In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to ...In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.展开更多
Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structure,actors and symbols involved in the modernization of social governance.Thi...Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structure,actors and symbols involved in the modernization of social governance.This is so much so that modernization of social governance is in practice misunderstood as the rule of law,informatization and adoption of technology.The core issue of social governance is the division of oversight and penalty costs between the state and individuals,but we need to call upon a statutory platform to facilitate cooperation between public and private rights.The modernization of social governance involves the use of legislation to provide techniques and statutory platforms for cooperation in an open society,ensuring the reasonable division of social governance information and penalty costs when public and private rights overlap.The social governance techniques that enable public and private rights to work together involve taking a group of observable symbols or organizations on which consensus has been reached as a statutory platform,with all sides bringing greater accountability to bear on this platform in order to maximize their interests and minimize their transaction costs,with no need to inquire further into its particular constitution.展开更多
The legal protection of intellectual property(IP)rights encompasses three key dimensions:private rights protection,state governance,and international coordination.At its core,IP represents private rights that individu...The legal protection of intellectual property(IP)rights encompasses three key dimensions:private rights protection,state governance,and international coordination.At its core,IP represents private rights that individuals lawfully enjoy over the outcomes of intellectual endeavors.The subject matter of these rights is specific information produced through intellectual innovation or business operation.Abuses in the operation of this system,such as preemptively acquiring information resources and packaging them as subject matters of IP for profit,should be corrected.Due to the intangibility of information,IP rights protection typically requires first determining the boundaries of the protected subject matter,followed by timely and adequate remedies for rights holders.This necessitates not only specialized,convenient rights confirmation but also fair and efficient enforcement provided by administrative and judicial agencies.The characteristic involvement of public authority based on the principle of"disclosure in exchange for protection"has turned the IP system into a state governance tool.Moreover,IP rights protection is closely tied to international trade,a field governed by numerous international treaties.The progress on the rule of law should not be divorced from domestic practice.Instead,it should adhere to the principle of territoriality,and incorporate the principles of economics,sociology,and other fields to pursue a win-win path for coordinated development between domestic and international rule of law.展开更多
Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copy...Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copyright occurs in the realm of cultural creation, and is closely related to cultural innovation and the culture industry; patent rights arise in the field of technical applications, and are closely allied with technical innovation and the technology industry; and trademarks function in the area of business operations and involve a number of issues such as product sales and market trading. In the knowledge-based economy, the implementation of an IPR system can have a profound impact on a country＇s economic development, technological progress, and cultural and educational prosperity. And in the context of economic globalization, IPR protection also involves international politics and trade as well as cultural and technological exchanges and cooperation between countries.It is therefore both important and necessary for us to explore the attributes of IPR from the perspective of civil law, and to examine the functions of IPR from the multiple perspectives of human rights theories, economics, management and policy science. This helps us reveal the basic meaning of intellectual property rights from different disciplinary perspectives, and to maintain problem orientation and methodological openness in IPR research.展开更多
基金a phased research achievement of Sichuan's social science programming project in 2019 titled“Overall Planning of Public Power and Expression of Private Rights in Inter-provincial Trading of Construction Land Quotas of Impoverished Regions”(project number:SC19B093)。
文摘In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.
文摘Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structure,actors and symbols involved in the modernization of social governance.This is so much so that modernization of social governance is in practice misunderstood as the rule of law,informatization and adoption of technology.The core issue of social governance is the division of oversight and penalty costs between the state and individuals,but we need to call upon a statutory platform to facilitate cooperation between public and private rights.The modernization of social governance involves the use of legislation to provide techniques and statutory platforms for cooperation in an open society,ensuring the reasonable division of social governance information and penalty costs when public and private rights overlap.The social governance techniques that enable public and private rights to work together involve taking a group of observable symbols or organizations on which consensus has been reached as a statutory platform,with all sides bringing greater accountability to bear on this platform in order to maximize their interests and minimize their transaction costs,with no need to inquire further into its particular constitution.
文摘The legal protection of intellectual property(IP)rights encompasses three key dimensions:private rights protection,state governance,and international coordination.At its core,IP represents private rights that individuals lawfully enjoy over the outcomes of intellectual endeavors.The subject matter of these rights is specific information produced through intellectual innovation or business operation.Abuses in the operation of this system,such as preemptively acquiring information resources and packaging them as subject matters of IP for profit,should be corrected.Due to the intangibility of information,IP rights protection typically requires first determining the boundaries of the protected subject matter,followed by timely and adequate remedies for rights holders.This necessitates not only specialized,convenient rights confirmation but also fair and efficient enforcement provided by administrative and judicial agencies.The characteristic involvement of public authority based on the principle of"disclosure in exchange for protection"has turned the IP system into a state governance tool.Moreover,IP rights protection is closely tied to international trade,a field governed by numerous international treaties.The progress on the rule of law should not be divorced from domestic practice.Instead,it should adhere to the principle of territoriality,and incorporate the principles of economics,sociology,and other fields to pursue a win-win path for coordinated development between domestic and international rule of law.
基金a phased achievement of the key research project "Research on the Implementation of an IPR Strategy under the Guidance of the Scientific Outlook on Development" (No.:07&ZD006)supported by the National Social Sciences Fund
文摘Among the multifarious systems of civil law rights, intellectual property rights （IPR） score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copyright occurs in the realm of cultural creation, and is closely related to cultural innovation and the culture industry; patent rights arise in the field of technical applications, and are closely allied with technical innovation and the technology industry; and trademarks function in the area of business operations and involve a number of issues such as product sales and market trading. In the knowledge-based economy, the implementation of an IPR system can have a profound impact on a country＇s economic development, technological progress, and cultural and educational prosperity. And in the context of economic globalization, IPR protection also involves international politics and trade as well as cultural and technological exchanges and cooperation between countries.It is therefore both important and necessary for us to explore the attributes of IPR from the perspective of civil law, and to examine the functions of IPR from the multiple perspectives of human rights theories, economics, management and policy science. This helps us reveal the basic meaning of intellectual property rights from different disciplinary perspectives, and to maintain problem orientation and methodological openness in IPR research.
