Series on Chinese Economics Research - Vol. 12. The Segmentation, Implementation and. Protection of Land Rights in China

Transcription

1 Series on Chinese Economics Research - Vol. 12 Game The Segmentation, Implementation and Protection of Land Rights in China ZHANG Shuguang Chinese Academy of Social Sciences, China Unirule Institute of Economics, China yp World Scientific NEW JERSEY LONDON SINGAPORE BEIJING SHANGHAI HONGKONG TAIPEI CHENNAI TOKYO

2 Contents Preface Foreword v xix Chapter 1 Implementation and Protection of Land Property Rights in the Context of Urbanization 1 1. Introduction 1 2. Current Land Policies and Their Implementation: Results and Evaluation Evolution of land policies Policies concerning land in rural areas Policies of conversion of land in rural areas Structure of the land regime Results of Implementation of land policies Infringement upon and protection of farmers' land rights Conflicts over policy goals and competing interests of central and local governments Conflicts between the protection of cultivated land and urbanization Two ways of conversion of land in rural areas and development trends Local Experiences and Policy Innovation: Cases and Analysis Brief introduction 27 xxi

3 xxii Contents 3.2. The model of land-centered rural industrialization in Nanhai of Guangdong Province 3.3. Real-estate compensation and property rights exchanges in the development zone of Dezhou, Shandong Province 3.4. Three kinds of farmer cooperatives in Kunshan, Jiangsu Province Fumin cooperatives Community stock cooperatives Land stock cooperatives 3.5. Communal enterprises of Dongsandao in Haicheng, Liaoning Province Market expansion is the basic inducement to land policy innovations Farmer Cooperation is necessary if farmers are able to play a dominant role in the price system for land In rural communities, an efficient communal enterprise is important for the success of rural industrialization on its own 3.6. Summary 4. Suggestions on Policy Improvement and Law Amendment 4.1. Uniform land laws should be formulated in order to terminale the dual systems of land policies The principle of 'same land, same status, same value' under the prerequisite of public ownership should be implemented Land laws shall be modified to establish a systematic basis for the protection of land rights for farmers Local and grassroots experiences should be reviewed and attempts made to Upgrade local rules and regulations governing transfers of collective construction land into State laws

4 Contents xxiii 4.2. Governments' monopoly in the primary land market should be broken to protect land rights and interests of farmers and collectives The current land requisition policies should be reformed fundamentally to stave off the trend of nationalization of construction land The current system of land supply by governments should be reformed and collective construction land should be allowed to directly enter the land market Infringement upon farmers' rights in the construction of village residential sites should be prevented and commercialization of the sites should be promoted A 'requisition black list' should be made to ensure that land to be used for the purposes other than public benefits shall not be obtained through requisition Governments' land reserves should be confined to existing levels and it should be strictly forbidden to requisition collectively-owned land to add to land reserves The fiscal structure should be changed and local property tax should be levied The mechanism of revenue collection should be changed to eliminate incentives of local governments in land requisition and sale Incremental gains from land should be distributed in a reasonable way and the system of land property taxes should be improved Measures of including in the budget the revenue from land remise should be set up as soon as possible, which may serve as an Interim mechanism for establishing the system of property taxes later on 60

5 xxiv Contents Fiscal regime should be upgraded so as to match financial power with administrative responsibilities 4.4. Farmers whose land is requisitioned should be allowed to negotiate for compensation and proper measures should be set up Actual compensation should be decided upon through negotiation with the comprehensive Standard of a region (district) as the reference Land for development should be retainable and property compensation should be implemented The practice of exchanging social security for land should be scrutinized to prevent any covert infringement on farmers' land 4.5. The effectiveness of quota management and institutional arrangement for protecting cultivated land The current quota administration is basically of no effect because of easy evasion by local governments at various levels The trade in quotas should be accepted and a mechanism for it should be established Regional zoning for industrial development should be set up in a scientific way and a mechanism of food security be established Bibliography Chapter 2 Implementation and Protection of Property Rights in Collective Construction Land Involving the Issue of "Sub-Rights" Rural Housing Introduction and Definition 2. Transition and Analysis of Collective Construction Land System: Based on Rural Homestead 2.1. Process description on the transition of rural homestead

6 Contents xxv 2.2. Analysis on the rural homestead system and its advantages and disadvantages Methods and Effects of the Government's Management and Law Enforcement on Collective Construction Land Forcibly removing illegal cottages in Qinglongtou, Beijing Rise of painters' village and property disputes in Songzhuang, Beijing Worrying Signs in the Comprehensive Reform Experiment of Overall Flanning for Urban and Rural Construction Lands: Is the Homestead Exchange for House a Breakthrough? Blocking of govemment-led overall planning of urban and rural areas in Jiulongpo District, Chongqing City The comprehensive supplementary reform in Huaming demonstration town in Tianjin led and financed by governments Comment on govemment-led overall development experiment of urban and rural areas Innovations and Experiments by Farmers, Collectives and Local Governments The land capitalization in Zhenggezhuang Village of Beijing with farmers as main players A game over land property rights between villagers and the government in the project of "urban villages", Shenzhen Formation stage of urban villages Shaping stage of urban villages Comprehensive reconstruction stage of urban villages Several discussions The "Sub-Right" Houses: Contention and Implementation of Property and Development Rights of Farmers Definition and scope of sub-right houses Type and development pattern of sub-right houses 119

7 xxvi Contents 6.3. Contention over sub-right houses Analysis on the ability to exercise property right in the perspective of the development of sub-right houses Way to Go in the Reform and Policy Suggestions Urgency of current problems Way to go Fundamental way and specific method for Implementation and protection of basic farmland Reform fiscal and tax system, eliminate the revenue source from land financing Implement the permanent status in farmers' land contract rights and ensure farmers' rights in land ownership, use and future gains Deepen the marketization reform of rural collective construction land and establish urban-rural land market Revision of Related Laws 136 Bibliography 136 Chapter 3 Land Transfer and Agricultural Modernization Introduction Evolution and Characteristics of Policies over Land Transfer and Large-Scale Management Evolution of policies of land transfer and large-scale management Phasic characteristics and regional difference of land transfer and Scale management Cases on Land Transfer and Scale Management Case in Tongzhou District of Beijing Land transfer and scale management in Qianfu Village of Yujiawu Town Land cooperative in Aoxiaoying Village of Yongledian Town 155

8 Contents xxvii 3.2. Organic vegetable specialized cooperative in Zhenglong Village, Jiangji Town, Ningyang County, Shandong Province Land share cooperative in Zhenglong Village Management pattern of the cooperative in Zhenglong Village Case of western flower world in Lingyun Village, Xinminchang Town, Pixian County, Chengdu City Lay the foundation for industrialization of agriculture by implementing land consolidation Large-scale land transfer creates institutional conditions for agriculture modernization Modem agriculture management of Senhe Company Case of High-Tech Modem Agricultural Industry Park in Qiquan Town, Chongzhou City, Chengdu Promote large-scale land transfer and develop new Organization for economic Cooperation Establish new agriculture Service system and develop the service before, during and after the agricultural production Establish specialist house and science and technology center for commercializing research findings; implement agricultural standardization production and industrialization management Case of scale planting of Sichuan Chongzhou Grain and Oil Reserve LLC Land Transfer, Organizational Transition and Agricultural Modernization: Analysis and Discussion Based on Cases Business crisis facing traditional agriculture Land transfer and moderate scale management becoming the premise of agricultural modernization 176

9 xxviii Contents 4.3. Great changes caused by land transfer and scale management Choices over pattems of land transfer and scale management Roles of the governments and collective economic organizations in land transfer and scale management Land transfer versus quota transaction Financing land transfer and development of rural finance Policy Suggestions 198 Bibliography 203 Appendix: Thesis Seminar: Land System Reform of China 205 Afterword 283 Index 287