Truncated Property Rights, Land Finance, and Grassroots Governments: A Case Study of Minor Property Rights Housing in Transitional China

Deng, Xue; Tsao, Hai-Tao

doi:10.1061/(asce)up.1943-5444.0000856

Cited by 2 publications

(4 citation statements)

References 21 publications

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“…In the face of different rights holders' requests for confirmation of the proportional distribution of homestead value-added distribution agreements, the vast majority of courts, such as the Nanyang Municipal Court of Henan Province in (2020) Yu 1302 Min chu No. 486, held that the distribution of value-added rights and interests in rural homesteads should be guided by the rules of member autonomous organizations, and the judicial authorities did not yet have the legal source status to intervene in such disputes 4 . In view of this, under the reform of "separation of three rights", the rights of each subject of rural homesteads, as a new type of right, belong to the regulation of relevant land management laws and naturally face the problem of an unclear subject of dispute resolution.…”

Section: Selection and Description Of Materials And Methodsmentioning

confidence: 99%

“…7101: This case is a dispute over land use rights, which should be handled by the relevant government departments first, and the second plaintiff filed a lawsuit in the people's court without the relevant government departments handling it first according to law, which did not comply with the law and should be dismissed according to law. 4 In this case, there is no legislative basis for the compensation costs of houses on collective land, and it is difficult for the court to ascertain the facts at the judicial level and properly balance the various conflicts of interest and relationships arising therefrom. It should be resolved by the villagers' self-government organizations.…”

Section: Fundingmentioning

confidence: 99%

“…How to balance the protection of citizens' rights with the growth of land wealth is a common problem facing the world. China's land system has its own special character, in which China's urban land is owned by the government (state), while rural land is collectively owned, forming the dual land structure of urban and rural [4]. In the traditional process of distribution of homestead value-added benefits, the benefit is not fairly shared with farmers and collectives, which leads to a large number of land disputes and hinders the realization of land value [5].…”

Section: Introductionmentioning

confidence: 99%

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Research on Realization Mechanism of Land Value-Added Benefit Distribution Justice in Rural Homestead Disputes in China—Based on the Perspective of Judicial Governance

Dong

2023

Land

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In the process of urban-rural Integration, the reform of the “separation of three rights” of homesteads has released huge institutional dividends for the vigorous utilization of rural homesteads. With the gradual deepening of the reform of the homestead system the number of disputes related to the transfer of the land use of rural homesteads is increasing rapidly. Based on the quasi-case research method, this paper integrates the relevant case facts, the focus of the dispute, the legal basis, and other case elements and realizes the judgment of case similarity based on the legal argument model, which aims to solve the problem of realizing justice in the distribution of land value-added benefit in homestead disputes. It also puts forward the realization mechanism reform suggestions based on the perspective of judicial governance, so as to demonstrate the ways in which conflicts arise and are resolved in the distribution of value-added benefit in China’s rural homestead transfer system. By using the search tool of the “China Judgment Document Network” to screen a total of 305 valid samples, it was revealed that the core problem of China’s homestead governance is the unfair distribution of land value-added benefit; that is, it is difficult to achieve effective distribution of land value-added benefit among farmers, collectives, and governments. The core litigation points in rural homestead disputes include homestead policies and the application of law, the litigability of cases, the scope of the subject, and the realization of powers, as well as the quantitative basis and rule scheme. From the perspective of judicial governance, the deep-seated issues in the distribution of value-added benefits reflected in the points of dispute are examined as follows: (1) the subject of the dispute faces judicial avoidance; (2) There is a game relationship in the value of subject rights; (3) it is difficult to quantitatively adjudicate under the existing allocation rules; (4) Institutional difficulties such as insufficient eligibility of applicable policies. Based on the conclusions of the above problems, this study proposes a judicial governance path for the realization of homestead value-added benefit distribution justice: the governance model is reorganized and optimized based on the purpose of realizing distributive justice; the value of rights throughout the process is integrated based on initial acquisition and redistribution; a multi-center linkage governance mechanism is constructed based on the coordination of homestead value-added benefit through all stages, which is supposed to provide an important reference for the judicial governance path for developing countries with similar difficulties, including China, to achieve justice in the distribution of land value-added benefit.

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Section: Selection and Description Of Materials And Methodsmentioning

confidence: 99%

Section: Fundingmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Research on Realization Mechanism of Land Value-Added Benefit Distribution Justice in Rural Homestead Disputes in China—Based on the Perspective of Judicial Governance

Dong

2023

Land

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“…Some scholars believe that the marketization of land transfer has brought about a rich "land system dividend", which is conducive to improving the efficiency of land resource allocation, thereby promoting high-quality economic development [9][10][11]. However, some other scholars believe that the market-oriented transfer of land obtained by the high-prices has brought about problems of land finance and high housing prices, which have had a negative impact on the quality of social and economic development and people's livelihoods [12][13][14]. It can be seen that there is still a lack of unified understanding of this issue in the academic community.…”

Section: Introductionmentioning

confidence: 99%

How the Marketization of Land Transfer Affects High-Quality Economic Development: Empirical Evidence from 284 Prefecture-Level Cities in China

Zhang

Zheng

2022

Sustainability

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The allocation of urban land from planned to market-oriented is an important part of China’s economic market-oriented reform, but its impact on high-quality economic development still lacks direct testing. Based on the data of prefecture-level city panels from 1999 to 2019, this paper analyzes the impact mechanism and effect of land transfer marketization on the high-quality development of urban economy by constructing multiple land transfer marketization indicators. The study found that the marketization of land transfer has a significant role in promoting high-quality economic development in the long run. The specific mechanism is that the marketization of land transfer affects the high-quality development of the economy through the financing effect and the resource allocation effect. The degree of marketization of land transfer can be increased, which can not only promote the expansion of production scale by increasing the degree of land capitalization and increasing the scale of urban financing, but also improve the efficiency of resource allocation by giving more effective play to the land price signal and guiding the combination of production factors to match more effectively. However, this paper also finds that the effect of land financing has a very complex impact on resource allocation, and the impact of financing in the primary and secondary land markets on the efficiency of resource allocation is generally completely different. The research results of this paper have rich policy implications and have practical reference value for evaluating and improving the current urban land transfer system. In the future, we should continue to improve the land transfer system in the direction of marketization, reduce the improper administrative interference of local governments in land transfer, improve the level of marketization of the primary land market, and further develop the secondary land market.

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Truncated Property Rights, Land Finance, and Grassroots Governments: A Case Study of Minor Property Rights Housing in Transitional China

Cited by 2 publications

References 21 publications

Research on Realization Mechanism of Land Value-Added Benefit Distribution Justice in Rural Homestead Disputes in China—Based on the Perspective of Judicial Governance

Research on Realization Mechanism of Land Value-Added Benefit Distribution Justice in Rural Homestead Disputes in China—Based on the Perspective of Judicial Governance

How the Marketization of Land Transfer Affects High-Quality Economic Development: Empirical Evidence from 284 Prefecture-Level Cities in China

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