mechanism for the former.     

A communities Eden – grazing Exclosure success in Ethiopia

The traditional significance of livestock to rural communities in Ethiopia has resulted in intense pressures on available grazing areas, resulting in vegetation loss, reduced infiltration and increased runoff, greater erosion and land degradation. Unfortunately, the uptake of sustainable land management (SLM) practices in communal grazing land is constrained by a lack of land tenure security. Recently the International Fund for Agricultural Development, working with the Government of Ethiopia, has invested in the capacity of local administrations, to improve land demarcation and the issuance of both individual and community land certificates. This is concurrent with the promotion of improved SLM, particularly zero grazing of communal lands, known by communities as Exclosures. This pilot study reports the biophysical changes observed in four different Exclosures in the Amhara region compared to adjacent communal lands. Irrespective of age, it was found that vegetative cover, biodiversity levels and infiltration rates, all increased in Exclosures, enhancing ecosystem services and function. Results suggest that Exclosures are most effective for large sites with effective cut and carry forage systems. It is evident that the issuance of land titles increases the adoption of SLM practices. Further studies are required to assess the economic and social impacts of Exclosures.     

Using a Delphi approach to identify the most efficacious interventions to improve Indonesia’s forest and land governance

Improvements to forest and land governance are key to addressing deforestation and degradation of peatlands in Indonesia. While this is a priority area, the steps to achieving good forest and land governance have been under-researched. There is a need for better links between theoretically informed academic analysis and work in the field. This study drew together a panel of experts on forest and land governance using a Delphi method to discuss the underlying drivers of deforestation and peatland degradation, and correspondingly, to identify interventions to improve land and forest governance in Indonesia. Seventeen panelists with an average of more than 12 years’ experience reached agreement over four governance interventions: increasing the capacity of local communities to manage and monitor forests and natural resources (65% of panelist’s votes); identify strengths and weaknesses of community organisations and institutions, and develop strategies to improve their performance (65% of panelist’s votes); gazetting forests to clarify land boundaries and determine which areas should be village, community and state forest zone (59% of panelist’s votes); and, integrating participatory community maps into spatial plans to protect local communities and indigenous peoples’ development needs (53% of panelist’s votes). They also supported action research involving the government, private sector and communities, and political economy approaches to researching forest and land governance issues. Panelists indicated that community level approaches such as securing community forest tenure through clarifying land claims and integrating local land tenure into spatial planning had an important role in sustainable forest management.     

从资源管理到资产经营——论我国城市土地管理模式的转变

“经营土地”是城市治理市场化条件下政府加强土地资产管理的新理念,其实质就是要运用市场经济手段,对土地资产实行市场化运作,实现土地资源的优化配置,从而实现土地资产的价值。从资源管理型转变为资产经营型,这是我国城市土地管理改革的必然选择与现实取向。     

土地市场发展过程中政府行为规范问题探究

政府行政行为不规范、违法违规批地等行为的发生不仅扰乱了正常的市场秩序,同时影响了市场配置土地资源的基础性作用的发挥.因此,必须从建立公开透明的土地市场、界定政府的行政空间和职能范围、提高行政行为的透明度、加大土地违法行为的查处力度等方面入手,规范政府行政行为,促进土地市场的健康发展.