新中国农村土地制度变迁的民法学分析

新中国发生了五次各异的农村土地制度变迁。从民法学的角度分析,变迁中既有农地所有权与农地使用权的合一,又有农地所有权与农地使用权的分离;既有债权法意义上的经营使用权,又有物权法意义上的经营使用权;既有权能充分的所有权,又有权能残缺的所有权。应坚持农村集体土地所有权,完善土地物权流转方式。     

East Asia in the Global Economy: Theoretical and Empirical Questions for Marxism

ABSTRACT

As Marxism and socialism pass through watershed years it is important to reflect on the abiding questions of Marxist theory and empirical analysis. This article takes up this task in the context of East Asia under the impetus of globalisation and neo-liberalism, introducing a collection of five articles collected in the special issue. The article shows that questions Marx posed about the global economy more than a century ago remain prescient and continue to animate cutting-edge research, as shown in the articles in this special issue.     

Conciliatory whiteness: white farmers’ accommodations and responses to land reform in Matabeleland South,Zimbabwe

ABSTRACT

This article seeks to contribute to growing academic literature on land reform and whiteness in Zimbabwe, where there have been calls for nuance in the analysis of agrarian change. The research which underpins it explores differentiated responses to land reform on the part of a sample of white farmers (as well as A1 and A2 beneficiaries), in the environs of Matobo district, Matabeleland South, Zimbabwe. It characterises a range of responses on the part of white farmers – dropping out, pushing back, accommodating and adapting – and charts the various outcomes of these strategies. I further utilise the concept of subjectivity to reflect on these diverse responses and to disaggregate essentialised or homogenised understandings of whiteness. The article focuses on the small number of white farmers who retain a connection to the land and agrarian production in the study area and argues they embody aspects of a particular subjectivity. This conciliatory subjectivity is characterised by openness to reconciliation, rapprochement and partnership-making. Specifically, it is located along the following lines: (1) in contrast to the perceived ‘islands of privilege’ of some of their peers; (2) within a challenging context where they no longer occupy a hegemonic position; (3) wherein they are inclined or required to (re)form collaborations and alliances in the new dispensation; and (4) the subjectivity of these farmers could be said to be pre-occupied less with issues of identity and belonging, than with surviving and ‘becoming’ amidst the multi-faceted challenges of contemporary Zimbabwean rural agricultural endeavours and socio-political life.     

网络传播淫秽电子信息犯罪的特点及治理对策

网络传播淫秽电子信息犯罪目前在我国较难治理。公安机关只有根据此类犯罪的行为特点和犯罪的主体特点,采取严厉打击淫秽网站、切实加强网络管理与监控、切断非法利益生成链条等综合性的治理对策,才能形成净化网络环境的长效机制。     

企业资本预算决策再分析——风险测量与规避

初始投资、年现金净流量、寿命期、基准贴现率等预测值,是投资决策分析的计算依据,而实践中投资活动充满了不确定性。应用敏感性分析,场景分析,盈亏平衡分析评估不确定因素对项目经济效果-净现值的影响,是防范各种不利状态下的风险与损失的有效方法。     

国有独资与股份制商业银行效益对比分析

根据1995~2001年的统计资料,股份制商业银行的效益远高于国有独资商业银行,其原因是股份制商业银行的经营能力和获利能力总体上远高于国有独资商业银行。因此,应进一步强化国有独资商业银行的市场化改革,提高效益,增强竞争力。     

浅谈民事公诉制度的建立

检察机关代表国家提起民事公诉是世界各国普遍通行的做法,检察官具有提起民事公诉的权力源。在民事公诉中,检察官以国家公诉人的身份出席法庭,处于主当事人地位。民事公诉案件的范围应为“两益”案件。     

中国农村土地流转问题的法律思考

近些年土地流转在广大农村悄然兴起 ,它是继安徽凤阳县小岗村土地承包改革之后 ,来自农村的又一创新之举。它是市场经济在农村土地承包制度改革中的进一步深化 ,它不仅抑制了农村土地抛荒 ,而且还解决了农村土地资源的有效配置。但同时又存在着这样那样的问题 ,诸如 ,土地流转无法可依、农民土地承包权得不到有效保障、土地流转形式较乱、造成了一些纠纷等。当务之急是加强农村土地流转的法制建设 ,确认、巩固土地流转改革成果和解决存在的问题。首先是修改现存法律有关内容 ,其次尽快出台《农村土地承包法》 ,再是尽早制定《农村土地流转法》 ,明确土地流转的原则、形式、程序、监管和责任 ,使农村土地流转纳入法制轨道。     

Mortality under and after sentence of male convicts transported to Van Diemen's Land (Tasmania), 1840–1852

This article reports on mortality in a cohort of 7084 English, Irish and Scottish-born convict men who were transported on 30 ships to Tasmania between 1840 and 1852. To the authors' knowledge, this is the first study of convict mortality that systematically traces the mortality of convicts after emancipation as well as under sentence. This pilot study investigates the relationship between pre-transportation characteristics, convict discipline, reactions to convict discipline, and mortality under and after sentence of the male convict population. The convict men were various in their origins but shared the experience of penal servitude under the gaze of a paper panopticon. Controlling for other factors, the authors find that the convicts were more likely to die under sentence if they were born in Scotland, London or an industrial-urban area; if they exhibited disturbed mental behaviour under sentence, such as tearing their clothes; or if they had more time in solitary confinement or more accumulated insults of their mind and body. For those who survived sentence, mortality was higher for those born in an industrial-urban area, those who had more alcohol-related offences under sentence, those with more time in solitary confinement under sentence, and those who were violent or threatened violence while under sentence.     

Judicial Justice for Special Economic Zone Land Resistance

Abstract

The context for land resistance in liberalising India is dynamic. As the state promotes capital investment, lines between public and private are blurred. Land is central to these efforts, as new industries, mines, large-scale agricultural projects and infrastructure initiatives all require vast amounts of land. The introduction of Special Economic Zones (SEZ) in the Indian state of Goa highlight land deal tensions. Following protests rallying thousands and widespread public mistrust of land and regional planning processes, the state’s chief minister halted the zones. This action mollified public unrest and temporarily appeased anti-SEZ social movements. However, scepticism arose as the chief minister failed to legally de-register the zones and return SEZ lands to original owners or collectives. Amidst state inaction, movement members sought judicial justice. Protest and corruption theories are integrated with political interpretations of liminality in this article to frame how social movements shift their patterns of intervention in response to or in anticipation of inaction. Enhanced opportunities for corruption, exemplified by the SEZ model, lead movements to adapt strategies of resistance beyond state-oriented protest. The interventions discussed represent a shift in the ritual form of protest and the degree of political engagement with the judiciary. The multi-faceted contestation altered power structure, while politicising and scrutinising land deals.