In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and th...In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.展开更多
Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This...Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.展开更多
Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional kno...Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.展开更多
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...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.展开更多
The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as ...The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property.展开更多
A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire d...A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire domain of jurisdiction. This article introduces the new concept of "intellectual-property-rights-ization", and discusses about the role and importance of this concept; a country that has normalized intellectual property rights are characterized by a people that realize the importance of intellectual property rights, a presence of a rule system that protects one 's intellectual property, an administration that regulates intellectual property rights, a specialization of labor in protecting IPR, and a strong education system.展开更多
This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relation...This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.展开更多
The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and dut...The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.展开更多
Since rural drinking water projects have diversified investment subjects,complex form,and lacks property right system and policy at national level,there are many difficulties in determining property right of projects ...Since rural drinking water projects have diversified investment subjects,complex form,and lacks property right system and policy at national level,there are many difficulties in determining property right of projects in many areas.This not only puzzles competent authorities and specific management institution,but also is unfavorable for long-term full play of project benefit.Combining related laws,regulations,and policies,this paper analyzed and discussed property right of rural drinking water projects.It proposed establishing usufructuary right to replace division of property right,in the hope of helping improve management of rural drinking water projects.展开更多
Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models o...Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.展开更多
The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly...The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.展开更多
During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phe...During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phenomena is that there are many establishment collectivities in the railway industry. Every railway transportation enterprise uses the railway network, the hinge, the organizing group station and even the control center, take the format of public property and state capital to organize the relative transportation resources, which is more efficient in many instances than the private property right and capital, which is also the important economic reason why in the railway industry all of the world there are still ubiquitous for the public property rights and state-capital.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
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”) le...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.展开更多
In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the d...In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.展开更多
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
Since 1999, shutdown policy has been one of the most important industrial policies in China 'S coal mining industry. There have been many controversies surrounding this policy and its effect on coal mine safety. This...Since 1999, shutdown policy has been one of the most important industrial policies in China 'S coal mining industry. There have been many controversies surrounding this policy and its effect on coal mine safety. This paper summarizes, analyzes and tests two contradicting views of the effects of shutdown policy on the mortality rate of township-and-village-owned coal mines. One view, or the regulative view, believes that shutdown policy induces firms to increase safety input, thus decreasing mortality. The opposing view, or the property rights view, argues that shutdown policy disturbs property rights stability and actually increases mortality. We built a simple theoretical model to analyze these contrasting rationales. The model uses the difference-in-difference method and provincial panel data from 1995 to 2005 to empirically test the policy's effects. Our findings are that shutdown policy significantly decreases output while also increasing mortality in township-and-village coal mines. This result is consistent with the property rights view.展开更多
The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and alloca...The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.展开更多
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...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.展开更多
基金Supported by Major Project of the National Social Science Fund(13&ZD027)National Natural Science Foundation of China(41371177)the National Science and Technology Support Planning(2012BAJ22B03)~~
文摘In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services (2022EDA060)。
文摘Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)。
文摘Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.
文摘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.
基金Supported by Key Project of National Social Science Fund(10AJL002)
文摘The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property.
文摘A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire domain of jurisdiction. This article introduces the new concept of "intellectual-property-rights-ization", and discusses about the role and importance of this concept; a country that has normalized intellectual property rights are characterized by a people that realize the importance of intellectual property rights, a presence of a rule system that protects one 's intellectual property, an administration that regulates intellectual property rights, a specialization of labor in protecting IPR, and a strong education system.
文摘This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.
文摘The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.
文摘Since rural drinking water projects have diversified investment subjects,complex form,and lacks property right system and policy at national level,there are many difficulties in determining property right of projects in many areas.This not only puzzles competent authorities and specific management institution,but also is unfavorable for long-term full play of project benefit.Combining related laws,regulations,and policies,this paper analyzed and discussed property right of rural drinking water projects.It proposed establishing usufructuary right to replace division of property right,in the hope of helping improve management of rural drinking water projects.
基金Funded by National Science and Technology Support Program (2008BAJ08B19)"Research on the Reform and Practice of Rural Collective Land Property in Chongqing Municipality" of National Land Surveying and Planning Institute-funded Projects (2007102480006)
文摘Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.
文摘The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.
文摘During the process of private enterprise and relaxing control, the railway industry of the entire world reserves considerably proportional state enterprise and state capital. One important reason of these economic phenomena is that there are many establishment collectivities in the railway industry. Every railway transportation enterprise uses the railway network, the hinge, the organizing group station and even the control center, take the format of public property and state capital to organize the relative transportation resources, which is more efficient in many instances than the private property right and capital, which is also the important economic reason why in the railway industry all of the world there are still ubiquitous for the public property rights and state-capital.
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.
文摘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.
基金Supported by National Natural Science Foundation of China(41771565)Henan Provincial Government Decision-Making Research Bidding Project(2017B189).
文摘In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.
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Since 1999, shutdown policy has been one of the most important industrial policies in China 'S coal mining industry. There have been many controversies surrounding this policy and its effect on coal mine safety. This paper summarizes, analyzes and tests two contradicting views of the effects of shutdown policy on the mortality rate of township-and-village-owned coal mines. One view, or the regulative view, believes that shutdown policy induces firms to increase safety input, thus decreasing mortality. The opposing view, or the property rights view, argues that shutdown policy disturbs property rights stability and actually increases mortality. We built a simple theoretical model to analyze these contrasting rationales. The model uses the difference-in-difference method and provincial panel data from 1995 to 2005 to empirically test the policy's effects. Our findings are that shutdown policy significantly decreases output while also increasing mortality in township-and-village coal mines. This result is consistent with the property rights view.
文摘The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.
文摘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.