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性别和土地权利数据库

Japan

现行土地使用制度

- Freehold is the only type of property ownership (12).

- Although leasehold is not recognized as a form of tenure, there is a property holding system called land lease: tenants own the home and lease the land beneath it. In fact, land is regarded as a separate asset from building. A land lease is only granted under a provision that a different party from the actual landowner own the building (12).

- The number of established land-use rights and the area of farmland with those rights has increased. In 2006, out of a total of 199 000 ha of farm land under cultivation, 83 percent was leased, with a 3 percent increase over the previous year (7).

- In 2006, 63 percent of all land was owned by the private sector and 37 percent by the public sector. Individuals held 85.6 percent of land owned by the private sector, of which forestry and fields accounted for 42.3 percent, while paddy fields and cultivated lands accounted for 37.8 percent (12).
In 2007, owners of paddy fields and other cultivated lands were 9.92 million, down 0.4 percent from the previous year. Owners of forestry were 5.42 million, with no variations from the previous year (12).

执行土地相关法规的国家及地方机构

- The Agricultural Committee mediates in disputes regarding farm land, under the Agricultural Land Law. Upon receiving a claim, the Committee must conduct mediation for reconciliation. However, the Committee may ask for the intervention of the prefectural governor when the case is too difficult or improper to handle (13).

- The District Court of the  area where the disputed farmland is located, or the interested Summary Court also deal with farming and land disputes by means of arbitration, as provided by  the Civil Arbitration Law.

The District Court is generally the court of the first instance. The Summary Courts have jurisdiction over civil cases involving claims for amounts not exceeding 1 400 000 yen and criminal cases for offences punishable by fines or lighter punishment and (25).

土地管理机构及参与情况

- The Ministry of Land, Infrastructure and Transport (MLIT) promotes the use, development and conservation of land. The Ministry administers land for its efficient and proper use. MLIT produces development plans, including those related to agricultural land, and policies for the country’s land.

Under the Land and Water Bureau of the Ministry, the National Land Survey Division is responsible for cadrastal survey. The Division operates through offices in each prefecture and each municipality, (26).

- The Agricultural Committee is responsible for coordinating farm land usage. The Committee and the Prefectural Governor are the administrative agencies that approve all transfer of rights in agricultural land.

The Committee authorises acquisition of rights to farmland by people residing inside the limits of the municipality in which the land is located. The Governor is responsible for applications on the part of people residing outside the municipality where the land is located and acquisitions by corporations (13).

Women occupy 4.3 percent of the total agricultural committee members (27). The ratio of female members in agricultural committees increased from 0.74 percent in 1997 (28) to 4.3 percent in 2005 (29).

- The Civil Affairs Bureau of the Ministry of Justice, through its Legal Affairs Bureau, handles all matters concerning the registration of land and real estate, after permission has been issued and the transaction has taken place (27).

- The Ministry of Justice performs work concerning land transactions through the notaries public. The notary public prepares notarial deeds for legal acts and attests private deeds, under the Notary Law (30).

保障妇女土地权的资金及规定

- The Japan Agricultural Cooperatives (JA) Bank began offering Agribusiness Loans in 2005 to agricultural enterprises engaging in various activities, including rice, vegetable and livestock production, processing and sale. Through the Agricultural Equipment Loan and Greenhouse Loan, introduced in 2007, JA provides financing for agricultural equipment, greenhouses and other needs to its members (31).

- Under the Agricultural Modernisation Fund Assistance Law of 1961, agricultural cooperatives provide government-subsidised finance in the form of long-term, low-interest facility funds to member farmers undertaking agricultural management modernisation (32).

- No information was available on loans specifically targeted at women.

影响男女土地权差异的其他社会、经济和政治因素

- Farmers may be resistant to signing a Family management agreement, since they see it as a change in the traditional relationships among the members of the family (33). The Ministry of Agriculture, Forestry and Fishery (MAFF), local governments and cooperatives promote the Family management agreements as a means of supporting the shift to new family relations and the recognition of family members’ roles, including that of women (15).

- Inheritance of the family farming business has become less attractive to younger generations. Many children of farmers have off-farm jobs and, in some cases, work only par-time on the family farm (15).

- Female membership at agricultural cooperatives is low due to the fact that most cooperatives have a membership policy that allows only one member per household (34).

料来源: 括号 * 中的数目是指源示在参考目。