农户地权诉求视角下农地制度的创新

目前我国农户的地权诉求已经发生了很大的变化，即由地权稳定、自主经营向农地资源的优化配置和高效利用转化。这一变化的内在动力是农户急切希望改变承包地过于细碎化以及改善农业生产经营基本条件。考察我国农地制度的发展史可以发现，我国农地制度变迁的基本逻辑就是农户的地权诉求决定农地制度的发展方向，这一点在当下一些地方的农地制度创新试验和经验中再次得到证明。今后我国农地制度创新必须遵循这一逻辑，根据我国农户地权诉求的变化，实施农户自愿前提下的承包地连片重划,争取国家对承包地重划制度的支持,强化农民集体民主决策制度,地方政府也要给予必要的支持。     

The limits of the decentred state: the case of policing insurance claims fraud

Existing research clearly shows that the public–private divide is continuously being challenged, recast and transformed. However, this article argues that a sharp distinction between public and private continues to operate as an important norm for professionals involved in the investigation of insurance claims fraud in Sweden. It shows how power within private insurance companies and the police authority is organized around the public–private divide, which is in turn mobilized to justify repression and to give investigations legitimacy. The article indicates that the formal public–private distinction is far more thoroughly maintained than is suggested by the existing literature. Rather than challenging the centrality of state power, private insurers and the police construct, maintain and have a stake in the reproduction of a state‐centric monopoly of crime control.     

Fair and efficient division through unanimity bargaining when claims are subjective

In a subjective claims problem several partners have conflicting perceptions on how a jointly produced surplus should be divided fairly amongst them. In a large-scale experiment, we compare the fairness and efficiency of three unanimity bargaining procedures used to reach a consensus in a three-partner subjective claims problem. Under each procedure partners move sequentially, making alternating proposals. The procedures differ in whether they ask for a complete division proposal (Offer and Exit rule) or only for a proposal regarding the partner’s own fair share (Demand rule); and in whether partners have to accept the entire division proposal (Offer and Demand rule) or only their own share (Exit rule). For the fairness assessment partial and impartial fairness views are used and we find that the Offer rule performs best in terms of allocative fairness and no worse in terms of efficiency.     

The Politics of Sexual Citizenship: Negotiating Acts of Citizenship Among Non-Heterosexuals in Hong Kong

ABSTRACT

The notion of sexual citizenship has been developed over the past two decades, and its discussion has been expanded to other regions. This article investigates the claiming of rights by non-heterosexuals in Hong Kong to achieve two objectives: to articulate the importance of the rights claiming process, particularly regarding how non-heterosexuals are being transformed to become claimants through rights claims, and to extend the notion of sexual citizenship in East Asia, particularly in the Hong Kong context. The findings show four distinctive characteristics of sexual citizenship in Hong Kong. Non-heterosexuals are found to have faced different struggles and barriers before or during the process of claiming rights, including restricted welfare rights access in various social institutions. Furthermore, the development of sexual citizenship in the Hong Kong local context is found to be limited.     

论海事赔偿责任限制制度对内河运输船舶的适用

从比较法和法制史看,海事赔偿责任限制制度适用的船舶经历了从海船到内河船的扩张。我国《海商法》第11章依现行规定无法适用于内河船,但从应然角度讲,应当将其扩展适用于内河船,最便宜的做法是对相关规定进行目的性扩张解释。     

Dividend barrier and ruin problems for a risk model with delayed claims

In this paper, a compound Poisson risk model in the presence of a constant dividend barrier is considered. Two types of individual claims, main claims and by-claims, are defined, where every by-claim is induced by the main claim and and the time of delay for the claim is assumed to be random. A system of integro-differential equations with certain boundary conditions for the expected discounted penalty function is derived. We show that its solution can be expressed as the solution to the expected discounted penalty function in the same risk model with the absence of a barrier plus a linear combination of two linearly independent solutions to the associated homogeneous integro-differential equation. Using systems of integro-differential equations for the moment-generating function as well as for the arbitrary moments of the sum of discounted dividend payments until ruin, a matrix version of the dividends–penalty type relationship is derived. We also prove that ruin is certain under constant dividend barrier strategy. The closed form expressions are given when the claim amounts from both classes are exponentially distributed. Finally, a numerical example is presented to illustrate the solution procedure.     

Points System:An Universal Beneficial System with Multiple Objectives of Reform on Household Registration System

Reform of China's Household Registration system(HRS) has been entering a new stage and deserves us to research.The paper argues that reform of HRS should have multiple objectives.It examines various local efforts and practices of the reform and claims that the point system is one of the most feasible alternative systems for the HRS that can fit those multiple reform objectives.The system could also be treated as the new institutional basic for public welfare provision and rights allocation,and a new governance means for population issues as well in China's transitional period.     

针对保险核保和理赔岗位的新员工培训需求分析

通过对核保和理赔的胜任力特征分析,试图找出能够帮助新员工快速提升其核保和理赔胜任力的培训需求内容。研究1运用关键事件法访谈核保和理赔岗位资深专家,并编码访谈结果,总结出各岗位的胜任力特征。研究2由核保和理赔岗位新员工和老员工(专家)填写胜任力特征调查表,用评价一致性系数对比新老员工对每一项胜任力特征重要性的排序差异,找出专家认为重要而新员工没有重视的特征,得出新员工培训需求。     

消费者债权在破产程序中的优先地位——基于风险分担的视角

消费者不是商人,其债权多为因侵权而生的非自愿性债权,消费者不应成为有限责任制度下的风险分担主体;消费者是整个供给单元的利益之源,风险应当在供给单元内部分担;在破产程序中,消费者的人身损害赔偿之债应当优先于劳动债权、政府债权和有担保债权获得清偿。     

关于物权与债权中间权利类型的思考

物权债权化和债权物权化现象实质上是我们对物权债权中间权利类型不能正确对待的结果。物权债权区分标准的相对性、物权技术表征与事实表征的不统一、物权转移的时空性、经济社会发展的需求决定了物权与债权之间必定会存在中间类型。在坚持物权债权二分法的前提下，我们必须保持民法财产体系的开放性，同时根据社会发展对物权法规则进行适当的改造。