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 ...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.展开更多
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 la...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.展开更多
Dairy industry is the pillar of Heilongjiang Province. The contractual relationship of the dairy supply chain played a vital role in the dairy industry for development. The contractual relationship between the main da...Dairy industry is the pillar of Heilongjiang Province. The contractual relationship of the dairy supply chain played a vital role in the dairy industry for development. The contractual relationship between the main dairy farming body and the dairy processing enterprise, as well as the impact of this contractual relationship on their cooperation in dairy supply chain were studied. Taking 366 dairy farming bodies in Heilongjiang Province as the main research objects, Likert scale was used to measure the factors affecting the contractual relationship and applied these factors to the correlation construction of dairy farming body and processing enterprise. Then, confirmatory factor analysis was used to collect data and made the conclusion that once dairy farming body perceived the opportunistic behavior and lacking of cooperation, the trust of dairy processing enterprise would be lost. Additionally, the satisfaction of dairy farming body on partnership also had a positive effect on the level of trust and commitment, the relative dependence and the perception of the partnerships, which made it possible to analyze how to strengthen the contractual relationship and provide theoretical basis for dairy industry development in Heilongjiang Province.展开更多
Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to im...Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.展开更多
Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent know...Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.展开更多
In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual mana...In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual management right can be mortgaged in the practice of China's legislation on land circulation. We firstly introduced current situations of mortgage of farmland contractual management right in China. Then, we analyzed existing problems in mortgage of farmland contractual management right. Finally, we put forward corresponding countermeasures and recommendations, to bring into full play land use efficiency, more rationally distribute land resource, and further promote development of rural economy.展开更多
In the perspective of new institutional economics,we regard farmers' cooperatives as a "contractual set" integrating a series of long-term contractual relations,and transform the selection problem of org...In the perspective of new institutional economics,we regard farmers' cooperatives as a "contractual set" integrating a series of long-term contractual relations,and transform the selection problem of organization forms into selection problem of contractual model within organization.By the theoretical framework of Transaction Cost Economics,we analyze the formation mechanism and determinant factors of contractual model of different farmers' cooperatives and conduct case study on Production and Marketing Cooperative of Sweet Pomegranate in Mengzi,Yunnan.The results show that selecting contractual forms of cooperatives is the result of weighing many factors;new organization model or contractual arrangement is complementary to the former system arrangement;the selection of cooperatives model is an important factor impacting cooperation efficiency and stability of organization.One organization model with efficiency not only hinges on the transaction characteristic of organization,but also considers the compatibility with exterior transaction environment.In the process of selecting contractual model,we should conform to objective evolving law,but not be in thrall to a certain given form.展开更多
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...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.展开更多
Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study t...Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.展开更多
Abstract： Contractual savings scheme is specific purpose saving, which was provided in Slovakia since 1993. It is a state-supported saving, the purpose of which is to finance housing needs in the Slovak Republic. Sav...Abstract： Contractual savings scheme is specific purpose saving, which was provided in Slovakia since 1993. It is a state-supported saving, the purpose of which is to finance housing needs in the Slovak Republic. Savers can be an individual, association of owners or legal person who enters into a contract with building society or for whom the contract about contractual savings scheme is concluded. State bonuses is contractual savings scheme, a significantly more attractive form of targeted saving. This ensures the supply of investment in the construction sector, which in turn through multiplier effect significantly affects other sectors of the national economy. In this article, the authors deal with the influence of contractual savings scheme to the national economy of the Slovak Republic. The main objective of this study is describing the effectiveness of state bonuses for contractual savings scheme. It is simulated through the impact of contractual savings scheme on employment, on public funds and impact on public finances. This effect is illustrated on a model of state subsidizing of each one Euro spent through the state bonuses for contractual savings scheme and its impact for the national economy with offsetting the significant role of the multiplier effect.展开更多
With the occurrence of economic globalization,the translation of contractual English has played an increasingly important role in China economy.However,as a subject of business English,it is rare to find the research ...With the occurrence of economic globalization,the translation of contractual English has played an increasingly important role in China economy.However,as a subject of business English,it is rare to find the research of contractual English,furthermore,the general translation theory including business English is not suited for contractual English translation.It will have both theoretical meanings and practical meanings to analysize contractual English translation.After simple contrast between business English and contractual English,from the characteristic of contractual English,the author discussed in detail about his understanding and research of the standards and mode of contractual English translation.The translation criteria:"faithfulness","exactness"and"customariness"are suggested.In the translation mode,the linguistic analysis is used to translate the contract,namely,vocabulary and syntax.The paper is completed on the basis of the author's knowledge on the linguistic theroy and understandings of contract and contractual English.展开更多
As contract is a written document in which what the parties are concerned and agree is stated, the simplest way to understand the drafting of the contract is, from the author's point of view, to be well acquainted...As contract is a written document in which what the parties are concerned and agree is stated, the simplest way to understand the drafting of the contract is, from the author's point of view, to be well acquainted with contractual language. Therefore, this article is intended to give a brief account of the language features of contractual English.展开更多
Genotyping of 2 well-known weevil species from the genus Ceutorhynchus （Coleoptera： Curculionidae） distributed in west Palearctic, C. erysimi and C. contractus, revealed phenotype versus genotype inconsistencies in...Genotyping of 2 well-known weevil species from the genus Ceutorhynchus （Coleoptera： Curculionidae） distributed in west Palearctic, C. erysimi and C. contractus, revealed phenotype versus genotype inconsistencies in a set of 56 specimens （25 C. erysimi and 31 C. contractus） collected from 25 locations in Serbia and Montenegro. An analysis of the mitochondrial cytochrome oxidase subunit I gene （CO1）, widely used as a barcoding region, and a nuclear gene, elongation factor-v （EF-1α）, revealed stable genetic divergence among these species. The average uncorrected pairwise distances for the CO1 and EF-1α genes were 3.8%, and 1.3%, respectively, indicating 2 genetically well-segregated species. However, the genetic data were not congruent with the phenotypic characteristics of the studied specimens. In the first place, C. erysimi genotypes were attached to specimens with phenotypic characteristics of C. contractus. Species-specific PCR-RFLP assays for the barcoding gene COIwere applied for the molecular identification of 101 additional specimens of both morphospecies （33 C. erysimi and 68 C. contractus） and were found to confirm this incongruity. The discrepancy between the genetic and morphological data raises the question of the accuracy of using a barcoding approach, as it may result in misleading conclusions about the taxonomic position of the studied organism. Additionally, the typological species concept shows considerable weakness when genetic data are not supported with phenotypic characteristics as in case of asymmetric introgression, which may cause certain problems, especially in applied studies such as biological control programs in which the biological properties of the studied organisms are the main focus.展开更多
In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two school...In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls＇ and Scanlon＇s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls＇ justification device of the ＂original position.＂ First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the ＂original position.＂ Third, it will show that the parties in the ＂original position＂ would choose one of these relationships as the principle of rights. Finally, Rawls＇ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.展开更多
基金Supported by the Soft Science Program of Henan Provincial Science & Technology Department in 2009( 092400420076)
文摘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.
文摘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.
基金Supported by the National Natural Science Foundation(71303040)Chinese Postdoctoral Science Foundation 54 Group of First Aid(2013M540268)the Fund Project of Humanities and Social Science of Youth in Research of the Ministry of Education(13YJC790142)
文摘Dairy industry is the pillar of Heilongjiang Province. The contractual relationship of the dairy supply chain played a vital role in the dairy industry for development. The contractual relationship between the main dairy farming body and the dairy processing enterprise, as well as the impact of this contractual relationship on their cooperation in dairy supply chain were studied. Taking 366 dairy farming bodies in Heilongjiang Province as the main research objects, Likert scale was used to measure the factors affecting the contractual relationship and applied these factors to the correlation construction of dairy farming body and processing enterprise. Then, confirmatory factor analysis was used to collect data and made the conclusion that once dairy farming body perceived the opportunistic behavior and lacking of cooperation, the trust of dairy processing enterprise would be lost. Additionally, the satisfaction of dairy farming body on partnership also had a positive effect on the level of trust and commitment, the relative dependence and the perception of the partnerships, which made it possible to analyze how to strengthen the contractual relationship and provide theoretical basis for dairy industry development in Heilongjiang Province.
文摘Under Chinese law, when parties have signed an equity transfer agreement of the Chinese-Foreign contractual joint venture, they need to report to the examination and approval authority for approval. However, due to imperfection of and conflicts among laws and regulations as well as misunderstanding of the above system, it is always difficult for judges to determine the validity of such equity transfer agreement under the administrative approval system. Among the three categories of FIEs provided in Chinese law 1, scholars have had a comprehensive discussion over equity transfer agreement involving Sino-Foreign Equity Joint Venture Enterprises, but this case is concerned with the equity transfer agreement of a Chinese-Foreign contractual joint venture. In this case, the People's Supreme Court holds that the equity transfer agreement that has not undergone the approval procedures are not valid but not void. Furthermore, the parties that are bound to submit the agreement to the approval authority shall perform their duties of this kind.
基金Supported by Project of National Social Science Foundation(09CJY054 and 11BJY050)
文摘Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.
基金Supported by Project of National Social Science Foundation(09CJY054 and 11BJY050)
文摘In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual management right can be mortgaged in the practice of China's legislation on land circulation. We firstly introduced current situations of mortgage of farmland contractual management right in China. Then, we analyzed existing problems in mortgage of farmland contractual management right. Finally, we put forward corresponding countermeasures and recommendations, to bring into full play land use efficiency, more rationally distribute land resource, and further promote development of rural economy.
文摘In the perspective of new institutional economics,we regard farmers' cooperatives as a "contractual set" integrating a series of long-term contractual relations,and transform the selection problem of organization forms into selection problem of contractual model within organization.By the theoretical framework of Transaction Cost Economics,we analyze the formation mechanism and determinant factors of contractual model of different farmers' cooperatives and conduct case study on Production and Marketing Cooperative of Sweet Pomegranate in Mengzi,Yunnan.The results show that selecting contractual forms of cooperatives is the result of weighing many factors;new organization model or contractual arrangement is complementary to the former system arrangement;the selection of cooperatives model is an important factor impacting cooperation efficiency and stability of organization.One organization model with efficiency not only hinges on the transaction characteristic of organization,but also considers the compatibility with exterior transaction environment.In the process of selecting contractual model,we should conform to objective evolving law,but not be in thrall to a certain given form.
基金Supported by the Research Project of Humanities and Social Sciencesat Universities(08KN020) launched by Guizhou Provincial Education Department
文摘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.
文摘Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.
文摘Abstract： Contractual savings scheme is specific purpose saving, which was provided in Slovakia since 1993. It is a state-supported saving, the purpose of which is to finance housing needs in the Slovak Republic. Savers can be an individual, association of owners or legal person who enters into a contract with building society or for whom the contract about contractual savings scheme is concluded. State bonuses is contractual savings scheme, a significantly more attractive form of targeted saving. This ensures the supply of investment in the construction sector, which in turn through multiplier effect significantly affects other sectors of the national economy. In this article, the authors deal with the influence of contractual savings scheme to the national economy of the Slovak Republic. The main objective of this study is describing the effectiveness of state bonuses for contractual savings scheme. It is simulated through the impact of contractual savings scheme on employment, on public funds and impact on public finances. This effect is illustrated on a model of state subsidizing of each one Euro spent through the state bonuses for contractual savings scheme and its impact for the national economy with offsetting the significant role of the multiplier effect.
文摘With the occurrence of economic globalization,the translation of contractual English has played an increasingly important role in China economy.However,as a subject of business English,it is rare to find the research of contractual English,furthermore,the general translation theory including business English is not suited for contractual English translation.It will have both theoretical meanings and practical meanings to analysize contractual English translation.After simple contrast between business English and contractual English,from the characteristic of contractual English,the author discussed in detail about his understanding and research of the standards and mode of contractual English translation.The translation criteria:"faithfulness","exactness"and"customariness"are suggested.In the translation mode,the linguistic analysis is used to translate the contract,namely,vocabulary and syntax.The paper is completed on the basis of the author's knowledge on the linguistic theroy and understandings of contract and contractual English.
文摘As contract is a written document in which what the parties are concerned and agree is stated, the simplest way to understand the drafting of the contract is, from the author's point of view, to be well acquainted with contractual language. Therefore, this article is intended to give a brief account of the language features of contractual English.
文摘Genotyping of 2 well-known weevil species from the genus Ceutorhynchus （Coleoptera： Curculionidae） distributed in west Palearctic, C. erysimi and C. contractus, revealed phenotype versus genotype inconsistencies in a set of 56 specimens （25 C. erysimi and 31 C. contractus） collected from 25 locations in Serbia and Montenegro. An analysis of the mitochondrial cytochrome oxidase subunit I gene （CO1）, widely used as a barcoding region, and a nuclear gene, elongation factor-v （EF-1α）, revealed stable genetic divergence among these species. The average uncorrected pairwise distances for the CO1 and EF-1α genes were 3.8%, and 1.3%, respectively, indicating 2 genetically well-segregated species. However, the genetic data were not congruent with the phenotypic characteristics of the studied specimens. In the first place, C. erysimi genotypes were attached to specimens with phenotypic characteristics of C. contractus. Species-specific PCR-RFLP assays for the barcoding gene COIwere applied for the molecular identification of 101 additional specimens of both morphospecies （33 C. erysimi and 68 C. contractus） and were found to confirm this incongruity. The discrepancy between the genetic and morphological data raises the question of the accuracy of using a barcoding approach, as it may result in misleading conclusions about the taxonomic position of the studied organism. Additionally, the typological species concept shows considerable weakness when genetic data are not supported with phenotypic characteristics as in case of asymmetric introgression, which may cause certain problems, especially in applied studies such as biological control programs in which the biological properties of the studied organisms are the main focus.
文摘In contemporary moral and political philosophy, there are two leading approaches to the justification of rights. These could be broadly identified as deontological theories and consequential theories. These two schools of theories each have their own strengths and weakness, while there is also a third contractual approach that is under represented. Because Rawls＇ and Scanlon＇s well-known contractual theories are designed for purposes other than the justification of rights, the purpose of this paper is to establish a principle of rights on the basis of Rawls＇ justification device of the ＂original position.＂ First, it supplies a criterion based on human conduct or action. Second, based on this account of human conduct, different types of relationships are constructed and presented to the parties in the ＂original position.＂ Third, it will show that the parties in the ＂original position＂ would choose one of these relationships as the principle of rights. Finally, Rawls＇ first principle of justice will be reformulated. The procedure of choosing a principle of rights in this paper could also be viewed as a demonstration that, when properly situated and motivated, human beings exhibit their potential as rational beings.
