揭开中国土地私有化论的面纱

当前土地私有化的论调声势浩大,其中大部分来自经济学和社会学领域。土地制度是一个国家社会制度和法律制度的基础,作为法学尤其是民法学者应当作出自己独立的判断。土地私有化论者从未对现行土地制度作过理性的研究,所谓中国土地私有化的好处全部来自于想象和虚构,中国土地私有化是一个对中华民族极不负责的闹剧。     

论我国土地征收的程序保障

正当的土地征收程序能更好制约公权力,保护私权利,平衡二者之间的冲突。我国现行征地程序存在严重缺陷,不能充分发挥其保障作用,亟待完善。要充分发挥程序的保障作用,就必须立足于保护农民的知情权、参与权与权利救济,遵循正当程序相关规则,不断加以完善。     

Negotiating Access to Land in Nepal

In a rural agrarian economy like that of Nepal, land has traditionally been a primary source of livelihood and security, as well as a symbol of status. Thousands of poor farmers are completely dependent on land for their livelihoods, yet not all of them have access to or control over this fundamental resource. Negotiation for access to land has been a lengthy and complicated process. It remains so in the changed political context of Nepal, where increasing numbers of emerging actors need to be considered, often with conflicting claims and counterclaims. In this context the traditional ways of thinking need to be revised, both with regard to the negotiating process and the mechanisms of land reform, to accommodate the country’s recent and ongoing massive socio-economic transformation.     

我国集体建设用地使用权流转制度的建构

我国集体建设用地使用权可流转制度的建立,将集体建设用地纳入土地一级市场,充分发挥土地的资源性作用,对于我国经济保持持续稳定发展具有重要意义。此项制度的建立,必然会增加农民收入,促进农村经济发展,推动"城乡一体化"建设,加快社会主义新农村建设。一项制度的建立需要以相关配套制度为依托,我国集体建设用地使用权可流转制度的建立需要以相关经济制度、社会保障制度为基础。     

Assessing the Status of Gender-Specific Programs through the Lens of Juvenile Justice Staff

The gender-specific approach for working with offenders gained momentum during the 1990s and has since been largely accepted by academics and practitioners. Despite numerous studies demonstrating a need for gender-responsive programs and policies within both adult and juvenile correctional systems, scant research has explored whether these services are meeting the intended goals. The current study addresses this through a qualitative analysis of 1 county juvenile court using in-depth interviews with staff. Findings reveal that in spite of the court's efforts to incorporate a gender-responsive approach, much work still remains regarding training staff and meeting girls' needs. Staff identified critical gaps in services and continued to perpetuate gendered norms and stereotypes. Included is a discussion as to why it has been difficult to effectively implement gender-specific programs.     

Turning Housing Into Driving: Parking Requirements and Density in Los Angeles and New York

This article examines the idea that residential minimum parking requirements are associated with lower housing and population densities and higher vehicle densities (residential vehicles per square mile). Cities frequently use minimum parking requirements to manage traffic, but parking requirements accommodate vehicles, suggesting they should lead to more driving and congestion rather than less. If parking requirements reduce congestion, they likely do so not by reducing the number of vehicles in an area but by reducing the densities of housing and people. We support this idea by comparing the Los Angeles and New York urbanized areas. We show that differences in housing, vehicle, and population densities across and within these urbanized areas are closely correlated with differences in the share of housing units that include parking, and that the share of housing units that include parking is in turn correlated with the stringency of parking requirements. Compared with Los Angeles, New York shifts less of the cost of driving into its housing market. We further show that within New York City, a 10% increase in minimum parking requirements is associated with a 5% increase in vehicles per square mile, a 4% increase in vehicles per person, and a 6% reduction in both population density and housing density. These relationships remain even after controlling for street layout and proximity to the subway.     

Is Urban Sprawl Good for Minorities?

This article investigates the effect of urban sprawl, as measured by employment decentralization, on minority housing consumption gaps since the housing bust. Previous research contends that sprawl contributes to reducing the Black–White housing consumption gap by increasing the supply of land in housing markets and thereby increasing affordability. Antisprawl policies may therefore exacerbate the Black–White housing disparity. This research makes two contributions to the literature. First, the article examines how changes in sprawl may have varying influences on the Black–White housing gap, a previously unexamined facet of this relationship. In the vast majority of metropolitan areas in this sample, sprawl is predicted to exacerbate the Black–White housing gap until sprawl reaches a threshold. Only in a limited number of high-sprawl metropolitan areas does sprawl contribute to reducing the Black–White housing gap. Second, the article examines differences in housing gaps for three distinct minority groups—Blacks, Asians, and Hispanics—using recent data from the 2009 American Housing Survey. For Blacks, sprawl continues to have varying effects on housing consumption. For Asians, urban sprawl yields significant gains in housing consumption relative to Whites. However, no significant results occur for Hispanics. This article demonstrates that the independent effect of urban sprawl on U.S. minority housing consumption is a highly uneven process in the post–Great Recession economy. As such, arguments that antisprawl policies reduce minority gains in housing should be treated with considerable skepticism.     

土地储备库里的权利辨

土地储备库里存有国有土地所有权,但无建设用地使用权,更无宅基地使用权、土地承包经营权以及地役权,也不应该有债权性质的土地权利。该国有土地所有权并不归属于土地储备机构,而归国家享有。     

论以无权处分财产出资行为的法律效力

关于＂以无权处分财产出资＂的问题,《公司法司法解释（三）》第七条规定该问题可通过善意取得制度来解决。但是公司设立行为的性质区别于市场交易行为,公司设立过程中的投资行为并不具有明显的涉它性,而且公司设立过程中并未涉及到激烈矛盾的利益衡量问题。此外,在认定善意取得制度的善意要件时,无权处分人兼有＂双重身份＂,这为善意取得制度的适用带来困境。因此,不宜用善意取得制度解决无权处分财产出资设立公司的行为。     

农村土地征收补偿法律制度的完善

当前我国农村土地征收补偿法律制度存在诸多缺陷,导致失地农民合法权益遭受严重侵害。我国土地征收补偿应以公平为原则,按市场价格进行补偿,补偿以实际发生的物质损失为限。通过村民自治权和履行民主程序解决补偿费的分配问题。