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.

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.

Trading Land Development Rights under a Planned Land Use System:The“Zhejiang Model”

China＇ s state planned land use system, including regulations such as setting planned quotas for land use, basic cropland preservation, and pursuing a balance between the conversion of arable land into non-agricultural use and the supplement of new agricultural land, has substantially constrained the economic growth of industrial provinces in China. This article explores the innovative reforms adopted by Zhejiang Province through land development rights （LDR） transfer within a locality and LDR trading across localities. We argue that there is a ＂Zhejiang model of LDR transferring and trading,＂ which, we believe, has significant implications not only for fostering an efficiency-enhancing market for land development rights and agricultural land preservation, but also for optimal use of land and a more balanced regional development. One important policy issue relating to China＇s rural land system is that under China＇ s land requisition system, farmers are usually under compensated for urban land-taking.

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.