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
Our fieldwork at S Banner in Inner Mongolia reveals that the implementation of the ecological migration policy is a social process involving joint participation of multiple social agents including the central governme...Our fieldwork at S Banner in Inner Mongolia reveals that the implementation of the ecological migration policy is a social process involving joint participation of multiple social agents including the central government, local governments, market elites, and farmers and herders. Behind these complex interactions is a network of power and interest constituted by government power, market power and the local people. Local governments function as a node joining different linkages in top-down ecological governance. Their dual role as ＂agent-managers of political power＂ and ＂profit-seeking managers of political power＂ leads to great uncertainty in the realization of environmental protection goals.展开更多
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.
文摘Our fieldwork at S Banner in Inner Mongolia reveals that the implementation of the ecological migration policy is a social process involving joint participation of multiple social agents including the central government, local governments, market elites, and farmers and herders. Behind these complex interactions is a network of power and interest constituted by government power, market power and the local people. Local governments function as a node joining different linkages in top-down ecological governance. Their dual role as ＂agent-managers of political power＂ and ＂profit-seeking managers of political power＂ leads to great uncertainty in the realization of environmental protection goals.
