抵押预告登记优先受偿效力的解释论

作为预告登记的一个子类型,按照法教义学的逻辑推演,抵押预告登记并不产生优先受偿效力。但该制度的创设目的在于满足商品房预售交易中当事人的担保需求,若抵押预告登记权利人最终无法实现优先受偿权,这一制度将难以发挥其应有的作用,最终沦为具文。当符合已办理建筑物所有权首次登记且预告登记未失效等条件时,抵押预告登记转本登记的实质条件已满足,允许抵押预告登记权利人直接行使优先受偿权并不违反物权法基本原理。虽然《民法典担保制度解释》最终未对强制执行程序中抵押预告登记的效力作出规定,但不妨碍预告登记权利人依照该司法解释第52条第1款的规定行使优先受偿权。在破产程序中,抵押预告登记权利人行使优先受偿权无须以已办理建筑物所有权首次登记为前提,优先受偿的范围也不应限制在人民法院受理破产申请时抵押财产的价值范围内。     

Mobilising the Periphery: Brazil's My House My Life Programme and the Homeless Workers' Movement

Brazil's Movimento de Trabalhadores Sem Teto (MTST, Homeless Workers' Movement) has grown dramatically in recent years. This growth was partly provided for by the use of a large government housing programme, Minha Casa Minha Vida (MCMV, My House My Life), which allowed the MTST to construct housing for its members and swell its ranks with thousands of new members. Yet some have argued that the MCMV programme used by the MTST may compromise the autonomy of civil society organisations. This article, by contrast, argues that while the MCMV programme encouraged bureaucratic practices, it also helped to promote the cultural politics of the MTST.     

疫情防控中的征用补偿:适用范围的思考

疫情防控过程中大量进行的政府征用面临着疫情过后补偿机制的落实任务。厘定征用补偿机制的适用范围成为首要课题。就规范框架所展开的征用补偿机制而言,需要排除"名为征用、实为征收"和"由征用转化而成的征收",并特殊处理国有资产的征用问题。在可能扩充的范围上,可以考虑"名为限制性措施、实为征用"和人力、服务等非有形物的征用。同时,征用导致特定主体的额外"特别牺牲",以及在平台经济模式下电商平台是否可能构成新的征用样态,也值得关注。     

论“圈地”现象背后地方政府的利益追求

本文从近期的“圈地”热潮开始谈起,分析了土地与土地权,国家与政府,中央政府与地方政府三组关系,讨论了其对征地的影响,并将重点落到地方政府上面。然后,用经济学的有关理论论证地方政府“圈地”追求的并不是一般意义上的垄断利润,而是其他一些利益。文章提出了建立一套利益制衡机制以遏制地方政府利益追求,试图以此来规范征地行为。     

商品房买卖面积争议处理

商品房买卖面积争议是商品房买卖合同纠纷的表现形式,对其进行分析和探讨,有利于商品房买卖面积争议处理更为科学合理并保证当事人权利救济途径更加顺畅。     

外资征收与环境保护——不补偿环境征收之合法性刍议

由于环境保护关系到人类整体和国际社会共同利益,在外资征收的立法与实践中环境保护和外资保护应予一体化考虑,但现状却反映出外资私益优先于环境公益的倾向。从建立国际经济新秩序的角度看,为使发展中国家不致因环保因素付出不必要的代价,环境征收不应具有补偿性。而且,不补偿环境征收合法性根植于污染者付费原则、预防原则、治安权例外以及国际环境法义务优先原则。     

Similarities and Differences in Victimization Risk Factors for Nonoffending and Offending Substance Users

In this cross-sectional study of substance users in Norway, the authors describe the patterns of victimization and investigate the factors associated with victimization, for nonoffenders and offenders separately. Recent victimization was reported by 59%, and the victimization rate was higher among offenders compared with nonoffenders (69% and 43%, p < .001). Women, regardless of offender status, experienced more victimization. Unstable housing was associated with victimization among nonoffenders, whereas markers for more severe substance use and indicators for poor mental health were associated with victimization in both groups. Addressing these factors may be important in reducing victimization and its negative outcomes among substance users.     

Rental Housing Assistance and Health: Evidence From the Survey of Income and Program Participation

Interest in the health impacts of renter housing assistance has grown in the wake of heated national discussions on health care and social welfare spending. Assistance may improve renters’ health by offering (a) low, fixed housing costs; (b) protection against eviction; and (c) access to better homes and neighborhoods. Using data from the Survey of Income and Program Participation and econometric analysis, I estimate the effect of receiving assistance from the public housing or Section 8 voucher programs on low-income renters’ reported health status and spending. Assisted renters spent less on health care over the year than unassisted low-income renters did, after controlling for other characteristics. This finding suggests that assisted housing leads to health benefits that may reduce low-income renters’ need to purchase health services. Voucher holders’ lower expenditures are influenced by their low, fixed housing costs, but public housing residents’ lower expenditures are not explained by existing theory.     

Grounds for self-government? Changes in land ownership and democratic participation in Chinese communities

Do variations in land ownership affect people’s democratic participation? Quantitative, cross-country research on this topic suffers from the non-comparability of regulatory systems and cultures, and the use of crude indicators to identify participation. This study attempts to overcome these methodological problems, by employing indicators of procedural and substantive participation in a structured, diachronic comparison of qualitative data from five sites in China – an authoritarian state, which, however, requires residents of urban communities and villages to participate in ‘self-government’. It examines whether and why changing land from collective ownership to state ownership, and residents’ compensated acquisition of cash and secure, fungible assets, strengthens or weakens participation in self-government. In the research sites, collective land ownership is found to stimulate participation in self-government. Transformation of the land to state ownership and people’s acquisition of private property weakens participation. The robust results of the study support the direction of a causal argument that collective land ownership is conducive to democratic participation. These findings imply that scholars and policymakers should consider the potentially adverse political consequences of changing land ownership. A further implication is that, absent substantial political reform, an urbanized China might be less rather than more democratic at the community level.     

Research on the Affordable Housing Community: Review and Prospect

The construction of affordable housing is not only housing construction，but also community cultivation. The construction of affordable housing community is one of the key indicators to determine the effectiveness of the housing policy. Based on collecting related literature in CNKI, the researcher conducts a quantitative analysis of the research literature on affordable housing in China by using Bicomb2.0. The study has found that the quantity of research results is closely related to the development of the policy. The research focuses on the housing policy, financing and post management. Community research is marginalized in the research heat maps, and research disciplines are mostly human geography, management and so on. Then the researcher reviews the four core issues in the study of affordable housing community, such as the spatial location and community segregation of affordable housing, the satisfaction and influencing factors of housing community, the neighborhood interaction and social integration of affordable housing community and public service and community governance of security housing community. Finally, the paper provides proposals for future study.