Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards ...Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.展开更多
In Myanmar, the formal financial institution does not provide uncollateralized credits. The rural unbanked under the poverty line is depending on the informal money-lenders with high interest rate. Private Agency Coll...In Myanmar, the formal financial institution does not provide uncollateralized credits. The rural unbanked under the poverty line is depending on the informal money-lenders with high interest rate. Private Agency Collaboration Together is only one microfinance institution providing the credits without collateral and with low interest rate to the unbanked in Myanmar. Half of the unbanked are unable to borrow the loans from the microfinance institution because of the weakness of the information contribution and the strict legal policies of the microfinance institution. Therefore, the objective of this study is to construct a system to improve the relationship between the microfinance institution and the unbanked by reducing the obstacles in the current system ofmicrofinance institution. The legal policy is studied from the vision of the local unbanked as the originality of this research and the /-System methodology is applied to accomplish the research. The current system comprises the information contribution, loans and legal policies. The current system is only one relationship between the microfinance institution and unbanked. When the ten obstacles occurred in the current system, the unbanked cannot approach to the microfinance institution. An access system including four sub-systems is developed depending on the collected ideas to solve these obstacles and intend to improve the relationship between microfinance institution and the unbanked.展开更多
文摘Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.
文摘In Myanmar, the formal financial institution does not provide uncollateralized credits. The rural unbanked under the poverty line is depending on the informal money-lenders with high interest rate. Private Agency Collaboration Together is only one microfinance institution providing the credits without collateral and with low interest rate to the unbanked in Myanmar. Half of the unbanked are unable to borrow the loans from the microfinance institution because of the weakness of the information contribution and the strict legal policies of the microfinance institution. Therefore, the objective of this study is to construct a system to improve the relationship between the microfinance institution and the unbanked by reducing the obstacles in the current system ofmicrofinance institution. The legal policy is studied from the vision of the local unbanked as the originality of this research and the /-System methodology is applied to accomplish the research. The current system comprises the information contribution, loans and legal policies. The current system is only one relationship between the microfinance institution and unbanked. When the ten obstacles occurred in the current system, the unbanked cannot approach to the microfinance institution. An access system including four sub-systems is developed depending on the collected ideas to solve these obstacles and intend to improve the relationship between microfinance institution and the unbanked.
