农户承包集体土地合同上的财产关系

关于集体土地的各种问题是法学界长期热议的问题,其中农户承包集体土地合同是一种新型合同,民法需要解决的是该种合同的性质和依据这种合同取得的财产权的性质,以及依据性质定位建立健全对其保护的机制与具体制度。从历史演进的角度厘清农户承包集体土地合同的基本法律关系,进而对这种合同以及依据合同所取得的财产权的性质以及财产权的主体关系进行分析和整理,并在此基础上探寻这种合同制度整体适用的统一原则和规范,是解决问题的关键。     

Food Import Dependency in Cuba: Still the ‘Achilles’ Heel of the Revolution'?

The ‘Special Period in Peacetime’ plunged Cuba into an austerity programme of great severity. The crisis forced agriculture to shift dramatically from a model based on trade dependency (sugar exports providing most of the foreign currency) to one prioritising food import substitution. This alternative brought about major transformations in the country's agriculture. It revolutionised food production and decentralised land ownership. This article asks whether or not these changes reduced food dependency in Cuba. It provides an updated picture of Cuba's food import dependency, with a particular emphasis on the increased role of small farmers in food production during the 2000s.     

Juvenile convicts and their colonial familial lives

Convicts were transported from Britain to Van Diemen’s Land from 1803 until 1853. Approximately 10 000–13 000 juveniles were among the 148 000 convicts transported. This article has traced the lives of female and male juvenile convicts transported, who were sentenced at the Old Bailey (the Central Criminal Court in London), and voyaged to Van Diemen’s Land. By exploring individual lives, and contextualising their experiences, it is possible to go beyond the circumstances of offending–through to their punishment period, to their lives upon release. This article will focus on one aspect of juvenile convict lives post-transportation–their familial life. The method of nominal record-linkage has been used across a variety of criminal and non-criminal records (including civil records and newspapers) in order to build up a picture of these young offenders. Going beyond the institution and focusing directly on female and male juveniles is important in understanding the lives of this unique group. From the behaviour of the juvenile convicts themselves, to the decisions of the administrators and the conditions of the penal colony into which they were thrust; were these female and male juvenile convicts able to form ‘settled’ colonial lives and which factors inhibited or facilitated this process?     

Occupancy rights: life planners and the Navajos

ABSTRACT

This Comment focuses on the limitations of Stilz’s individualist conception of occupancy rights. Her account of occupancy is critical to her attempt to answer the question of where one holds territorial rights as well as related place-related rights like the right of return. Her account appeals to the geographical location of individual life plans. This Comment argues that this fails to distinguish between Indigenous People who are connected historically and in many other ways to a place and individual Life-Planners: it treats the two as equivalent, which I argue is counter-intuitive. I also argue that Stilz’s occupancy account fails to explain the scope of occupancy rights in a number of cases that she appeals to in her examples, such as the Navajos’ expulsion from the area in which they lived. What she needs, I argue, is a group based conception of occupancy rights, in addition to the idea of individual rights of residency.     

关于增设“串通竞买罪”的立法建议

国有土地使用权出让的招标、拍卖、挂牌及国有、集体资产拍卖是我国在总结国有土地使用权拍卖和招投标实践基础上的拓展和创新,而串通竞买行为就是在挂牌出让等过程中竞买人相互串通竞买报价,用串通的方式对抗、减少竞争,以相对低价取得国有土地使用权,最终损害出让人即国家的利益。而现行《刑法》对串通投标罪的规定,难以涵盖和规制日益翻新的危害行为。因此,有必要从遵循刑法内在规律和严密刑事法网的角度出发,对刑法条文予以创新构造,以期对打击与防范国有土地和国有资产转让中的犯罪行为有所裨益。     

生态物权理念与土地资源的可持续利用

传统物权法将土地这一生态物视为公共物品任意使用，大量掠夺式开发使土地生态不断恶化。牛念物权的理念为解决土地资源的可持续利用提供了新的研究视角，当下只有从权属制度、规划制度和征地制度等方面强化物权相关规定，方能进一步落实科学发展观，实现土地资源的可持续利用。     

浅析吉林省农村产权制度改革

本文以吉林省农村产权制度改革为视角,分析了吉林省农村产权制度改革的现状和存在的问题,并结合我国农村产权制度改革取得的成功经验,提出了加大政策扶持力度、以保障农民权益为改革的核心、建立健全农村产权交易平台等促进吉林省农村产权制度改革的对策.     

Political space in Vietnam: a view from the ‘rice-roots'

Abstract

Single-party, authoritarian states such as Vietnam are frequently characterised as having ‘closed’ political opportunity structures and ‘un-free’ socio-political systems. The validity of this observation depends, however, on the viewer's frame of reference. Seen from the perspective of active citizens, Vietnamese political structures offer increasingly greater space for collective action than a state-centred institutional analysis would predict. Episodes of contentious politics surrounding land disputes and public parks during 2007 provide evidence of the changing dynamics of participation in politics. Actors involved in these and similar campaigns are broadly optimistic about the future prospects for an opening of political space within the existing system. These findings are contrasted with international reports of violations of political rights and with the Vietnamese government's own efforts at legal reform. Although signals remain mixed, to some extent Vietnam might be becoming a ‘rice-roots democracy’ in practice, while remaining a single-party state. The voices and experiences of civil society actors will continue to shape opportunities and risks in the expansion of political space.     

Indigenous Peoples in Southern Africa

Abstract

This article considers the complex cases of indigenous peoples in three Commonwealth countries in southern Africa: Botswana, Namibia and South Africa. In terms of national-level policy, the governments of these countries do not differentiate indigenous peoples from the rest of their populations. They do, however, have programmes aimed at assisting ‘marginalised’ or ‘disadvantaged’ communities. In this article, three main dimensions related to indigenous peoples’ rights in southern Africa are discussed: national policies, indigenous peoples’ rights, and rights to representation; land and resource rights, including rights to water; and language and gender rights. The paper concludes with an assessment of where indigenous peoples stand today in southern Africa.     

农村基层组织人员贪污贿赂犯罪立法解释适用问题研究

村民委员会、村党组织、村经济组织的成员和村小组长、村民委员会下设各委员会委员等在农村基层组织中担任一定的职务、履行一定的职责的人都是"村民委员会等农村基层组织人员",其构成贪污贿赂犯罪必然发生在协助人民政府从事行政管理工作的过程中,具有时间性。而对如何认定协助行政管理行为的完成,论文提供了一种路径,即假设不存在村基层组织的协助管理行为,由人民政府直接完成现实中由村基层组织协助完成的行政管理工作,那么在假设条件下,认定人民政府某些具体行政管理工作完成所采用的标准,应适用于村基层组织人员协助管理工作完成的认定。