Free and unfree labor in Qing China

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Developments in household patterns in three towns in Navarre,Spain, 1786–1986

Contrary to what has been observed in other regions of Spain, the households of Sangüesa, Yesa, and Lesaca have undergone a set of transformation in their composition and structure in the last 200 years. These changes are closely linked to the economic changes that have taken place in Navarre during this period. The chief characteristic of the developments over the past two centuries has been the rise of the household with a simply structure (married couples with or without children), to which category most households now belong. A further noteworthy features is the fact that domestic servants have now almost completely disappeared.     

Estimation of housing needs amid population growth and change

Abstract

This article proposes a theoretical framework and more accurate methods for projecting the household growth component of estimates of housing needs. These estimates combine empirical evidence with normative assumptions about the quantity of housing expected with population growth. Recent California experience illustrates the theoretical and practical issues involved. Alternative empirical methods are used to model changes in per capita household formation and homeownership rates over time.

The results show great instability between 1960 and 2000 in the linkage between population and housing needs, casting doubt on which linkage to use for future projections. Past changes in housing growth are attributed to changing population composition and occupancy patterns for subgroups. Estimates based on a cohort method are lower than those using constant rates of housing consumption and conform much more closely to recent experience, but it may not be desirable to lock in the deficiencies of the past when projecting needs.     

Community perceptions of a public sex offender registry introduced in Western Australia

Abstract

Publically accessible information about sex offenders through an online registry of sex offenders has been a polemic issue for governments, police and the wider community with debate largely driven by community expectations of police ensuring the safety of children and women from sexual predators. In October 2012, Western Australia became the first and currently only state or territory in Australia to allow public access to a three tiered register via the Community Protection Website (CPW) that would be monitored by West Australian Police. The introduction of this website triggered significant debate across the country. A survey was developed to capture the opinions of members of the public who had accessed the online registry to understand their views of the online tool and its purpose as a form of community safety. Findings from the survey reveal that the community lacks understanding of the prevalence of child sexual abuse and the fact that a child is more likely to experience sexual victimization within the family unit. There is also a need for greater community education and awareness about the purpose and limitations of the CPW as many believed that all sex known sex offenders are publicly registered, therefore creating a false sense of security.     

Social Norms and the Feeling of Justice about Unequal Family Practices

After briefly retracing the origins of the present day unbalanced division of family work, this paper article summarizes results from three studies conducted with married adults and unmarried young adults from northern Portugal. The data support the idea that (a) unequal family practices do not change because traditional practices are social norms that orientate individuals’ behavior; (b) individuals do not comply passively to these social norms but consider that the normative practices are fair; (c) normative family practices are considered to be fair because women, as well as men, seem to gain benefits from traditional family organization. The social consequences for women of the maintenance of normative family practices are discussed.

《民法典》夫妻债务认定规则中的“合意型共债”——兼论《民法典》第1064条的体系解读

《民法典》第1064条中所规定的“合意型共债”并未引起学界的普遍重视,但在司法实践中却造成了一定的乱象,并潜藏着巨大的道德风险。通过考察《法国民法典》第1415条的规定,可以发现我国“合意型共债”司法困境的根源所在:并未意识到配偶一方同意内涵的多元性,没有对“授权型合意”与“负债型合意”做出区分。这一区分可以通过对第1064条的文义解释被我国法所吸纳。在此基础上,第1064条规定的共同债务的两种类型得以呈现,第1064条与家事代理权制度、分别财产制约定以及离婚时共同债务的清偿规则间的关系也可得到厘清。     

Will blockchain emerge as a tool to break the poverty chain in the Global South?

Just like its recent predecessors, blockchain – also known as the distributed ledger technology – is considered to have the potential to cause major economic, political and social transformations in the Global South. The visible effects of this technology are already being noted there. We present early evidence linking the use of blockchain in overcoming some economic, social and political challenges facing the Global South. The article highlights the key applications and uses of blockchain in developing countries. It demonstrates how blockchain can help promote transparency, build trust and reputation, and enhance efficiency in transactions. The article looks at opportunities and key triggers for blockchain diffusion in these countries. It also delves into challenges and obstacles that developing economies are likely to encounter in the use of blockchain.     

债权让与中的优先规则与债务人保护

法国法系和德国法系在让与通知效力方面的主要差别,在于是否将通知作为债权让与对抗债务人之外的第三人的要件。确定被让与债权之归属的优先规则,包括合同成立主义、通知主义和登记注册主义,我国民法在解释上应当采纳通知主义。债务人可以向哪一方当事人进行有效的清偿与优先规则确定的债权归属并非完全一致。如果在让与通知之前债务人已经知悉债权的让与,债务人与出让人之间消灭债权的行为不能对抗受让人。表见让与适用于由出让人做出让与通知的情形,在受让人通知的情形,对表见让与的适用应当有特别的限制。债务人有权不主张表见让与而拒绝向表见受让人清偿或请求返还清偿。     

论我国著作权转让登记公示制度的构建--从著作权的"一女多嫁"谈起

著作权“一女多嫁”现象在我国频频发生,究其原因,是我国著作权法在允许著作财产权转让的同时,没有建立起保护交易安全的相应制度。著作权转让登记公示制度的建构既有安全、伦理性价值和证据支持,也有其深厚的制度底蕴。因此,在借鉴外国的立法例,并适度遵循我国的制度系统惯性的基础上,有必要构建我国的著作权转让登记公示制度。     

物权变动理论对著作权转让的启示

著作权转让是著作权人利用其财产权的一种方式,由于我国著作权法关于著作权转让相关制度的缺失,导致著作权转让过程中重复转让的现象多次发生,严重影响了著作权转让中的交易安全和善意受让人的利益。在借鉴物权变动理论的基础上,应建立我国的著作权转让登记制度。