In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed househ...In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.展开更多
Established during the long years of revolutionary struggle and the founding of the People＇s Republic of China （PRC）, the Communist Party of China（CPC）-led decision-making system has a historical rationality. Bef...Established during the long years of revolutionary struggle and the founding of the People＇s Republic of China （PRC）, the Communist Party of China（CPC）-led decision-making system has a historical rationality. Before China＇s reform and opening-up was implemented in 1978, the decision-making system highlighted centralization which led to disadvantages such as non-existent specialized division of functions, a low level of institutionalization, heavy reliance on experience, an enclosed decision-making mode and non-existent self-correction mechanisms. These disadvantages were institutional factors which ultimately caused the historic tragedy of ＂ Cultural Revolution. ＂After the reform and opening-up, the decision-making structure, mode and mechanism were reformed in order to promote scientific, democratic and law-based decisions. History has shown that the reform has successfully overcome various challenges brought about by China＇s rapidly changing economy and society. From the perspective of political development, the reform has promoted several transitions： from individual controlled decision-making system to a more democratic decision-making process, from being empirical to scientifically-based, from highly centralized decision-making organizations to decentralized one, from an enclosed mode to an open mode, from passive to active participation in the decision-making process and from a non-institutionalized to an institutionalized system. Therefore, the CPC-led open decision-making model based on science and laws and participated by other parties has taken an initial shape.展开更多
文摘In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.
文摘Established during the long years of revolutionary struggle and the founding of the People＇s Republic of China （PRC）, the Communist Party of China（CPC）-led decision-making system has a historical rationality. Before China＇s reform and opening-up was implemented in 1978, the decision-making system highlighted centralization which led to disadvantages such as non-existent specialized division of functions, a low level of institutionalization, heavy reliance on experience, an enclosed decision-making mode and non-existent self-correction mechanisms. These disadvantages were institutional factors which ultimately caused the historic tragedy of ＂ Cultural Revolution. ＂After the reform and opening-up, the decision-making structure, mode and mechanism were reformed in order to promote scientific, democratic and law-based decisions. History has shown that the reform has successfully overcome various challenges brought about by China＇s rapidly changing economy and society. From the perspective of political development, the reform has promoted several transitions： from individual controlled decision-making system to a more democratic decision-making process, from being empirical to scientifically-based, from highly centralized decision-making organizations to decentralized one, from an enclosed mode to an open mode, from passive to active participation in the decision-making process and from a non-institutionalized to an institutionalized system. Therefore, the CPC-led open decision-making model based on science and laws and participated by other parties has taken an initial shape.
