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The Impact of Changes of Property Rights on Farmland Use:An Empirical Study of China during Transition 被引量:1
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作者 Chen Zhigang Qu Futian Wang Qing 《Chinese Journal of Population,Resources and Environment》 北大核心 2007年第1期26-32,共7页
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
关键词 property rights institutional changes farmland use China
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Discussion on Registration Validity Doctrine of Housing Land Use Right
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作者 Wenli YU 《Asian Agricultural Research》 2013年第1期79-82,共4页
Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only... Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation. 展开更多
关键词 Real ESTATE REGISTRATION HOUSING Land use right Re
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Study on Circulation and Management of Rural Land Use Right
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作者 Wanjiang WANG 《Asian Agricultural Research》 2015年第11期68-71,共4页
Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing t... Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system. 展开更多
关键词 RURAL land use right CIRCULATION Regulation Increasing farmers’ INCOME
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The Application of Remote Sensing Monitoring Method and Groundwater Model for Water Rights Management in Haihe River basin
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作者 Lijuan Xue~1,Xinjun Zhu~(1,2),Songqiu Bo~3,Jianxin Li~3,Wei Li~3,Wei Yang~1 1.Tianjin Lonwin Network Science & Technology Development Co.Ltd,Tianjin 300181,China. 2.Key Laboratory of Water Cycle and Related land Surface Processes,Institute of Geographic Sciences and Natural Resources Research,Chinese Academy of Science,Beijing 100101,China 3.Haihe River Water Conservancy Commission of Ministry of Water Resources,Tianjin 300170,China 《地学前缘》 EI CAS CSCD 北大核心 2009年第S1期26-26,共1页
Groundwater is an important water resource in Haihe River basin,North China.The number of aquifers that appear to be declining under conditions of groundwater overdraft is increasing.To effectively manage the water re... Groundwater is an important water resource in Haihe River basin,North China.The number of aquifers that appear to be declining under conditions of groundwater overdraft is increasing.To effectively manage the water resources,there is a strong scientific need to analyze the net use of this important water resource and to quantify the water rights allocation for improved understanding of the future water 展开更多
关键词 REMOTE sensing monitoring GROUNDWATER model water rightS net GROUNDWATER use Haihe RIVER BASIN
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Timberland Investing and Private Property Rights in the United States of America
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作者 Caroline Harris Tom Harris Jacek Siry 《Open Journal of Forestry》 2020年第4期428-444,共17页
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
关键词 Forest Economics Property Law Property rights Private Land Ownership History of Forestry Alternative Asset Classes Premises Liability Recreational Land use Business Law Capital use Real Estate Title Rule of Law United States Constitutional Law Legal History
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Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise
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作者 Li Yinquan China Grain Research and Training Center, Beijing 100801, China 《Chinese Journal of Population,Resources and Environment》 北大核心 2005年第3期61-63,共3页
From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out th... From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee. 展开更多
关键词 environmental right for citizens the right to use environmental resources Company and enterprise
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Heritage Corridor Construction:New Idea for Protection of Heritage along the Right Bank of the Yalu River
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作者 TIAN Xiaoshu 《Journal of Landscape Research》 2016年第6期107-110,114,共5页
This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristi... This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristics of heritage corridor and is suitable for heritage corridor theory.For Liaoning and Jilin provinces integrating their tourism into the One Belt and One Road strategy,and promoting harmonious use of regional tourist resources,vigorous development of tourism,and targeted poverty alleviation through tourism,the heritage corridor construction is of profound significance. 展开更多
关键词 right bank of the Yalu River HERITAGE Heritage corridor Construction Protection and use
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Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability
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作者 李琛 CHANG Guohua(译) 《The Journal of Human Rights》 2022年第4期645-658,共14页
The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based... The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty. 展开更多
关键词 Marrakesh Treaty human rights model the person with disabilities COPYright fair use
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Exploring Potential of REDD+ Readiness with Social Safeguard through Diverse Forest Use Practices in Gunung Palung National Park in West Kalimantan, Indonesia 被引量:2
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作者 Toshihide Yoshikura Masahiro Amano Gusti Z. Anshari 《Open Journal of Forestry》 2018年第2期141-154,共14页
Implementation is expected to be a measure for sustainable forest management by providing benefit for forest users based on their efforts. Without careful attention for the social safeguard, the mechanism of reducing ... Implementation is expected to be a measure for sustainable forest management by providing benefit for forest users based on their efforts. Without careful attention for the social safeguard, the mechanism of reducing greenhouse gas emissions from deforestation and forest degradation with forest management (REDD+) might cause negative impact such as depriving of customary forest use rights under unclear tenure and forest use rights typical in Indonesia. This study aimed to explore how REDD+ Safeguard can be applied in readiness activities by analyzing practical forest use situations in a conservation forest, the Gunung Palung National Park as study site. From the results of the questionnaire survey and interviews, characteristics of forest users were identified and compared. The households, mostly Malays, practicing traditional durian collection, were recognized as main forest users depending on on-farm income especially from non-timber forest product (NTFP). Since the income structure is relatively low and unstable, some of them practice farming in forest area or sell their forest use rights to other households. They are inclined to be lack in legal farm land and certain forest use rights. Based on the findings, consideration for diverse forest users and potential readiness activities were discussed and proposed. For achieving REDD+ implementation with sustainable forest management and social safeguard, it will be necessary to respect for customary rights and take comprehensive measures as readiness efforts. 展开更多
关键词 REDD+ READINESS Safeguards FOREST GARDENING Gunung Palung National Park NTFP FOREST use rights
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Analysis of China's Oil and Gas Policy in 2015 被引量:1
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作者 Chen Jiaru 《China Oil & Gas》 CAS 2016年第1期8-15,共8页
The reforms in oil and gas sector have been accelerated in 2015. The reform of mineral rights has begun and 6 oil and gas exploration zones in Xinjiang Autonomous Region have served as the tender pilots, breaking thro... The reforms in oil and gas sector have been accelerated in 2015. The reform of mineral rights has begun and 6 oil and gas exploration zones in Xinjiang Autonomous Region have served as the tender pilots, breaking through the requirements on the resources varieties, exploration phase and enterprise qual!fication. The right of importing and using of the crude oil has been gradually relaxed and 13 local refineries have obtained the right to use imported crude oil of 55.1888 million tons per year. The natural gas price for non-residential use was unified and a universal price was set ~r the incremental supply and existing supply. Tire Shanghai Petroleum and Gas Exchange (SHPGX) was established and laid foundation for the market mechanism to detervnine the price. The government governance has undergone continuous adjustments such as regulating the tax instead of charging the fees, streamlining administration and delegating power to tire lower levels.The Guidelines on Deepening tire Reform of State-owned Enterprises was released, symbolizing the accomplishment of the overall planning ~ the SOE reform. 展开更多
关键词 REFORM Mineral right right of importing: Exporting and using of crude oil PRICING SOE reform
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A Contribution to a Better Understanding of Global Land Grabbing's Impact on Employment and Environmental Threats
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作者 Laura Castellucci Marco Arbia 《Journal of Agricultural Science and Technology(A)》 2017年第1期1-10,共10页
In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentrat... In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentration in Sub-Saharian Africa, have earned the phenomenon the name of "land grab". The agricultural sector considered a "sunset industry" when commodities prices were declining, is now attractive to financial investors. These foreign investments may be good as they may improve agricultural productivity or instead bad as they may benefit only financial investors. Some results in terms of environmental and local communities' worsening conditions have already emerged. This paper aims to investigate what drives the big size transfers of land, to empirically estimate their effects in terms of local employment and to assess the environmental effects produced by the rapid transformation in the use of vast amount of land in terms of CO2 emissions. It is also proposed to use the estimation in terms of local employment impact as a way of distinguishing between foreign direct investment and land grabbing. 展开更多
关键词 Land grabbing foreign direct investment land use change CONTRACTS land rights CO2 emissions.
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The Implementation of the Marrakesh Treaty in China:Theoretical Disputes and Institutional Arrangements
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作者 万勇 陈露 TIAN Tong(译) 《The Journal of Human Rights》 2022年第4期679-694,共16页
The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print di... The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements. 展开更多
关键词 Marrakesh Treaty human rights fair use accessible format
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Developing the Commons: Models of Rural Land Trust in China
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作者 Xuanyi Nie 《Sociology Study》 2021年第3期87-97,共11页
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
关键词 land trust rural development collective ownership agricultural land land use rights
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Partial portal vein arterialization using right gastroepiploic artery:A novel solution for portal hypoperfusion 被引量:1
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作者 Kin Pan Au Kenneth Siu Ho Chok +4 位作者 Sui Ling Sin James Yan Yue Fung Chung Mau Lo Vivian Way Kay Mok 《Hepatobiliary & Pancreatic Diseases International》 SCIE CAS CSCD 2018年第4期367-370,共4页
To the Editor:Establishing dual arterial and portal inflow is essential for liver transplantation[1].Inadequate portal inflow compromises graft function and graft survival[2].Portal hypoperfusion is usually a conseque... To the Editor:Establishing dual arterial and portal inflow is essential for liver transplantation[1].Inadequate portal inflow compromises graft function and graft survival[2].Portal hypoperfusion is usually a consequence of spontaneous portosystemic shunt,ligation of which 展开更多
关键词 In PVA Partial portal vein arterialization using right gastroepiploic artery
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The Implementation Mode of No-Fly Zones in International Relations
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作者 ZHAO Guangcheng 《Cultural and Religious Studies》 2023年第12期589-599,共11页
A No-Fly Zone(NFZ)is a unique mode of humanitarian intervention which is understudied in international relations.This article focuses on the political dimension of NFZs in international relations and investigates thei... A No-Fly Zone(NFZ)is a unique mode of humanitarian intervention which is understudied in international relations.This article focuses on the political dimension of NFZs in international relations and investigates their implementations by empirically reviewing all three cases of NFZs to date.There may be efforts by intervening states to highlight humanitarian crises among certain targets to secure UN authorization for the NFZs;yet the implementation of NFZs is also driven largely by the security interests of enforcing states.As a result,there is the potential for those states implementing NFZs to transcend legal authorization and sometimes use excessive force,with likely calamitous results for local populations,or in extreme cases,accomplishing regime change by supporting opposition parties in target states. 展开更多
关键词 No-Fly Zone humanitarian intervention limited use of force human rights international norm China’s diplomacy
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SECURITY OF USE RIGHT FOR FOREST LAND AND COMMUNITY FORESTRY-A Case Study of the CompensatedTransfer of Use Right over CollectiveWasteland in Yao'an County
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《Forestry and Society Newsletter》 1999年第2期10-14,共5页
1Background1.1BasicsituationofstudysiteYao'ancountyislocatedinthenorthwesternpartofcentralYunnanplateau.ItisoneoftheimportantgrainProductionbasecountiesofYunnanProvince.HanandYiarethemainethnicgroupsinthisprovince... 1Background1.1BasicsituationofstudysiteYao'ancountyislocatedinthenorthwesternpartofcentralYunnanplateau.ItisoneoftheimportantgrainProductionbasecountiesofYunnanProvince.HanandYiarethemainethnicgroupsinthisprovince.BanliuAdministrativeVillagebelongsto... 展开更多
关键词 OVER SECURITY of use right FOR FOREST Land and COMMUNITY FORESTRY-A Case Study of the CompensatedTransfer of use right over CollectiveWasteland in Yao’an County CASE
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Reflections and Practical Explorations of Rights in Street Design 被引量:2
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作者 Ge Yan Liu Jinxin(译) Liang Sisi(校) 《China City Planning Review》 CSCD 2019年第3期37-44,共8页
Street is the public resource of the city. While the street design is seemingly a technical means for physical space, essentially it is the redistribution of urban space rights. This paper argues that street design sh... Street is the public resource of the city. While the street design is seemingly a technical means for physical space, essentially it is the redistribution of urban space rights. This paper argues that street design should focus on the 'street right,' which can be divided into the right to pass and the right to stay, and it may as well be divided into permanent right and process right. Permanent right mainly includes property right and use right, and process right includes participation right and decision-making right. At present, there are many problems confronted by streets in China, such as uncoordinated division of property right between public and private parties, unfair spatial distribution neglecting the use right of slow traffic, less participation and no decision-making right for citizens during street design process, etc. Based on recent design practices in Shanghai, Xiamen, Shangyu, and several other cities, this paper explores strategies in terms of the coordination and integration of property right and space, fair distribution of street use right, and the public empowerment in street design. 展开更多
关键词 STREET design PERMANENT right process right property right use right PARTICIPATION right decision-making right practice
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分割数据产权的不适性——转向基于模块理论的数据持有权 被引量:5
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作者 马斌 《东方法学》 CSSCI 北大核心 2024年第1期47-57,共11页
在数据经济时代,释放数据价值的方式是利益相关者为共同目标而协作使用数据,并非分割数据的使用。因此,不可将数据二十条中涉数据产权内容理解为三权分置,这既不符合财产法原理也不符合数据价值创造和实现方式。就制度设计而言,应以模... 在数据经济时代,释放数据价值的方式是利益相关者为共同目标而协作使用数据,并非分割数据的使用。因此,不可将数据二十条中涉数据产权内容理解为三权分置,这既不符合财产法原理也不符合数据价值创造和实现方式。就制度设计而言,应以模块原理构建数据产权制度。模块原理是标准化思维的产物,是一种利益相关者协同治理的产权形态,可为各利益相关者和整个数据生态系统创造价值,此为分割产权所不能及。数据持有权是模块结构的应用产物,因其制度设计旨在激励利益相关者治理数据从而生产出可交易数据,与数据价值创造和实现方式相契合。其中,可交易数据的流通是连接整个模块的核心,数据持有权利规范是整个模块治理的核心。 展开更多
关键词 三权分置 数据持有权 数据生产者 利益相关者 模块结构 数据治理
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财产犯罪保护法益的抉择与实践展开:财产权利说 被引量:1
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作者 袁方 《河南财经政法大学学报》 CSSCI 2024年第1期121-131,共11页
关于财产犯罪保护法益,我国目前主要存在占有说、所有权说的对峙。其中,占有说对财产制度的理解流于形式,不当扩张犯罪圈的同时又导致处罚漏洞。所有权说只关注自物权,忽视他物权和债权,无法实现对财产权利的全面保护。应坚持将财产犯... 关于财产犯罪保护法益,我国目前主要存在占有说、所有权说的对峙。其中,占有说对财产制度的理解流于形式,不当扩张犯罪圈的同时又导致处罚漏洞。所有权说只关注自物权,忽视他物权和债权,无法实现对财产权利的全面保护。应坚持将财产犯罪的本质定义为对物权和债权不法侵害的财产权利说。该说在所有权人转移合法占有人财产的场合,能根据权利保护的相对性作出合理的出罪、入罪判断;当所有权人取回被行政机关扣押的财物时,将该种行为解释为与财产权利无涉的妨碍行政管理秩序的行为予以出罪;在违禁品犯罪的刑法处置中,根据违禁品的财产权利属性阙如,根据行为本身对社会秩序的侵害定罪量刑。 展开更多
关键词 占有说 所有权说 财产权利说 法益抉择
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过度维权与敲诈勒索罪的辨析——以限缩解释方法展开 被引量:1
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作者 张子晗 《中州大学学报》 2024年第1期44-50,共7页
过度维权与敲诈勒索罪在行为方式上存在相似之处,但前者的社会危害性明显低于后者,不应轻易界定为犯罪。为平衡个人权利与社会利益,辨析二者时应采取限缩解释方法,将符合条件的维权行为进行出罪处理。在法益层面,由于正当权利基础的存在... 过度维权与敲诈勒索罪在行为方式上存在相似之处,但前者的社会危害性明显低于后者,不应轻易界定为犯罪。为平衡个人权利与社会利益,辨析二者时应采取限缩解释方法,将符合条件的维权行为进行出罪处理。在法益层面,由于正当权利基础的存在,维权行为并未造成被害人的实质财产损失,不具有财产方面的法益侵害性。判定权利基础时应采取尽可能宽松的标准,不论是法定权利还是自然权利抑或道德权利,都能够成为合理的权利来源。在主观目的层面,充分的维权依据能够在一定程度上排除行为人的非法占有目的,只有当行为人主观上完全出于故意侵犯他人财产的恶意时,才能认定其目的上的非法性。索赔数额与非法占有目的之间没有必然联系,高额索赔只是行为人进行谈判的手段,应尊重当事人的意思自治。在客观行为层面,过度维权也可能采取胁迫手段,虽然不一定构成敲诈勒索罪,但可能满足其他犯罪的成立条件,对其依照相关规定处理即可。 展开更多
关键词 过度维权 敲诈勒索罪 正当权利基础 限缩解释 非法占有目的
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