Governments＇ protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large exten...Governments＇ protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises？ This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.展开更多
Marx used a completely new proletarian world outlook to construct the main body of the theoretical edifice of property rights. Property rights are the legal form of ownership. As a relationship of legal rights of the ...Marx used a completely new proletarian world outlook to construct the main body of the theoretical edifice of property rights. Property rights are the legal form of ownership. As a relationship of legal rights of the property form, property rights are not only a relationship between two wills which reflects economic relationships but also a product of history, belonging to the category of history and assuming the form of history. Marx made a special effort to study capitalist property relations, that is, on the basis of revealing the opposition between capital and wage labor in the economic field, he sought to describe the value-added process as ownership relations and a process of appropriation in terms of the law and the theory of property rights, involving the integration and separation of various powers such as ownership, right of possession, right of use, right of disposal, right of operation, right of demand and right of inheritance. In this way he proved the class opposition in capitalist property relations and the system of property rights. The changing direction from ＂passive sublation＂ to ＂active sublation＂ revealed by Marx clearly shows the historical inevitability and long-term developmental trend of the substitution of public economic and judicial relations for the capitalist relations of production and system of property rights.展开更多
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 ...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.展开更多
文摘Governments＇ protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises？ This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.
文摘Marx used a completely new proletarian world outlook to construct the main body of the theoretical edifice of property rights. Property rights are the legal form of ownership. As a relationship of legal rights of the property form, property rights are not only a relationship between two wills which reflects economic relationships but also a product of history, belonging to the category of history and assuming the form of history. Marx made a special effort to study capitalist property relations, that is, on the basis of revealing the opposition between capital and wage labor in the economic field, he sought to describe the value-added process as ownership relations and a process of appropriation in terms of the law and the theory of property rights, involving the integration and separation of various powers such as ownership, right of possession, right of use, right of disposal, right of operation, right of demand and right of inheritance. In this way he proved the class opposition in capitalist property relations and the system of property rights. The changing direction from ＂passive sublation＂ to ＂active sublation＂ revealed by Marx clearly shows the historical inevitability and long-term developmental trend of the substitution of public economic and judicial relations for the capitalist relations of production and system of property rights.
基金a phase achievement of Research on the Legal Problem of Third Party Infringing Contract Conclusion Interestsa general item under the national social sciences foundation(item number:16BFX1l0)Research on Expansion of Non-normative Provisions in Civil Legislation,one of the national subjects on rule of law and legal theory(item number:16SFB3031)
文摘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.
