论强迫交易罪

强迫交易罪是指以暴力、威胁手段强买强卖商品 ,强迫他人提供服务或者强迫他人接受服务 ,情节严重的行为。该罪是我国司法实践中常见的犯罪之一 ,但我国刑法理论对该罪缺乏详细、深入的研究 ,司法机关亦缺乏具有可操作性的司法解释。鉴于此 ,本文详细分析论述了强迫交易罪的犯罪构成特征、罪与非罪的界限、犯罪既遂与未遂的标准以及该罪与抢劫罪、敲诈勒索罪的区别     

论雍正年间台湾“番”地开垦政策的变化——以《巡台录》为中心

以往学术界普遍认为清代台湾土地开发完全是依靠民间的力量,政府和官员的态度是消极的,不仅未给予支持协助,反而多方留难限制.然而,这种情形并非自始至终一成不变.从近年来新发掘的分廵台湾道张嗣昌所撰<廵台录>中对大甲西社"番"变事件善后的处理和官方劝垦"番"地的记载,以及减轻台湾田园赋税和开放移民搬眷入台的种种措施,可以看出雍正年间政府对台湾的土地开垦政策有了十分明显的变化.这种变化与雍正皇帝重视农本,奖励垦荒政策有很大关系.     

Gender aspects of inheritance strategies and land transmission in rural Scania,Sweden, 1720–1840

This study deals with gender aspects of land transmissions in pre-industrial Sweden. Although not supported by law, a clear mentality of male primogeniture among peasants existed in the Swedish countryside in the 18th century. In many cases, however, this ideal could never be realized, making the idea of the “family farm,” handed down from father to son for generations, more of a myth than a reality. This study uses postmortem inventories linked to tax registers and family reconstitutions for a sample of parishes in southern Sweden to show that various strategies were chosen when transferring the farm after the death of the husband or wife. Although sons were more likely to take over the farms, daughters (or more correctly sons-in-law) also frequently did so, as did, sometimes, more distant kin and non-kin. Moreover, it was not the case, as has sometimes been maintained, that daughters took over the farm only when no able-bodied sons were available. On the contrary, daughters (sons-in-law) quite frequently took over the farm even when sons were present. The decision on land transmission was part of a more general family strategy concerning reproduction (access to marriage and household formation) as well as old-age security.     

Planting families: Intent and outcome in the development of colonial Georgia

This article examines the evolution of a plantation society in the British American colony of Georgia. It explores the original intentions of founders and settlers, and how those intentions were discarded or adapted in the face of a volatile demographic environment. It uses information from land grant applications to describe the make-up of late colonial families, and locates the experiences of the Georgia population within the broader context of Atlantic population history. In particular, it argues that familial instability initially catalysed the emergence of a plantation system. The “family” was later accorded real significance in plantation Georgia only when it became serviceable to provincial elites, though it remained important as an organising unit beyond the plantation world, and as a source of shared aspirations.     

Political economy of land grabbing inside China involving foreign investors

China tends to be a dominant figure in the literature on global land grabbing. It is either cast as a major land grabber in distant places such as Africa, or as a key player in crop booms elsewhere because it provides for massive market demand, such as for soya from South America. These are all important issues and are well covered in the literature. However, the crop booms inside China that involve transnational capital and investors – and have provoked conflict around land politics – have been overlooked. Spotlighting the issue of land grabbing inside China reminds us that capital accumulation is principally interested in geographies and settings where it can generate profit – regardless of nationalities, boundaries, structural or institutional conditions. This paper hopes to contribute towards a more refined picture of global land grabbing.     

Social cohesion for the unfinished business of land reform in South Africa

Abstract

This article aims to discuss social cohesion as an alternative instrument to address the ever dragging land question in South Africa. Although there are various activities that have been undertaken and policy programmes that have been proposed, all those initiatives have not been able to completely translate land reform policy into practice as intended. Other than recognising the ‘willing seller-willing buyer’ policy which appears not to have been internalised by the stakeholders concerned, this article also presents a transformative approach for both white land owners and black emerging farmers to work together in a tolerant and amicable manner. The most critical step that is required for land reform in the whole country is a public consultation process for government to be able to engage with all parties and to put a list of informed alternatives on the table for discussion. Obviously, that includes the willing seller willing buyer policy. Based on the outcomes of such discussions, the government has to play a mediation role to heal the racial division caused by the Natives Land Act of 1913. In short, this discussion presents social cohesion to heal the past without land owners perceiving transformation policies as apartheid in reverse.     

Voting Pattern and Issues in the 2006 Sarawak State Assembly Election in the Ba’ Kelalan Constituency

This article analyses the voting pattern of the Lun Bawang community—the majority ethnic group in the Ba’ Kelalan constituency—during the Sarawak State Elections held on May 20, 2006, and discusses some of the contentious issues that shaped the electoral outcomes. During the Ba’ Kelalan by-election in September 2004, it was argued that more than half of the Lun Bawang votes went to the then independent candidate Baru Bian. After almost one-and-a-half years later the Lun Bawang had the opportunity to once again exercise their democratic rights. The Ba’ Kelalan seat was won by the BN candidate, Balang Rining but Baru was still able to garner substantial support from the Lun Bawang after winning more than half of the Lun Bawang areas. In terms of popular votes it was still almost divided between Baru and Balang with the latter's winning margin of only 2%. This article argues that the Lun Bawang are divided between development, Native Customary Rights (NCR) land and religious outlook. While some Lun Bawang vote for Balang in the name of development, some vote for Baru because they are convinced of his NCR land arguments and are sympathetic to his religious outlook.     

Retracting suburbia: Smart growth and the future of housing

Abstract

Metropolitan areas throughout the United States increasingly experience sprawl development. States such as Oregon and Maryland have enacted land use legislation that curbs sprawl by promoting denser urban growth. Smart growth, a new method of metropolitan development leading to more compact regions, offers an alternative to sprawl. Given that housing comprises a major share of the built environment, policies that promote denser residential development form a key component of smart growth.

This article provides an analytic review of the ways housing can be used to support successful smart growth policies. It focuses on three areas: the market for higher density housing, land use issues associated with denser housing development, and methods for financing higher density and mixed‐use housing. The literature on the link between smart growth and housing remains underdeveloped. We offer this synthesis as a way to advance the state of knowledge on smart growth's housing dimension.     

Edgeless cities: Examining the Noncentered metropolis

Abstract

Edgeless Cities, a form of sprawling office development that never reaches the scale, density, or cohesiveness of Edge Cities, now account for the bulk of office space found outside of downtowns. The term draws on Garreau's Edge City, yet it is a new, albeit elusive, category. It captures the fact that most suburban office areas lack a physical edge. In contrast to Edge Cities, which combine large‐scale office development with major retail, Edgeless Cities feature mostly isolated office buildings spread across vast swaths of urban space.

This article looks at the evolving geography of office space in 13 of the nation's largest office markets, which together contain more than 2.6 billion square feet of office space and 26,000 buildings. The data provide an empirical framework for examining competing theories of metropolitan form. The article concludes with a discussion of the policy implications resulting from the emergence of Edgeless Cities.     

A practical analysis of shared‐appreciation mortgages

Abstract

When the development of large‐scale public housing projects was discontinued in the 1970s in both Canada and the United States, the policy response was very different. This article reviews the nature of the dissimilar low‐income housing policy paths, documenting the role of federal housing policy in the evolution of a significant nonprofit “third sector” in Canada's housing system; the decision of the U.S. federal government to rely on the private sector for subsidized rental supply; and, with very little help from the federal government, the ‘bottom‐up” attempt to develop a nonprofit housing sector in communities throughout the United States. In Canada, a permanent stock of good‐quality, nonprofit social housing was created along with a growing and increasingly competent community‐based housing development sector.

The Canadian experience demonstrates that it takes time to build the capacity of the nonprofit sector. The U.S. experience demonstrates that there is a great deal of community‐based talent ready and willing to provide nonprofit housing if reliable and adequate funding is available. Canada has made outstanding progress relative to the United States in the area of affordable housing supply, creating yet another small but significant difference in the quality of life for lower income households. The general Canadian approach to consistent national support of nonprofit and cooperative housing can be applied in the United States. Canada's relative success is not based on unique structural or systemic differences—that is, it is a matter of political choice and political will. The United States should look to Canada's 20‐year experience to determine whether some of the mechanisms used to support Canada's nonprofit sector might be transferable to the United States.