提高登记质量的程序保证——析土地登记公告的作用

土地登记公告是指经过初审、复审后的土地登记申请审核结果，由土地登记部门以公告形式公布于众，从而达到通过征求土地登记申请者及其有关权益者的意见，以便发现问题、保证登记审核的正确性和可靠性。土地登记公告是初始土地登记的必经程序。土地登记公告不仅是地籍调查的一个必不可少的补充，更是现实的土地权利人和潜在的土地权利人在土地登记中的程序性权利得到充分保证的一个重要手段，对提高土地登记质量、维护权利人的正当权利等都有着重要的意义。登记公告的作用公告是土地登记机关征询土地权利人对即将予以登记注册的土地权利异议…     

变更登记与设定登记可并案办理

按照国家《土地登记规则》的规定,土地权利的登记形式主要有初始登记、设定登记和变更登记。从《土地登记规则》对变更登记的有关规定看,土地变更登记是指在经过初始、设定登记后,原登记的土地权利状况发生变化时,对发生变化的土地权利及相关内容进行的更正登记。所以,对没有经     

论我国土地权利制度的发展趋势

随着市场经济的深入发展和即将制定物权法，我国的土地权利制度建设已临关键阶段。对土地权利整体建设，提出四项基本条件，即满足市场经济需求、符合宪法原则、符合国情、与民法典和物权法相衔接等。在土地权利制度的总则规定中，提出应当坚持权利法定原则、权利绝对原则、登记原则、权利特定原则、顺位原则。对土地登记应坚持“五统一”原则。具体权利细则，在保留两种土地所有权的基础上，一是让土地使用权完全进入市场，二是在土地使用权上设立建筑权、耕作权、抵押权。     

物权公示及公信原则——土地登记制度的法学理论基础

介绍了作为物权法基本原则之一及土地登记制度法学理论基础的物权公示及公信原则。侧重分析了作为不动产物权变动公示方式的登记形式、效力及其公信力。在此基础上对完善我国土地登记制度提出立法建议，呼吁尽快出台专门的土地登记法律或法规，在继续强化土地登记的国家管理作用的同时，显化土地登记的权利公示作用     

土地他项权利登记应更加明确

土地他项权利的内涵和外延土地他项权利登记与国有土地使用权、集体土地所有权、集体土地使用权登记一样,登记后即受法律保护。所以,怎样正确理解土地他项权利的内涵和外延,十分重要。《土地登记规则》第二条第二款规定“:本规则所称土地他项权利,是指土地使用权和土地所有权以外的土地权利,包括抵押权、承租权以及法律和行政法规规定的需要登记的其他权利。”至于“其他权利”包括哪些内容,只是在《确定土地所有权和使用权的若干规定》的第五十四条作了简单的规定,即“地面与空中、地面与地下立体交叉使用土地的(楼房除外),土地使用权确定…     

用途与权属并重——集体土地所有权登记中土地用途登记探讨

我国目前的土地登记更为重视对土地权属的记录，而对于土地用途转用控制所依赖的土地用途登记显得不足。土地用途登记的重要性土地用途登记是土地利用规划的需要。土地利用规划本质上是在对土地现在用途和适宜用途分析的基础上，对土地利用在未来时间和空间上作出统筹安排。现在用途对于土地利用规划是基本的信息，土地登记作为地籍管理经常性的工作，是及时记录土地权利、用途等状况及其变化的最好手段。土地登记中不登记土地用途，而采用其他手段来获得土地用途信息，无异于舍近求远。土地用途登记是实施土地用途管制、保护农地资源的重要…     

如何规范办理注销土地登记

注销土地登记是指因土地权利的消灭等进行的登记。《物权法》和《土地登记办法》实施几年来,随着土地权利人权利意识和法制观念不断增强,注销土地登记实务中,由于法律的不明确,实务操作出现了     

土地登记的法理和登记机关的选择

随着社会主义市场经济的逐步建立,我国的土地登记制度正由单纯管理型向财产型转变。土地权利作为不动产物权,建立土地登记制度是为土地权利变动提供法律基础,土地权利登记是具有国家公信力的法律基础,是国家建立的关于土地权利的统一的法律基础。为此,必须建立不动产统一登记的法律制度     

土地经营权的权利性质与登记保护

对土地经营权的权利性质存在"物权说"和"债权说"等不同观点。从法律规定背后的经济关系分析,土地经营权流转是一种土地租赁关系,土地经营权本质上是一种土地租赁权,属于债权性质的权利。对土地经营权进行登记是对土地租赁权的一种物权化保护方法,这种登记加强了特殊情形下土地经营权的法律保护效力,但是,这种登记并没有改变土地经营权的债权属性。完善土地经营权登记制度,可以结合土地经营权流转的特点,采取灵活的土地经营权登记方式;区分土地经营权转让和转租,对通过转让取得的符合条件的土地经营权予以登记;结合土地承包经营权登记,把土地经营权登记纳入城乡不动产统一登记。     

“三权分置”下的土地经营权登记

研究目的:研究探讨"三权分置"改革下的土地经营权登记的原则和方法。研究方法:历史研究法、规范分析法。研究结果:(1)土地经营权应当具备物权性质,应当进行不动产权利登记;(2)土地经营权与土地承包经营权之间的关系,决定其不动产登记该如何进行,对土地经营权做怎样的不动产登记,又能直接反映出它的法律地位和权利性质。研究结论:在中国土地公有制背景下,土地使用权不属于土地的他项权利。为保证"三权分置"改革目标实现,亦当将土地经营权视作土地使用权性质,并进行不动产首次登记。     

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.     

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.     

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.