The Way to Optimize the Right to Personal Data Portability in Chinese Practice——Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

Survey on the Peasants' Will of Forest Land Transfer in the Reform of Collective Forest Right System——On the Case of 180 Peasant Households in Lishui City of Zhejiang Province

Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the private treaty of forest land transfer is the main pattern of most peasant households, forest right trading market hasn't got wide approval in peasants, peasants' dependence on land is reducing, and so on. Through analysis, the reasons of influent transfer of forest land include peasant's subjective will, less type of transfer objects, dull information communication, big difference of expected price and imperfect development of intermediary organization. In order to promote a healthy development of forest land transfer, the paper puts forward proposals of strengthening policy publicity, improving system, identifying property right, pushing variety of transfer types, developing forest land market, cultivating subject of market and so on.

A Summary of Research on the Realization Process of "Separation of Three Rights" of Rural Land

In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.

The Infeasibility of Establishing Land Development Rights in China Based on the Path of Real Rights

Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.

The Transfer of Land Contractual Management Rights in Ethnic Village--A Case Study of Ya'ergou Village in the Ningxia Hui Autonomous Region

Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.

Study on the Theory and Method of Real Estate Property Right Appraisal

This paper first introduces the overview of real estate appraisal theory,the basic situation of real estate appraisal,the basic principles and characteristics of real estate appraisal,and three main appraisal methods.On this basis,the specific use scope of each method,the meaning of each parameter,and the influencing factors are analyzed.Then,based on the in-depth study of various existing appraisal theories and methods,a new appraisal method is proposed:the appraisal analysis method based on fuzzy analytic hierarchy process.

Experimental Study of Heat Transfer in a Real Scale Building Incorporating PCM in the Air Layer of the Vertical Walls

The purpose of this paper is to study the energy efficiency of a local living space exposed to solar radiation in the subtropical climate of Casablanca. The study was mainly focused on the contribution of a phase change material (PCM), inserted into a 7-cm thick air layer of a double brick wall, in two different locations. We note that the experimental study was conducted using two real-scale test cavities, located in the Faculty of Science Ain Chock-Casablanca. Two PCM mounting methods were used for the south and west walls, in order to test its energy efficiency as a storage and retrieval means of the solar flux coming from the outside. In the case of the southern wall, the PCM is put directly on the internal side of the outside part of the double wall (Case 1). For the west wall, the PCM is placed 1.2 cm away from the internal side of the outer part of the double wall (Case 2). The first result shows that the PCM placed to the wall allows storing the solar heat during the day and releasing it to the outside of the building at night. While in the second case, the PCM keeps the heat stored day and night.

Data Transfer Over the Internet for Real Time Applications

Efficient real time data exchange over the Internet plays a crucial role in the successful application of web-based systems. In this paper, a data transfer mechanism over the Internet is proposed for real time web based applications. The mechanism incorporates the eXtensible Markup Language （XML） and Hierarchical Data Format （HDF） to provide a flexible and efficient data format. Heterogeneous transfer data is classified into light and heavy data, which are stored using XML and HDF respectively; the HDF data format is then mapped to Java Document Object Model （JDOM） objects in XML in the Java environment. These JDOM data objects are sent across computer networks with the support of the Java Remote Method Invocation （RMI） data transfer infrastructure. Client＇s defined data priority levels are implemented in RMI, which guides a server to transfer data objects at different priorities. A remote monitoring system for an industrial reactor process simulator is used as a case study to illustrate the proposed data transfer mechanism.

The three-factor model of evaluating mining rights of coal resources based on options

Since mining rights of coal resources(for short MRCR) could be regarded as a multi-stage compound real option,the evaluation for MRCR can be better solved using op- tion theory than the NPV.In the former research,we developed a two-factor model of evaluating MRCR when the coal spot price and convenience yield are stochastic based on option theory.On the basis of this two-factor model,we set up a three-factor model of evaluating MRCR when the interest rate followed a stochastic process.Through a real example application,we found the model can get higher values than the two-factor model and the NPV.This is because considering the volatility of interest rate can improve the executive opportunity of MRCR.

The two-factor model of evaluating mining rights of coal resources based on options

MRCR could be regarded as a multi-stage compounding real option,based on option theory,assuming the convenience yield of coal reserves to be constant,built a one-factor model of valuating MRCR with the stochastic value of coal reserves.On the basis of our one-factor model,set up a two-factor model of evaluating MRCR assuming the convenience yield follows the mean-reverting process.When applied to valuate the MRCR of a coalmine,this model gives higher values than the one-factor model and the NPV.This is because the increase of convenience yield can improve the executive oppor- tunity of MRCR.

The Plights and Solutions of the Farmers' Land Rights Protection

The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.

Issues concerning Farmland Transfer in the Development of China's Agricultural Modernization——Based on the Survey of Farmers in 21 Townships of Sichuan Province

Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers' cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.

Optioning Water Rights:A Potential Alternative to the Hanjiang-Weihe River Water Transfer Project,China

China has started shifting from relying on supply management to demand management strategy in addressing its water shortage problems.Water option,a financial derivative for water commodity,has been utilized to manage water demands in the United States and Europe since the 1990 s but is still novel to China.In this study we analyzed the pros and cons of China’s existing system for water rights transfers and proposed an alternative,flexible trading instrument-water options for China.Incorporating the uncertainty to water option pricing,this study first conducted an empirical analysis of the water option in the water-receiving area of the Hanjiang-Weihe River Transfer Project of China,and then evaluated the benefits of the water option applications.Results show that water option trading can bring water cost saving and increase the potential industrially added value for industrial enterprises in the receiving area,and trading of short-and-medium term water options is more favorable than the long-term water options trading.The novel water option trading proposed in this study,once verified through pilot studies,will be helpful in addressing water shortage problems in China.

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.

Timberland Investing and Private Property Rights in the United States of America

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.

Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

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.

Evaluation of Right Ventricular Volume and Systolic Function by Real-time Three-dimensional Echocardiography

The optimal plane for measurement of the right ventricular (RV) volumes by real-time three-dimensional echocardiography (RT3DE) was determined and the feasibility and accuracy of RT3DE in studying RV systolic function was assessed. RV “Full volume” images were acquired by RT3DE in 22 healthy subjects. RV end-diastolic volumes (RVEDV) and end-systolic volumes (RVESV) were outlined using apical biplane, 4-plane, 8-plane, 16-plane offline separately. RVSV and RVEF were calculated. Meanwhile tricuspid annual systolic excursion (TASE) was measured by M-mode echo. LVSV was outlined by 2-D echo according to the biplane Simpson's rule. The results showed: (1) There was a good correlation between RVSV measured from series planes and LVSV from 2-D echo (r=0.73; r=0.69; r=0.63; r=0.66, P<0.25—0.0025); (2) There were significant differences between RVEDV in biplane and those in 4-, 8-, 16-plane (P<0.001). There was also difference between RV volume in 4-plane and that in 8-plane (P<0.05), but there was no significant difference between RV volume in 8-plane and that in 16-plane (P>0.05); (3) Inter-observers and intro-observers variability analysis showed that there were close agreements and relations for RV volumes (r=0.986, P<0.001; r=0.93, P<0.001); (4) There was a significantly positive correlation of TASE to RVSV and RVEF from RT3DE (r=0.83; r=0.90). So RV volume measures with RT3DE are rapid, accurate and reproducible. In view of RV's complex shape, apical 8-plane method is better in clinical use. It may allow early detection of RV systolic function.

Dynamic Characteristic Mechanism of Atrial Septal Defect Using Real-Time Three-Dimensional Echocardiography and Evaluation of Right Ventricular Functions

The dynamic characteristics of the area of the atrial septal defect（ASD） were evaluated using the technique of real-time three-dimensional echocardiography（RT 3DE）, the potential factors responsible for the dynamic characteristics of the area of ASD were observed, and the overall and local volume and functions of the patients with ASD were measured. RT 3DE was performed on the 27 normal controls and 28 patients with ASD. Based on the three-dimensional data workstations, the area of ASD was measured at P wave vertex, R wave vertex, T wave starting point, and T wave terminal point and in the T-P section. The right atrial volume in the same time phase of the cardiac cycle and the motion displacement distance of the tricuspid annulus in the corresponding period were measured. The measured value of the area of ASD was analyzed. The changes in the right atrial volume and the motion displacement distance of the tricuspid annulus in the normal control group and the ASD group were compared. The right ventricular ejection fractions in the normal control group and the ASD group were compared using the RT 3DE long-axis eight-plane（LA 8-plane） method. Real-time three-dimensional volume imaging was performed in the normal control group and ASD group（n=30）. The right ventricular inflow tract, outflow tract, cardiac apex muscular trabecula dilatation, end-systolic volume, overall dilatation, end-systolic volume, and appropriate local and overall ejection fractions in both two groups were measured with the four-dimensional right ventricular quantitative analysis method（4D RVQ） and compared. The overall right ventricular volume and the ejection fraction measured by the LA 8-plane method and 4D RVQ were subjected to a related analysis. Dynamic changes occurred to the area of ASD in the cardiac cycle. The rules for dynamic changes in the area of ASD and the rules for changes in the right atrial volume in the cardiac cycle were consistent. The maximum value of the changes in the right atrial volume occurred in the end-systolic period when the peak of the curve appeared. The minimum value of the changes occurred in the end-systolic period and was located at the lowest point of the volume variation curve. The area variation curve for ASD and the motion variation curve for the tricuspid annulus in the cardiac cycle were the same. The displacement of the tricuspid annulus exhibited directionality. The measured values of the area of ASD at P wave vertex, R wave vertex, T wave starting point, T wave terminal point and in the T-P section were properly correlated with the right atrial volume（P〈0.001）. The area of ASD and the motion displacement distance of the tricuspid annulus were negatively correlated（P〈0.05）. The right atrial volumes in the ASD group in the cardiac cycle in various time phases increased significantly as compared with those in the normal control group（P=0.0001）. The motion displacement distance of the tricuspid annulus decreased significantly in the ASD group as compared with that in the normal control group（P=0.043）. The right ventricular ejection fraction in the ASD group was lower than that in the normal control group（P=0.032）. The ejection fraction of the cardiac apex trabecula of the ASD patients was significantly lower than the ejection fractions of the right ventricular outflow tract and inflow tract and overall ejection fraction. The difference was statistically significant（P=0.005）. The right ventricular local and overall dilatation and end-systolic volumes in the ASD group increased significantly as compared with those in the normal control group（P=0.031）. The a RVEF and the overall ejection fraction decreased in the ASD group as compared with those in the normal control group（P=0.0005）. The dynamic changes in the area of ASD and the motion curves for the right atrial volume and tricuspid annulus have the same dynamic characteristics. RT 3DE can be used to accurately evaluate the local and overall volume and functions of the right ventricle. The local and overall volume loads of the right ventricle in the ASD patients increase significantly as compared with those of the normal people. The right ventricular cardiac apex and the overall systolic function decrease.

Empirical Analysis on Transfer and Limitation of Land Contractual Management Right

Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.