Transformation of the law on farmland transfer in China
|PhD ceremony:||Ms L. Li|
|When:||January 07, 2016|
|Supervisors:||prof. mr. dr. L.C.A. (Leon) Verstappen, prof. mr. dr. W.D. (Wilbert) Kolkman|
|Where:||Academy building RUG|
The main question of this research is how to balance the private land rights and the public powers involved in the farmland transfer (in China) from a newly-defined governance perspective. Overall, two topics are highlighted. First, a governance perspective is introduced in government regulation of farmland transfer, with a view to striking a proper balance between private land rights and the regulatory power involved. Although (good) land governance has been promoted concerning the overall governance of land tenure as the development of a sustainable land administration system, the relationship between governance research and legal research has yet to be thoroughly discussed. 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. Furthermore, with the emphasis on the design of procedural rules, the lawmaking process and the enforcement of related law are expected to be improved under this governance perspective. Therefore, the second central topic of this research concerns the transformation of the law on farmland transfer in China. Specifically, this transformation is mainly reflected in the content of the relevant laws and regulations. On top of a further confirmation of the substantive rights of collective landholders in China, more procedural rules are needed to secure the exercise of these substantive rights.