Transformation of the law on farmland transfer in China / / Linlin Li

• Record Nr.: UNINA9910797916203321
• Autore: Li Linlin
• Pubbl/distr/stampa: The Hague, The Netherlands : , : Eleven International Publishing, , 2016; ©2016
• ISBN: 94-6274-466-1
• Descrizione fisica: 1 online resource (415 p.)
• Disciplina: 346.51
• Soggetti: Civil law - China; Land reform - China; China
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Cover; Table of contents; Abbreviations; List of Figures; List of Tables; 1 Introduction; 1.1 The strict government regulation of collective land use in China; 1.2 Government intervention in farmland transfer process; 1.3 A debate on Chinese farmers' empowerment and participation; 1.4 Approaches involved in this research; 1.5 Research questions and the methodology; 1.6 Why the principle of proportionality cannot be used in thisresearch?; 1.7 Structure of my research; 2 A governance perspective in the regulated farmland transfersystem; 2.1 Property rights and their transferability; 2.1.1 What is a property right?2.1.2 Property rights in common law and civil law system; 2.1.3 Transferability of property rights; 2.2 Delineation of property rights in land; 2.2.1 Long history of the ownership of private property; 2.2.2 Restrictions on property rights and its transferability in private law; 2.2.3 Delineation of the property rights to the use of farmland; 2.3 Rationales for public control over farmland transfer; 2.3.1 Reasons for the intensification of public control over land use; 2.3.2 Regulation of land use through land administration in modern states; 2.3.3 Government vs. market in the regulation of farmland transfer2.3.4 Variables in balancing private rights and government regulation infarmland transfer; 2.3.5 The need for good governance in land ; administration; 2.4 Governance as a new development of government regulation; 2.4.1 A three-level understanding of governance; 2.4.2 Governance in legal research; 2.5 A balanced government regulation from a governance perspective; 2.5.1 A viable way of realizing good/balanced governance; 2.5.2 A balanced governance structure for land use and transfer; 2.6 Concluding remarks; 3 Reform of collective land ownership and farmland transfer in China3.1 Evolution of the rural land ownership in China; 3.1.1 Pre-1949 rural land law reforms by the communists; 3.1.2 Changes of rural land ownership from 1949 to 1978; 3.1.3 Evolution of the collective land ownership under the HRS; 3.1.4 State-controlled collective land ownership; 3.2 Limitations of the collective land ownership under the HRS; 3.2.1 Contradiction between the collective system and the HRS; 3.2.2 Who should be the legal representative of collective ownership?; 3.2.3 Interventions of collective ownership to farmers' land rights3.3 A quasi-private land use right of individual farmers; 3.3.1 Debate on the nature of the FUR; 3.3.2 Is the FUR a perpetual usufruct?; 3.3.3 A perpetual FUR in law; 3.4 Redefined collective ownership based on divided co-ownership; 3.4.1 Connection between the collective land ownership and dividedco-ownership; 3.4.2 Experiments of the joint-stock cooperative reform of collectives; 3.4.3 Lessons learned from this joint-stock cooperative system reform; 3.5 A further clarification of the collective ownership and the FUR; 3.5.1 Conflicts between the divided co-ownership of collective land and theFUR