论西部开发中的有效制度供给

文章首先提出并论证了我国西部开发成功的关键在于有效的制度供给 ,并从多方面对有效制度供给的前提和基础进行了研究和阐述 ,最后对有效制度供给从财产权的合理配置和有效保护、微观主体的制度创新、有关可持续发展的制度供给、财政转移资金使用效率确保等几方面进行了有针对性的研究。     

房地产税制立法的几个关键理论问题

房地产税制改革和立法需要夯实理论基础,厘清认识误区。房产税的征收不存在法理和体制上的"硬障碍",深化税制改革完善税制、房地产调控长效制度建设以及摆脱"卖地财政"都需要推进房产税。房地产税制改革和立法必须纳入法治轨道,全面清理现行税费,调整土地出让金制度,必须坚持量能负担原则,特别注意公平税负。     

The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal protections for property interests, although the nature of the discretion exercised within environmental regimes seems to determine the kind and extent of this symbiotic influence. As a result, environmental law challenges property scholars to reflect on the impact of administrative decision‐making on property rights, conceptually, doctrinally and in terms of its legitimacy. At the same time, environmental lawyers need to take seriously the nature and legal treatment of property rights in the application and analysis of modern environmental law.     

Repression and incitement: A critical demographic,feminist, and transnational analysis of birth control in Estonia, 1920–1939

This article addresses the role of inheritance in the economic well-being of widows in early modern urban Holland. It discusses marital property law and inheritance law, as well as inheritance practices, by analysing marriage contracts and wills. The egalitarian distribution of property and the strong commitment to the nuclear family embedded in law was strengthened by wills. Widows benefited from these tendencies. A comparison with English law points to the strong position of Dutch widows. The legal system enabled widows to continue the household after the death of their spouses and in this respect their situation was remarkably similar to that of widowers.     

Building Bond Repayment Capacity in Developing Countries: A Study on Property Tax Collections and Debt Affordability in Mexico

This article uses a multinomial regression model to analyze the bond repayment capacity of issuers of municipal bonds in Mexico. The study emphasizes the role that property and land-based taxes have in the enhancement of repayment capacity, as these are highly underutilized levies with important revenue raising potential. The findings show that there is no statistically significant link between these taxes and the chosen proxy for repayment capacity. This follows from an institutional and legal framework that creates an artificial environment of fiscal solvency. The Mexican case is instructive on how not to create a subnational bond market.     

Policies first,institutions second: lessons from Estonia’s economic reforms

Abstract

It has become convention in recent years to treat the building of institutions as the centerpiece of successful economic reform. The case of Estonia challenges this view. Although effective economic institutions eventually arose, Estonia began its transition bereft of the institutions that supposedly serve as the requisites of robust achievement. The institutions only emerged after an ideologically driven core of leaders implemented policies that laid the groundwork. In particular, the imposition of hard budget constraints sidelined political capitalists opposed to the rule of law by severing them from the state subsidies, soft loans, and other privileges on which they thrive. In the absence of a powerful class of political capitalists, Estonian governments were free to forge and continually improve a collection of institutions that sets the country apart among its postcommunist peers. Good institutions are desirable but not necessary for policy reform, and they are better seen as auspicious knock-on effects than as prime movers.     

The bounds of smart decline: a foundational theory for planning shrinking cities

Economic decline has led to a new wave of population decline throughout the US, meaning more and more cities are shrinking. Growing interest in using smart decline principles to respond to shrinkage has been met with controversy in cities such as Detroit and Cleveland. This paper advances a foundational theory of smart decline that takes as its starting point discussions of ethics, equity, and social justice in the planning and political theory literature, but is well grounded in observations of successful smart decline practice.     

盗窃正版软件标签行为性质界定——以上海首例盗窃COA标签案为视角

COA标签为正版操作系统的合法凭证。盗窃COA标签的行为不涉及侵犯著作权的问题,不构成侵犯著作权罪。盗窃COA标签的犯意不在于故意毁坏财物,不构成故意毁坏财物罪。COA标签载有一定的经济价值,其属性决定其可以成为盗窃罪的犯罪对象,因此,盗窃正版软件标签的行为应以盗窃罪论处。     

房产税调控商品房市场的效果与对策分析——以重庆、上海、北京为例

我国市场经济发展中商品房市场具有自住需求与投机投资的双重功能,国家为保障百姓生活安居乐业、国民经济协调发展,"新国五条"中通过扩大"房产税"开征范围,以支持自住需求、抑制投资投机行为调控商品房市场,在辩证分析其积极作用的同时,一定要注重其社会负效应的降低。     

从利益平衡原则看知识产权制度生态化

知识产权法是以平衡知识产权人利益与公共利益为基础建立的法律制度。利益平衡原则是知识产权法的基本原则。知识产权制度的生态化是面对环境危机日益严重的现实和环境保护一体化需求下的"回应型"制度现代化。知识产权制度以利益平衡理论作为其生态化的指导思想,阐明"生态化"是对知识产权的环境限制的理论实质。通过建立知识产权生态化的平衡机制,平衡环境公共利益与知识产权人私益的冲突,权衡环境权与知识产权的权利分配,最终实现以环境与经济协调发展为最终目标的知识产权制度生态化的重构和构建。