论土地利用中的规制性征收

公共建设是现代行政结构下行政任务的基本构成。城市化背景下,公共建设任务的扩张以及行政任务的多元化,使行政主体难以独自达成庞杂的公共建设任务。规制性征收是通过城市规划将公共建设任务从行政主体转移至私的土地利用主体的法律机制。规制性征收的社会正义性基础在于引导土地利用迈向公平与正义。这种替代性的公共建设模式面临诸多法律问题,因而需要从多维的视角审视其制度合法性。     

Judicial Murder‐Suicides in Van Diemen's Land

On the morning of December 17, 1827, nine convicts were executed by public hanging in Hobart Town, the capital of the British colony of Van Diemen's Land (now the Australian state of Tasmania). Two months previously they had drowned senior Constable George Rex on Small Island, which was part of the penal settlement at Macquarie Harbor, in front of five bound and gagged witnesses. They offered no defence at their trial. Examination of the Tasmanian colonial convict records shows that “suicide by lottery” involved convicts choosing two men, one to die and the other to kill him. The witnesses would earn a respite when taken away for the trial, and the murderer would be executed. “Death by gallows” could be considered a nineteenth‐century version of an orchestrated suicide reminiscent of more modern “death by cop.” This category of “judicial” murder‐suicide expands the range of contemporary classifications of dyadic deaths.     

中国民法典的三个创新

新中国第一部以法典命名的法律终于颁布施行了.建国70多年以来,民法典先后经历了五次的起草编纂,这一次我们终于把我国这么多年来现行的民商事法律法规编纂成一部法典.民法典在编纂上既没有采取德国五编制或法国三编制,而是采取了中国特色的七编制,单独设立了人格权编、侵权责任编,摈弃债法总则.民法典内容上的创新也不少.民事主体采用...     

Death and injury caused by land mines in Burma

One hundred and eighty-eight Burmese refugees in Thailand were interviewed. One hundred and five of those interviewed had knowledge of a total of 313 persons who had been exposed to land mine explosions. Twenty-three of the interviewed were land mine survivors. They were all male, aged between eight and 68 years, and all except one had been injured between 1986 and 1997. Fifteen of the 23 were civilians, eight were guerilla soldiers who were injured either in battle or while deploying or disarming land mines. Those who had stepped on land mines were all crus or femur amputated and had several scars on the lower limbs, abdomen and some also on the forearms. Those who had handled a land mine had lost either fingers or hands and one also lost both eyes. This study shows that the frequency of land mine accidents in Burma has been underestimated and that the mortality is high. The study also supports the general impression that many victims are civilians.     

中东欧和独联体转型国家国有农地制度研究述评

许多独联体和中东欧地区国家转型后对农地所有制进行了变革,但并不彻底,还有一定规模的国有农地被保留。相应成立的土地基金等国有农地管理机构,通过出租、出售等经济手段对国有农地进行管理,目的是形成规模合理的农业生产单位,解决农业所有制转型后存在的土地碎片化和生产单位二元结构等问题,提高农业效率,促进农户生产和现代农业发展有机衔接。一些国有农地管理机构还担负着农村公共服务职能。本文的研究表明,通过农地所有权、承包权和经营权“三权分置”,确保租约稳定,完善配套的法律制度和土地交易制度,优化市场环境,对于提高国有农地的使用效率和增强土地利用的可持续性至关重要。     

论葡萄牙征收中的私权保护制度

在葡萄牙,行政部门的征收行为受《征收法典》的统一规制。其征收制度遵循法定、正义、平等、适度、平等、公正及诚实信用原则,追求公共利益与个人利益之间的平衡,较为充分地体现了对被征收人的私权保护,对完善我国征收制度具有一定的借鉴意义。     

Land grab/data grab: precision agriculture and its new horizons

ABSTRACT

Developments in the area of ‘precision agriculture’ are creating new data points (about flows, soils, pests, climate) that agricultural technology providers ‘grab’, aggregate, compute and/or sell. Food producers now churn out food and, increasingly, data. ‘Land grabs’ on the horizon in the global south are bound up with the dynamics of data grabbing, although hitherto researchers have not revealed enough about the people and projects at issue. Against this backdrop, this paper examines some key issues taking shape, while highlighting new frontiers for research and introducing the concept ‘data sovereignty’, which food sovereignty practitioners (and others) need to begin considering.     

土地征收的私权保护——兼论我国土地立法的完善

我国由于现行土地征收立法本身存在内在冲突和漏洞 ,又加观念、制度、操作等方面的问题 ,造成土地征收中公权侵害私权 ,产生了严重的社会后果。解决问题的根本出路在于 :更新立法理念 ,贯彻私权保护原则 ;明确界定公共利益范围 ,严格限制征收权的滥用 ;开放农村建设用地市场 ,促进土地资源高效配置 ;健全土地征收程序 ,增强公开性、公正性 ;完善土地征收补偿制度等     

Large-scale land deals in Sierra Leone at the intersection of gender and lineage

There is wide engagement with large-scale land deals in sub-Saharan Africa, particularly from the perspectives of development and international political economy. Recently, scholars have increasingly pointed to a gendered lacuna in this literature. Engagement with gender tends to focus on potential differential impacts for men and women, and it also flags the need for more detailed empirical research of specific land deals. This paper draws from ethnographic data collected in Northern Sierra Leone to support the claim that the impacts of land deals are highly gendered, but it also argues that lineage in a land-owning family and patronage intersect with these gendered impacts. This data supports my claim that analysis of land deals should start from an understanding of the context-dependent, complex arrays of power and marginality. Such a starting point allows for a wider and ‘messier’ range of impacts and experiences to emerge.     

Overreaching In Registered Land Law

Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd v Boland , which determined that an interest under a trust for sale would bind a purchaser if the beneficiary were in actual occupation. The decision raised the question whether such interests could be overreached once the beneficiary was in occupation of the trust property. City of London Building Society v Flegg held that the relevant beneficial interest had been overreached. Both decisions assume that overreaching in registered conveyancing takes effect as it does in unregistered land. Yet there is considerable evidence that the Land Registration Act contains its own overreaching machinery. The House of Lords applied the wrong overreaching provisions in Boland and Flegg and there is no legal basis on which to recognise that trust interests can override a subsequent disposition under section 70(1)(g).