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.

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.

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.

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.

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.

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.

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 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.

Partial portal vein arterialization using right gastroepiploic artery:A novel solution for portal hypoperfusion

To the Editor:Establishing dual arterial and portal inflow is essential for liver transplantation[1].Inadequate portal inflow compromises graft function and graft survival[2].Portal hypoperfusion is usually a consequence of spontaneous portosystemic shunt,ligation of which

Analysis of China's Oil and Gas Policy in 2015

The reforms in oil and gas sector have been accelerated in 2015. The reform of mineral rights has begun and 6 oil and gas exploration zones in Xinjiang Autonomous Region have served as the tender pilots, breaking through the requirements on the resources varieties, exploration phase and enterprise qual!fication. The right of importing and using of the crude oil has been gradually relaxed and 13 local refineries have obtained the right to use imported crude oil of 55.1888 million tons per year. The natural gas price for non-residential use was unified and a universal price was set ~r the incremental supply and existing supply. Tire Shanghai Petroleum and Gas Exchange （SHPGX） was established and laid foundation for the market mechanism to detervnine the price. The government governance has undergone continuous adjustments such as regulating the tax instead of charging the fees, streamlining administration and delegating power to tire lower levels.The Guidelines on Deepening tire Reform of State-owned Enterprises was released, symbolizing the accomplishment of the overall planning ~ the SOE reform.

SECURITY OF USE RIGHT FOR FOREST LAND AND COMMUNITY FORESTRY-A Case Study of the CompensatedTransfer of Use Right over CollectiveWasteland in Yao'an County

1Background1.1BasicsituationofstudysiteYao'ancountyislocatedinthenorthwesternpartofcentralYunnanplateau.ItisoneoftheimportantgrainProductionbasecountiesofYunnanProvince.HanandYiarethemainethnicgroupsinthisprovince.BanliuAdministrativeVillagebelongsto...

乡村振兴视域下宅基地“三权分置”改革进路研究——以广东南海为样本

宅基地“三权分置”改革事关农民切身利益,系及乡村振兴大局。我国宅基地制度历经三个发展阶段:“二权合一”“两权分离”到“三权分置”。目前,宅基地制度改革在理论上存在“三权”构造分歧,主要包括“用益物权说”“成员权说”以及“债权说”;在实践中面临所有权主体虚置弱化、资格权立法缺失、使用权流转受限的现实困境。以广东南海为样本,在乡村振兴视域下探索宅基地“三权分置”改革进路,其突破点应包括以下三个方面:明确宅基地管理主体、完整集体权能,落实集体所有权;界定资格权为农户申请宅基地的基本权益,实现保障权能;适度活化宅基地使用权,显化财产价值。

强制执行农村集体土地使用权的法律问题

农村集体土地使用权按用途可以分为农用地使用权、宅基地使用权、集体经营性建设用地使用权和集体公益性用地使用权。农用地使用权又称为土地承包经营权,土地承包经营权和土地经营权可依法流转,均可成为执行标的,执行过程中应遵循保持土地农业用途等法律规定。法律对宅基地使用权的流转做了一些限制性规定,在法律允许的范围内,宅基地使用权可以通过适当方式予以执行。依据《土地管理法》的规定,集体经营性建设用地使用权具有流转性,可以通过变价、强制管理等方式执行。集体公益性用地使用权不具备流转性,不能成为强制执行的标的。

宅基地使用权适度放活:继承争议与破解路径

适度放活使用权是宅基地“三权分置”改革的关捩点。源于宅基地“一户一宅”的原则限制、宅基地继承主体的身份限制、继承客体的无偿性和无期限性限制,宅基地使用权的继承问题争议不断。研究认为,应完善宅基地继承取得条件,明确继承的合法性以及权利主体的属性,完善宅基地使用权的权能;构建宅基地使用权继承条件,坚持“房地一体”原则与附期限继承方式;积极探索宅基地使用权继承制度,不断完善登记确权制度、有偿退出制度和有偿使用制度,有效放活宅基地使用权。

深化农村宅基地制度改革赋予农户用益物权

改革开放40年来,我国农民与土地关系发生历史性变化。根据用益物权法,用益物权人对他人(集体)所有的土地,依法享有占有、使用和收益的权利。用益物权是对所有权的部分权能重新组合形成的权利,体现了所有权和其他权能的分离。承包地所有权、承包权和经营权分置,不仅充分调动亿万农民群众积极性,还为土地经营权流转、发展适度规模经营奠定制度基础。农村宅基地制度改革遵循提高利用率和增加农民财产性收入的原则,依据用益物权法规定,实现所有权、资格权和使用权分置,增强使用权流动性,探索农民住房财产权抵押、担保、转让的有效途径,实现发展农村要素市场与完善产权制度有机结合。