Research on the Circulation Problems of Contractual Management Right of Rural Land

Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct of contractual management right of land; autonomy of production and operation; disposition of the products; expropriation and occupation compensation authority of contractual land respectively, in order to demonstrate the connotation of land contractual management. The thesis also analyzes perspicaciously the phenomenon of non-agricultural-use land and proclaiming phenomenon of contractual management right of land. We should establish normalized rural land property rights register system to perfect contractual management right of land. Proclaiming of agriculture land right also should adopt registration effectiveness so as to guarantee the legality of transference of agricultural land to non-agricultural land in terms of system. We should perfect rural land circulation in terms of normalizing land circulation laws and normalizing contractual farmers fees: in terms of the movable agricultural land right, we should further perfect the types and content of circulation and lessen non-legal form restrictions of circulation; in terms of contractual fees, we should normalize contractual fees of land in order to preclude the contradiction between the contractees and contractors arising from blank space of laws.

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

Conceptual Analysis of Contractual Relationship in Dairy Supply Chain

Dairy industry is the pillar of Heilongjiang Province. The contractual relationship of the dairy supply chain played a vital role in the dairy industry for development. The contractual relationship between the main dairy farming body and the dairy processing enterprise, as well as the impact of this contractual relationship on their cooperation in dairy supply chain were studied. Taking 366 dairy farming bodies in Heilongjiang Province as the main research objects, Likert scale was used to measure the factors affecting the contractual relationship and applied these factors to the correlation construction of dairy farming body and processing enterprise. Then, confirmatory factor analysis was used to collect data and made the conclusion that once dairy farming body perceived the opportunistic behavior and lacking of cooperation, the trust of dairy processing enterprise would be lost. Additionally, the satisfaction of dairy farming body on partnership also had a positive effect on the level of trust and commitment, the relative dependence and the perception of the partnerships, which made it possible to analyze how to strengthen the contractual relationship and provide theoretical basis for dairy industry development in Heilongjiang Province.

Is the Equity Transfer Agreement of a Chinese-Foreign Contractual Joint Venture Valid? A Case Comment on Xianyuan v.Zhongxin

Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.

Empirical Analysis on Transfer and Limitation of Land Contractual Management Right

Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.

Analysis on Mortgage of Farmland Contractual Management Right and Countermeasures

In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual management right can be mortgaged in the practice of China's legislation on land circulation. We firstly introduced current situations of mortgage of farmland contractual management right in China. Then, we analyzed existing problems in mortgage of farmland contractual management right. Finally, we put forward corresponding countermeasures and recommendations, to bring into full play land use efficiency, more rationally distribute land resource, and further promote development of rural economy.

Contract System for Circulation of the Right to Rural Land Contractual Management

From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.

The Transfer of Land Contractual Management Rights in Ethnic Village--A Case Study of Ya'ergou Village in the Ningxia Hui Autonomous Region

Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.

Research on Contractual Model Selection of Farmers' Cooperatives——A Case Study of Production and Marketing Cooperative of Sweet Pomegranate in Mengzi,Yunnan

In the perspective of new institutional economics,we regard farmers' cooperatives as a "contractual set" integrating a series of long-term contractual relations,and transform the selection problem of organization forms into selection problem of contractual model within organization.By the theoretical framework of Transaction Cost Economics,we analyze the formation mechanism and determinant factors of contractual model of different farmers' cooperatives and conduct case study on Production and Marketing Cooperative of Sweet Pomegranate in Mengzi,Yunnan.The results show that selecting contractual forms of cooperatives is the result of weighing many factors;new organization model or contractual arrangement is complementary to the former system arrangement;the selection of cooperatives model is an important factor impacting cooperation efficiency and stability of organization.One organization model with efficiency not only hinges on the transaction characteristic of organization,but also considers the compatibility with exterior transaction environment.In the process of selecting contractual model,we should conform to objective evolving law,but not be in thrall to a certain given form.

A Zero-Relationship Justification of Rights： A Contractual Approach Based on Rawls＇ Device of the ＂Original Position＂

In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls＇ and Scanlon＇s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls＇ justification device of the ＂original position.＂ First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the ＂original position.＂ Third, it will show that the parties in the ＂original position＂ would choose one of these relationships as the principle of rights. Finally, Rawls＇ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.

Medium and long-term thermal coal contract embedded reparations from the perspective of an evolutionary game

Coal-fired electricity enterprises are caught in the dilemma of relative fixed prices and rising costs under the scenario of decarbonization.Meanwhile,soaring market-oriented coal pricing results in coal enterprises’increasing defaults on thermal coal medium-and long-term contracts(MLC).To investigate the implementation of MLC at the micro-level,this study formalized the contractual behaviors of coal and coal-fired electricity enterprises based on the asymmetric evolutionary game.We formalized the evolving behaviors of both parties using replicator dynamics equations and proved that there were two evolutionary stabilization strategies(ESSs):compliance and coal enterprises’unilateral default.A multi-agent-based simulation was applied to verify the evolving process of ESSs and determine the critical values of MLC design by sensitive analysis.From the simulation results,coal-fired electricity enterprises do not stop generation under the current carbon quota allocation mechanism,even if carbon emission trading increases electricity generation costs.Coal enterprises choose to“default”when the market price of coal is higher than the contracted price by 18%.However,if the original reparation is increased by 5%,the compliance rate of the coal enterprises improves.Dynamic reparations embedded in the MLC improved enforcement during the contracting period.Moreover,the proposed policy implications have practical significance for enhancing the coordinated operation of coal-electricity energy supply chains.

Influence of Building Information Modelling (BIM) on Engineering Contract Management in Nairobi, Kenya

Building Information Modelling (BIM) is a technology and a process that has brought changes in the construction’s traditional procurement system. Kenya lacks contractual guidelines on implementation of BIM;this makes the adoption of BIM slow and difficult. Previous research has identified a gap in contractual relationships, roles and resulting risks. The objectives of this study were to investigate BIM adoption in Nairobi and to investigate the influence of BIM on Engineering Contract Management (ECM) in Nairobi Kenya. The survey research was a descriptive study with 175 responsive questionnaires. Respondents comprised of Civil Engineers, Construction Project Managers, Architects, Quantity Surveyors, Contractors and Facility Managers. Data was collected through self-administered questionnaire and in-depth interview. Descriptive analytics, correlation and Exploratory factor analysis methods were used to analyse quantitative data. Qualitative data was analysed thematically. It emerged that adoption level was at 56.6% and shallow understanding of BIM capabilities remains to be a barrier to its adoption and implementation. It also emerged that BIM improves ECM;when time, cost, quality, collaboration and return on investment improve, ECM becomes easier. Latent factors found in BIM and ECM relationship were Legal Implications, awareness and knowledge, efficiency, versatility, mandate and leadership, and competitiveness. Further, the study found out that BIM influence on ECM demands for establishment of standards, guidelines, policy, legal framework, and regulations, which can be achieved by amending the public procurement act which dictates the operation of all the other standard forms of contract. Further research should be conducted to measure whether the understanding of BIM had positively improved.

Extending Auditing Models to Correspond with Clients’ Needs in Cloud Environments

The user control over the life cycle of data is of an extreme importance in clouds in order to determine whether the service provider adheres to the client’s pre-specified needs in the contract between them or not, significant clients concerns raise on some aspects like social, location and the laws to which the data are subject to. The problem is even magnified more with the lack of transparency by Cloud Service Providers (CSPs). Auditing and compliance enforcement introduce different set of challenges in cloud computing that are not yet resolved. In this paper, a conducted questionnaire showed that the data owners have real concerns about not just the secrecy and integrity of their data in cloud environment, but also for spatial, temporal, and legal issues related to their data especially for sensitive or personal data. The questionnaire results show the importance for the data owners to address mainly three major issues: Their ability to continue the work, the secrecy and integrity of their data, and the spatial, legal, temporal constraints related to their data. Although a good volume of work was dedicated for auditing in the literature, only little work was dedicated to the fulfillment of the contractual obligations of the CSPs. The paper contributes to knowledge by proposing an extension to the auditing models to include the fulfillment of contractual obligations aspects beside the important aspects of secrecy and integrity of client’s data.

Exploring the Main Factors Affecting Consumer Choice of Mobile Phone Service Provider Contracts

This study aims to investigate the main factors affecting a consumer’s choice of mobile phone service provider contracts, and to determine which of these factors are important in a consumer’s decision-making process. As this decision is particularly pertinent within the contractual behavior setting, there is a need to explore the main factors that shape mobile phone subscriber choices when entering into a mobile phone telecommunication service contract. To do so, a set of mobile interrelated contract dimensions and a set of mobile service provider interrelated dimensions were identified and tested. The convenience sampling technique was employed and 400 questionnaires were distributed to mobile phone subscribers in Jordan with a response rate of 78.5%. By using the regression analysis, result analysis revealed that the main factor affecting consumer choices was “contract features”, with a relative importance of 41%. After a set of mobile phone contract hypotheses were identified and tested, it was found that contract price, with about 15% relative importance, was the main contract feature that affected consumer choices, followed by the size of data that were related to the number of minutes and/or number of messages offered within the mobile service contract package. In addition, “company factors”, with about 18% relative importance, were found to affect consumer choice of service provider contracts. The principal issue affecting consumer choice decisions was “switching cost”, which was the highest relative importance element of company interrelated factors and found to influence mobile subscriber contracts choice significantly. However, other company factors like signal strength and sales outlet availability had no significant impact on consumer choices and ranked less for consumer-choice priority. More attention is needed from scholars to study the effect of other possible mobile phone contract dimensions from customers’ perspective.

ABSTRACTS

The essence of ＂rule of law in China＂ visions, meanwhile the rational regulation is still contains ＂status＂ based on ＂virtues＂. is the governance based on rational choice and contractual pro- rooted in rules. Although in this context of the rule of law, it In the sense of ＂rational regulation＂, the rule of law needs contracts, but it needs more ＂contractual status＂ in the sense of ＂virtue identity＂ . We can not replace status by contract only relying on the old path of ＂from status to contract＂ . Connecting with the mode of ＂absolute-true status relative-false status＂ built by contract and virtues, ＂contractual status＂ can pro, vide distinguishment, birthright and duty for the rule of law.

Chinese legislative reform for wet multimodal transportation of goods:What shall we learn from the Rotterdam Rules and what hold us back in the way of joining the Rules as a contracting state?

This article purports to shed light on some thoughts on China’s legislative reform in respect of rules pertaining to regulate the multimodal transportation involving a sea leg. While the section of multimodal transportation in the Chinese Maritime Code has not been much challenged in the legal practice, the recent Rotterdam Rules that deals with contracts of carriage of goods wholly or partly by sea certainly probes the area with new solutions. These new solutions have enlightened the debates among the scholars and practitioners over the routes for the reform of the wet multimodal transport provisions in the Code. In this article, the author attempts to assess the Rotterdam Rules solutions in connection with the characteristics of Chinese import and export trades that involve multimodal transportation as well as the relevant domestic legislation and international treaties to which China has entered into as member state that regulate transport of goods by modes other than sea. Based on the analysis, it finds out that some of the former solutions may give rise to unexpected results that hinder their adoption in the future Code : it could narrow the existing scope of application of the Chinese Maritime Code and would let the multimodal transport operators escape the mandatory regime of the Code.And if provision like the Art.26 of the Rotterdam Rules is adopted in the Code, a great market difference might be created as between the fragmented transportation under various contracts and the multimodal transportation under a single contract. However,certain rules are positive so that can be adopted in the future Code: the hypothetical contract approach adopted in the Art. 26 of the Rotterdam, Rules and the gap-filling approach adopted in the Arts. 26 and 82 of the Rules may provide better certainties in respect of issues such as time for suit, liability for delay, transport documents.Moreover, Chinese legislators may consider to extend the multimodal liability regime to the independent contractors or subcontractors of the MTOs that are involved in maritime carriage and related operations.

Morphology versus DNA barcoding： two sides of the same coin. A case study of Ceutorhynchus erysimi and C. contractus identification

Genotyping of 2 well-known weevil species from the genus Ceutorhynchus （Coleoptera： Curculionidae） distributed in west Palearctic, C. erysimi and C. contractus, revealed phenotype versus genotype inconsistencies in a set of 56 specimens （25 C. erysimi and 31 C. contractus） collected from 25 locations in Serbia and Montenegro. An analysis of the mitochondrial cytochrome oxidase subunit I gene （CO1）, widely used as a barcoding region, and a nuclear gene, elongation factor-v （EF-1α）, revealed stable genetic divergence among these species. The average uncorrected pairwise distances for the CO1 and EF-1α genes were 3.8%, and 1.3%, respectively, indicating 2 genetically well-segregated species. However, the genetic data were not congruent with the phenotypic characteristics of the studied specimens. In the first place, C. erysimi genotypes were attached to specimens with phenotypic characteristics of C. contractus. Species-specific PCR-RFLP assays for the barcoding gene COIwere applied for the molecular identification of 101 additional specimens of both morphospecies （33 C. erysimi and 68 C. contractus） and were found to confirm this incongruity. The discrepancy between the genetic and morphological data raises the question of the accuracy of using a barcoding approach, as it may result in misleading conclusions about the taxonomic position of the studied organism. Additionally, the typological species concept shows considerable weakness when genetic data are not supported with phenotypic characteristics as in case of asymmetric introgression, which may cause certain problems, especially in applied studies such as biological control programs in which the biological properties of the studied organisms are the main focus.