集体土地他项权利征收补偿制度研究

研究目的:实现集体土地他项权利征收补偿的法律制度化。研究方法:文献研究法,规范—实证分析法。研究结果:目前,中国集体土地他项权利征收补偿制度是残缺不全的,未能正确反映集体土地他项权利征收补偿中的权利与义务关系的一致性。集体土地他项权利不仅具有对世性的物权效力,而且具有独立的经济价值,在世界许多国家或者地区法中,不动产他项权利都被普遍地纳入了征收补偿的权利范畴。研究结论:有必要在有关规范性文件的制定与修改中,从登记条件要求、实体性制度和程序性制度三方面,建立健全集体土地他项权利征收补偿的法律制度。     

海域征收补偿制度研究

目前,我国海域征收及其补偿尚没有一个成熟的办法,相关法律制度还远没有建立起来.如何构建我国海域征收补偿法律制度已成为当前关注的热点问题.研究国内外征收补偿制度和我国土地征收补偿的理论与实践,明确海域征收和公共利益的内涵,明确公平合理补偿标准,完善纠纷解决机制,建立海域价值评估和分等定级制度,应成为我们构建海域征用补偿法律制度的基本内容.     

我国物权法中征收征用制度之理解与评析

《物权法》共有八个条文对征收征用制度予以规定,这些规定对完善我国征收征用制度具有重要意义:(1)首次以民事基本法的形式强调征收原因限于公共利益目的;(2)首次以法律形式确立了征收集体土地时"保障被征地农民生活"的补偿原则;(3)首次对"征收"、"征用"制度予以明确区分;(4)明确了征收个人住宅的补偿原则;(5)首次单独规定了对所有权人之外的关系人的补偿。这些规定为今后制定专门的征收征用法提供了原则性的依据。但《物权法》关于征收征用制度的部分规定也存在一些值得商榷之处,如征收的标的、拆迁补偿的含义和范围等,应通过法律解释或适用予以矫正。     

关于《国有土地上房屋征收与补偿条例（征求意见稿）》的几点思考

研究目的：通过对公共利益界定、征收补偿和征收程序3方面内容的分析,为《国有土地上房屋征收与补偿条例（征求意见稿）》的修订完善提供有益借鉴。研究方法：比较研究法,个案研究法。研究结果：房屋征收体现的并不是简单的公私利益冲突问题,条文列举的公共利益类型并不一定就代表公共利益;公平补偿仍将是房屋征收补偿的努力目标;公众参与程序设计存在缺陷。研究结论：《国有土地上房屋征收与补偿条例（征求意见稿）》在一些直接影响房屋征收法律制度本质的关键环节上实现了突破。     

实行市价补偿改革土地征收补偿制度

一、我国现行土地征收补偿制度的法律规定及其制度缺陷。我国现行土地征收补偿制度的主要内容是：征收土地的补偿费是由土地补偿费、劳动力安置补助费、地上附着物及青苗补偿费等组成。我国现行土地征收补偿制度存在的主要问题是：第一,土地补偿费是按农地收益来计算,并没有反映农地转为非农地的预期土地收益,单纯以被征收土地年均产值为依据来确定和计算补偿安置标准的方法不科学。     

农村集体土地征收法律问题研究

农村集体土地征收制度关乎我国耕地保护和农村的和谐稳定大局,造成现在农村土地征收中出现一系列的矛盾,从制度上讲主要是因为法律存在漏洞,本文通过深入分析集体土地征收中突出的三个法律问题：“公共利益”目的认定,土地征收补偿原则和补偿标准,征收程序,针对性地提出相应的完善措施,希望能为解决集体土地征收中农民利益保护的问题提供一些有益的参考。     

回◇顾◇与◇反◇思——新中国土地征收制度变迁及立法完善

我国的土地征收制度始建于20世纪50年代,改革开放后获得了长足发展.现行土地征收制度存在"公共利益"不明晰、征收程序不规范、补偿不合理、监督管理不力、法律体系不完善等问题.立法机关应当制定统一的<土地征收法>,明确界定"公共利益",规范征收程序,提高补偿标准,加强监督管理,实现土地征收制化.     

完善我国农村土地征收补偿制度的法律思考

我国城市土地资源的有限性,使得城市的进一步发展必然依赖对农村土地的征收和使用.目前我国征地制度在征地程序、目的、补偿等方面存在的弊端,已经制约了经济、社会、农村的和谐发展.农村土地征收纠纷背后交织着各种观念的碰撞、利益的冲突、制度的羁绊与法律的滞后,亟待从程序与实体方面针对我国土地征收和补偿制度的缺陷予以完善,本文从我国现行农村土地征收补偿制度存在的问题和原因入手,提出如何完善我国农村土地征收补偿的设想.     

农民权益保护视野下农村土地征收制度之缺陷与重构

我国目前的农村土地征收法律制度中,在立法上存在公共利益不分,土地补偿不合理;实践中存在土地征收权滥用、补偿款项被截留等一系列弊端,严重损害了失地农民的权益。因此,有必要从立法上和配套制度上完善我国现行的农村土地征收法律制度,以更好地维护广大农民的利益。     

可持续生态林业补偿问题分析

我国生态林业建设面临着严重的资金问题。本文分析了可持续生态林业建设进行补偿的必要性 ,给出其理论依据和法律及政策依据 ,说明补偿的可能性 ,最后从补偿费的征收范围与对象、征收标准与方法及征收办法、补偿费的使用与管理方面提出生态林业补偿制度的设想。     

Price transmission between products at different stages of manufacturing in forest industries

The theory of demand and supply implies a positive relationship, or “price transmission” between the prices of products at different stages of manufacturing. This relationship was investigated with quarterly prices of softwood stumpage in the US South, and national prices of forest products, from 1977 to 2002. All prices, net of inflation, were found to be nonstationary and there was no evidence of co-integration between prices. Vector autogressive models, augmented by Granger causality tests and multiplier analysis showed that there was a one-to-one permanent positive response of the southern sawtimber stumpage price to a permanent change in the national lumber price. There was also a one-third permanent positive response of the national paper price to a permanent change in the national pulp price. There was no relation between regional pulpwood prices and national pulp or paper prices. When price transmission was significant, the full adjustment took about 2 years.     

Application of an ecosystem function framework to perceptions of community woodlands

Owners, local residents, government, and conservation organisations can express divergent preferences in the development and management of local woodlands. The perceptions of these four groups were examined, in the context of three community woodlands in Eastern England, using an ecosystem function framework. In a pilot study, residents were able to allocate a relative importance to woodland ecosystem services which were then related to “regulation”, “habitat”, and “production” or “information” functions. However residents also placed importance on negative services or “dis-services” associated with the woodland ecosystem. Therefore a fifth category of “dis-services” was included in the main survey which included 84 local residents, three woodland owners, three government institutions, and six representatives from conservation groups. Each of the four groups placed greatest importance on services associated with habitat (16–39% of the total importance) and information (30–50%) functions suggesting, in this example, mutual interest in the use of woodlands as a habitat or recreational resource. By contrast a potential area of difference was the particularly high importance placed by one owner on dis-services such as fly tipping. In addition the woodland owners placed higher importance (10–20%), than local residents and conservation groups (7–9%), on the productive services of the wood. This suggests a need for communication when production-related operations affect recreation. The ecosystem function framework appears to be a useful approach for highlighting potential tensions and areas of mutual interest in the management of semi-natural ecosystems.     

In Vino ‘No’ Veritas: impacts of fraud on wine imports in China

China is one of the largest wine importing countries in the world and is poised for continued import growth in the future. Increased wine purchases throughout China have given rise to persistent fraud where fake wines are packaged and sold with counterfeit contents and labels. For exporting countries like France, counterfeit wines displace market share, damage foreign brand reputation, and cause distrust in consumers who are aware of counterfeiting problems throughout the country. We examine the impact of fraudulent wine events (as measured by negative media reports) on Chinese wine demand differentiated by supplying country. We employ the Rotterdam demand system and a switching regression procedure to estimate import demand and compare results across different media variable specifications. Results consistently show that negative reports disproportionately affect French wine regardless of how the media variable is specified. This is not surprising because most fraudulent events involve French wine counterfeits.     

An evaluation framework for earthquake-responsive land administration

In recent years earthquakes and their secondary hazards have claimed the largest number of lives of all large natural disasters. Some of the world’s most earthquake-prone zones are also areas of high population density. The impact is magnified by vulnerability factors including non-enforcement of building codes, knowledge gaps, urban poverty and poor governance capacity to manage and reduce earthquake risks. Poor security of land tenure and property rights increases the vulnerability of people and affects their ability to respond to natural disasters.Earthquake recovery and reconstruction provides very significant challenges for land agencies, with these challenges differing from one country to the next due to differences in the local context. Drawing on contrasting case studies in Haiti, Nepal and New Zealand this paper identifies the common post-earthquake land administration functions and challenges that may apply to many contexts. These lessons provide land agencies and other key stakeholders with a summary of the challenges an earthquake poses for land administration at different post-disaster stages. We also discuss the policy and regulatory, institutional, operational and preparedness lessons for land administration. From these lessons we propose a framework for evaluating the earthquake-responsiveness of a land administration system. This framework can be used by a land agency in an earthquake prone region, or where an earthquake has recently occurred, to assess what challenges to land administration might occur in the event of an earthquake, and the preparedness of their land administration system.     

Agrarian Poverty,Nutrition and Economic Class – A Study of Gujarat,India

This paper analyses poverty and calorific undernourishment in the Indian state of Gujarat, where high and market‐led industrial growth has resulted in rapid economic improvement. The study is carried out through a combination of secondary and survey‐based data. We conclude that the neoliberal agenda of uncontrolled, outward‐looking growth has not resulted in significant reduction of poverty or malnourishment in rural areas. Furthermore, while land ownership is officially used as a proxy for wealth distribution, class position appears a better predictor of poverty status in the rural areas than landownership per se. At the policy level, there is a need to revive the agrarian economy and create new non‐agricultural assets, and the primary focus in the state must shift to the distribution of created assets rather than a single‐minded focus on growth.     

Does sustainable agricultural growth require a system of innovation? Evidence from Ghana and Burkina Faso

This paper tests the ‘systems of innovation’ hypothesis for a selection of crops in Ghana and Burkina Faso that have shown significant growth in production over an approximately 20-year period. The question is whether such growth can only occur if supported by a system of innovation. Using two indicators (a common understanding on objectives and priorities, and a high level of interactivity), we find little evidence for the existence of anything that might be considered a high functioning system of innovation.     

Local impacts of industrial tree plantations: An empirical analysis in Indonesia across plantation types

The values ascribed to industrial tree plantations are often controversial. Hence knowledge of their perceived impacts is important for improving their integration in rural landscapes. In 2016 we conducted household surveys with 606 respondents living in villages adjacent to acacia, teak and pine plantations across three islands in Indonesia (Java, Borneo, Sumatra). Results show that perceptions toward pine and teak plantations tend to differ from those toward acacia pulpwood plantations in several ways. Pine and teak plantations are perceived to have a higher number and variety of benefits and services, a higher number of positive impacts, a better environmental record, and to present more opportunities to local people for use of plantation land and products for improving rural livelihoods. In addition, we find that villagers around acacia pulpwood plantations tend to seek economic development and infrastructure to open up remote areas, yet their expectations were often only partially met. Recommendations from our analysis include: the role of the State in plantations must be clarified and potentially reinforced; the role of institutions as intermediaries is fundamental; and contributions by communities to design of management plans should be accommodated.     

Upstream demand for water use by new tree plantations imposes externalities on downstream irrigated agriculture and wetlands*

Large‐scale tree plantations in high rainfall upstream areas can reduce fresh water inflows to river systems, thereby imposing external costs on downstream irrigation, stock and domestic water users and wetland interests. We take the novel approach of expressing all benefits and costs of establishing plantations in terms of $ per gigalitre (GL) of water removed annually from river flows, setting upstream demands on the same basis as downstream demands. For the Macquarie Valley, a New South Wales sub‐catchment of Australia’s Murray‐Darling Basin, we project changes in land and water use and changes in economic surpluses under two policy settings: without and with a policy requiring permanent water entitlements to be purchased from downstream parties, before plantation establishment. Without the policy, and given a high stumpage value for trees ($70/m³), upstream gains in economic surplus projected from expanding plantations are $639 million; balanced against $233 million in economic losses by downstream irrigators and stock and domestic water users for a net gain of $406 million, but 345 GL lower mean annual environmental flows. With the policy, smaller gains in upstream economic surplus from trees ($192 million), added to net downstream gains ($138 million) from sale of water, result in gains of $330 million with no reduction in environmental flows. Sustaining the 345 GL flow for a $76 million (406–330) reduction in gains to economic surplus may be seen to cost only $0.22 million/GL; but this is much lower than the market value of the first units of that water to agriculture and forestry.     

Underpayment of Small Producers of Coffee and Cocoa in Sierra Leone

Fieldwork shows that many Sierra Leonean producers do not receive the official producer price for their coffee and cocoa, due to the concentration of buying stations, credit relations, the small quantities offered for sale, and the lack of marketing knowledge of the numerous and unorganized farmers. To the traders underpayment may seem economically justifiable to a certain extent, but to the farmers it means poverty and debt. A new village marketing centre project aims at remedying this situation and has already led to higher prices. Although no longer allowed to take their "just" share from the producers, traders are still willing to deal with the new centres.     

Malaria incidence and agricultural efficiency in Uganda

The cost of accessing healthcare can be a major determinant of disease prevalence, which in turn has short‐ and long‐term welfare implications on poor households. In response, governments in developing countries often resort to subsidizing the cost of drugs, which, while perhaps easier to administer, may not always be the most effective way of addressing healthcare cost. In this regard, we analyze the impact of different types of household level health expenses on disease incidence and agricultural production efficiency. We use data from the 2006 Uganda National Household Survey, which covered approximately 7,400 households. The results suggest that a 10% increase in consultation, medicine, and hospitalization expenses would reduce malaria incidence respectively by 35.6%, 20.5%, and 21.3 %, which translates into a 1.1%, 0.6%, and 0.6 % decrease in agricultural inefficiency, respectively. The results indicate that helping poor households meet expenses for consultation through subsidies or eliminating consultation fees has a larger impact on malaria incidence and agricultural productivity among poor rural households than subsidizing the cost of medical drugs, the most common avenue chosen by developing country governments in the fight against the disease.