农地征用中的利益博弈与立法选择

当前农地征用中失地农民与地方政府之间存在明显的利益分歧,利益博弈各方时常处于零和的状态。某些土地制度规定的相对滞后和地方政府行为的错位及＂官本位＂格局下强政府——弱农民的力量对比态势,成为利益零和博弈的根本原因。明晰农地产权主体,重构农地产权制度,创建一个有效而公平的谈判协商机制,创建农民组织,规范政府行为,这些都是立法选择方面的主要构想。     

国有企业产权制度改革的新制度经济学分析

国有企业改革是我国经济体制改革的中心环节。十四大以后,国有企业改革从以往的政策调整转变到制度创新上来,并提出了以建立现代企业制度为方向和目标的国有企业改革新思路与新举措。文章首先介绍了新制度经济学派的理论,然后回顾和分析了国有企业改革的历史及其原因,接着提出了现代产权制度的四大内容,最后紧扣现代产权制度的要求提出了我国国有企业产权制度改革的思路。     

我国农村土地使用权变革趋势分析──兼谈西部变革滞后的表现与对策

我国农地使用权是由土地承包经营权演变而来的。在我国向社会主义市场经济体制转变的改革进程中,从明显具有债权性质的土地承包经营权向物权性质的农地使用权演变,是我国农村经济体制和农村经营模式改革的必然趋势。在全国农村经济体制与农村经营模式变革的劲风骤雨之中,西部农村的经济体制与农业经济模式的改革步伐明显滞后。为能跟上全国经济体制和农业经济模式变革趋势,对西部农地使用权的现状及其改革滞后的主要表现应该有清醒的认识,并有相应的对策。我国农地使用权变革的现状及发展趋势分析我国农地使用权的变革从党的十一届三中…     

关于我国农用土地产权制度的分析

目前,我国对农村集体土地所有权与农村土地承包经营权的规定和理论界的观点在实际执行中存在内在矛盾,立法上存在缺陷,主要是财产权主体不明确、财产权属性质模糊,权能缺位,权能立法冲突等等。面对这种情况,要从我国现实农地产权制度的历史与现状出发,区别土地国有权与集体土地所有权的不同本质,强化农地承包经营使用权,并通化立法予以确立。     

论点摘编

西藏农村土地制度改革的实践与探索——以曲水县农村改革试验区为例徐伍达在《中国藏学》2019年第4期上发表文章,曲水县作为西藏唯一的国家级农村改革试点县,率先完成土地承包经营权确权登记颁证工作,开展农村土地制度改革、农民住房财产权抵押贷款、农村集体产权制度改革、农村集体林权制度改革等试点工作,同时因地制宜和有针对性地解决改革过程中遇到的实际具体问题,为西藏农牧区改革积累了宝贵经验。农村土地制度改革的制度创新和制度供给,促进了西藏农牧区资源要素的流动,激发了广大农牧民的积极性和创造性,为乡村振兴提供了强大动力。     

陕西省农村土地流转迟缓的供求影响因素与机制探析

农村土地流转长期受到决策者的鼓励,但我国农村土地使用权流转率一直偏低,西部地区尤其如此。本文试图以陕西省为例,通过问卷调查和访谈,分析农地社会保障功能等因素影响农地使用权流转率的作用机制;并从供给和需求两个方面,分析了经济落后地区农村土地使用权流转率偏低的原因。研究结果表明,农地流转受到现行的以提供社会保障为基本目的的农地制度的约束,任何旨在提高农地流转率的改革措施,都必须考虑现行农地制度的社会保障功能和地区差异,实行因地制宜的农地流转制度。     

集体化时代农村微观经济组织变迁初探

回顾和总结建国后中国农村微观经济组织从互助组、初级社到高级社的变迁过程,对总结历史经验,准确把握、并进一步深化农村集体经济改革的方向具有重要意义。本文结合新制度经济学关于制度变迁的理论,对集体化时代农村微观经济组织变迁、特征进行初步探索。     

浅析晋商产权制度变迁

山西票号创始于19世纪20年代,是我国最早出现的具有近代银行性质的汇兑行业。作为晋商金融资本的组织形式,山西票号曾一度汇通天下,纵横捭阖,在中国近代金融领域独领风骚将近百年。票号在其兴起与发展的过程中及时适应外部制度环境的变化,进行了有效的产权制度安排。但是随着制度环境的变迁,制度安排的无效性逐渐显露出来,而票号的经营者没有及时把握制度创新的时机,错过了合组银行的机遇。产权制度安排的变迁新制度经济学认为:任何一项个体的制度安排都产生于一定的制度环境(即制度建立的政治、社会、经济等基础规则与背景)。对于山西票号…     

略论完善农村市场经济制度

完善农村市场经济制度,是建立社会主义市场经济体制的内在组成部分。只有重构农地产权制度、规范农村税费制度、创新农村组织制度、重塑农村就业制度、构造农村社会保障制度,才能为推进农村工业化、城市化和农业现代化构建完善的制度基础。     

战后日本农地改革论

战后日本在美国占领之下,实行了一系列的“非军事化”、“民主化”的改革,其中以农地改革进行的最为广泛、深入和有实效,但是,也遗留下不少问题。在这场改革中,日本政府先后制定了两个法案,分别称之为第一次农地改革和第二次农地改革,沿用至今成为习惯。但这种两次改革说法是不确切的,而是有政治意图的,并且容易混淆视听。日本帝国主义一向以日本国土狭小、人口众多,资源贫乏,养活不了全国人口做为发动侵略战争的借口。这些话似乎有些根据,其实并不尽然。所谓国土狭小、资源贫乏     

乐都县非公有制经济发展刍议

改革开放以来,乐都县非公有制经济尽管得到长足发展,但进一步发展仍要排除各种制约因素。从政府层面看,应找准发展的着力点。     

Land Reform in the Time of Neoliberalism: A Many‐Splendored Thing

Abstract: Over the past 20 years, land reform – defined here as the redistribution of land from large to small properties – has emerged as an important political issue in the Global South. Actors with widely differing ideological perspectives have claimed land reform as central to their political, social and economic platforms. In this paper, I compare reforms championed under the neoliberal auspices of the World Bank (the so‐called Market Led Agrarian Reforms) with those supported by popular grassroots actors such as the Movement of Landless Workers (the MST) in Brazil. I argue that although these two approaches to land reform are often considered antithetical to one another, they share a common theoretical foundation. Both are rooted in a labor theory of property that attributes the fruits of one's labor to the laborer. Where the two differ is in their interpretation of the “original sin” through which land and labor came to be misaligned: neoliberal actors see the state as the key source of land‐related inefficiency while popular grassroots actors identify the market as the key source. I analyze case material from northeastern Brazil and suggest that the institutionalization of the labor theory of property (across civil society, state and market in the region) has generated insecurities for new land reform beneficiaries who must protect their property rights with visible evidence of their productivity.     

Entitled to Health? Social Protection in Chile's Plan AUGE

In theory everyone has the right to health. However, in reality many low income households are unable to fully access health services and therefore cannot fully claim their rights. Recently, in an attempt to overcome these limitations, health reforms in Chile under the Plan AUGE have proposed a series of legal entitlements to health care that are available to everyone regardless of income level. While this is an important starting point in ensuring more universal access to health, the process has raised a number of important issues, particularly on how these entitlements have been defined and how far they will be able to transform (gender) inequalities within the health system. Looking at this from a gender perspective enables us to see that despite the shift from a health care system based on redistributive rights towards one based on the right of recognition, certain sectors of the population remain excluded. Decision‐making processes have remained technocratic, and women's groups have been marginalized from the debate around the reform. Moreover, health policy makers continue to ignore the role of the unpaid care economy in health care provision. The current reform has served to reinforce the gender roles around health care.     

Negotiating the regulation of the structural funds: Italian actors in EU regional policy‐making

The role of Italy in the reform process of the regulations concerning EU regional policy has traditionally been weak. Since 1998, however, Italian actors in Brussels started to play an increasingly more central role. Looking at the 1998 Regulation, we analyse the internal and external factors that explain this improved performance and conclude that this change might lead to an even more active and creative role being adopted by Italian institutional actors in the current negotiations which will lead to the reform of the regulation of the Structural Funds for 2007–13.     

Widows,Wives and Witnesses: Women and their Involvement in the 1768 Northampton Borough Parliamentary Election

This article analyses sources relating to the 1768 Northampton borough election to determine the ways in which women were involved in pre‐reform elections. Although there has been literature relating to the participation of women in pre‐reform elections, it has largely focused on elite women. Through a case study of the 1768 election this article will suggest that non‐elite women were involved in a variety of ways. In particular, it will show that these women acted as witnesses during the polling and provided evidence relating to men and their eligibility to vote, and suggest that female householders had an impact upon the election through their property ownership. Through their role as householders, women were able to participate in elections through the exchange of property and enabling men to vote. The activities in which Northampton women were involved had further implications concerning home and its use as a public space.     

社会转型时期两代领导人的法治观的传承超越与立法的现代发展

回顾改革开放以来中国立法的发展,可见国家领导人的法治观念对社会、法律及两者的现代发展起着举足轻重的作用。邓小平的法制思想发展了毛泽东的法制思想,在法律与治国、法律与政党、法律与政策、民族与法制关系上提出了许多真知灼见:江泽民法治观的创新集中体现在中共中央两次用全会文件和国家的根本大法--宪法肯定了"依法治国"的权威地位。近20多年来,中国立法的实践有了长足的进展,在正确思想理论指导下,依法治国成为社会的共识,现代法制体系已基本建立,公民的法制观念已经有了质的进步。     

Property,rights ans community in a South African land‐claim case (Respond to this article at http://www.therai.org.uk/at/debate)

In the context of South Africa's land reform programme, the concepts of ‘property’ and ‘rights’ carry a heavy ideological baggage. This is evident in the country's land reform policies, which have sought to reach a compromise between differing and often contradictory histories involving both rights and property. A shift in government policy, from treating land reform as a question of rights to a question of the transfer of land, has been accompanied by a reification of the idea of community. The result is a policy that is seriously out of touch with the complex legacy of dispossession that the land reform programme was meant to address. As shown by the case presented in this article, these problems become exacerbated when the land in question is part of a conservation area.     

The benevolent proprietor and the property law: A British‐Indian dilemma

British Indian revenue policy determined British‐Indian property law. ft was essential to establish a class of landed proprietors, entitled by law to collect rents from their tenants, from which in turn government could legally assess its revenue demand. Revenue was principally settled with the zamindars, who had had rights to a share in agricultural produce which carried a duty to meet government's revenue demand recognised by the Mughal government. The zamindars were redefined unequivocally as landlords by the British‐Indian property law. Their estates were assigned on the basis of existing records and were composed for the most part of disparate shares in villages. Such estates were essentially not economically viable; the social and domestic circumstances of the zamindars further compromised the management of their estates. Government intended that the landlords should become progressive farmers, but conditions, as much a product of legal enactment as of economic reality, frustrated that aim. The history of the nineteenth century administration of British India illustrates the dilemma of government, and the conflict between conservatism in the rural sphere and the pursuit of progressive policies. The radical reform of the zamindars’ estates, namely the drastic curtailments which took place under the zamindari abolition statutes under the Congress government's programme for land reform, has paradoxically achieved for independent India that which the government of British India struggled throughout a century and a half to achieve: the creation of the progressive proprietor.     

Post‐Conditionality Politics and Administrative Reform: Reflections on the Cases of Uganda and Tanzania

This article contributes to the discussion of the nature of external intervention in the reform processes of indebted states. Looking at administrative reform in Uganda and Tanzania, it is argued that external involvement in sub‐Saharan Africa is becoming increasingly differentiated. For some states — including the two cases dealt with here — a key set of continuities and changes allows us to conceptualize a regime of post‐conditionality. Post‐conditionality regimes exist where extreme external dependence and economic growth produce a set of political dynamics in which external–national distinctions become less useful, in which there emerge a set of unequal mutual dependencies, and in which donor/creditor involvement in reform becomes qualitatively more intimate, pervading the form and processes of the state. Details of this dispensation are provided in an analysis of key ministries and key interventions by donors/creditors. The article finishes by considering the contradictions of the post‐conditionality regime, and its prospects.     

Chinese Social History: Forty Years of Research under the Chinese Economic Reform

In the wake of the Chinese economic reform, Chinese scholars have welcomed in the resurgence of historical social research. Looking back over the past 30-odd years of research development, it could be said there existed four general periods: A brainstorm period, an initial “beginning” period, a period of maturation and lastly an expansion period. From looking at the context of [its] theoretical development, it is clear that scholars researching Chinese social history were, from the beginning, focused on how exactly to define “society.” This, however, resulted in much debate about the different concepts of social history itself. Though the matter has yet to be settled, the ultimate research objective for the field of historical social research is in its pursuit of truth. In recent years following the dissolution of disciplinary boundaries, the interdisciplinary viewpoint(s) established by social and cultural history have also provided forth a new horizon for the development of Chinese historical social research.