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
Editorial Note I Reform of state-owned enterprises (SOEs) has always been an important issue in economic and state policy circles.Through 30 years of reform,beginning in1978,China’s SOEs have achieved remarkable succ...Editorial Note I Reform of state-owned enterprises (SOEs) has always been an important issue in economic and state policy circles.Through 30 years of reform,beginning in1978,China’s SOEs have achieved remarkable success.展开更多
The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European ...The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European Convention to an inflation of language used or misused by the Strasbourg Court to preserve the State's 'room for manoeuvre' or 'latitude of deference or error.' In this paper, I divide the concept of margin of appreciation into two categories: the substantive and structural concept. The Strasbourg Court usually generously defers to national decisions in structural scrutiny where it has to respect European pluralism and the collective interests of the contracting parties unless domestic decisions are regarded as 'manifestly unreasonable.' In contrast, the European Human Rights Court scrutinizes carefully in the substantive sense of margin of appreciation. Some factors or test approaches will be identified first, by which the Court substantively narrows or limits the scope of margin preserved for the States. The result of two conceptual margins of appreciation may be reciprocally transformed in some circumstances. When the collective good surely undermines the core of Convention rights, the Court will not stand with the domestic argument since it must ensure the implementation of pan-European human rights standards. On the other side, the Court has no capacity to further increase strict scrutiny in cases where there is a complicated relationship between the means and ends in the proportionality test, implying that domestic courts are better placed than the supranational court given the fact that they know better the local reality and have more local knowledge.展开更多
In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and div...In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.展开更多
General Secretary Xi Jinping’s important statements on respecting and protecting human rights have deepened the theoretical and practical cognition of the Communist party of China on human rights and opened up a new ...General Secretary Xi Jinping’s important statements on respecting and protecting human rights have deepened the theoretical and practical cognition of the Communist party of China on human rights and opened up a new realm of socialist human rights theory with Chinese characteristics. They are major original theories responding to the demands of the times to realize national rejuvenation, fundamental guidelines for the development of China’s human rights for a new era, the most comprehensive, systematic and scientific human rights theoretical system of the Cp C so far, and integral parts of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Fra. The essence of General Secretary Xi Jinping’s important statements on respecting and protecting human rights expound on the purpose, the path, the system, and the practice of human rights in China and offer valuable guidance for the development of the global human rights cause. General Secretary Xi Jinping’s important statements on respecting and protecting human rights establish a scientific guideline for the future development of human rights. They are of great significance to the promotion of broader and fuller enjoyment of human rights by the people, the realization of the great rejuvenation of the Chinese nation, the improvement of international influence of China’s discourse power on human rights, and the better development of the world human rights cause.展开更多
The Company Law of 1993 is important in protecting the interests of both companies and shareholders.But on stock right,it always arouses heated debate among scholars.Before the promulgation of New Company Law of 2006,...The Company Law of 1993 is important in protecting the interests of both companies and shareholders.But on stock right,it always arouses heated debate among scholars.Before the promulgation of New Company Law of 2006,varieties of theories of this issue have been formed.Through analyzing and refuting those theories,I try to clear the ambiguous definition by explaining the essence of right and comparing related right,so as to reach the conclusion that the stock right is only the changeable form of the ownership of shareholders.展开更多
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.
文摘Editorial Note I Reform of state-owned enterprises (SOEs) has always been an important issue in economic and state policy circles.Through 30 years of reform,beginning in1978,China’s SOEs have achieved remarkable success.
文摘The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European Convention to an inflation of language used or misused by the Strasbourg Court to preserve the State's 'room for manoeuvre' or 'latitude of deference or error.' In this paper, I divide the concept of margin of appreciation into two categories: the substantive and structural concept. The Strasbourg Court usually generously defers to national decisions in structural scrutiny where it has to respect European pluralism and the collective interests of the contracting parties unless domestic decisions are regarded as 'manifestly unreasonable.' In contrast, the European Human Rights Court scrutinizes carefully in the substantive sense of margin of appreciation. Some factors or test approaches will be identified first, by which the Court substantively narrows or limits the scope of margin preserved for the States. The result of two conceptual margins of appreciation may be reciprocally transformed in some circumstances. When the collective good surely undermines the core of Convention rights, the Court will not stand with the domestic argument since it must ensure the implementation of pan-European human rights standards. On the other side, the Court has no capacity to further increase strict scrutiny in cases where there is a complicated relationship between the means and ends in the proportionality test, implying that domestic courts are better placed than the supranational court given the fact that they know better the local reality and have more local knowledge.
文摘In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.
文摘General Secretary Xi Jinping’s important statements on respecting and protecting human rights have deepened the theoretical and practical cognition of the Communist party of China on human rights and opened up a new realm of socialist human rights theory with Chinese characteristics. They are major original theories responding to the demands of the times to realize national rejuvenation, fundamental guidelines for the development of China’s human rights for a new era, the most comprehensive, systematic and scientific human rights theoretical system of the Cp C so far, and integral parts of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Fra. The essence of General Secretary Xi Jinping’s important statements on respecting and protecting human rights expound on the purpose, the path, the system, and the practice of human rights in China and offer valuable guidance for the development of the global human rights cause. General Secretary Xi Jinping’s important statements on respecting and protecting human rights establish a scientific guideline for the future development of human rights. They are of great significance to the promotion of broader and fuller enjoyment of human rights by the people, the realization of the great rejuvenation of the Chinese nation, the improvement of international influence of China’s discourse power on human rights, and the better development of the world human rights cause.
文摘The Company Law of 1993 is important in protecting the interests of both companies and shareholders.But on stock right,it always arouses heated debate among scholars.Before the promulgation of New Company Law of 2006,varieties of theories of this issue have been formed.Through analyzing and refuting those theories,I try to clear the ambiguous definition by explaining the essence of right and comparing related right,so as to reach the conclusion that the stock right is only the changeable form of the ownership of shareholders.