China Aviation Law
30Nov/10Off

China’s Agricultural Land Use Policy: The growing tension between food security and economic growth.

This is the first draft of my Seattle Journal Of Environmental Law comment. While I have tried to stay true to the evidence, it is still a working paper. I'd appreciate any comments.

Casey DuBose

China's New Rice Bowl

Solving the problem of feeding around one billion people must be continually designated as a high priority in running the country well and maintaining peace.” State Council, 2009.

In 2007, the Chinese Communist Party (CCP) capped 30 years of economic liberalization with a revolutionary land law. This law, the Property Law of the People’s Republic of China, granted the private acquisition of land-use to both foreign and domestic private parties. Starting in 2008, agricultural collectives, which traditionally had limited ability to individually transfer their land use from agricultural to urban or industrial, began to contract their rights to non-agricultural developer, under a similarly revolutionary policy statement - Decision on Certain Issues Concerning the Advancement of Rural Reform and Development. These laws had the aim to help flatten the economic disparity between the increasing rich urban population and the increasingly marginalized peasant agricultural class. Their goal was to spur the development of modern agriculture and promote the construction of a “new socialist countryside.”

Unfortunately, the last 30 years of economic growth has taken a hard environmental and social toll on that countryside. Spurred by a great flood of cheap, migratory labor leaving the agricultural areas, and years of industrial development, agricultural land has been converted to residential, commercial and industrial land at an unprecedented rate.

This conversion, which has been accomplished through both legal and illegal means, has effected China's grain security, contributed to increased agricultural pollution, and created large groups of landless migratory workers. Existing laws have provided a framework to limit the conversion of agricultural land, but their language and enforcement is inadequate. Indeed, changes such as the 2008 Decision have inadvertently exacerbated a growing problem of agricultural land destruction. With available arable land at an all-time low and an ever-increased rate of conversion, the Chinese government must make the conservation and regulation of agricultural land a high priority.

Faced with this host of legal, environmental, economic and social problems, China has recently taken strong policy and administrative measures to stem the tide of agricultural land destruction. Recent policy statements by the State council, administrative regulations, and high-profile cases against domestic corporations are the beginnings of a crackdown on illegal use of agricultural land.

While some have argued that these changes are only a temporary crackdown and will not bring lasting solutions to China agricultural problems. I will argue these recent actions represent a shift from unregulated growth to a new era of agricultural modernization and environmental protection.

Continued after the break

21Nov/10Off

中共中央 国务院关于加大统筹城乡发展力度进一步夯实农业农村发展基础的若干意见

Opinions of CPC Central Committee and State Council on efforts to increase urban and rural development and further reinforce the foundation of agriculture and rural development.

新华社北京131日电

中共中央 国务院关于加大统筹城乡发展力度 进一步夯实农业农村发展基础的若干意见(20091231日)

2009年,是新世纪以来我国经济发展最为困难的一年。面对历史罕见国际金融危机的严重冲击,面对多年不遇自然灾害的重大考验,面对国内外农产品市场异常波动的不利影响,各地区各部门在党中央、国务院的坚强领导下,迎难而上,奋力拼搏,巩固和发展了农业农村好形势。粮食生产再获丰收,连续6年实现增产;农民工就业快速回升,农民收入连续6年较快增长;集体林权制度改革全面推进,农村体制创新取得新的突破;农村水电路气房建设继续加强,农民生产生活条件加快改变;农村教育、医疗、社保制度不断健全,农村民生状况明显改善;农村基层组织进一步巩固,农村社会和谐稳定。这为党和国家战胜困难、共克时艰赢得了战略主动,为保增长保民生保稳定提供了基础支撑。

Filed under: News Continue reading
15Nov/10Off

China’s National Land Use Policy Outline 全国土地利用总体规划纲要

So, while I'd like to keep this primarily an aviation law site. I am working on an article on agricultural land use in China. It was a real bear to find the full text of this document, and I hope it will be of use to anyone working in this area.

全国土地利用总体规划纲要 (2006-2020年)

目录

前言

第一章 土地利用面临的形势

第一节 土地利用现状

第二节 机遇与挑战

第二章 指导原则与目标任务

第一节 指导原则

第二节 规划目标

第三节 主要任务

第三章 保护和合理利用农用地

第一节 严格控制耕地流失

第二节 加大补充耕地力度

第三节 加强基本农田保护

第四节 强化耕地质量建设

第五节 统筹安排其他农用地

第四章 节约集约利用建设用地

第一节 严格控制建设用地规模

第二节 优化配置城镇工矿用地

第三节 整合规范农村建设用地

第四节 保障必要基础设施用地

第五节 加强建设用地空间管制

第五章 协调土地利用与生态建设

第一节 加强基础性生态用地保护

第二节 加大土地生态环境整治力度

第三节 因地制宜改善土地生态环境

第六章 统筹区域土地利用

第一节 明确区域土地利用方向

第二节 实施差别化的区域土地利用政策

第三节 加强省级土地利用调控

第七章 规划实施保障措施

第一节 加强规划对土地利用的整体控制

第二节 健全规划实施管理制度

第三节 完善规划实施的利益调节机制

第四节 加强规划实施的基础建设

第五节 推进规划民主决策

附表1:耕地保有量、基本农田保护面积指标

附表2:建设用地指标

附表3:园地指标

附表4:林地指标

附表5:牧草地指标

附表6:近期新增建设用地及补充耕地指标

前言

为了深入贯彻科学发展观,切实落实十分珍惜、合理利用土地和切实保护耕地的基本国策,更好地统筹土地资源的开发、利用和保护,促进国民经济又好又快发展,依据《中华人民共和国土地管理法》等法律法规和国家有关土地利用的方针、政策,在《全国土地利用总体规划纲要(1997-2010年)》基础上,制定《全国土地利用总体规划纲要(2006-2020年)》(以下简称《纲要》)。

《纲要》主要阐明规划期内国家土地利用战略,明确政府土地利用管理的主要目标、任务和政策,引导全社会保护和合理利用土地资源,是实行最严格土地管理制度的纲领性文件,是落实土地宏观调控和土地用途管制、规划城乡建设和各项建设的重要依据。

《纲要》以2005年为基期,以2020年为规划期末年。《纲要》的规划范围未包括香港特别行政区、澳门特别行政区和台湾省。


7Nov/10Off

Fake Logbooks and Chinese Safety

Fakepilot

China Begins Aviation Inquiry After Finding Fake Pilot Résumés

I highlighted this in an earlier post, but a recent discussion has popped up on linked-in about the issue: http://www.nytimes.com/2010/09/07/world/asia/07china.html?_r=1&ref=asia

I chimed in with my comments. These are my comments from the discussion.

Unfortunately, most of the Chinese pilots have neither the quantity or quality of time to make them safe pilots. The recent crash was flown by a crew who had never been to the airport, at night and in very low IFR. A pilot with experience would have thought twice before continuing down an approach in those conditions. Chinese pilots collectively have not gained sufficient meaningful experience to compete with the safety and standards of western pilots. I worked with many foreign captains who have been brought in to fly for Chinese airlines and their stories, while anecdotal, are quite frightening. First Officers who would sleep in the cockpit, check airmen who would smoke in the cockpit and airlines that prohibit first officers from landing the aircraft, but then promote them to captain without meaningful experience were among the examples I heard.

A few members of the group questioned my conclusions and I provide some insight on my trip back.

My experiences were from speaking with foreign and domestic pilots on the ground in China this summer. I worked for a pilot leasing company in China. My experiences, while I admit are anecdotal, were far from unsubstantiated. Specifically, SZA has a policy that prohibits Chinese first officers from landing A320 aircraft. I'd prefer not to name the specific airlines for the other two anecdotes, but they are airlines in the Hainan Group. I would agree that there are some talented Chinese captains in China. But, my experience is that the airlines are growing much too quickly and subsequently promoting first officers with very little time in the cockpit. In the Yichun crash, we have a captain who is doing his first flight into the airport. This was at night, in low ifr, and to a very short runway. Due to safety concerns, the other airline (China Southern) that flew into Yichun, decided it would not make night flights into this airport. This crash has all the indications of CFIT and dropping below the published minimums on an approach. In my opinion, those mistakes are indicative of a pilot with little experience/decision skills, and an organizational culture that prioritizes completing the flight (get-there-itis) over safety. As for the report in hand, if a FAA certified pilot had been found to falsify her flight record, she would immediately lose her employment and the FAA would revoke her license. (This was the case for an RJ pilot in the US a few years ago who falsified a weight and balance report). In CAAC case, we not a few pilots, but hundreds of Chinese pilots, all ex-military, falsifying their record and suffering no legal or professional ramifications. If the CAAC is this lenient with pilots, I fear for their relationship with aircraft manufacturing, maintenance and airline regulation. That all said - I believe we will see most of the problems in the privately held airlines like Henan (Kunpeng) and many of the Shanghai HQ'd airlines. Like the majors in the US, the State-owned airlines have the advantage of getting the most talented pilots and retaining them.

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