Pragmatist View of Human Rights:Theoretical Explanations of China’s Human Rights Practice

The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights.

The Infeasibility of Establishing Land Development Rights in China Based on the Path of Real Rights

Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.

Double Misplaces of SOE＇s Ownership and the Loss of Claim Rights

Modem enterprise theory defines onterprise＇s ownership through the concepts of residual rights of control and claim to residue. It also believes that when they are in homologous, the ownership of enterprise can be arranged in the best place. When the enterprise is under normal run, shareholders are its owner, but when it goes into bankruptcy, claimers should take place of shareholders becoming the owner of the enterprise. But in China, the ownership of state-owned enterprise （SEE） goes into double misplaces. Management controls the enterprise under the normal run, which leads salaries to seize the earnings and share equities. The state who acts as the shareholder not only lessens investments but also fixes its earnings as much as possible. It gives up the claim to residue, which leads claimers to bear the enterprise＇s residual risks （when the residual income is negative）. When the enterprise goes into bankruptcy, as the shareholder, the state determines whether it can exist or not in order to maximize its own utility. Rights of claimer are being seriously damaged as they can be manipulated freely in the enterprise. Banks＇ bad debts are also in an extremely high level. In this article, the author will establish a model and use the relative data to do technical analysis.

Study on the Theory and Method of Real Estate Property Right Appraisal

This paper first introduces the overview of real estate appraisal theory,the basic situation of real estate appraisal,the basic principles and characteristics of real estate appraisal,and three main appraisal methods.On this basis,the specific use scope of each method,the meaning of each parameter,and the influencing factors are analyzed.Then,based on the in-depth study of various existing appraisal theories and methods,a new appraisal method is proposed:the appraisal analysis method based on fuzzy analytic hierarchy process.

The three-factor model of evaluating mining rights of coal resources based on options

Since mining rights of coal resources(for short MRCR) could be regarded as a multi-stage compound real option,the evaluation for MRCR can be better solved using op- tion theory than the NPV.In the former research,we developed a two-factor model of evaluating MRCR when the coal spot price and convenience yield are stochastic based on option theory.On the basis of this two-factor model,we set up a three-factor model of evaluating MRCR when the interest rate followed a stochastic process.Through a real example application,we found the model can get higher values than the two-factor model and the NPV.This is because considering the volatility of interest rate can improve the executive opportunity of MRCR.

The two-factor model of evaluating mining rights of coal resources based on options

MRCR could be regarded as a multi-stage compounding real option,based on option theory,assuming the convenience yield of coal reserves to be constant,built a one-factor model of valuating MRCR with the stochastic value of coal reserves.On the basis of our one-factor model,set up a two-factor model of evaluating MRCR assuming the convenience yield follows the mean-reverting process.When applied to valuate the MRCR of a coalmine,this model gives higher values than the one-factor model and the NPV.This is because the increase of convenience yield can improve the executive oppor- tunity of MRCR.

Justification and System Arrangement of Virtual Property Rights——Comments on Article No. 127 of General Provisions of the Civil Law

In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.

Research on the System of Preliminary Registration in the Property Right Law of China

In property transactions,there are many reasons for the debt agreement and the property registration that cause some timeinterval,which can easily lead to acts of infringing upon the interests of creditors,for example, a thing sold to different people at the sametime.Because in a number of transactions,the effectiveness of each contract is independent of each other, and this can lead to the occurrenceof credit,and each claim has the function of mutual tolerance and equality.Then set up multiple claims on the same item,the ownership of theproperty is difficult to determine because there is no priority.In order to ensure the realization of coming property rights,it is particularly importantto apply for preliminary registration to the registration authority.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Evaluation of Right Ventricular Volume and Systolic Function by Real-time Three-dimensional Echocardiography

The optimal plane for measurement of the right ventricular (RV) volumes by real-time three-dimensional echocardiography (RT3DE) was determined and the feasibility and accuracy of RT3DE in studying RV systolic function was assessed. RV “Full volume” images were acquired by RT3DE in 22 healthy subjects. RV end-diastolic volumes (RVEDV) and end-systolic volumes (RVESV) were outlined using apical biplane, 4-plane, 8-plane, 16-plane offline separately. RVSV and RVEF were calculated. Meanwhile tricuspid annual systolic excursion (TASE) was measured by M-mode echo. LVSV was outlined by 2-D echo according to the biplane Simpson's rule. The results showed: (1) There was a good correlation between RVSV measured from series planes and LVSV from 2-D echo (r=0.73; r=0.69; r=0.63; r=0.66, P<0.25—0.0025); (2) There were significant differences between RVEDV in biplane and those in 4-, 8-, 16-plane (P<0.001). There was also difference between RV volume in 4-plane and that in 8-plane (P<0.05), but there was no significant difference between RV volume in 8-plane and that in 16-plane (P>0.05); (3) Inter-observers and intro-observers variability analysis showed that there were close agreements and relations for RV volumes (r=0.986, P<0.001; r=0.93, P<0.001); (4) There was a significantly positive correlation of TASE to RVSV and RVEF from RT3DE (r=0.83; r=0.90). So RV volume measures with RT3DE are rapid, accurate and reproducible. In view of RV's complex shape, apical 8-plane method is better in clinical use. It may allow early detection of RV systolic function.

Dynamic Characteristic Mechanism of Atrial Septal Defect Using Real-Time Three-Dimensional Echocardiography and Evaluation of Right Ventricular Functions

The dynamic characteristics of the area of the atrial septal defect（ASD） were evaluated using the technique of real-time three-dimensional echocardiography（RT 3DE）, the potential factors responsible for the dynamic characteristics of the area of ASD were observed, and the overall and local volume and functions of the patients with ASD were measured. RT 3DE was performed on the 27 normal controls and 28 patients with ASD. Based on the three-dimensional data workstations, the area of ASD was measured at P wave vertex, R wave vertex, T wave starting point, and T wave terminal point and in the T-P section. The right atrial volume in the same time phase of the cardiac cycle and the motion displacement distance of the tricuspid annulus in the corresponding period were measured. The measured value of the area of ASD was analyzed. The changes in the right atrial volume and the motion displacement distance of the tricuspid annulus in the normal control group and the ASD group were compared. The right ventricular ejection fractions in the normal control group and the ASD group were compared using the RT 3DE long-axis eight-plane（LA 8-plane） method. Real-time three-dimensional volume imaging was performed in the normal control group and ASD group（n=30）. The right ventricular inflow tract, outflow tract, cardiac apex muscular trabecula dilatation, end-systolic volume, overall dilatation, end-systolic volume, and appropriate local and overall ejection fractions in both two groups were measured with the four-dimensional right ventricular quantitative analysis method（4D RVQ） and compared. The overall right ventricular volume and the ejection fraction measured by the LA 8-plane method and 4D RVQ were subjected to a related analysis. Dynamic changes occurred to the area of ASD in the cardiac cycle. The rules for dynamic changes in the area of ASD and the rules for changes in the right atrial volume in the cardiac cycle were consistent. The maximum value of the changes in the right atrial volume occurred in the end-systolic period when the peak of the curve appeared. The minimum value of the changes occurred in the end-systolic period and was located at the lowest point of the volume variation curve. The area variation curve for ASD and the motion variation curve for the tricuspid annulus in the cardiac cycle were the same. The displacement of the tricuspid annulus exhibited directionality. The measured values of the area of ASD at P wave vertex, R wave vertex, T wave starting point, T wave terminal point and in the T-P section were properly correlated with the right atrial volume（P〈0.001）. The area of ASD and the motion displacement distance of the tricuspid annulus were negatively correlated（P〈0.05）. The right atrial volumes in the ASD group in the cardiac cycle in various time phases increased significantly as compared with those in the normal control group（P=0.0001）. The motion displacement distance of the tricuspid annulus decreased significantly in the ASD group as compared with that in the normal control group（P=0.043）. The right ventricular ejection fraction in the ASD group was lower than that in the normal control group（P=0.032）. The ejection fraction of the cardiac apex trabecula of the ASD patients was significantly lower than the ejection fractions of the right ventricular outflow tract and inflow tract and overall ejection fraction. The difference was statistically significant（P=0.005）. The right ventricular local and overall dilatation and end-systolic volumes in the ASD group increased significantly as compared with those in the normal control group（P=0.031）. The a RVEF and the overall ejection fraction decreased in the ASD group as compared with those in the normal control group（P=0.0005）. The dynamic changes in the area of ASD and the motion curves for the right atrial volume and tricuspid annulus have the same dynamic characteristics. RT 3DE can be used to accurately evaluate the local and overall volume and functions of the right ventricle. The local and overall volume loads of the right ventricle in the ASD patients increase significantly as compared with those of the normal people. The right ventricular cardiac apex and the overall systolic function decrease.

Solutions to Right Conflicts and Integrated Protection of Diverse Interests in Real EstateDevelopment and Operation

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.

Research on Rural Collective Land Ownership Confirmation Based on Unified Registration of Real Estate

Rural collective land ownership registration is a basic work to safeguard farmers＇ land rights and interests, and promote rural reform and development, which involves the vital interests of the peasants, and has great influence on the rural economic and social development. However, there are many problems in rural col- lective land ownership registration and certification, such as unclear rural land own- ership subject and nature; not unified understanding of registration, no high enthusi- asm of the grass-roots work; prominent registration policy contradictions, serious shortage of investment, which seriously affect the rural land ownership registration work. In order to solve these problems, some suggestions are put forward on pro- moting the rural land ownership registration work smoothly.

A study of legal attributes of carbon emission rights in carbon trading

Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity, which provides developing countries with valuable opportunity to address climate change issues right along with economic development and environmental improvement to achieve sustainable development. However, most studies of CDM focus on economics, and few on its legal problems. CDM involves too many aspects. And the clear legal attribute of trading object is the basis of progress of the transaction and also the start point of legal protection. Therefore, this paper in accordance with the inherent principle of property rights economics, and environmental economics in CDM, only discusses CDM carbon emission right legal interpretation and its attribution. The paper recommends that in order to ensure and promote the carbon emission right trading, carbon emission right should be attributed into the system of real rights to be regulated by Real Right Law. In this way, carbon emission right can gain exclusive power of possession and use, which can achieve a clear right def inition of environmental goods in line with Coase's theory to protect Chinese prof it in carbon trading market and promote the development of the carbon trading market further.

Discussion on Registration Validity Doctrine of Housing Land Use Right

Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.

REAL-TIME LICENSING MANAGEMENT OF SECURE MULTIMEDIA CONTENT DELIVE RY

Media Commerce is now becoming a new trend which results fr om faster development of network bandwidth and high availability of multimedia t echnologies, how to protect media content from being used in a right-violated w ay is one of most important issues to take into account. In this paper, a novel and efficient authorization and authentication Digital Rights Management (DRM) s chema is proposed firstly for secure multimedia delivery, then based on the sche ma, a real-time digital signature algorithm built on Elliptic Curve Cryptograph y (ECC) is adopted for fast authentication and verification of licensing managem ent, thus secure multimedia delivery via TCP/RTP can efficiently work with real -time transaction response and high Quality of Service (QoS) . Performance eval uations manifest the proposed schema is secure, available for real-time media s tream authentication and authorization without much effected of QoS. The propose d schema is not only available for Client/Server media service but can be easily extended to P2P and broadcasting network for trusted rights management.

民法典中生态环境损害赔偿责任体例疏释

《中华人民共和国民法典》第1234条、第1235条将生态环境损害赔偿责任拆分成“两类六种”责任形态并列规定,这一制度体例承袭民事责任以责任后果的形态分别列举的体例。从历史面向看,这一体例既受移植苏联在总则中规定民事责任的影响,也与计划经济时期公法责任冲击民法的历史过程相关。然而,民法典编纂过程中并未对这一体例予以矫正,反而将其应用到生态环境损害责任的立法中。从现实面向看,尽管这一体例的形成具有一定的偶然性,但随着对民法典的本土化研究,这一体例所体现的“权利-义务-责任”体系被赋予了取代“权利-请求权”体系的新功能,并且使生态环境损害赔偿规避了环境权的争论得以直接以责任的形式规定。但由于其遮蔽了责任后果与责任原因之间的关联,使分别列举的责任后果的适用逻辑不清晰,致使生态环境损害赔偿责任司法实务中存在赔偿不足或赔偿冗赘的现象。在当前制度环境下,欲在保持现有的生态环境损害赔偿责任体例的前提下理顺生态环境损害赔偿责任的适用逻辑,需在学理层面将其与责任原因相连结。

论NFT数字作品的权属特点与规则适用

NFT是一种技术,它通过对数字客体进行标识、登记和固定,使其具有可支配性和特定性。数字作品经过NFT处理后,其“物”的特性得到了强化,从而在一定程度上超出了债权客体的范畴,更接近于物权客体的特征。虽然NFT数字作品的铸造和交易应该适用物权规则,但在占有和处分这些作品的过程中,其登记性和非同质性特点却十分鲜明。因此,传统物权规则在应用于该种新型物时需要进行内部调整,同时还需要与外部规则相适配。NFT与区块链登记公示的高度绑定有别于传统的动产物权登记和著作权自愿登记,它应该比照不动产而非动产物权登记机制进行规范,并明确该登记行为在著作权规则中的地位。NFT通过独特识别符形成的非同质性,与同质化代币相比存在巨大差异,因此在适用货币化、证券化规则时应该更加谨慎。

民法教学中的“一体化”思维模式培养

民法作为法学教学中最重要的一门专业课之一,一直面临一个不可回避的困难,即民法下属各分支领域之间的“思维壁垒”。为突破此困难,文章以请求权,这个民法理论和实践上的双重核心概念为支点,提出以“一体化”民事法律思维培养为中心的教学理念,并以“债权”,这个民法中最复杂、最特殊、最重要的分支为例,详细论证“一体化”思维模式培养的三个教学模块,即债权请求权的分类体系、债权请求权的抗辩体系和债权请求权的后置程序。同时根据上述内容改变传统的案例教学方法,形成一套能够适应“一体化”思维模式培养要求的案例教学方法。

价值均衡视角下宅基地使用权继承纠纷的裁判规则构建

现阶段宅基地使用权继承纠纷解决存在司法处理态度不一、缺少统一立法规范的实践困境。根本原因在于宅基地使用权兼具身份价值和财产价值,而现有纠纷处理模式不能达成两种价值取向的均衡。鉴于此,建议适用“身份资格—房地关系”双重标准的限制继承规则作为司法裁判指引,同时明确“三权分置”背景下宅基地使用权的成员权内涵,以填补双重标准裁判规则的理论漏洞,消解新规则的内在矛盾。