Detainees’ rights in pre-trial detention houses are a means of assessing a country’s human rights protection. As a legal facility for carrying out criminal detention, a pre-trial detention house should remain neutra...Detainees’ rights in pre-trial detention houses are a means of assessing a country’s human rights protection. As a legal facility for carrying out criminal detention, a pre-trial detention house should remain neutral and safeguard detainees’ substantive and procedural rights. It should be an important base for the country to respect and protect human rights. At the macro level, protecting detainees’ rights comprises two aspects: 1) procedural rights, regarding which the principle of presumption of innocence should be applied; and 2) detainee treatment, regarding which the principle of socialization should be applied. At the current stage of China’s rights protection situation, China should improve detainees’ rights, such as the right to have an individual bed, the rights to health care and religious freedom, rules regarding the use of legirons, and transparency and independent monitoring mechanisms.展开更多
This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilit...This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilitated access to housing for the salaried population,but it is far from contributing to the attainment of the right to housing.The research takes as case studies housing complexes located in the city of Tijuana,Baja California,Mexico.The analysis included a mixed methodology.Firstly,similar case studies were analyzed;secondly,a review of the Condominium Property Regime Law was carried out in order to understand its implications.In view of the pandemic situation,a virtual survey was applied to the inhabitants of these areas,as well as interviews with presidents of neighborhood committees of these complexes.From the above,it was found that this form of ownership generates conflicts,reflected in the dissatisfaction of the inhabitants with their housing,disagreements and controversies in their organization and coexistence.The inhabitants have to collectively solve the problems they face,related to the maintenance and use of common areas,insecurity,and cleanliness,among others.In addition,there is a lack of support from local authorities.With this,it is concluded that although the inhabitants have a space that solves their housing problem,it does not manage to be a space that adequately guarantees their right to housing.展开更多
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
Real estate has no doubt been a hottest topic during these years and the house price has also increased dramatically in China.Though,the government has taken measures to adjust the real estate market,the house price i...Real estate has no doubt been a hottest topic during these years and the house price has also increased dramatically in China.Though,the government has taken measures to adjust the real estate market,the house price is still far from what we can afford.However,in such circumstance,more and more young people rushes to buy houses.According to a report released by the China Everbright Bank and a real estate research firm in 2010;those applying for housing loans in Beijing have an average age of 27 years old,which is younger as compared to developed countries.The average age of first-time house buyers in the United Kingdom rose from 33 to 37 years old.In Japan and Germany,it is 42 years old,while it is 30 years old in the United States (Baoru,2010).Thus,the purpose of this paper is to analyze the reasons of the first-time house buyers becoming younger in culture aspect,through paper reviews published studies found in relevant journals,books and databases that can be accessed online via Google Reader and Google Books.展开更多
Protection of the right to housing is necessary for housing justice and satisfies the demand for adequate housing under international human rights conventions. This paper compares legal protections of the housing righ...Protection of the right to housing is necessary for housing justice and satisfies the demand for adequate housing under international human rights conventions. This paper compares legal protections of the housing right in Taiwan and China's Mainland, highlighting basic principles in Taiwan's 'Housing Act' and its problems. Taiwan's legislation may shed light on relevant legislation of China's Mainland.展开更多
文摘Detainees’ rights in pre-trial detention houses are a means of assessing a country’s human rights protection. As a legal facility for carrying out criminal detention, a pre-trial detention house should remain neutral and safeguard detainees’ substantive and procedural rights. It should be an important base for the country to respect and protect human rights. At the macro level, protecting detainees’ rights comprises two aspects: 1) procedural rights, regarding which the principle of presumption of innocence should be applied; and 2) detainee treatment, regarding which the principle of socialization should be applied. At the current stage of China’s rights protection situation, China should improve detainees’ rights, such as the right to have an individual bed, the rights to health care and religious freedom, rules regarding the use of legirons, and transparency and independent monitoring mechanisms.
文摘This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilitated access to housing for the salaried population,but it is far from contributing to the attainment of the right to housing.The research takes as case studies housing complexes located in the city of Tijuana,Baja California,Mexico.The analysis included a mixed methodology.Firstly,similar case studies were analyzed;secondly,a review of the Condominium Property Regime Law was carried out in order to understand its implications.In view of the pandemic situation,a virtual survey was applied to the inhabitants of these areas,as well as interviews with presidents of neighborhood committees of these complexes.From the above,it was found that this form of ownership generates conflicts,reflected in the dissatisfaction of the inhabitants with their housing,disagreements and controversies in their organization and coexistence.The inhabitants have to collectively solve the problems they face,related to the maintenance and use of common areas,insecurity,and cleanliness,among others.In addition,there is a lack of support from local authorities.With this,it is concluded that although the inhabitants have a space that solves their housing problem,it does not manage to be a space that adequately guarantees their right to housing.
基金Supported by Planning Project Launched by Humanities and Social Science in Ministry of Education(09YJA820052)General Project Launched by Social Science Planning in Shanghai (2010BJB003)
文摘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.
文摘Real estate has no doubt been a hottest topic during these years and the house price has also increased dramatically in China.Though,the government has taken measures to adjust the real estate market,the house price is still far from what we can afford.However,in such circumstance,more and more young people rushes to buy houses.According to a report released by the China Everbright Bank and a real estate research firm in 2010;those applying for housing loans in Beijing have an average age of 27 years old,which is younger as compared to developed countries.The average age of first-time house buyers in the United Kingdom rose from 33 to 37 years old.In Japan and Germany,it is 42 years old,while it is 30 years old in the United States (Baoru,2010).Thus,the purpose of this paper is to analyze the reasons of the first-time house buyers becoming younger in culture aspect,through paper reviews published studies found in relevant journals,books and databases that can be accessed online via Google Reader and Google Books.
文摘Protection of the right to housing is necessary for housing justice and satisfies the demand for adequate housing under international human rights conventions. This paper compares legal protections of the housing right in Taiwan and China's Mainland, highlighting basic principles in Taiwan's 'Housing Act' and its problems. Taiwan's legislation may shed light on relevant legislation of China's Mainland.