Full Description
This book addresses the question of how to balance private land rights and the public powers involved in the farmland transfer in China from a newly-defined governance perspective. Based on the systems approach and the reflexive-law approach, four dimensions to a balanced regulation of farmland transfer should be considered under the governance perspective. These four dimensions mainly concern the making of new rules or further improvements in current laws and regulations. Due to the emphasis on the design of procedural rules, the law making process and the enforcement of related law are expected to be improved. This, in turn, calls for a transformation of the law on farmland transfer in China.
Contents
1 Introduction; 2 A Governance Perspective in the Regulated Farmland Transfer System; 3 Reform of Collective Land Ownership and Farmland Transfer in China; 4 Unbalanced Regulation of Farmland Transfer in China; 5 Unsecured Land Tenure and a Need for a Transformation in the Law; 6 Innovations in Farmers' Empowerment and Participation in Practice; 7 Balanced Governance of (Market) Farmland Transfers Based on International Experience; 8 Adoption of the International Model of a Well-Governed Expropriation System in China; 9 Barriers to Make and Implement the Rules on Balanced Governance of Farmland Transfer; 10 Conclusion
