The strict limits on the financialization of agricultural land in the current legal system impede the development of rural finance. Objective needs have driven local governments＇ exploration of different modes of fin...The strict limits on the financialization of agricultural land in the current legal system impede the development of rural finance. Objective needs have driven local governments＇ exploration of different modes of financialization, providing samples we can analyze in connection with the next steps in institutional development. The financialization of agricultural land arises naturally from its nature as an asset. Whether one acknowledges the land＇s social security function does not affect its financialization. In institutional rebuilding, the particular character of mortgages on agricultural land should be considered. The mortgage-holder must be a financial organization, not a natural person or an ordinary finn. The person mortgaging the right to operate the land under the contract responsibility system need not have a stable non-agricultural occupation or stable source of income, or the consent of the party issuing the contract. Registration constitutes public notification of the setting up of a mortgage and is also the condition whereby it comes into effect. The mortgage cannot be realized by means of discounting, but compulsory management can be used to subcontractor let the relevant agricultural land. The debt can then be liquidated from this income and the land returned to the mortgagor.展开更多
In ancient China, in Xia, Shang and Zhou society, the relationship of subordination between the head of a state and the territories or fiefdoms of the nobles was not equivalent to the administrative relationship betwe...In ancient China, in Xia, Shang and Zhou society, the relationship of subordination between the head of a state and the territories or fiefdoms of the nobles was not equivalent to the administrative relationship between the central government and the localities under the system of prefectures and counties introduced in Qin and Han times. Any theory of state formation based solely on a four-tiered settlement hierarchy is limited; it fails to explain the essential question of whether a state has come into being, and thus cannot be regarded as a criterion for judgment. It is true that in integrating settlement archaeology with social morphology in research on the origins of the ancient state and civilization, we need to classify settlement hierarchies. At the same time, however, we still need to conduct extensive research into the appearance of prehistoric social organizations, hierarchies, strata and classes, as well as the evolution of the nature of power, etc. Therefore, it is the emergence of strata and classes and the establishment of a coercive power that stands over and above society that are the mostcharacteristic indicators of state formation. Further, we can provide archaeological grounds and materialized forms for this approach, which thus possesses operability.展开更多
基金a phased result of the General Program of National Study of Rule of Law and Law Theory"Study of the Law and Regulations concerning the Innovation of Financial Guarantee"(12SF20138)the Philosophy and Social Sciences Key R&D Project of the Ministry of Education"Study of Accelerating Legal Guarantee for Non-public Financial Institutions(13JD012)
文摘The strict limits on the financialization of agricultural land in the current legal system impede the development of rural finance. Objective needs have driven local governments＇ exploration of different modes of financialization, providing samples we can analyze in connection with the next steps in institutional development. The financialization of agricultural land arises naturally from its nature as an asset. Whether one acknowledges the land＇s social security function does not affect its financialization. In institutional rebuilding, the particular character of mortgages on agricultural land should be considered. The mortgage-holder must be a financial organization, not a natural person or an ordinary finn. The person mortgaging the right to operate the land under the contract responsibility system need not have a stable non-agricultural occupation or stable source of income, or the consent of the party issuing the contract. Registration constitutes public notification of the setting up of a mortgage and is also the condition whereby it comes into effect. The mortgage cannot be realized by means of discounting, but compulsory management can be used to subcontractor let the relevant agricultural land. The debt can then be liquidated from this income and the land returned to the mortgagor.
文摘In ancient China, in Xia, Shang and Zhou society, the relationship of subordination between the head of a state and the territories or fiefdoms of the nobles was not equivalent to the administrative relationship between the central government and the localities under the system of prefectures and counties introduced in Qin and Han times. Any theory of state formation based solely on a four-tiered settlement hierarchy is limited; it fails to explain the essential question of whether a state has come into being, and thus cannot be regarded as a criterion for judgment. It is true that in integrating settlement archaeology with social morphology in research on the origins of the ancient state and civilization, we need to classify settlement hierarchies. At the same time, however, we still need to conduct extensive research into the appearance of prehistoric social organizations, hierarchies, strata and classes, as well as the evolution of the nature of power, etc. Therefore, it is the emergence of strata and classes and the establishment of a coercive power that stands over and above society that are the mostcharacteristic indicators of state formation. Further, we can provide archaeological grounds and materialized forms for this approach, which thus possesses operability.
