自然资源物权法律关系理论探析

论及自然资源物权,从法律关系的角度入手进行研究可以更加清晰的认识自然资源物权的特点。自然资源所有权的主体只能是国家和集体,国家行使自然资源所有权的主要方式是出让自然资源利用权,集体行使自然资源所有权的主要方式是发包自然资源利用权,集体行使自然资源所有权应以集体成员利益为本。应赋予自然资源用益物权更加独立的地位,需要处理好自然资源用益物权人与所有权人之间的权利义务关系。自然资源担保物权的客体是可以转让的自然资源用益物权,自然资源担保物权的主要形式是权利抵押。     

Garden of Eden? The impact of resettlement on squatters' ‘agri-hoods’ in Fiji

Since the mid 1990s, squatter settlements in Fiji have been expanding at a phenomenal rate, largely due to the non-renewal of agricultural land leases and inadequate urban governance. In response to squatter growth, the government of Fiji has implemented a squatter-resettlement scheme. This scheme threatens the livelihoods of squatters engaged in urban agriculture, or ‘farming squatters’. In this article, interviews with key informants and squatter residents will reveal contrasting attitudes and approaches to the issue of ‘farming squatters’. The article suggests a more participatory process to address the needs of ‘farming squatters’.     

析GATS下有关自然人流动的具体承诺的改进

WTO各成员方针对自然人流动做出具体承诺,这些具体承诺规定了实质内容,构成GATS下自然人流动法律制度的核心。其中存在的一些不足之处成为阻碍自然人流动在GATS框架下顺利进行的主要原因,应相应地予以改进:增加承诺部门,扩大部门承诺;扩宽准入的自然人类型,切实保障发展中国家的更多参与;减少限制性条件,增加现有条件的确定性;采用GATS签证制度,订立具体承诺范本。     

What is bad about clientelism? Citizen perceptions in poor communities in South Africa and Tunisia

The literature regards clientelism as a negative practice because of its particularism, informality, inequality, and inefficiency. At present, we know little about whether citizens in communities where clientelism is prevalent share this assessment. However, their evaluations are the ones that are critical for the persistence of clientelism. We explore the attitudes of citizens towards clientelism with conjoint experiments administered with respondents from two poor communities in South Africa and Tunisia, and a sample of academics that we use as benchmark. On average, Tunisian and South African respondents evaluate clientelism more favorably than academics. All groups see particularism and inequality as negative features but only academics care about informality. Clients are evaluated much more positively than patrons in the exchange. Our findings suggest that clientelism persists not only because communities fail to coordinate around a programmatic candidate but because clientelism is considered as a legitimate strategy to access resources.     

Collaboration or competition? Experimental evidence for coalition heuristics

Does coalition formation have a causal effect on the perceived ideological distance between the coalition members? Observational research shows that voters typically think of parties that form a coalition government as more ideologically similar than those that do not, holding everything else constant. Their many qualities aside, the existing studies are not able to establish a causal relationship between coalition formation and changing perceptions. It is quite possible that voters are reacting to concurrent changes in parties' stated policy and not the coalition information itself. In this paper, I present two survey experiments that isolate the difference between telling voters that two parties can cooperate and telling them that they cannot. In both experiments, I find evidence supporting the theory of coalition heuristics.     

The Subject Status of Procuratorate in Marine Litigation on "Public Interests Protection"

The litigations of marine natural resources ormarine ecological (environmental) damages involve two different types of litigations, and the procuratorate should be involved in the litigationsas different litigation subjects. The compensatory litigation of marine natural resource damageis the private interest litigation which relieves the private interest damage of state owned natural resources. According to The Administrative Litigation Law and The Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases, the procuratorate should be the supervising subject. However, the compensatory litigation of marine ecological (environmental) damage is the public interest litigation which relieves public interests, and on the basis of Marine Environment Protection Law, The Civil Procedure Law and The Supreme People’s Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases, the procuratorate should be the supplementary subject. Due to the particularity of the marine litigations, the procuratoratefiles lawsuits against the marine natural resources ormarine ecological (environmental) damages, which shall apply both to The Provisions of the Supreme People's Court on Several Issues Concerning Compensation for Damages of Marine Natural Resources and Ecological Environment and The Supreme People’s Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases.     

中、俄、蒙三国的油气合作

中国处于石油资源相对贫乏的东亚西太平洋区域,总体石油资源不足;俄罗斯东西伯利亚和远东地区的石油和天然气储量丰富,蒙古石油矿藏集中在中蒙两国边界地区,这为中、俄、蒙的油气合作提供了可能,并且从蒙古直接穿过进入中国的中俄石油管道是最近、最安全的线路。从未来发展的趋势看,中国可积极利用俄蒙的资源投资与合作,参与输气、输油管道的建设,拓宽和夯实中俄油气合作的经济基础。     

Constituent Communication Through Telephone Town Halls: A Field Experiment Involving Members of Congress

Telephone town halls are an increasingly prevalent method for members of Congress (MCs) to communicate with constituents, even while garnering popular criticism for failing to facilitate engagement and accountability. Yet scholars have paid little attention to the events and their effects, and even less to how they might be improved. To remedy this problem, we report on a field experiment in which four MCs joined their constituents in telephone town halls. Overall, participation in an event improved constituents’ evaluations of the format in general, and of the MC in particular. Furthermore, we studied how these events might be improved by evaluating a reform—a single‐topic focus with predistributed briefing materials—designed to enhance deliberative interaction. This reform enhanced effects on opinions of the format without significantly altering effects on attitudes toward the MC. Our results suggest that telephone town halls hold promise for constituents, officeholders, and democratic practice.     

The collateral consequences of GPS-LED supervision in hot spots policing

Hot spots policing is popular, yet little is known about officer receptivity to the tactic and its impact on internal procedural justice, organizational commitment, and self-legitimacy. The nature of the tactic means that officers must relinquish their discretionary powers so that they can be directed to crime and disorder locations at specific times and for regimented durations. This loss of ‘spatiotemporal autonomy’ is exacerbated by technological tracking devices. We examined the receptivity of British officers to hot spots patrols, where the deployment was tracked with individual GPS trackers, compared to parallel patrols without hot spots policing or tracking. In contrast to the comparison group, officers in hot spots disliked the routinization of their shifts; regimented patrols were detrimental for internal procedural justice and organizational commitment. The ramifications of the introduction of GPS-enabled systems include certain tracking of officers and their compliance, such as a Taylorist time and motion study. While hot spots policing remains an effective tactic, questions about sustainability may be raised if officers’ expectations, attitudes and receptivity are not managed.