Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform
With the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks...
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| Format: | Article |
| Language: | English |
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MDPI AG
2020-02-01
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| Series: | Land |
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| Online Access: | https://www.mdpi.com/2073-445X/9/2/51 |
| _version_ | 1811320074025304064 |
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| author | Linlin Li Rong Tan Cifang Wu |
| author_facet | Linlin Li Rong Tan Cifang Wu |
| author_sort | Linlin Li |
| collection | DOAJ |
| description | With the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks Model can adequately explain this reform. The tree concept of property, which provides a new perspective in delineating property rights based on the function served by specific properties, is thus adopted. We find that this tree concept of property helps to better understand and realize the trifurcated rights on farmland in China. Also, a balance between the social and economic functions of farmland can be reached through reconstruction of the property rights involved, a process which comprises three steps: identification of the nature of the newly-established rights; configuration of the rights and duties of relevant entities; and state intervention in the enforcement of relevant rights with the aim of realizing certain social values. Finally, this paper argues that success of this trifurcated structure requires a systematic design of the Chinese Civil Code. In particular, it requests further improvements in legal rules on farmland lease. |
| first_indexed | 2024-04-13T12:53:57Z |
| format | Article |
| id | doaj.art-7b79bdcece874a838391121873192afa |
| institution | Directory Open Access Journal |
| issn | 2073-445X |
| language | English |
| last_indexed | 2024-04-13T12:53:57Z |
| publishDate | 2020-02-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Land |
| spelling | doaj.art-7b79bdcece874a838391121873192afa2022-12-22T02:46:07ZengMDPI AGLand2073-445X2020-02-01925110.3390/land9020051land9020051Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ ReformLinlin Li0Rong Tan1Cifang Wu2Department of Land Management, School of Public Affairs, Zhejiang University, Zijingang Campus, Hangzhou, 310058, ChinaDepartment of Land Management, School of Public Affairs, Zhejiang University, Zijingang Campus, Hangzhou, 310058, ChinaDepartment of Land Management, School of Public Affairs, Zhejiang University, Zijingang Campus, Hangzhou, 310058, ChinaWith the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks Model can adequately explain this reform. The tree concept of property, which provides a new perspective in delineating property rights based on the function served by specific properties, is thus adopted. We find that this tree concept of property helps to better understand and realize the trifurcated rights on farmland in China. Also, a balance between the social and economic functions of farmland can be reached through reconstruction of the property rights involved, a process which comprises three steps: identification of the nature of the newly-established rights; configuration of the rights and duties of relevant entities; and state intervention in the enforcement of relevant rights with the aim of realizing certain social values. Finally, this paper argues that success of this trifurcated structure requires a systematic design of the Chinese Civil Code. In particular, it requests further improvements in legal rules on farmland lease.https://www.mdpi.com/2073-445X/9/2/51property rightstree concept of propertybifurcationtrifurcationfarmland leasereconstruction |
| spellingShingle | Linlin Li Rong Tan Cifang Wu Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform Land property rights tree concept of property bifurcation trifurcation farmland lease reconstruction |
| title | Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform |
| title_full | Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform |
| title_fullStr | Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform |
| title_full_unstemmed | Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform |
| title_short | Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform |
| title_sort | reconstruction of china s farmland rights system based on the trifurcation of land rights reform |
| topic | property rights tree concept of property bifurcation trifurcation farmland lease reconstruction |
| url | https://www.mdpi.com/2073-445X/9/2/51 |
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