Study on the Definition and Allocation of the Rights to Water Utilization in the Ecological Environment

With the rapid development of population and economy, the conflict between the supply and demand of water resources is becoming outstanding increasingly, In China, many people concern about the problems of ecological environment water expenditure.However, owning to the shortage of water resources and indefinite water rights, “the hustle effect” of per capita water resource is appeared, Moreover. it caused a series of environment problems. This article differentiates and analyzes the relevant concepts about the ecological enviromnent, and puts forward the defined concept of the rights to the ecological environment water utilization. In addition, it points out the characteristic of those rights, and does elementary study on the allocation principle, methods, and steps on the rights.

Study on the Concept of Per Capita Cumulative Emissions and Allocation Options

Global long-term emission reduction targets need well defined options for equitable allocation of greenhouse gas emissions. Scholars from developing countries put forward the concept of equitable per capita cumulative emission rights. There are four possible operational definitions resulting from this concept. These potential options for allocation of emission rights are expressed with mathematical equations. Through simple simulation, this paper reveals the advantages, disadvantages and characteristics of each option.

Optimal allocation of land resources in the process of economic development

In this paper,the writer uses a mathematical model to analyze:a theoretical model of land resources optimal allocation with the constraint of sustainable development;equilibrium and defects of land resources allocation in a competitive market;and how effective governmental supervision can change the equilibrium in the market and promote the optimization of land resources allocation.The main points of this paper are:continuous and excessive conversions that change land resources from agricultural use to non-agricultural use in the process of economic development are economic rules;a competitive market is an important way to improve the efficiency of land resources allocation;effective governmental supervision can cover the shortage of market and promote the optimization of land resources allocation;a reasonable arrangement of land property rights can reduce the transaction costs of government management in optimizing land resources allocation;and,the targets of land resources optimal allocation are developing along with economic development.

Knowledge, Understanding and Attitude Toward Civic Rights and Duties in Administrative Affairs and People＇s Participation in Local Administration of Mahasarakham Municipality

This research aimed to study on the people and the local government. The samples were 395 respondents over 18 years old, selected locally of Mahasarakham Municipality, Thailand. The research found that the level of knowledge, understanding, and attitudes toward civic rights and duties of administrative affairs was at a high level but participation in the local administration was rated at a low level. The relationship between knowledge, understanding, and attitudes toward civic rights and duties of administrative affairs of the community was positive correlated. The relationship between knowledge and understanding toward civic rights and duties and participation in the community administration and the relationship between attitudes toward civic rights and duties in administrative affairs and participation in the local government administration were not correlated. Some recommendations were the local government organizations should promote and provide more information to build the right understandings and improve good attitudes toward civic rights and duties in administrative affairs. Local administrators and local leaders should play an important role to advocate and encourage public opinions toward a political ideology to ensure the public mind and make the vision ＂people-centered＂. Most importantly, the State shall pursue directive principles of State policies in relation to public participation.

Principal-subordinate hierarchical multi-objective programming model of initial water rights allocation

The principal-subordinate hierarchical multi-objective programming model of initial water rights allocation was developed based on the principle of coordinated and sustainable development of different regions and water sectors within a basin. With the precondition of strictly controlling maximum emissions rights, initial water rights were allocated between the first and the second levels of the hierarchy in order to promote fair and coordinated development across different regions of the basin and coordinated and efficient water use across different water sectors, realize the maximum comprehensive benefits to the basin, promote the unity of quantity and quality of initial water rights allocation, and eliminate water conflict across different regions and water sectors. According to interactive decision-making theory, a principal-subordinate hierarchical interactive iterative algorithm based on the satisfaction degree was developed and used to solve the initial water rights allocation model. A case study verified the validity of the model.

Review on the Study of the Allocation of Corporate Control in Enterprise Theory

With the establishment of a modem corporate system, the separation of ownership and management appears in the company. The rational allocation of corporate control between different behavioral agents has attracted more and more attention. This paper points out that scholars have studied the allocation of corporate control from the angles of the agency cost theory, property rights theory, corporate finance theory, and the theory of corporate governance, which has great value. However, the existing theories also have some flaws on the allocation of corporate control. First, people still have different understandings and views over the meaning of corporate control. Secondly, the existing research theoretically only observes and studies an arrangement of sheer level control, the allocation between final control and real control. This paper argues to build the two-tier allocation of corporate control： The first tier relation is between ultimate control rights and actual control rights, the second tier relation is between indirect control rights and direct control rights which are in actual control rights. This study can explain the resource allocation effects of corporate control, promote the development and improvement of the theory of the firm.

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.

A Cool Hand on My Feverish Forehead： An Even Better Samaritan and the Ethics of Abortion

The debate concerning abortion abounds in miraculous narratives. Judith Jarvis Thomson has contrived the most celebrated set among related ones, to wit the ＂violinist analogy,＂ the ＂Good Samaritan＂ narrative, and the ＂Henry Fonda＂ allegory, by virtue of which, she intends, on the one hand, to argue that women＇s right to autonomy outweighs the alleged fetus＇s right to life, and on the other, to prove that no positive moral duties can be derived towards other persons alone from the fact that a moral agent is ascribed certain rights. What this short paper endeavors to prove is that Thomson＇s argumentation by analogy is a weak one, since neither the number nor the relevance of similarities invoked is adequate or satisfactory, while crucial parameters concerning the morality of abortion are being totally overlooked.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

Economic Logic of Development and Value Basis of Reform of China’s Rural Land System

The historical changes of China’s rural land system show that the allocation of rural land rights,as the most important agricultural production relationship,has a huge effect on the development of productivity. The essence of the rural land system is the allocation of rights.At this stage,China’s agricultural development is facing a series of challenges such as agricultural modernization,food security issues and arable land issues,and the reform of the rural land system is imperative,of which the focus is still on the enrichment and deepening of rural land rights. Based on this,the decisive role of the market in the allocation of rights is introduced and brought into play. While striving for development and efficiency,attention must also be paid to the security function and fair value of rural land.

On the Duty of the Government to Safeguard the Right to Water

The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.

Interregional compensation for farmland protection:From the perspective of farmland allocation optimization

Interregional compensation for farmland protection(IRCFP)is a policy instrument for encouraging farmland protection through interregional fiscal transfer payments.Previous practices and studies on IRCFP have generally determined the payers and recipients of compensation based on the present distribution of farmland,and the compensation standards did not combine farmland development right value with farmland deficit and surplus,resulting in insignificant effects on farmland protection and even policy failure.Therefore,in this study,we proposed an interregional compensation mechanism for farmland protection based on farmland allocation optimization by considering 31 provincial-level regions in China.The results showed that(1)the determination of farmland surplus or deficit areas based on farmland allocation optimization met the regional construction land demand from the perspective of achieving food security.(2)The combination of the compensation value standard and cropland deficit and surplus had a positive effect on farmland protection.(3)Interregional compensation for farmland protection based on farmland allocation optimization can coordinate economic development,farmland protection,and ecological conservation.Finally,we discussed the rationality of interregional compensation for farmland protection based on farmland allocation optimization and designed the operation mechanism of IRCFP.

Improve the Government Strategic Petroleum Reserves

The potentiality that the current government strategic petroleum reserves (GSPRs) can be improved by the pre-allocation of GSPR drawing rights has been neglected. This paper proposes to pre-allocate the GSPR drawing rights, and proves that by doing this the efficiency of GSPR and the society’s incentive to finance GSPR can be improved. Particularly, the example demonstrates that the incentive improvement can be very significant. Since it takes huge expenditure on GSPR and it is very important to gain support from the consumers by improving GSPR, the proposal is quite worth considering.

Intergenerational Justice： Rights versus Fairness

Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones, Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified.

基于联合体双方异质性特征的EPC项目控制权配置模型研究

为确保联合体双方各自利益不受损的同时,实现项目效益最大化,EPC(Engineering-Procurement-Construction)项目控制权的合理配置成为关键。在考虑联合体双方异质性特征的基础上,构建EPC项目特定控制权与剩余控制权的配置模型,并对模型进行理论推导与假设检验。研究发现:联合体牵头者的身份能够有效抑制自利性投入行为;较高的决策偏好度会诱发自利性投入行为;特定控制权与剩余控制权配置区间的增加均会激发联合体双方的项目性投入;提高风险承受度而降低风险偏好度有利于减少设计方的自利性投入。研究成果为具有异质性特征的联合体成员间控制权的合理配置提供对策。

数字化转型与企业集团决策权配置

决策权配置对企业集团的生存与发展具有重要意义。在数字经济时代,企业集团的数字化转型将深刻改变决策权配置模式。本文构建理论模型并使用A股上市公司2011—2021年数据实证检验了数字化转型对企业集团决策权配置的影响。研究发现:数字化转型显著降低了企业集团决策权的集中度,促使决策权向子公司转移。在使用工具变量、DID以及PSM等多种稳健性检验方法后,主要结论仍然成立。渠道分析表明:数字化转型通过降低企业集团面临的不确定性以及降低子公司与母公司间的相对信息成本两条途径促使决策权向子公司转移。此外,数字化转型促进分权的效应在民营、子公司数量更少和子公司承担业务量更轻的企业集团中表现更为明显。本文的研究对公司治理具有重要意义,为数字时代企业集团决策权配置提供了理论与经验支撑。

我国用水权交易现状与制度构建

为促进《关于推进用水权改革的指导意见》提出的于2035年全面建立归属清晰、权责明确、流转顺畅、监管有效的用水权制度体系的工作目标,针对我国用水权交易仍存在初始分配制度不健全、交易定价机制不完备、用水监测计量与监管尚需加强的现状,分析了现行用水权交易制度存在的问题,在明确用水权交易内涵的基础上,提出用水权交易制度的构建应当利用哈贝马斯的商谈理论指导用水权初始分配,兼顾经济利益与生态利益构建标准多元、基准有别的定价机制,建立巡查与抽查制度完善的用水监测计量与监管的具体制度设计。

能源法的法权构造及其体系展开

能源法的核心范畴界定较为模糊,亟待澄清。基于能源权利与能源权力的交互性、能源公益与能源私益的均衡性、能源监管与能源市场的协调性等需求考量,法权可作为能源法的核心范畴。能源法法权结构可从本体论、运行论和价值论三个层面予以构造,形成体系化安排。本体论上,应以公民能源权利与国家能源权力的交互为基础,强调公民能源权作为法权结构的逻辑起点、以落脚为能源普遍服务的能源权力作为法权结构的基本保障;运行论上,应以能源合同作为法权结构运行的具体承载;价值论上,应以能源正义作为法权结构价值的最终目的。由此,可仰仗能源法的法权结构构筑能源法学体系。

农地资源市场配置法律机制的完善

我国以土地承包经营权和土地经营权为基础的农地市场配置的法律机制,既存在市场机制的固有缺陷,也存在农村集体经济组织和集体土地所有权缺位的特定性局限。为实现市场对农地资源的有效配置,需充分发挥农村集体经济组织的民事治理作用和政府的市场管理与调控作用。应当完善农地市场民事法律机制,明确农村集体经济组织介入农户承包地经营权流转的法律地位和权利,扩大农村集体经济组织流转土地经营权的范围,完善农村集体经济组织的监督权利。应当完善对农地市场的管理调控法律机制,更好地发挥政府在农地用途管制、农业补贴政策和价格调控、产业政策引导、健全市场服务体系以及营造良好市场环境等方面的作用。

《公司法》修改中治理制度的创新、不足及完善

组织设置不合理、权责配置失当、股东行权保障不足、信义义务内容过于抽象是引发我国公司治理实践出现诸多问题的症结所在。在《公司法》修改中,三份草案和修订案都赋予章程设定除股东会及董事会之外的其他公司组织的自主权。新法通过降低股东临时提案权行使门槛、优化知情权行使规则、细化信义义务内容等方式力保股东权行使顺畅。但优化后的公司治理制度仍然存在不足:审计委员会的职能内容、人员构成及保障独立性的手段不合理或缺失,股东提案审查、持股期限要求及救济途径不够具体,针对董事和控股股东的责任规则亟待完善。立法应明确审计委员会的监督职能,区分其与监事会的责权界限;规定股东会召集人作为提案审查主体,增设事前救济机制作为股东行权保障;确认控股股东在公司治理中的实质地位,并实行职权代行制度;还应通过立法强化控股股东的行权规范。