日本における農地の耕作目的での権利移動と法規制―農 地賃借権を中心に

The main purpose of this study is to introduce and review the regulations on the sale and lease of farmland in Japan. Historically the emphasis of the regulations has been changed. The first stage is to establish the self-farming principle(farmland should be owned by cultivators) in the Farmland Act of 1952. At this stage, the owner of the farmland is the manager and the laborer of agriculture at the same time. The second stage is the appearance of policy of flowing farmland from the late 1950's for the large scale and efficient agricultural management. At this stage, flowing farmland is more dependant upon lease than upon sale, as can be seen in the Act on Maintenance of Agricultural Promotion Area of 1975 and Agricultural Land Use Promotion Act of 1980. These Acts make looser the requirements for the lease than the Farmland Act. The third stage is the introduction of policy of farmland accumulation from the early 1990's. At this stage Agricultural Land Use Promotion Act is replaced by the Act on Promotion of Strengthening of Farm Management Base of 1993. The latter accelerates lease to be accumulated by the certified farmer. Act on Promotion of Farmland Interim Management Project in 2014 also accelerates the policy of farmland accumulation. The fourth stage is the division of management and labor which appeared from the Farmland Act of 2009. At this stage agricultural self-working is not necessary for the lease under the certain conditions.