Transformation of the Law on Farmland Transfer in China ─ From a Governance Perspective

This research addresses how to balance the 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. With the emphasis on the design of procedural rules, the lawmaking process and the enforcement of related law are expected to be improved. This calls for a transformation of the law on farmland transfer in China.