The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and ...The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and effectively promote the development of agricultural modernization.In the context of the reform of the"separation of three powers",the rural land property rights system still has problems in terms of ownership,use rights,disposal rights,and income rights,which affect the healthy development of agricultural modernization.In this situation,it is necessary to further clarify the subject of rural land ownership,thoroughly improve the right to use rural land,vigorously improve the right to dispose of rural land,effectively protect the right to benefit from rural land,and deeply promote the reform of the rural land property rights system in order to effectively promote the development of agricultural modernization.展开更多
The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly...The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.展开更多
In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the d...In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.展开更多
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
Plant derived natural fibers have been widely investigated as alternatives to synthetic fibers in reinforcing polymers.Researchers over the years have explored many plant fibers using different extraction processes to...Plant derived natural fibers have been widely investigated as alternatives to synthetic fibers in reinforcing polymers.Researchers over the years have explored many plant fibers using different extraction processes to study their physical,chemical,and mechanical properties.In this context,the present study relates to the extraction,characterization,and optimization of Typha angustata L.stem fibers.For this purpose,desirability functions and response surface methodology were applied to simultaneously optimize the diameter(D),linear density(LD);yield(Y),lignin fraction(L),and tenacity(T)of Typha stem fibers.Typha stems have been subjected to both alkali(NaOH)and enzymatic(pectinex ultra-SPL)treatments.Three levels of process variables including enzyme concentration(10,15,and 20 ml/L)and treatment duration(10,15,and 20 days)were used to design the experiments according to the factorial design.Experimental results were examined by analysis of variance and fitted to second order polynomial model using multiple regression analysis.The Derringer’s desirability function released that the values of process variables generating optimized diameter,linear density,yield,lignin ratio and tenacity are 20 ml/L and 20 days for concentration of pectinex ultra-SPL enzyme and treatment duration,respectively.Confirmation was performed and high degree of correlation was found between the experimental and statistical values.Moreover,the morphological structure has been investigated by the scanning electron microscope,showing a crenelated structure of ultimate fiber bundles of cellulose composing the Typha fiber.Compared to Typha stem non-treated fibers(TSNTF),Typha stem combined treated fibers(TSCTF),brings to improve mechanical properties.This change in mechanical properties is affected by modifying the fiber structure showing alpha cellulose of(66.86%)and lignin ratio of(10.83%)with a crystallinity index of(58.47%).展开更多
Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models o...Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.展开更多
The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and dut...The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.展开更多
In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify ...In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.展开更多
Governments' protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large exten...Governments' protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises? This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.展开更多
This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arran...This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arrangements,information provision and coordination mechanisms,property rights system,incentive system,and welfare system.Canada’s economic system significantly influences the development of the Canadian economy,and its economic system arrangements hold reference significance for other developed and developing countries.展开更多
On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washi...On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.展开更多
In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and th...In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.展开更多
Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional kno...Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.展开更多
In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and...In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.展开更多
Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,...Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.展开更多
Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food conc...Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla(perilla seed),cotton,linen and tiger nut(Cyperus esculentus).This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province,and analyzes the main problems of its inheritance,innovation and high-quality development under the strategy of strengthening the country with intellectual property.Finally,it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture,maintaining the biodiversity of crops,strengthening the creation of new plant varieties and breeding patents,and opening up the whole chain of intellectual property rights.展开更多
This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relation...This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.展开更多
Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,inc...Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.展开更多
The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and alloca...The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
基金Supported by Sichuan Science and Technology Program,Project of Sichuan Provincial Department of Science and Technology"Research on the Long-term Mechanism of Risk of Return to Poverty and Resilience Governance in Tibet-related Areas of Sichuan under the Rural Revitalization Strategy"(2022JDR0081)Research Project of Sichuan Minzu College"Research on the Reform of Rural Land Property Rights System and the Development of Agricultural Modernization under the Strategy of Rural Revitalization"(XYZB19004SA).
文摘The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and effectively promote the development of agricultural modernization.In the context of the reform of the"separation of three powers",the rural land property rights system still has problems in terms of ownership,use rights,disposal rights,and income rights,which affect the healthy development of agricultural modernization.In this situation,it is necessary to further clarify the subject of rural land ownership,thoroughly improve the right to use rural land,vigorously improve the right to dispose of rural land,effectively protect the right to benefit from rural land,and deeply promote the reform of the rural land property rights system in order to effectively promote the development of agricultural modernization.
文摘The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.
基金Supported by National Natural Science Foundation of China(41771565)Henan Provincial Government Decision-Making Research Bidding Project(2017B189).
文摘In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
文摘Plant derived natural fibers have been widely investigated as alternatives to synthetic fibers in reinforcing polymers.Researchers over the years have explored many plant fibers using different extraction processes to study their physical,chemical,and mechanical properties.In this context,the present study relates to the extraction,characterization,and optimization of Typha angustata L.stem fibers.For this purpose,desirability functions and response surface methodology were applied to simultaneously optimize the diameter(D),linear density(LD);yield(Y),lignin fraction(L),and tenacity(T)of Typha stem fibers.Typha stems have been subjected to both alkali(NaOH)and enzymatic(pectinex ultra-SPL)treatments.Three levels of process variables including enzyme concentration(10,15,and 20 ml/L)and treatment duration(10,15,and 20 days)were used to design the experiments according to the factorial design.Experimental results were examined by analysis of variance and fitted to second order polynomial model using multiple regression analysis.The Derringer’s desirability function released that the values of process variables generating optimized diameter,linear density,yield,lignin ratio and tenacity are 20 ml/L and 20 days for concentration of pectinex ultra-SPL enzyme and treatment duration,respectively.Confirmation was performed and high degree of correlation was found between the experimental and statistical values.Moreover,the morphological structure has been investigated by the scanning electron microscope,showing a crenelated structure of ultimate fiber bundles of cellulose composing the Typha fiber.Compared to Typha stem non-treated fibers(TSNTF),Typha stem combined treated fibers(TSCTF),brings to improve mechanical properties.This change in mechanical properties is affected by modifying the fiber structure showing alpha cellulose of(66.86%)and lignin ratio of(10.83%)with a crystallinity index of(58.47%).
基金Funded by National Science and Technology Support Program (2008BAJ08B19)"Research on the Reform and Practice of Rural Collective Land Property in Chongqing Municipality" of National Land Surveying and Planning Institute-funded Projects (2007102480006)
文摘Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.
文摘The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.
基金a phase achievement of Research on the Legal Problem of Third Party Infringing Contract Conclusion Interestsa general item under the national social sciences foundation(item number:16BFX1l0)Research on Expansion of Non-normative Provisions in Civil Legislation,one of the national subjects on rule of law and legal theory(item number:16SFB3031)
文摘In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.
文摘Governments' protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises? This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.
文摘This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arrangements,information provision and coordination mechanisms,property rights system,incentive system,and welfare system.Canada’s economic system significantly influences the development of the Canadian economy,and its economic system arrangements hold reference significance for other developed and developing countries.
文摘On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.
基金Supported by Major Project of the National Social Science Fund(13&ZD027)National Natural Science Foundation of China(41371177)the National Science and Technology Support Planning(2012BAJ22B03)~~
文摘In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)。
文摘Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.
文摘In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.
基金Supported by Youth Program of National Social Science Foundation of China(22CMZ015)。
文摘Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services (2022EDA060).
文摘Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla(perilla seed),cotton,linen and tiger nut(Cyperus esculentus).This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province,and analyzes the main problems of its inheritance,innovation and high-quality development under the strategy of strengthening the country with intellectual property.Finally,it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture,maintaining the biodiversity of crops,strengthening the creation of new plant varieties and breeding patents,and opening up the whole chain of intellectual property rights.
文摘This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services(2022EDA060).
文摘Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.
文摘The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.