我国土地征收权滥用的诱因及治理

首先指出我国土地征收权滥用问题,其次分析了土地征收权滥用的5点诱因。在此基础上,提出土地征收权滥用治理的5点建议,即完善相关土地法律制度;明确界定公共利益范围;建立征地补偿新标准;健全集体土地产权、创新土地收益分配;土地规划管理制度革新。     

城市老城区私房用地使用权探讨

研究目的：对历史遗留的城市老城区私房用地使用权定性和转让等管理制度创新进行探讨,为完善国有土地地籍管理制度,保障私房用地权利人合法权益,健全城市土地收益分配机制提出建议。研究方法：基层调查法,归纳总结法。研究结果：明确了城市私房用地使用权确定的复杂性和必要性,提出了城市私房用地使用权性质确定和地籍管理制度完善的初步性建议。研究结论：应加紧出台城市老城区私房用地使用权专项法规制度,推进登记发证工作。     

Determining the property ownership on cadastral works in Turkey

The transformation process from state to civil ownership in Turkey was started at the end of the Ottoman Empire and continued until after the formation of Turkish Republic. In this process, in accordance with the Civil Code legislation, most land users who had been using state lands were regarded as owners of those lands. These parcels of real estate were used in various ways and it became necessary to register these properties by using a process called ‘written cadastre’. The initial process was slowed down during World War II but an intensive cadastral program was begun after the war in both urban and rural areas, particularly in 1950s. The cadastre work had two components called technical and legal. The definition of land ownership is the legal foundation of the cadastre. If properties have their titles, land ownership can be defined based on the title; otherwise the ownership can be defined according to statements by experts chosen from local people. However, without title or written evidence, determining the land ownership is more problematic. In this context, this study explains how the ownership of properties, with or without a title, is determined in cadastral work in Turkey.     

论地下空间立体一级开发制度的构建

研究目的：基于地下空间立体开发趋势及其制度创新需求,构建立体空间一级开发制度,以期为地下空间开发的实践问题解决提供思路。研究方法：文献分析法、对比分析法。研究结果：由于地下空间开发具有不确定性、复杂性、渐进性、不可逆性等特征,预先确定产权边界并划分三维宗地极为困难;由于制度建构的维度之别,现行土地一级开发难以容纳地下空间立体开发情境的一级开发需求。研究结论：区分土地空间与建筑空间,沿着工程手段实现地下空间建设用地使用权客体特定化的方向,将三维地籍管理理念引入地下空间开发,从法律地位、实施主体、资金来源和管理流程等方面构建立体空间一级开发制度,以化解地下空间三维宗地划分技术难题和行政管理制度困境。     

福建省森林生态效益补偿制度的改进及其法律评价

我国的森林生态效益补偿制度在法理上存在明显的法律冲突问题。在这种情况下,地方如何因地制宜完善森林生态效益补偿制度是一个值得研究的问题。介绍福建省在完善森林生态效益补偿制度方面的一些具体做法,如下游补上游的创新,超前的分级保护,补偿类别的细分。对这些做法进行法律评价:下游补上游是市县政府履行一部分补偿基金筹集职责的好办法;比国家早四年多提出对公益林的保护分三个等级;分析存在的不足,如没有补偿标准的增长机制,补偿标准大幅落后于相邻省份;模仿中央财政管护补偿的模式,使得征用补偿落空;国有公益林得到了不应得的征用补偿(即产权损失补偿);没有专门的公益林补偿管理机构;公益林补偿基金管理办法的位阶不合法。     

ZEIS maps: Comparing areas to be earmarked exclusively for social housing in São Paulo city

The Special Zones of Social Interest (Zonas Especiais de Interesse Social – ZEIS) are urban areas specifically earmarked under municipal law for social housing purposes. ZEIS maps demarcated under São Paulo city’s Master Plans – 2002 and 2014 – were examined to quantify the changes over the years and to provide starting point data to evaluate of the limits and the possibilities for further socioeconomic and legal analysis. The zoning impacts were assessed by numeric and cartographic comparison using the available socioeconomic maps and reports produced by the municipality. A post-occupation (a posteriori) zoning (ZEIS type 1 representing 9.4% of municipal area) followed the expansion of the informal settlements, thus providing a first step for assessing the land tenure, while a pre-occupation (a priori) zoning (ZEIS types 2, 3, 4 and 5 representing 2.3% of municipal area) is an important measure for designating land for social housing purposes, even if they do maintain the segregated occupation pattern on the periphery. Upgrading programs have been disappointing, considering the amount of informally occupied land; similarly, property regularization in the land registry offices reveals a lack of political priority and rare provision of public goods and amenities. For vacant land, determining the social function of property remains a challenge because less than 10% of land use intended for social housing projects was implemented as planned. Housing deficit and inequality remain as complex problems. Obviously ZEIS as a zoning tool is still unable to make the fairest occupation processes possible, not being an isolated solution, but if it is used correctly with other innovative measures and housing solutions, satisfactory results can be achieved.     

Effects of the private land acquisition process and costs on mining enterprises before mining operation activities in Turkey

According to the mining legislation in Turkey, different permits must be obtained from the authorized institutions or to reach an agreement with a private landowner according to whether there is private or public land for mining. If the landowner and the mining investor do not agree, the expropriation is conducted if the public interest is observed in the mining operation. There is no doubt that the rights of landowners should be adequately ensured by legislation. However, there are cases where land ownership problems cannot be solved in areas that overlap with mining areas and are subject to private ownership. The expropriation permit process may sometimes last 1.5–2 years. Therefore, mining enterprises are unable to start production activities and risk losing their investments. Especially for the reasons related to private landowners and experts, private land acquisition/expropriation costs for mining activities are quite high compared with the market.To identify and produce solutions to the legal problems in Turkey, in May, June, and July of 2018, a survey study was conducted to ask mining enterprises about their problems in private land acquisition and the costs for them. The mining sector in Turkey expects that all applicable legislations will be proposed in a manner that does not waste the time of the mining investor and that the private land acquisition/expropriation costs will be reduced in a manner that does not pose a risk of mining investment. In this respect, the ratio of expropriation costs to the mining investment amount (MIA) was analyzed according to the different mineral groups and the social and economic development level of the cities where mining was conducted. Based on this research, legislation practices also have negative effects on mining enterprises, on the expropriation costs and the expropriation permit processes.     

Development of 3D underground cadastral data model in Korea: Based on land administration domain model

Underground space is being considered as a sustainable development resource, especially in heavily urbanized areas such as Seoul, in Korea. However, regarding 3D underground property, uncertainties and gaps exist between cadastral system and real property registration system. In Korea, cadastral system is able to deal with only 2D surface parcel, on the contrary, real property registration system is able to register and manage legal status of 3D underground properties. The mismatch between these two systems causes various types of problems for underground properties such as a vertical boundary disputes between aboveground and underground ownerships, administrative confusion and dual-compensation problems for new underground construction, reconstruction and haphazard development for underground space due to the lack of systematic registration procedure. In order to overcome these problems, this research proposes a 3D underground cadastral data model, which is associated and integrated with classes in ISO 19152 Land Administration Domain Model (LADM) developed by the Technical Committee 211 of the International Organization for Standardization. The proposed 3D underground cadastral data model comprises two packages: 3D underground parcel package, and 3D underground surveying and mapping package. It would support a better service for land administration by providing reliable and accurate spatial information on 3D underground property. In order to validate the proposed 3D underground cadastral data model, the prototype is developed and implemented in real-world situation for the first time. The proposed 3D underground cadastral data model can register various types of 3D underground properties including architectures such as shopping mall, public walkway, parking lot, and etc., and civil infrastructures such as subway, road, water supply, sewage, common utility tunnel, and etc. The results show that the proposed 3D underground cadastral data model could be applicable for other information system such as land valuation and taxation system, urban planning system, construction and facility management system.     

LADM-based modeling of the unified registration of immovable property in China

In China, the types of immovable property objects cover not only land (a typical immovable property object) but also buildings, sea areas, forests, etc., and the general idea of unified registration of immovables (as the newest development and hottest topic in field of land administration in China) proposed by Property Law of the People’s Republic of China (2007) is not detailed until 2014 when “Interim Regulations on Real Estate Registration” was enacted and would come into force in 2015. This paper focuses on modeling of unified registration of immovables in China whose cores rely on “4 unifications” (i.e., unification of registering basis, unification of registering authorities, unification of information management platform, unification of registering books) using the world-wide advanced standard LADM (Land Administration Domain Model). In detail, the typical 8 immovable property rights (right to use construction land/forest land/sea area, ownership of houses/forests/marine structures, right to contractual management of arable land/grass land) are firstly introduced; then change of register types before and after unified registration (as one important component of “unification of registering basis”) is described; later, comparison of register procedures reflecting “unification of authorities”, “unification of information management platform” and “unification of registering books” is modeled using LADM where parties, 3R, spatial units package are greatly referenced which is followed by elaboration of a newly proposed URDMIPO (Unified Registration Data Model for Immovable Property Object). However, the complete implementation of unified registration in China will still take a long time.     

Geometrical data validation in 3D digital cadastre − A case study for Victoria,Australia

Data ambiguity and invalidity can cause significant expensive issues in the cadastral domain (e.g. legal disputes). An automated data validation can significantly help to reduce the potential issues. Quality assurance has been comprehensively investigated in various domains, however, the validation of 3D cadastral data is still in its early development. The availability of various regular and irregular shapes for 3D cadastral objects and modern building designs has resulted in a critical need for developing validation rules to ensure data validity and quality.The land registry in Victoria, Australia, is investigating the technical requirements for implementing a 3D digital cadastre. The study of 3D cadastral data validation requirements has been part of this ongoing investigation. This study is being undertaken in three main phases including 1) developing geometrical validation rules, 2) developing non-geometrical validation rules, 3) implementing an online service to validate 3D cadastral data.This paper aims to discuss the initial outcomes of the first phase of the aforementioned study which has focused on developing geometrical validation rules for 3D cadastral objects. The paper reviews the development of four geometrical validation rules which have been formalised using mathematical expressions to check the individual 3D parcels and their relationships with adjoining or neighbouring parcels. The first validation rule checks the compatibility of the cancelled parcel against the created parcels. The second rule deals with parcel collision detection which is required for flagging unacceptable intersection of 3D objects. The third rule ensures the faces forming a 3D parcel are flat. The fourth validation rule assures 3D objects are watertight. The paper concludes with a discussion around the impacts of the proposed validation checks on the subdivision process and future research for the Victorian 3D digital cadastre.     

The Effect of Ontario's Greenbelt on the Price of Vacant Farmland

A hedonic property regression estimates a difference‐in‐differences coefficient to assess the effect of Ontario's Greenbelt zoning on vacant farmland prices around the Greater Toronto Area. In our analysis on over five hundred property sales between 2002 and 2009 we find some evidence that the Greenbelt legislation negatively influenced vacant farmland values located in close proximity to urban areas. However, the statistical significance of this result is sensitive to the exclusion of smaller parcels and to assumptions regarding endogeneity.     

农村土地承包经营权的深层探索

研究目的：分析农村土地承包经营权的法理构造,提供完善建议。研究方法：规范分析法。研究结果：法律对农地承包经营权的构造存在很多理论悖谬以及与实践相冲突的问题,诸如土地承包经营权的主体资格、客体范围以及权利属性等方面都缺乏应有的理论支撑,特别是在当前农业组织创新的背景下,这些问题既影响法律的实施效力,不利于农村土地承包经营权功能的发挥,也阻碍了农业生产的发展。研究结论：确认以人为单位作为农地承包经营权的主体,扩大农地使用权范围,并有条件地允许农地承包经营权在农业人口与非农人口中流转。     

Towards integration of 3D legal and physical objects in cadastral data models

Digital 3D cadastres are often envisaged as the visualisation of 3D property rights (legal objects) and to some extent, their physical counterparts (physical objects) such as buildings and utility networks on, above and under the surface. They facilitate registration and management of 3D properties and reduction of boundary disputes. They also enable a wide variety of applications that in turn identify detailed and integrated 3D legal and physical objects for property management and city space management (3D land use management).Efficient delivery and implementation of these applications require many elements to support a digital 3D cadastre, such as existing 3D property registration laws, appropriate 3D data acquisition methods, 3D spatial database management systems, and functional 3D visualisation platforms. In addition, an appropriate 3D cadastral data model can also play a key role to ensure successful development of the 3D cadastre.A 3D cadastral data model needs to reflect the complexity and interrelations of 3D legal objects and their physical counterparts. Many jurisdictions have defined their own cadastral data models for legal purposes and have neglected the third dimension, integration of physical counterparts and semantic aspects.To address these problems, this paper aims to investigate why existing cadastral data models do not facilitate effective representation and analysis of 3D data, integration of 3D legal objects with their physical counterparts, and semantics. Then, a 3D cadastral data model (3DCDM) is proposed as a solution to improve the current cadastral data models. The data model is developed based on the ISO standards. UML modelling language is used to specify the data model. The results of this research can be used by cadastral data modellers to improve existing or develop new cadastral data models to support the requirements of 3D cadastres.     

《民法典》视域下居住权征收补偿问题研究

研究目的：探究在现行征收法律规则下居住权人获得补偿的路径。研究方法：文献研究法。研究结果：现行法 仅赋予用益物权人在征收中获得补偿的权利,无论是国有土地上房屋征收,还是农村集体土地征收,均未规定用益物 权为独立的征收客体,征收补偿中亦未单独针对用益物权规定补偿类别,实务中用益物权人可以通过征收补偿分配程 序获得相应补偿。研究结论：现行法中,居住权人在征收中不享有独立补偿地位,需从法定所有权补偿类别中主张相 应份额,应以市场价值为主要参考依据。居住权人在征收中应享有程序性权利,以保证实体补偿权利的实现。     

土地征收中公共利益的经济学分析

研究目的：探讨土地征收中公共利益的内涵。研究方法：用经济学理论分析法律问题。研究结果：土地征收是一种建立在个人选择基础上的社会选择,是政府替代市场直接配置土地资源,但需要满足一个经济条件（市场失灵）和三个法律要件（公共利益、合理补偿和正当程序）。研究结论：土地征收中的公共利益是指卡尔多 — 希克斯效率;土地征收后提高了土地资源的配置效率,最终有可能通过加快经济发展来补偿土地被征收者的损失并改善他们的福利。     

欧洲发达国家公民环境权的发展趋势(二)

公民的良好环境权是一种共享权,其法律主体是作为一个整体概念的人类,但其真正的法律主体是当代人。开发利用环境资源权主要是一种财产权以及从事与财产相关的活动的权利,但受到了一系列技术和法律上的限制,使公共福利大大加强了。但实际生活中,两种类型的环境权可能会发生冲突。因此,每一个人需要被程序法赋予获得司法救济的法律地位。     

欧洲发达国家公民环境权的发展趋势〔二)

公民的良好环境权是一种共享权，其法律主体是作为一个整体概念的人类，但其真正的法律主体是当代人。开发利用环境资源权主要是一种财产权以及从事与财产相关的活动的权利，但受到了一系列技术和法律上的限制，使公共福利大大加强了。但实际生活中，两种类型的环境权可能会发生冲突。因此，每一个人需要被程序法赋予获得司法救济的法律地位。     

农地征收价格构成与土地增值的关系

研究目的:确定适用于社会主义市场经济条件下的农地征收价格构成及土地增值空间。研究方法:文献资料法和数理统计方法。研究结果:(1)以被征地方为研究对象,从产权和消费者行为理论角度,确定农地征收价格构成。(2)以政府为对象,进行农地转为建设用地的成本收益分析,确定土地增值空间。研究结论:(1)社会主义市场经济条件下,以农地为对象,不考虑“经济人”特点确定的农地征收价格是不完整的;(2)农地社会保障价格是农地征收价格的组成部分,其实质不是土地增值;(3)根据产权理论,政府正在逐渐还原农地征收价格。