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 c...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 organi...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
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
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
Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The result...Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers'cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.展开更多
Coal-fired electricity enterprises are caught in the dilemma of relative fixed prices and rising costs under the scenario of decarbonization.Meanwhile,soaring market-oriented coal pricing results in coal enterprises’...Coal-fired electricity enterprises are caught in the dilemma of relative fixed prices and rising costs under the scenario of decarbonization.Meanwhile,soaring market-oriented coal pricing results in coal enterprises’increasing defaults on thermal coal medium-and long-term contracts(MLC).To investigate the implementation of MLC at the micro-level,this study formalized the contractual behaviors of coal and coal-fired electricity enterprises based on the asymmetric evolutionary game.We formalized the evolving behaviors of both parties using replicator dynamics equations and proved that there were two evolutionary stabilization strategies(ESSs):compliance and coal enterprises’unilateral default.A multi-agent-based simulation was applied to verify the evolving process of ESSs and determine the critical values of MLC design by sensitive analysis.From the simulation results,coal-fired electricity enterprises do not stop generation under the current carbon quota allocation mechanism,even if carbon emission trading increases electricity generation costs.Coal enterprises choose to“default”when the market price of coal is higher than the contracted price by 18%.However,if the original reparation is increased by 5%,the compliance rate of the coal enterprises improves.Dynamic reparations embedded in the MLC improved enforcement during the contracting period.Moreover,the proposed policy implications have practical significance for enhancing the coordinated operation of coal-electricity energy supply chains.展开更多
In situations where discontinuity in operation occurs, specifically in a country where coontractualization has an increasing trend, the performance level of operators after the work break is of great interest. Existin...In situations where discontinuity in operation occurs, specifically in a country where coontractualization has an increasing trend, the performance level of operators after the work break is of great interest. Existing studies have found that the performance of an operator declines after her operation is completely stopped. However, when the operator performed other tasks （may it be similar or not from her previous task） during the work break, the performance after the work break seems to be affected at different level. Contractual and regular operators from a semiconductor and textile company were considered to replicate a discontinuous and continuous operation. The processing times of contractual workers before and after several months of work break were compared. Two types of work break were seen to have significant effect on an operator＇s performance after the work break, Type 1： 0% to 40% similarity from previous task and Type 2： 40% to 97% similarity from previous task. One can find that when 21% of tasks performed during the work break are similar to the operator＇s previous task, there would be no change in her performance upon returning. On the other hand, a 5% decline in performance was observed after work break type 1 and an 8.54% improvement after work break type 2. Also, a remission rate of 18% from end of stint 1 to start of stint 2 under work break type 1 was seen, while 8% for work break type 2. This may also be true to other industries. Thus, further study is suggested.展开更多
Building Information Modelling (BIM) is a technology and a process that has brought changes in the construction’s traditional procurement system. Kenya lacks contractual guidelines on implementation of BIM;this makes...Building Information Modelling (BIM) is a technology and a process that has brought changes in the construction’s traditional procurement system. Kenya lacks contractual guidelines on implementation of BIM;this makes the adoption of BIM slow and difficult. Previous research has identified a gap in contractual relationships, roles and resulting risks. The objectives of this study were to investigate BIM adoption in Nairobi and to investigate the influence of BIM on Engineering Contract Management (ECM)</span><span style="font-family:Verdana;"> in Nairobi Kenya</span><span style="font-family:Verdana;">. The survey research was a descriptive study with 175 responsive questionnaires. Respondents comprised of Civil Engineers, Construction Project Managers, Architects, Quantity Surveyors, Contractors and Facility Managers. Data was collected through self-administered questionnaire and in-depth interview. Descriptive analytics, correlation and Exploratory factor analysis methods were used to analyse quantitative data. Qualitative data was analysed thematically. It emerged that adoption level was at 56.6% and shallow understanding of BIM capabilities remains to be a barrier to its adoption and implementation. It also emerged that BIM improves ECM;when time, cost, quality, collaboration and return on investment improve, ECM becomes easier. Latent factors found in BIM and ECM relationship were Legal Implications, awareness and knowledge, efficiency, versatility, mandate and leadership, and competitiveness. Further, the study found out that BIM influence on ECM demands for establishment of standards, guidelines, policy, legal framework, and regulations, which can be achieved by amending the public procurement act which dictates the operation of all the other standard forms of contract. Further research should be conducted to measure whether the understanding of BIM had positively improved.展开更多
The user control over the life cycle of data is of an extreme importance in clouds in order to determine whether the service provider adheres to the client’s pre-specified needs in the contract between them or n...The user control over the life cycle of data is of an extreme importance in clouds in order to determine whether the service provider adheres to the client’s pre-specified needs in the contract between them or not, significant clients concerns raise on some aspects like social, location and the laws to which the data are subject to. The problem is even magnified more with the lack of transparency by Cloud Service Providers (CSPs). Auditing and compliance enforcement introduce different set of challenges in cloud computing that are not yet resolved. In this paper, a conducted questionnaire showed that the data owners have real concerns about not just the secrecy and integrity of their data in cloud environment, but also for spatial, temporal, and legal issues related to their data especially for sensitive or personal data. The questionnaire results show the importance for the data owners to address mainly three major issues: Their ability to continue the work, the secrecy and integrity of their data, and the spatial, legal, temporal constraints related to their data. Although a good volume of work was dedicated for auditing in the literature, only little work was dedicated to the fulfillment of the contractual obligations of the CSPs. The paper contributes to knowledge by proposing an extension to the auditing models to include the fulfillment of contractual obligations aspects beside the important aspects of secrecy and integrity of client’s data.展开更多
This study aims to investigate the main factors affecting a consumer’s choice of mobile phone service provider contracts, and to determine which of these factors are important in a consumer’s decision-making pr...This study aims to investigate the main factors affecting a consumer’s choice of mobile phone service provider contracts, and to determine which of these factors are important in a consumer’s decision-making process. As this decision is particularly pertinent within the contractual behavior setting, there is a need to explore the main factors that shape mobile phone subscriber choices when entering into a mobile phone telecommunication service contract. To do so, a set of mobile interrelated contract dimensions and a set of mobile service provider interrelated dimensions were identified and tested. The convenience sampling technique was employed and 400 questionnaires were distributed to mobile phone subscribers in Jordan with a response rate of 78.5%. By using the regression analysis, result analysis revealed that the main factor affecting consumer choices was “contract features”, with a relative importance of 41%. After a set of mobile phone contract hypotheses were identified and tested, it was found that contract price, with about 15% relative importance, was the main contract feature that affected consumer choices, followed by the size of data that were related to the number of minutes and/or number of messages offered within the mobile service contract package. In addition, “company factors”, with about 18% relative importance, were found to affect consumer choice of service provider contracts. The principal issue affecting consumer choice decisions was “switching cost”, which was the highest relative importance element of company interrelated factors and found to influence mobile subscriber contracts choice significantly. However, other company factors like signal strength and sales outlet availability had no significant impact on consumer choices and ranked less for consumer-choice priority. More attention is needed from scholars to study the effect of other possible mobile phone contract dimensions from customers’ perspective.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.
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.
基金Supported by National Natural Science Foundation of China(70973101)Fundamental Research Funds for the Central Universities in Southwest University for Nationalities(11SZYTH11)Applied Economics and Industrial Economics Master Degree Program of Southwest University for Nationalities(2011XWD-S0202)
文摘Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers'cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.
基金supported by the Fund of Education Ministry Humanity and Society (No. 18YJCZH016)
文摘Coal-fired electricity enterprises are caught in the dilemma of relative fixed prices and rising costs under the scenario of decarbonization.Meanwhile,soaring market-oriented coal pricing results in coal enterprises’increasing defaults on thermal coal medium-and long-term contracts(MLC).To investigate the implementation of MLC at the micro-level,this study formalized the contractual behaviors of coal and coal-fired electricity enterprises based on the asymmetric evolutionary game.We formalized the evolving behaviors of both parties using replicator dynamics equations and proved that there were two evolutionary stabilization strategies(ESSs):compliance and coal enterprises’unilateral default.A multi-agent-based simulation was applied to verify the evolving process of ESSs and determine the critical values of MLC design by sensitive analysis.From the simulation results,coal-fired electricity enterprises do not stop generation under the current carbon quota allocation mechanism,even if carbon emission trading increases electricity generation costs.Coal enterprises choose to“default”when the market price of coal is higher than the contracted price by 18%.However,if the original reparation is increased by 5%,the compliance rate of the coal enterprises improves.Dynamic reparations embedded in the MLC improved enforcement during the contracting period.Moreover,the proposed policy implications have practical significance for enhancing the coordinated operation of coal-electricity energy supply chains.
文摘In situations where discontinuity in operation occurs, specifically in a country where coontractualization has an increasing trend, the performance level of operators after the work break is of great interest. Existing studies have found that the performance of an operator declines after her operation is completely stopped. However, when the operator performed other tasks （may it be similar or not from her previous task） during the work break, the performance after the work break seems to be affected at different level. Contractual and regular operators from a semiconductor and textile company were considered to replicate a discontinuous and continuous operation. The processing times of contractual workers before and after several months of work break were compared. Two types of work break were seen to have significant effect on an operator＇s performance after the work break, Type 1： 0% to 40% similarity from previous task and Type 2： 40% to 97% similarity from previous task. One can find that when 21% of tasks performed during the work break are similar to the operator＇s previous task, there would be no change in her performance upon returning. On the other hand, a 5% decline in performance was observed after work break type 1 and an 8.54% improvement after work break type 2. Also, a remission rate of 18% from end of stint 1 to start of stint 2 under work break type 1 was seen, while 8% for work break type 2. This may also be true to other industries. Thus, further study is suggested.
文摘Building Information Modelling (BIM) is a technology and a process that has brought changes in the construction’s traditional procurement system. Kenya lacks contractual guidelines on implementation of BIM;this makes the adoption of BIM slow and difficult. Previous research has identified a gap in contractual relationships, roles and resulting risks. The objectives of this study were to investigate BIM adoption in Nairobi and to investigate the influence of BIM on Engineering Contract Management (ECM)</span><span style="font-family:Verdana;"> in Nairobi Kenya</span><span style="font-family:Verdana;">. The survey research was a descriptive study with 175 responsive questionnaires. Respondents comprised of Civil Engineers, Construction Project Managers, Architects, Quantity Surveyors, Contractors and Facility Managers. Data was collected through self-administered questionnaire and in-depth interview. Descriptive analytics, correlation and Exploratory factor analysis methods were used to analyse quantitative data. Qualitative data was analysed thematically. It emerged that adoption level was at 56.6% and shallow understanding of BIM capabilities remains to be a barrier to its adoption and implementation. It also emerged that BIM improves ECM;when time, cost, quality, collaboration and return on investment improve, ECM becomes easier. Latent factors found in BIM and ECM relationship were Legal Implications, awareness and knowledge, efficiency, versatility, mandate and leadership, and competitiveness. Further, the study found out that BIM influence on ECM demands for establishment of standards, guidelines, policy, legal framework, and regulations, which can be achieved by amending the public procurement act which dictates the operation of all the other standard forms of contract. Further research should be conducted to measure whether the understanding of BIM had positively improved.
文摘The user control over the life cycle of data is of an extreme importance in clouds in order to determine whether the service provider adheres to the client’s pre-specified needs in the contract between them or not, significant clients concerns raise on some aspects like social, location and the laws to which the data are subject to. The problem is even magnified more with the lack of transparency by Cloud Service Providers (CSPs). Auditing and compliance enforcement introduce different set of challenges in cloud computing that are not yet resolved. In this paper, a conducted questionnaire showed that the data owners have real concerns about not just the secrecy and integrity of their data in cloud environment, but also for spatial, temporal, and legal issues related to their data especially for sensitive or personal data. The questionnaire results show the importance for the data owners to address mainly three major issues: Their ability to continue the work, the secrecy and integrity of their data, and the spatial, legal, temporal constraints related to their data. Although a good volume of work was dedicated for auditing in the literature, only little work was dedicated to the fulfillment of the contractual obligations of the CSPs. The paper contributes to knowledge by proposing an extension to the auditing models to include the fulfillment of contractual obligations aspects beside the important aspects of secrecy and integrity of client’s data.
文摘This study aims to investigate the main factors affecting a consumer’s choice of mobile phone service provider contracts, and to determine which of these factors are important in a consumer’s decision-making process. As this decision is particularly pertinent within the contractual behavior setting, there is a need to explore the main factors that shape mobile phone subscriber choices when entering into a mobile phone telecommunication service contract. To do so, a set of mobile interrelated contract dimensions and a set of mobile service provider interrelated dimensions were identified and tested. The convenience sampling technique was employed and 400 questionnaires were distributed to mobile phone subscribers in Jordan with a response rate of 78.5%. By using the regression analysis, result analysis revealed that the main factor affecting consumer choices was “contract features”, with a relative importance of 41%. After a set of mobile phone contract hypotheses were identified and tested, it was found that contract price, with about 15% relative importance, was the main contract feature that affected consumer choices, followed by the size of data that were related to the number of minutes and/or number of messages offered within the mobile service contract package. In addition, “company factors”, with about 18% relative importance, were found to affect consumer choice of service provider contracts. The principal issue affecting consumer choice decisions was “switching cost”, which was the highest relative importance element of company interrelated factors and found to influence mobile subscriber contracts choice significantly. However, other company factors like signal strength and sales outlet availability had no significant impact on consumer choices and ranked less for consumer-choice priority. More attention is needed from scholars to study the effect of other possible mobile phone contract dimensions from customers’ perspective.
