In consensus building process in medicine, it is said that it is crucial for its participants to understand why each stakeholder, patient, his/her family, physician, nurse, etc., in decision-making has his/her own opi...In consensus building process in medicine, it is said that it is crucial for its participants to understand why each stakeholder, patient, his/her family, physician, nurse, etc., in decision-making has his/her own opinion. In order to understand this condition more deeply, I develop the notion of ＂reason of opinion＂ to characterize the process as ＂prospective consensus building.＂ This prospective consensus building should satisfy the requirements of having ＂history of reason＂ and ＂list of risks.＂ The former requirement, history of reason, can be characterized by making clear when one started to form the reason of an opinion, how one formed the reason, what kind of relationship is supposed to be between the present opinion and its reason, and what kind of result is expected to come out after a decision making. The latter requirement, the list of risks, should display what kind of outcomes are supposed to come out in each alternative of the decision making. Prospective consensus building makes it possible, firstly, for the stakeholders to understand the patient＇s needs more deeply. For the patient, secondly, the each stakeholder would be able to become aware of his/her own sense of value and to confirm what he/she expects from the result of his/her decision-making. For all the stakeholders, thirdly, it would make it possible to decrease the amount of risks of misunderstanding and to share their expectations for their well-being. Finally, the stakeholders can reach a satisfactory consensus and find a way to the better solution.展开更多
In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed househ...In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.展开更多
文摘In consensus building process in medicine, it is said that it is crucial for its participants to understand why each stakeholder, patient, his/her family, physician, nurse, etc., in decision-making has his/her own opinion. In order to understand this condition more deeply, I develop the notion of ＂reason of opinion＂ to characterize the process as ＂prospective consensus building.＂ This prospective consensus building should satisfy the requirements of having ＂history of reason＂ and ＂list of risks.＂ The former requirement, history of reason, can be characterized by making clear when one started to form the reason of an opinion, how one formed the reason, what kind of relationship is supposed to be between the present opinion and its reason, and what kind of result is expected to come out after a decision making. The latter requirement, the list of risks, should display what kind of outcomes are supposed to come out in each alternative of the decision making. Prospective consensus building makes it possible, firstly, for the stakeholders to understand the patient＇s needs more deeply. For the patient, secondly, the each stakeholder would be able to become aware of his/her own sense of value and to confirm what he/she expects from the result of his/her decision-making. For all the stakeholders, thirdly, it would make it possible to decrease the amount of risks of misunderstanding and to share their expectations for their well-being. Finally, the stakeholders can reach a satisfactory consensus and find a way to the better solution.
文摘In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.
