土地承包经营权的性质与制度选择

我国目前的土地承包经营权性质上是债权,物权化并不能够完全解决实践中存在的问题,关键在于物权法的制度选择。土地承包经营权应界定为法定物权,依照承包合同产生,无需登记。完善土地承包经营权是探索集体土地所有制改革的前提。     

The Resistible Rise of Rupert Rigsby

SINCE 1986 the number of UK households renting privately has increased from 1.85 million to 5.3 million. This private landlord renaissance has been supported by buy to let investment, tax concessions, subsidies, light touch regulation, the right to buy scheme and housing benefit. However, private landlordism makes only a small contribution to new housing supply, characterised by low quality, adds to state expenditure, increases social inequality and has a negative impact on family life. Following the stark revelation of ‘two Englands’ in the Brexit vote, ways to curb the sector's growth need to have a higher place on the political agenda.     

What can a government do? Government issue ownership and real‐world problems

Despite major interest in issue ownership, what shapes it remains a puzzle. In his pioneering work on issue ownership, John Petrocik emphasises the importance of a party's performance. Recent research acknowledges this by pointing to the role of real‐world problems and incumbency for issue ownership. However, if performance truly matters, it should be difficult to understand the impact of such problems without taking into account the government's response to it. Based on novel data on issue ownership, policy development and government attention across five issues in nine countries over time, the analysis shows that the government's issue‐handling reputation is associated with the policy development, and the government's attention to the problem is important for this association. This is especially true for parties with no history of issue ownership on the issue and if the government is a coalition or in minority.     

Priming,Issue Ownership,and Party Support: The Electoral Gains of an Issue-Friendly Media Agenda

Issue ownership theory posits a positive relationship between electoral support and public attention to issues that a party “owns.” We investigate this key prediction of the issue ownership theory in a dynamic analysis of 20 years of party support and media coverage across multiple parties and issues. The results provide support for the basic electoral implication of issue ownership theory, showing that increased media attention to owned issues increases support for the issue owners. Furthermore, the article demonstrates that the effect of the ownership mechanism materializes differently for opposition and government parties. Opposition parties benefit from media attention to owned issues without losing ground when news concentrates on issues owned by government parties, while government parties, always struggling with the electoral cost of ruling, lose votes when news about opposition-owned issues increases without gaining support when the media agenda is “issue-friendly.”     

Junior high school students’ use of their afterschool hours in Ghana: The role of household assets

Studies have examined a broad range of factors for how students use their time, but few attempts have been made to explore the nuanced link between different types of asset ownership and students' use of study time, particularly in resource-limited countries. This study uses data from junior high school students in Ghana to examine how students spend their time after school hours, the predictive influence of different types of household assets, and the extent to which these trends and relationships vary by gender. Polynomial quantile regression models were fitted across three quantiles (24th, 53rd, and 76th percentiles) to align with one hour, one and half hours, and two hours of study time. Results show that the average student spends well above the recommended 90 minutes on their schoolwork during afterschool hours, regardless of gender. Multivariate results indicate that owning limited assets tends to have a negative relationship with use of study time, but higher levels tend to be positively related to use of study time. Also, the predictive influence of asset ownership varies by asset type, and higher levels of asset ownership favor girls more than boys. Given this study's realtively small sample size, caution must be exercised in generalizing the study findings to the general population of junior high school students in Ghana. In light of the study's limitations, the finding of varying asset effect may have practical implications for asset development programs designed to enhance the well-being of low-income families.     

论近代所有权绝对原则遭遇的现代挑战

本文论述了近代所有权绝对原则的产生背景、主要内容及其在具体法制中的体现,并讨论了现代的所有权社会化、法律的泛经济化以及垄断性知识产权思潮对近代所有权绝对原则提出的挑战。     

关于巩固和发展社会主义公有制经济的思考

随着社会主义市场经济的发展,我国已确立了以社会主义公有制为主体,多种经济成分共同发展的新格局。但是,在改革过程中,也出现了一些影响社会主义公有制经济发展的因素。文章对此进行了分析,并提出了巩固和发展社会主义公有制经济的若干措施。     

论无主物法律制度的价值及在我国的适用——兼评我国《物权法》草案第九章

我国现行民法上没有完整的无主物的法律规范,这不利于调整实践中出现的相关问题.我们当前正在审议<物权法>草案,通过借鉴两大法系关于无主物的学说理论及立法经验,来构建我国无主物法律制度,以弥补我国立法之不足,稳定物之所属,发挥物之效用.     

Foreign ownership of land in Phuket,Thailand

Thai Land Law does not allow outright ownership of land by foreign nationals. Phuket, a well-known Thailand tourist destination, is facing a problem of acquiring land by foreigners. The objective of this study was to compile data on ownership of land by foreigners in Phuket areas and explore the types of ownership through which the land had been acquired. The purpose of this study was also to assess the nature of the problems of foreigners owning immovable properties in Phuket, and the impacts could further make appropriate recommendations. There were two types of foreign ownership of land in Phuket. The first type was legal ownership of immovable properties by foreigners, and the second were the cases that foreigners took advantage of the loopholes of the law to acquire but in fact owned and utilized land mostly in scenic beaches by using Thais as nominees. These nominees could either be their spouse, or employees of corporate bodies or legal entities. In some cases, nominees were actually employees of law firms which assisted foreigners to register as a Thai corporate body. However, the impact of foreigners owning immobile properties in Phuket can be both positive and negative. On the positive side, the local economies actually benefited foreigners owning immobile properties as this led to increasing economic growth and land utilization. The negative impacts on the other hand were mainly the loss of revenue of local governments from local taxes and duties, including land price distortion. Another negative dimension was the difficulties of the public sector to control the negative environmental impacts. From the economic perspective, the feasibility of declaring areas where there is a high concentration of foreigners owning immobile properties as special area should be explored. Finally, the establishment of a ＂governing council＂ to control and develop conditions to protect the environment and reduce the impact to communities as part of the package of investment promotion should also be considered.     

所有权类型的立法模式

我国如果按照所有制的性质划分所有权的类型,违背大陆法系的一惯做法即按不动产与动产的区分来划分所有权类型的做法。如果在物权立法中所有权的类型按生产资料所有制性质划分,人为地划分所有权的高低贵贱,必然不适应社会主义市场经济的要求,不能反映社会主义市场经济的本质。