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 Impact of Changes of Property Rights on Farmland Use:An Empirical Study of China during Transition

In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.

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.

Study on Circulation and Management of Rural Land Use Right

Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.

The Application of Remote Sensing Monitoring Method and Groundwater Model for Water Rights Management in Haihe River basin

Groundwater is an important water resource in Haihe River basin,North China.The number of aquifers that appear to be declining under conditions of groundwater overdraft is increasing.To effectively manage the water resources,there is a strong scientific need to analyze the net use of this important water resource and to quantify the water rights allocation for improved understanding of the future water

Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.

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.

Preparation and Magnetic Properties of SrFe12O19 Ferrites Suitable for Use in Self-Biased LTCC Circulators

Strontium ferrites with different Bi2O3 content are prepared by the solid phase method, and their magnetic properties are investigated primarily. The Bi2O3 additive and sintering temperature separately exhibit a strong effect on the sintering density, crystal structure, and magnetic properties of the ferrites. As to the ferrites with 3 wt% Bi2O3, the relatively high sintering density ρs, saturation magnetization Ms, and intrinsic coercivity HCi can be obtained at a low sintering temperature of 900℃ even much lower. Furthermore, the effective magnetic anisotropy constant Keff and magnetic anisotropy field Ha of the ferrites are calculated from the magnetization curve by the law of approach to saturation. It is suggested that the low-temperature sintered SrFe12O19 ferrites with Ms of 285.6 kA/m and Ha of 1564.6 kA/m possess a significant potentiality for applying in the self-biased low-temperature co-fired ceramics circulators from 34 to 40GHz.

Relationship between Farmland Use Right Circulation and Non-agricultural Employment——Based on Survey Data from Eastern and Western China

Relationship between Chinese rural non-agricultural employment and farmland use circulation has always been a hot research topic without final conclusions.This paper uses survey data of"China Health and Retirement Longitudinal Study(CHARLS)"covering 1,549 households of 95 villages in Zhejiang and Gansu Province in 2008.According to the data analysis,Zhejiang Province has a higher ratio of rural households leasing out their farmland than Gansu Province has,while the latter has a higher ratio of rural residents going out for earning a living.In both provinces,non-agricultural employment and farmland use circulation show significant positive correlation,but in Gansu,non-agricultural employment of farmers shows no significant positive correlation with rural households leasing out their farmland.The factor shows that for peasants in underdeveloped regions of west China,they rely more on land because of its social security functions,so they are not willing to lease out their land even when they go to cities for earning a living.For local government,it is not appropriate to promote farmland use circulation by depending on the transfer of rural labor forces,fundamental needs of peasants must be taken into consideration.

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.

Heritage Corridor Construction:New Idea for Protection of Heritage along the Right Bank of the Yalu River

This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristics of heritage corridor and is suitable for heritage corridor theory.For Liaoning and Jilin provinces integrating their tourism into the One Belt and One Road strategy,and promoting harmonious use of regional tourist resources,vigorous development of tourism,and targeted poverty alleviation through tourism,the heritage corridor construction is of profound significance.

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.

Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability

The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.

Exploring Potential of REDD+ Readiness with Social Safeguard through Diverse Forest Use Practices in Gunung Palung National Park in West Kalimantan, Indonesia

Implementation is expected to be a measure for sustainable forest management by providing benefit for forest users based on their efforts. Without careful attention for the social safeguard, the mechanism of reducing greenhouse gas emissions from deforestation and forest degradation with forest management (REDD+) might cause negative impact such as depriving of customary forest use rights under unclear tenure and forest use rights typical in Indonesia. This study aimed to explore how REDD+ Safeguard can be applied in readiness activities by analyzing practical forest use situations in a conservation forest, the Gunung Palung National Park as study site. From the results of the questionnaire survey and interviews, characteristics of forest users were identified and compared. The households, mostly Malays, practicing traditional durian collection, were recognized as main forest users depending on on-farm income especially from non-timber forest product (NTFP). Since the income structure is relatively low and unstable, some of them practice farming in forest area or sell their forest use rights to other households. They are inclined to be lack in legal farm land and certain forest use rights. Based on the findings, consideration for diverse forest users and potential readiness activities were discussed and proposed. For achieving REDD+ implementation with sustainable forest management and social safeguard, it will be necessary to respect for customary rights and take comprehensive measures as readiness efforts.

Right ventricle dysfunction does not predict mortality in patients with SARS-CoV-2-related acute respiratory distress syndrome on extracorporeal membrane oxygenation support

BACKGROUND The prognostic role of right ventricle dilatation and dysfunction(RVDD)has not been elucidated in patients with coronavirus disease(COVID)-related respiratory failure refractory to standard treatment needing extracorporeal membrane oxygenation(ECMO)support.AIM To assess whether pre veno-venous(VV)ECMO RVDD were related to inintensive care unit(ICU)mortality.METHODS We enrolled 61 patients with COVID-related acute respiratory distress syndrome refractory to conventional treatment submitted to VV ECMO and consecutively admitted to our ICU(an ECMO referral center)from 31th March 2020 to 31th August 2021.An echocardiographic exam was performed immediately before VV ECMO implantation.RESULTS Males were prevalent(73.8%)and patients with a body mass index>30 kg/m^(2) were the majority(46/61,75%).The overall in-ICU mortality rate was 54.1%(33/61).RVDD was detectable in more than half of the population(34/61,55.7%)and associated with higher simplified organ functional assessment(SOFA)values(P=0.029)and a longer mechanical ventilation duration prior to ECMO support(P=0.046).Renal replacement therapy was more frequently needed in RVDD patients(P=0.002).A higher in-ICU mortality(P=0.024)was observed in RVDD patients.No echo variables were independent predictors of in-ICU death.CONCLUSION In patients with COVID-related respiratory failure on ECMO support,RVDD(dilatation and dysfunction)is a common finding and identifies a subset of patients characterized by a more severe disease(as indicated by higher SOFA values and need of renal replacement therapy)and by a higher in-ICU mortality.RVDD(also when considered separately)did not result independently associated with in-ICU mortality in these patients.

A Contribution to a Better Understanding of Global Land Grabbing＇s Impact on Employment and Environmental Threats

In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentration in Sub-Saharian Africa, have earned the phenomenon the name of ＂land grab＂. The agricultural sector considered a ＂sunset industry＂ when commodities prices were declining, is now attractive to financial investors. These foreign investments may be good as they may improve agricultural productivity or instead bad as they may benefit only financial investors. Some results in terms of environmental and local communities＇ worsening conditions have already emerged. This paper aims to investigate what drives the big size transfers of land, to empirically estimate their effects in terms of local employment and to assess the environmental effects produced by the rapid transformation in the use of vast amount of land in terms of CO2 emissions. It is also proposed to use the estimation in terms of local employment impact as a way of distinguishing between foreign direct investment and land grabbing.

The Implementation Mode of No-Fly Zones in International Relations

A No-Fly Zone(NFZ)is a unique mode of humanitarian intervention which is understudied in international relations.This article focuses on the political dimension of NFZs in international relations and investigates their implementations by empirically reviewing all three cases of NFZs to date.There may be efforts by intervening states to highlight humanitarian crises among certain targets to secure UN authorization for the NFZs;yet the implementation of NFZs is also driven largely by the security interests of enforcing states.As a result,there is the potential for those states implementing NFZs to transcend legal authorization and sometimes use excessive force,with likely calamitous results for local populations,or in extreme cases,accomplishing regime change by supporting opposition parties in target states.

The Implementation of the Marrakesh Treaty in China:Theoretical Disputes and Institutional Arrangements

The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.

Developing the Commons: Models of Rural Land Trust in China

In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.