scholarly journals Federalism, Chinese Style: The Political Basis for Economic Success in China

2017 ◽  
Author(s):  
Yingyi Qian
Keyword(s):  
Property Rights ◽  
High Performance ◽  
Central Government ◽  
Political Reform ◽  
Conventional Wisdom ◽  
Reform Process ◽  
Political Foundations ◽  
Definition Of ◽  
The Individual ◽  
The Right

The purpose of this paper is to provide an explanation of China’s high performance despite several factors that would indicate otherwise according to conventional wisdom. The authors argue that conventional wisdom is problematic in regards to China. First, it provides too narrow a definition of political reform. Second, although it asks the right question about political discretion, the inappropriate definition of political reform leads it to the wrong conclusion. Third, though much is wrong with the system of property rights in China, looking for a system of such rights as exists in the West has confused many analysts. Rights are not as secure in China as they could be, and the absence of a law of property and contracts along with a judicial system to enforce it remains a significant lacuna in the reform process. And yet, property rights are not completely insecure and without political foundations. Indeed, political reform in China has provided considerable limits on the discretion of the central government. These limits, in turn, provide the beginnings of a strong and credible political foundation for many market-oriented enterprises throughout the successful regions of China. China has a new political system that we characterize as federalism, Chinese style. This system, in turn, provides considerable political protection for China’s reforms, including limits on the central government. Viewed from the perspective of the individual, this system differs considerably from federalisms in the developed West.

Collaborative design in public services: a wicked problem-reframing case

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Patrícia Moura e Sá ◽  
Catarina Frade ◽  
Fernanda Jesus ◽  
Mónica Lopes ◽  
Teresa Maneca Lima ◽  
...  
Keyword(s):  
Collaborative Design ◽  
Success Factors ◽  
Central Government ◽  
Wicked Problem ◽  
Low Density ◽  
Structured Interviews ◽  
Content Type ◽  
Critical Success ◽  
Definition Of ◽  
The Right

PurposeWicked problems require collaborative innovation approaches. Understanding the problem from the users' perspective is essential. Based on a complex and ill-defined case, the purpose of the current paper is to identify some critical success factors in defining the “right problem” to be addressed.Design/methodology/approachAn empirical research study was carried out in a low-density municipality (case study). Extensive data were collected from official databases, individual semi-structured interviews and a focus group involving citizens, local authorities, civil servants and other relevant stakeholders.FindingsAs defined by the central government, the problem to be addressed by the research team was to identify which justice services should be made available locally to a small- and low-density community. The problem was initially formulated using top-down reasoning. In-depth contact with citizens and key local players revealed that the lack of justice services was not “the issue” for that community. Mobility constraints and the shortage of economic opportunities had a considerable impact on the lack of demand for justice services. By using a bottom-up perspective, it was possible to reframe the problem to be addressed and suggest a new concept to be tested at later stages.Social implicationsThe approach followed called attention to the importance of listening to citizens and local organisations with a profound knowledge of the territory to effectively identify and circumscribe a local problem in the justice field.Originality/valueThe paper highlights the limitations of traditional rational problem-solving approaches and contributes to expanding the voice-of-the-customer principle showing how it can lead to a substantially new definition of the problem to be addressed.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Image evaluation and breast density categories as a function of mammary positioning in full-field digital mammography

2019 ◽  
Vol 61 (7) ◽  
pp. 868-874
Author(s):  
Irene Tomoko Nakano ◽  
Gabriel Lucca de Oliveira Salvador ◽  
Hugo Reuters Schelin ◽  
Valeriy Denyak ◽  
Helen Jamil Khoury ◽  
...  
Keyword(s):  
Breast Density ◽  
Area Under The Curve ◽  
Quality Criteria ◽  
Roc Curves ◽  
Full Field ◽  
European Guidelines ◽  
Full Field Digital Mammography ◽  
Definition Of ◽  
The Individual ◽  
The Right

Background Appropriate mammary positioning is an important factor in optimizing image quality in mammography (MMG). Purpose To study the correlation of quality criteria and breast density classification proposed by the American College of Radiology (ACR) and European Guidelines and its influence to achieve a proper positioning, therefore an adequate MMG. Material and methods A total of 128 routine MMG examinations were reviewed for the definition of breast composition parenchyma and assessment of several quality criteria proposed by the ACR and European Guidelines to achieve an adequate MMG. Adequate MMG was defined as a difference between the posterior nipple line (PNL), difference of the mediolateral oblique (MLO) and craniocaudal (CC) incidences > 1 cm. The quality criteria were analyzed as a function of correlation coefficient in order to evaluate the individual impact of each factor and analysis of variance (ANOVA) for all criteria. Receiver operating characteristic (ROC) curves were plotted to evaluate the performance of the criteria on each type of parenchyma. Results Negative correlation of fatty breasts and visibility of the mammary angle, a greater number of skin folds and PNL > 1 cm (r < 0). Dense MMG presented less visibility of the lateral tissue compared with other categories. Area under the curve of ROC analysis revealed values of 53.1% and 54.7% for the right and left breasts, respectively. Conclusion Several factors influenced in the MMG process, but we find that breast parenchyma has a substantial role in affecting these criteria and therefore a correct position for diagnosis, which could compromise MMG diagnostic performance.

scholarly journals La actuación sobre el medio urbano de regeneración y renovación integrada. El nuevo paradigma de la gestión urbanística en suelo urbanizado = The integrated regeneration and renovation in the urban intervention. The new paradigm of city planning management

2020 ◽  
pp. 1
Author(s):  
Alvaro Cerezo Ibarrondo
Keyword(s):  
Urban Planning ◽  
Property Rights ◽  
City Planning ◽  
New Paradigm ◽  
Urban Intervention ◽  
Urban Preservation ◽  
Definition Of ◽  
The Right ◽  
Right Of Property ◽  
The City

ResumenLa actuación sobre el medio urbano de regeneración y renovación integrada (aMU-RRi) configura el nuevo paradigma de la intervención urbana, la preservación urbana con carácter conjunto e integrado. Para ello redefine la viabilidad económica, afecta el deber de conservación del derecho de propiedad a la actuación y articula un modelo de equidistribución de reparto de costes que supera las pautas del urbanismo que hemos conocido.El presente artículo constituye un breve recorrido histórico por los instrumentos y técnicas que ha dispuesto el urbanismo español para la preservación urbana: desde inviable e insostenible modelo clásico del urbanismo, pasando por el modelo de la sostenibilidad que incorporó la sostenibilidad plena y el régimen estatutario del derecho de propiedad, pero que estableció un régimen general de intervención sobre el suelo urbanizado inviable y dejó un hueco falto de regulación para la preservación de la ciudad; para alcanzar la definición de la aMU-RRi con la legislación del modelo por la ciudad y sus adaptaciones autonómicas de medio urbano y que ayudará a la formación del nuevo paradigma urbanístico, basado en la función social del derecho de propiedad que nos hemos dado para la preservación urbana conjunta e integrada de eso que llamamos, la ciudad.AbstractThe integrated urban regeneration and renewal intervention (aMU-RRi) configures the new paradigm of urban intervention, with its joint and integrated character for urban preservation. To this end, it redefines the economic viability, affects the duty of preservation of the right of property and articulates a model of equistribution of distribution of costs that surpasses the urban planning guidelines that we have known.This paper constitutes a brief historical journey through the instruments and techniques that Spanish urban planning has provided for urban preservation: from an unviable and unsustainable classic urban planning model, through the sustainability model that it incorporated full sustainability and the statutory property rights regime, but that established an unviable general intervention regime in the existing city areas and also left a gap due to the lack of regulation for the preservation of the city; and finally up to the definition of the aMU-RRi with city preserving legislation and its regional adaptations and that will help the formation of the new urban paradigm, based on the social function of property rights that we have been given for the joint and integrated urban preservation of what we call, the city.

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

scholarly journals Criteria for Housing Design with Emphasis on Comparison between Traditional and Today Contemporary Iranian Architecture

2016 ◽  
Vol 9 (6) ◽  
pp. 182
Author(s):  
Tahereh Nasr
Keyword(s):  
Design Pattern ◽  
Field Method ◽  
Traditional Architecture ◽  
Housing Design ◽  
Residential Architecture ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
House Design ◽  
The Impact

<p>Settling in the cities and the numerous efforts being made for massive supply of houses in a short time period, makes difficult the access to a pattern as appropriate for family life with increase in concentration in building construction, the individual and family borders, too, are neglected.</p><p>Though due to the extensiveness and complexity of the concept of housing, one cannot give a comprehensive, unique definition of it, but the housing, as a shelter, is regarded as the primary and basic needs of the family.</p><p>House as a place for relaxation and comfort and a shelter for removing tiredness has been a peace and security locality from a long time ago. House demand is one of the most essential human`s demands. According to Article 31 of fundamental law of Islamic Republic of Iran also, possessing a suitable house is considered as the right for every person and every Iranian family. House not only as a shelter, but also as a place for humans raise, has a great importance in the initial and most fundamental society union, namely family.</p><p>Identifying the identity and investigating the residential complexes in regard to the aesthetics implies the precise and conscious observing and noticing their beauties and or ugliness.</p><p>Main Questions in this paper are:</p><ul><li>What are the consequences of disregarding the identity of today's housing architecture, especially the architecture of the ancient towns?</li><li>Can the components of Iranian traditional architecture be applied in today contemporary residential architecture and be effective to create a sense of place?</li></ul><p>So the main purpose of this article is Pathology of Today Contemporary Iranian housing Architecture and Comparison with traditional Iranian architecture.</p><p>The method explored is a descriptive-analytical and field method to gather information and documents are available. The impact of known factors and variables in Iranian contemporary and traditional residential architecture has been evaluated and compared.</p><p>Accordingly, having some criteria for achieving a suitable house design pattern is essential in a way that makes it possible to understand all its visual embodiments and identify its identity.</p>This research also state the reasons for disability of today`s architecture and urban development against house problem and recommend some criteria for achieving a house design pattern after an overview of the definition of housing and examination of Iranian housing.

Право на жизнь как ценность

2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Health Protection ◽  
Personal Integrity ◽  
Right To Life ◽  
Legal Science ◽  
Definition Of ◽  
The Individual ◽  
The Right

The right to life is the highest value, is the basis of all other human rights and freedoms, but Russian legislation does not contain a definition of a person's life. In legal science, the right to life is interpreted as the right of the individual to freedom and personal integrity, health protection, reducing the problem to the abolition of the death penalty and euthanasia. The article deals with issues that are especially relevant in connection with the development of artificial methods of reproduction: from when does the right to life arise and whether the embryo has a legal value.

scholarly journals Impartiality in the EU Asylum Procedure

2018 ◽  
Vol 20 (3) ◽  
pp. 338-356
Author(s):  
Pieter van Reenen
Keyword(s):  
Code Of Conduct ◽  
Fundamental Rights ◽  
The European Union ◽  
European Court ◽  
Common European Asylum System ◽  
Definition Of ◽  
Right To Good Administration ◽  
The Individual ◽  
The Right ◽  
The Eu

Abstract The Asylum Procedures Directive stipulates that asylum applications are examined ‘impartially’ by the national authorities. This paper explores the meaning of the term impartiality in administrative settings in EU asylum law focussing on three levels: the Common European Asylum System, the administrative organisational level and the level of the individual immigration officer. CEAS does not provide for a definition of impartiality. The article connects impartiality to the right to good administration as in the Charter of Fundamental Rights of the EU. It includes jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights as well as the approach of the EU Ombudsman and EASO in its scope. These sources provide more concrete aspects of impartiality. The article is finalized with recommendations for a code of conduct.

scholarly journals Prawo do opieki dyplomatycznej i konsularnej – przyczynek do rozważań w świetle standardu międzynarodowego

2019 ◽  
pp. 143-162
Author(s):  
Krzysztof Kozłowski
Keyword(s):  
International Law ◽  
Host Country ◽  
Standard Of Care ◽  
Point Of View ◽  
Legal Standard ◽  
The Subject ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

This article aims at analyzing the right to diplomatic and consular protection in the context of the standard resulting from international law. It tries to give a definition of this institution, pointing to its public and subsidiary nature. It also points out that diplomatic and consular assistance is carried out in a situation of conflict between the interests of the individual and the country of origin, and that of the host country. The article also discusses the subject and subject matter of consular and diplomatic care.                 Moreover, the study comments on the specific features of this right from the point of view of the complexity and effectiveness of the protection of rights at the international level. In this context it was pointed out that the right to diplomatic and consular protection is not a classic right, but can be considered as an instrument for the operation of other rights or freedoms. The right to consular and diplomatic care is devoid of homogeneous regulation, but also depends on the legal standard of care offered by the home state and must be within the limits set by the host country. The scope of its application may be related to any legal event that may occur when the entity is in a situation of contact with the legal system of the receiving state.                 The discussions under consideration highlighted the subsidiarity of the right to diplomatic and consular assistance for the exercise by the individual of his or her rights and freedoms. However, There is no complete protection standard in this respect, which is conducive to the lack of exhaustive regulation at the convention level, which, in extreme cases, can jeopardize the exercise by the individual of his or her subjective rights, that is to ensure its adequate protection standard in the territory of the host country.

Sign in / Sign up

Export Citation Format

Share Document