宪法权利的经济法维护——以消费者结社权为例

作为国家的根本大法,宪法要求任何法律部门为其贯彻落实开辟道路,经济法也不例外。经济法在保障现代市场经济健康有序发展的同时,也实现着宪法中的公民权利。经济法对宪法权利的维护存在细化维护与转化维护两种方式。本文以结社自由中的消费者结社权为例,将宪法权利如何在经济法中加以落实进行解读,再次印证经济法对宪法权利的维护是有路径可循的。经济法的权利维护与宪法精神一脉相承,经济法的权利本身来源于宪法,并将之运用到市场经济的法治化运行中不断完善。

经济型农会的法治构建

在现代社会,要想把小农生产与现代市场经济有机结合起来,就需要将个体化的农民组成经济型农会。经济型农会在性质上是经济性结社自由,具有经济和教育功能,其可行性在于域外的农会在发展农业方面有巨大促进作用,而且设立农会也符合我国的农业政策。要构建经济型农会,需要从政府支持和帮助农民组建经济型农会,并引导农民专业合作社和农民有序加入;构建经济型农会的组织体系;给县级政府农业管理部门新增职能和制定《农会法》等方面进行。

Correlation Between Economic Development Level and Landscape Pattern in Beijing Peri-urban Areas

With the rapid changes of demographic and socio-economic structure, various ecological and environmental problems have emerged in peri-urban areas. Studies on the correlation between socio-economic development and eco-environmental preservation are inadequate. This paper analyzes the landscape pattern of peri-urban areas to address this issue. First, it studies the differentiation of economic development levels in Beijing peri-urban areas. Then, it explores the correlation between economic development level of each town and its landscape pattern using Pearson Correlation and grade difference indices. Furthermore, it summarizes the problems within current landscape pattern. Three conclusions are drawn from the analysis: (1) on the whole, the economic de- velopment level in Beijing peri-urban areas basically matches with landscape pattern; (2) landscape contagion degree decreases with the growth of economic development level in as much as 30% of Beijing peri-urban areas. This is an irrational phenomenon accord- ing to our judgment; (3) landscape fragmentation grades in more than half of the towns are higher than their economic development grades, suggesting that attention should be paid to excessive fragmentation of land use.

Socioeconomic impact of urban redevelopment in inner city of Ningbo

Since market-oriented economy reform, China has experienced significant changes in urban landscapes and the internal structure of cities. Housing marketization provides an opportunity for households to choose their residences. However, not all households benefit equally from residential relocation. Residential relocation in urban China has relatively strong association with the household’s position within the spectrum from state redistribution to market reward than with life cycles and consequent adjustment of housing demand, which are the primary reasons for residential mobility in a mature market. In this research we focused on social aspects, mainly relating to the impact of urban redevelopment in inner city of Ningbo and the resultant potential housing problem. This research is based on a questionnaire survey that was conducted in three neighborhoods redeveloped at different time periods in the past fifteen years. The findings suggest that new strategy of redevelopment of the integrated envi-ronment of the old city while still improving the living condition for its residents can be heard due to the efforts of many people at various positions. Yet, many things need to be done to change people’s ideas: information and education through newspapers, academic discussions through academic journals, conferences, and reports to decision makers.

Tourism versus nature conservation: reconciliation of common interests and objectives——an analysis through Picos de Europa National Park

Nature tourism and particularly tourism in national parks have acquired significant importance in contemporary societies. Post-Fordist consumers have reevaluated the meanings of ‘nature' and ‘natural spaces' and now avoid standardization to seek singularity. Tourism in national parks is a consequence of this tendency and has both positive and negative aspects. The purpose of this sociological research is to describe the most relevant conflicts in the Picos de Europa National Park(Spain) involving the park's conservation, local economic development,and tourism. Seven in-depth interviews and three focus groups were addressed to key local stakeholders.In this research were identified three chief areas of existing or potential inter-related conflicts and the main actors interacting with them. The first is on population, particularly, the negative consequences of depopulations on the local socio-economic development and the environment. A second source of conflicts identified is caused by the difficult conciliation between commercial exploitation and conservation of the protected natural area. More precisely, this specific form of tourism positively contributes to the economy of local communities whilst problems can arise for the conservation goals of National Parks. Thirdly, in this research is also analyzed the institutional governance and the inter and intra-governmental conflicts as well as with the Park's management body. These findings provide important information for the improved management of tourism and conflicting interests in natural parks.

Analysis on the Causes of the Plight of Chinese Rural Migrant Workers＇ Endowment Insurance

At present, Chinese society is from traditional society to modern society in transition to accelerate, in the social, political, and economic structure, great changes have taken place; due to strong liquidity, migrant workers＇ groups in social security, are still in the stage of development, and there are still a lot of problems, especially the problem of endowment insurance. Although local governments develop the old-age insurance of migrant workers with their own characteristics, and have their respective advantages, but the effect is not ideal, as follows： ＂one low and one high＂, namely the migrant workers＇ participation rate was low and the insurance of migrant workers was ＂high rate of surrender＂. The reason is both within the Chinese social transformation factors, and external economic globalization competition; both obiectively, government policy implementation is not in place, and subjectively, migrant workers lack insured willing.

Spatial-temporal Characteristics of Land Use Intensity of Coastal Zone in China During 2000–2010

Based on remote sensing and GIS techniques, land use maps in 2000, 2005 and 2010 in China′s coastal zone were produced, and structural raster data of land use were further generated to calculate land use intensity comprehensive index(LUICI) for analyzing land use spatial-temporal characteristics at 1 km scale. Results show that: 1) from the perspective of spatial patterns of landforms at a macro scale, there is a significant difference in land use intensity between the north and the south of China′s coastal zone. Hotspots of changes mainly concentrated in metropolitan areas, estuaries and coastal wetlands; 2) elevation is an important factor that controlling land use spatial patterns at local scale. Land use intensity is much higher within areas below the elevation of 400 m and it decreased significantly as the elevation increasing; 3) there is a significant land-ocean gradient for land use intensity, which is low in island and near-shore areas, but high in the regions that 4–30 km far away the coastline because of much intensive human activities; however, in recent decades land use intensity had been promoted significantly in low near-shore area due to extensive sea reclamations; 4) significant differences of land use intensity were also found among provincial administrative units. A rising trend of land use intensity was found in provincial-level administrative units from 2000 to 2010. To sum up, elevation, land-ocean gradient, socio-economic status and policy are all influencing factors to the spatial patterns and temporal variations of land use intensity in China′s coastal zone.

Knowledge and Social Capital： Drivers for Sustainable Local Growth

This paper presents a knowledge resources perspective for territorial competitiveness and sustainability. The latter is defined as a pathway promoted by a plurality of public and private actors, in the for-profit and non-profit sectors, who find that relationships and social cohesion are the drivers for the construction of shared territorial governance. This study integrates an extensive literature review with data from longitudinal empirical research. Authors have adopted the methodology of qualitative research-based case study. In particular, this paper focused the analysis on a project of territorial governance promoted in the Marches region of Italy. This region was selected as a case study, because it is emblematic of the Italian context; the territory is characterized by small businesses diffused throughout the socio-economic fabric and by the proactive role taken by local governments. The perspective offers a powerful instrument for raising awareness of the gaps that local policymakers should address through their initiatives in the knowledge economy.

Structural Reform Holds the Key to Reducing Social Financing Cost

In the last couple of years, social financing costs have shot up in China despite an overall capital abundance and increasing market-based capital allocation. This paper has investigated overall financial cost and capital cost ratio as two measurements of financing cost, compared financing costs of different channels, examined the relationship of risk premium, financial repression, interest rate liberalization, and resource occupation versus financing cost, and addressed the problem of high non-manufacturing cost. On such a basis, specific countermeasures have been proposed. The main conclusion of this paper is： The current high social financing costs primarily result from economic structural imbalance. The fundamental solution lies in continuing structural reform and credibility system development to eliminate barriers in the transmission of capital circulation policies such as expanding equity financing, relaxing market access formalities for small and micro financial institutions, and improving the bankruptcy system to give full play to the ＂survival of the fittest＂ mechanism of the market.

Scientific Land Reform in Nepal： Question of Equity and Efficiency

Scientific Land Reform is at centre of decades＇ conflict and even during Peace Process in Nepal. In this regards, land reform attempts to address equity and efficiency so as to address historical inequity and injustices for promoting peace process in Nepal. From equity perspective, landlessness, unequal power structure and social relation, injustices and discrimination for long centuries are key land issues. Along with this, economic efficiency is the fundamental for enhancing agricultural growth leading to economic growth. In particular, this article argues that, in the given prevailing condition, i.e. traditional and subsistence and rampant rural poverty and unequal power structure and injustices, small farms perform better leading to food and livelihood security at household level. Consequently, ＇Scientific Land Reform＇ has been defined by taking into account the essence of equity and efficiency.

The Fatherhood Premium： Mirage or Reality？ How Do Occupational Characteristics Matter

A differential fatherhood premium exists among selected groups of fathers of various socio-economic backgrounds. Besides marital status, residential arrangement, biological paternity, and other demographic dimensions, the mechanisms associated with fathers＇ structural characteristics of work that produce divergent labor market outcomes are less well understood. The authors leveraged the cases of productivity and specialization, family and responsibility, and compensating differentials and examined the impacts of work context and occupational characteristics on the pay gap between fathers and non-fathers Based on joint data from the 1997-2015 National Longitudinal Survey of Youth （NLSY97） and Occupational Information Network （O＇NET） （n -- 37,138）, the authors used fixed-effects models to estimate the associations between job features and the fatherhood premium. The regression results showed that occupations entailing competition and requiring on-the-job training are associated with more wage bonus; occupations offering inflexible schedule are associated with less wage gain These work-related characteristics further emphasize fathers＇ work structure and context, human capital accumulation, and work-family conflict. Overall, these findings are consistent with the theoretical perspectives of productivity and specialization and compensating differentials, adding new evidences to the structural explanations of the fatherhood premium.

Research on spirit and culture of the elderly life under the multiple responsibility

With the transformation of population age structure and the extension of life expectancy, China has entered a rapid aging period. With development of social economy and the social security systcn~ the elderly spiritual and cultural needs is becoming more and more importantly. To the government, enterprise, society community, family and themselves, enriching the spirit and culture of the elderly life is a higher level of challenge.

Smallholder Pigs Production Systems in Tanzania

Pig production is becoming increasingly important in Mbozi and Mbeya rural districts to characterise smallholder pig Eastern Africa in recent years. Two studies were carried out in production systems and associated pig management practises. A participatory rural appraisal （PRA）, involving 279 pigs-keeping households in nine villages and a cross sectional survey using a random sample of 300 pig farmers in 30 villages of the study districts, were used to collect data. Important economic activities were crop farming, livestock keeping, petty business, casual labour and artisan works in that order. The mean farm size and number of pigs per household was 2 ± 2.7 ha and 4.9 ±4.2 pigs, respectively. The largest categories of pig herd structure were breeding females followed by piglets. Age, marital status, household size and land size of household head had significant influence on the pig herd size （P 〈 0.05）. Pig farmers practised three main types of pig management systems, namely, total confinement, semi confinement and free range/herding. Each system had specific management practices in relation to feeding and housing. The frequencies of these systems varied significantly （P 〈 0.01） by socio-economic factors, such as, educational status of household head, land size and herd sizes of pigs, goats and cattle. The authors recommend effective use of locally available resources and careful consideration of existing farming systems for sustainable development of smallholder pig production.

China's Mini-Stimulus Policy:Effects and Defects

China＇s mini-stimulus policy is justi^ed for some proven effects on economic stabilization. However, the policy should not be used on regular, long-term base. Mini- stimulus economic policy is still essentially investment-driven and by nature no different from the four trillion yuan stimulus package introduced in the aftermath of the global financial crisis of 2008. The policy strength of mini-stimulus packages the Chinese government resorted to has already accumulated to ascend to quite an extent. Further, ministimulus policy cannot stabilize growth and promote economic restructuring simultaneously. In fact, its effects on restructuring are short-term and may even be negative. Additionally, the diminishing potency of China＇s mini-stimulus policy efforts may force the government to resort to another hefty stimulus package with severe side effects. In the final analysis, it is social policy not economic stimuli that will help the Chinese economy achieve a soft landing.

Leadership, Control Mechanisms and Networks for Sustainable Fishing

The purpose of this article was to analyse how fisheries governance can be improved when there is low enforcement capacity by state＇s institutions. Based on the theoretical arguments from the neo-institutionalism and the social capital approaches, the findings of this research point to the role of fishing cooperatives＇ structural organization on the attitude of individuals to comply with regulations. Using a most similar comparative method, it was found that fishers with higher scores of compliance belong to cooperatives that have an outstanding leader, control mechanisms, as well as multi-actor external networks which connect the organization with other networks and thus facilitate the access to knowledge, technology and activities related to conservation and sustainable fishing. The findings of the research coincide with other studies about the importance of leadership that enable good fishing management. This may help in the design of different strategies to address situations with low state capacity to ensure compliance and contribute to solve problems of commons, such as the one in marine fisheries.

Environmental Nexus： and You Will Know Us by Our Places

The paper investigates the places of an urban region inside a Biosphere Reserve in southern Brazil and explores the potentialities for synergies between their biological and sociocultural systems. It assumes： （i） the perception of their regional rootedness works beneficially for enhancing sustainability; （ii） current progress in place＇s conceptualization helps in the quest for sustainability, since the core factors of the concept deal precisely with the relationships between people and environment. The paper works both with the perception of existing, as invented places, analysing the perception they stimulate. Real places are seen as socially constructed; invented places, as economically promoted. Selection of empirical regional cases is based on their： perception （real and invented places）; scale （urban and ex-urban）; management （public or private）. In the area of Architecture-Urbanism, place is a created environmental form, imbued with symbolic significance to its users. In the present shift of paradigms from modernism to postmodernism, the discipline evolves towards a more thorough concern with the philosophical implications of places on phenomenological grounds. Also, the making and marketing of new places become increasingly accepted as influential tools to foster prosperity and well-being, by means of the economic development attributed to the creation of places. The concerted private and public management of the region＇s places and the restrained design they presently employ are providing grounds for an affluent development, showing a wise use of the regional resources. Altogether, it seems inhabitants have learned how to work in conjunction with the environment. This hints at a clear manifestation of sustainable development, worth investigating. Presumably, the concept of place, positioned as it is at the very interface of physical, social, economic and behavioural disciplines, seems to provide a likely means for tackling the challenges for a sustained regional development planning.

Priority-sequence of mineral resources' development and utilization based on grey relational analysis method

Generally, the sequence decision of the development and utilization of Chinese mineral resources is based on national and provincial overall plan of the mineral resources. Such plan usually cannot reflect the relative size of the suitability of the development and utilization of mineral resources. To solve the problem, the paper has selected the gift condition, the market condition, the technological condition,socio-economic condition and environmental condition as the starting-points to analyze the influential factors of the priority-sequence of mineral resources' development and utilization. The above 5 conditions are further specified into 9 evaluative indicators to establish an evaluation indicator system. At last,we propose a decision model of the priority sequence based on grey relational analysis method, and figure out the observation objects by the suitability index of development. Finally, the mineral resources of a certain province in China were analyzed as an example. The calculation results indicate that silver(2.0057), coal(1.9955), zinc(1.9442), cement limestone(1.9077), solvent limestone(1.5624) and other minerals in the province are suitable for development and utilization.

Challenges of Structure in Today＇s Architectural, Economic and Social Context

The recent establishment of a digital culture and society, together with current financial crisis and urgent energetic and climatic needs, has radically changed the architectural scene from the optimism of some years ago to a situation of uncertainty and huge social demands and challenges. In this context, it is suggested to rethink the role of structure in architecture, such as an enabler, a guide and a catalyst. The purpose of this paper is to present the economic, cultural and social context in which architecture develops nowadays. The method, to suggest a discussion on which role the structure may adopt in the architecture to come. The achievement, to highlight its potential to face current requirements and challenges.

《民法典》规定的非法人组织制度与三国民法中类似制度的关系梳理

《民法典》按第三市场主体的路径规定了非法人组织制度。我国学者普遍认为德国民法中的无权利能力社团和意大利法上的未受承认的社团与我国的非法人组织等值,实际上,它们和法国民法上的类似制度都是落实宪法规定的结社自由的工具,为公民提供精神结社的法律框架,不同于《民法典》规定的非法人组织制度为公民提供经济结社的法律框架。《民法典》关于精神结社的规定体现在其关于非营利法人的规定中,内容偏少。在商品经济的民法观和最高人民法院《关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》的影响下,我国民法理论和民事立法比较忽视民法具有保障公民精神结社的职能。

An evaluation of the economic,social,and ecological risks of China-Mongolia-Russia high-speed railway construction and policy suggestions

The construction of China-Mongolia-Russia high-speed railways is a strategic move to promote transportation infrastructure inter-connectivity between these countries, which will accelerate the implementation of the China-Mongolia-Russia Economic Corridor. However, well-planned China-Mongolia-Russia high-speed railways demand accurately identifying construction risks, scientifically evaluating risk levels, and mapping the spatial distribution of these risks. Therefore, this study established the integrated risk evaluation model(IREM) to scientifically evaluate the economic, social, and ecological risks of China-Mongolia-Russia high-speed railway construction and determine their magnitude and spatial distribution pattern. Based on this analysis, we propose designs for the east and west China-Mongolia-Russia high-speed railways and policy suggestions to mitigate construction risks. Suggestions include developing innovative cooperation of the "high-speed railway for resources and market", strengthening communication and technology dissemination, and applying innovative engineering techniques and setting buffers; establishing collaborative prevention and control systems to mitigate the three major ecological risks in the China, Mongolia, and Russia trans-border areas; and promoting economic integration by improving strategic coordination. In summary, this study provides scientific support for designing the China-Mongolia-Russia high-speed railways minimizing construction risks.