A Probe into the Mortgage Rates of Land Contract Management Rights Based on Unified Annual Output Value

The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.

Contract System for Circulation of the Right to Rural Land Contractual Management

From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.

Justification and System Arrangement of Virtual Property Rights——Comments on Article No. 127 of General Provisions of the Civil Law

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.

Study on Transfer Problem of Contract and Management Right of Agricultural Land in Anhui Province

The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.

The Analysis of the Governance Effect of Chinese Public Corporation Based on Capital Structure

Under the existed system, the capital structure is the basis of the corporate governance, the structure of the corporate governance is the reflection of the capital structure. The choice of the capital structure decides the level of the corporate governance to a great degree. This paper discusses the governance effect of Chinese public corporation in the view of capital structure. At last, the author suggests that the government should change the state of state-owned stock which takes a great proportion, make the state-owned stocks and corporation stocks enter and circulate in the market, develop investment banks, promote the stockholder＇s rights to circulate and recombine, enhance the supervision and the management of the stock markets, perfect the mechanism of the market＇s operation, set up the mechanism of the way to protect to pay back the debt, perfect the system of bankruptcy and develop the way of bond-financing, offset the drawbacks of the indirect-financing among banks and so on. All of the advice was given to perfect the public company＇s capital structure and improve the efficiency of the corporate governance.

HRV changes before and after radiofrequency ablation in patients with different origin of right ventricular outflow tract ventricular premature contraction

Objective:To observe the HRV changes before and after the radiofrequency current catheter ablationventricular premature beats originated from different site of right ventricular outflow tract.Methods:A total of 102 patients with frequent RVOT-VPC admitted to our hospital were accepted radiofrequency current catheter ablation (RF). According to the origin of RVOT-VPC, it was divided into 2 groups, one is from ventricular septum, and the other one is from free wall, and in each group, male and female are observed separately.Results:(1) HRV before RF ablation: 1) rMSSD in the female patients with RVOT-VPC from free wall was significantly lower than those from septum;2) frequency domain index (W, LF) were higher than normal range, and in male patients, LF/HF<1 were found, but in female patients, LF/HF>1. (2) HRV after RF ablation: 1) Significant changes were found in female patients with RVOT-VPC from septum, rMSSD, PNN50, HF and LF decreased;2) In female patients with RVOT-VPC from free wall, rMSSD decreased;3) In male patients, there were no significant HRV changes found before and after RF ablation. (3) Heart rate changes: 1) In female patients with RVOT-VPC from septum, heart rate decreased significantly ((76.47±9.47) bpm vs (69.29±14.59) bpm)2) No significant changes were found in male patients.Conclusion:In patients with RVOT-PVC sympathetic and vagus excitability increased, and after catheter ablation, in female patients with RVOT-PVC originated from septum, the HRV index relating to sympathetic and vagus excitability significantly decreased.

Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China

EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.

Reform of Agricultural Land Transfer of Different Types of Farmers' Willingness

Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.

A Legal Structure for Limiting the Agency Cost of Stock Rights Transfer

The unilateral disposition of stock rights＇ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majority rule may infringe upon shareholders＇ fight of withdrawal, further weakening stock market constraints on senior management and indirectly raising the agency cost of management abuse of power for private ends. In creating a legal structure for stock rights transfer, we need to find an appropriate balance between freedom of contract, capital majority rule and reduction of agency costs. Judges should determine that the transfer of voting rights is invalid in order to ensure that voting rights match residual claim rights and maintain the constraints on senior management represented by shareholder voting rights. The general prohibition of stock fights transfer in the articles of association blocks shareholders＇ right of withdrawal; this is not conducive to restraining potential abuses of power on the part of senior management and should be made invalid. Judges must differentiate between long- and short-term contracts and the initial and revised clauses of the articles of association in order to distinguish between the efficacy of different arrangements limiting transfer of stock rights as laid down in the articles of association.

A Contribution to a Better Understanding of Global Land Grabbing＇s Impact on Employment and Environmental Threats

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.

论《合同编解释》对撤销权人的三重保护——以《合同编解释》第46条为中心

《合同编解释》第46条对债权人撤销权提供了三重保护,债权人可以在撤销权诉讼中同时请求相对人恢复原状或履行到期债务。这一规则使得撤销权诉讼可以兼具形成之诉与给付之诉的性质,但法院裁判仍应以债权人的请求为限,而不得在债权人未请求时直接判决给付内容。基于撤销权诉讼判决的给付内容,债权人可以在获得其与债务人的诉讼生效法律文书时,向相对人申请强制执行,并依撤销权诉讼中给付内容的性质可能需要适用有关代位执行的规定。在债务人具有多个债权人的场合,应当区分债权人是否获得撤销权中的给付判决,分别确定受偿规则。《合同编解释》第46条关于保全的规则并未突破一般诉讼保全规则,可从程序法上为撤销权人提供必要的保护。

劳动关系微分化视角下网约工劳动权益的法律保障

在算法技术与平台经济相得益彰共同推进数字经济向纵深方向发展的过程中,劳动关系日益呈现出微分化的演化趋势,使得以网约工为代表的新业态从业人员陷入了“身份不明确”的主体性危机与“权益保障难”的双重困境,不仅对传统的劳动从属基础性理论提出了新的挑战,而且也日益凸显现行法律制度供给不足的现状。基于网约工群体经济从属性、人格从属性与组织从属性微分化趋势之系统理论分析,科学审视与证成微分化视阈下具有劳动从属性的网约工“第三类劳动者”之身份,并将“内在经济与人格从属程度的差距均以外在劳动量的差别为表现形式”这一从属性微分化之核心作为识别与判定标准,对具有不同强度从属性的“第三类劳动者”给予不同程度的劳动法倾斜保护,希冀能平衡平台经济有序发展与网约工劳动权益合法保障之间的关系,为健全和完善我国劳动法律制度体系提供符合数字经济内在运行规律的科学立法选择。

论债权人撤销权的实现

债权人撤销权判决在不同场合下,或者具有回复物权的效力,或者具有请求返还不当得利的效力。对于前者,债务人可基于物权请求权要求相对人返还原物,撤销权判决因而获得了强制执行力。债务人若怠于追回原物,债权人可直接申请强制执行为相对人占有的财物。对于后者,债务人须另行主张权利,撤销权判决无强制执行力。债务人若怠于行使权利,债权人可代位提起返还不当得利等诉讼。当债务人与相对人借助诉讼方式诈害债权并获得了相关裁判文书时,债权人则只能借助第三人撤销之诉来保全债权。由于第三人撤销之诉判决本身不具备执行的条件,债务人若怠于追回其责任财产,债权人同样需要代位提起不当得利返还等诉讼,或者代位申请执行回转。

Agricultural Land Contract and Management Rights:Transferring Price and Countermeasures in Typical Agricultural Areas of China

Henan is a large agricultural province and one of China’s major grain-producing areas. Agricultural land transfer and large-scale operations will have a profound impact on regional economic development and food security. This is a case study taken in Xiwan village in Qinyang city, Henan. This paper builds a transferring pricing model using land use rights assessment and characteristic correction of land contract and management rights. Results show that the transferring price of land contract and management rights should include the economic price, social price and corrected price. The use of a price model should focus on the distinction of theory and practical application. If there is no change in agricultural project,the actual transferring price should be the sum of the economic price and social security price. If there is a change in agricultural projects,such as cropland into cash crops,the actual transferring price should be the sum of the economic price, social price and corrected price. Because of the complexity of income distribution following the transfer, transferring gains should follow a rational distribution in the outflow side, inflow side, managers and land owner. The government should establish reasonable and orderly contracted management of land circulation transferring and use this to build a land transferring price system.

土地经营权入股立法的反思与展望

自家庭联产承包责任制实施以来,关于农村土地承包经营权能否以入股等方式流转,在政策与法律层面经历了比较复杂的变迁过程。土地经营权入股在立法中得到确认是“三权分置”改革的重要成果之一,有利于在流转中更好地实现土地经营权的价值。土地经营权入股现行立法表达不规范、不统一,且与相关法律规定存在冲突,导致立法预期的实现受阻。以立法的基本原理来审视,立法用语不规范只是表面现象,土地经营权的性质不明才是立法困境的根源,对入股所致不利后果的担忧则进一步导致适用难题。实践中大量存在的“以租代转”、“名为入股、实为出租”现象表明,既有立法并不能有效满足土地经营权入股的需求,反而徒增解释与适用的混乱。为了弥合土地经营权入股的认知分歧,保持相关立法之间的协调,实现“三权分置”的立法目的,有必要在立法中统一相关表述,明确规定土地经营权的性质,移除土地经营权承载的不必要负担,让土地经营权真正成为“可以用货币估价并可以依法转让的非货币财产”,进而以“作价出资”取代“入股”。

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。

高校“非升即走”制度下教师权益保障困境及破解路径

随着“非升即走”成为我国高等学校教师聘任的主流制度,高校教师的权益保障问题在人事制度改革和相关立法中的重要性和紧迫性日益凸显。结合理论研究和司法实践来看,我国高校教师面临的权益保障困境主要表现为“学术青椒”的尴尬:在“非升即走”聘用合同签订前,高校教师的法律身份模糊;在签订合同时,高校教师的主体性尤其是平等参与权缺失;在履行合同中,高校教师权利救济渠道不畅。这些问题的主要原因在于“学术锦标赛”的异化:高校人事管理的相关法律内容模糊、高校办学自主权边界不清和“非升即走”制度的价值偏离。破解“非升即走”制度下高校教师权益保障的现实困境的关键在于学术生态的优化:国家层面应明确“非升即走”聘用合同是“具有行政要素的劳动合同”的法律属性,重构高校教师“兼具公权与私权性质的特殊劳动者”的法律身份,完善高校教师聘任的相关法律体系;高校层面应重塑“非升即走”的制度价值,充分发挥制度的激励和促进作用,完善“非升即走”制度内容及配套措施,健全教师权益保障机制。

乡村振兴战略下农村承包地“三权分置”的政策演进与研究综述

乡村振兴战略是新时代党对农村、农业、农民发展的新形势新任务新目标的重大判断,为新时代我国农业农村改革发展明确了重点、指明了方向。党的二十大报告进一步提出要“全面推进乡村振兴”。作为我国实现农业现代化建设和乡村振兴的必由之路,在乡村振兴战略实施的背景下“三权分置”制度的探索与实行必将得到深化。在乡村振兴战略下,明确实行“三权分置”的必要性,对乡村振兴和“三权分置”的政策演进和研究综述进行梳理,结合相关研究与实践中存在的问题,提出农村承包地“三权分置”研究的展望。

土地流转过程中农民权益保护研究

以土地承包经营权流转过程中农民权益保护为视角,从土地流转过程中农民主体地位、农民意愿的表达、流转收益分配、农民经济利益和生活环境情况等方面展开分析。从权利理论视角对土地流转过程中农民权益保护情况进行探讨,基于理论和实证的研究,从健全农村土地管理法规体系、完善农村土地产权制度、以市场机制为导向创新土地流转机制、大力发展农村土地流转服务、协调流转和耕地保护的关系、构建农村社会保障体系等方面提出完善建议,对深化农村土地制度改革、促进统筹城乡发展具有重要的现实意义和理论价值。