特许物权变动中寻租行为的衍生路径及抑制

特许物权是自然资源用益物权。特许物权变动是指特许物权的设立、变更和终止行为。自然资源的稀缺性特征是为其变动过程被政府管制的重要原因,我国法律即采取特许物权变动行政许可制度,是国家为减少自然资源开发中的外部性问题而对私人权益实施的强制性干预。特许物权变动行政许可制度弱化特许物权人的最大化收益,产生了价格不菲的经济租。部分特许物权人为了谋求自身利益的最大化,会做出各种努力旨在影响特许物权变动中行政许可的向度与强度。一旦寻租行为得逞,自然资源的法定变动路径将备受扭曲,社会总体福利下降。寻租行为在特许物权变动中的发生类型呈现出独占型寻租和竞争型寻租两种,但其有着共同的衍生路径。追踪寻租行为的发生脉路,可以洞察到自然资源特许物权变动中寻租衍生的特殊动因。可以通过合理化特许物权结构、规范特许物权变动秩序和强化行政许可权力制衡力度等措施来对寻租的动因加以有效抑制。     

Large carnivore hunting and the social license to hunt

The social license to operate framework considers how society grants or withholds informal permission for resource extractors to exploit publicly owned resources. We developed a modified model, which we refer to as the social license to hunt (SLH). In it we similarly consider hunters as operators, given that wildlife are legally considered public resources in North America and Europe. We applied the SLH model to examine the controversial hunting of large carnivores, which are frequently killed for trophies. Killing for trophies is widespread, but undertaken by a minority of hunters, and can pose threats to the SLH for trophy-seeking carnivore hunters and potentially beyond. Societal opposition to large carnivore hunting relates not only to conservation concerns but also to misalignment between killing for trophies and dominant public values and attitudes concerning the treatment of animals. We summarized cases related to the killing of grizzly bears (Ursus arctos), wolves (Canis lupus), and other large carnivores in Canada, the United States, and Europe to illustrate how opposition to large carnivore hunting, now expressed primarily on social media, can exert rapid and significant pressure on policy makers and politicians. Evidence of the potential for transformative change to wildlife management and conservation includes proposed and realized changes to legislation, business practice, and wildlife policy, including the banning of some large carnivore hunts. Given that policy is ultimately shaped by societal values and attitudes, research gaps include developing increased insight into public support of various hunting policies beyond that derived from monitoring of social media and public polling. Informed by increased evidence, the SLH model can provide a conceptual foundation for predicting the likelihood of transient versus enduring changes to wildlife conservation policy and practice for a wide variety of taxa and contexts.     

在我国建立水权制度的探讨

水权制度是水资源法制化管理的模式,与我国的取水许可制度在管理机制和调度方式上均存在区别。在我国建立水权制度是市场经济发展的需求,是一个长期的、循序渐进的、从理论到实践的过程。取水许可证制度是水权管理的基础,前者向后者的转变需要逐步实施,因地制宜。     

Driving restrictions post-stroke: Physicians' compliance with regulations

Objective: Suffering a stroke might lead to permanent cognitive and/or physical impairment. It has been shown that these impairments could have an impact on an individual's fitness to drive. In Sweden, as in many other countries, there are regulations on driving cessation post-stroke. Information on driving cessation should be given to all patients and noted in the journal. The present study sought to determine physician's compliance to driving regulations post-stroke as well as follow-up and gender aspects.

Method: A retrospective study of medical records on stroke patients was carried out. The study covered all of the medical records on stroke incidents (n = 342) during a year at a typical medium to large-sized hospital in Sweden.

Results: A journal entry on driving cessation post-stroke was missing in 81% of the medical records. Only 2% of the patients were scheduled for a follow-up meeting specifically concerning fitness to drive. Significantly more men than women had an entry on driving in the journal.

Conclusions: We conclude that the Swedish regulations on driving cessation post-stroke were not followed at the participating hospital. It is crucial that all stroke patients receive information on driving cessation because their condition might affect fitness to drive. Analysis of follow-up records showed that there was no consistent method for assessment of a patient's fitness to drive. There was also a gender difference in the material, which warrants further investigation.     

How you start matters: A comparison of Gold Fields' Tarkwa and Damang Mines and their divergent relationships with local small-scale miners in Ghana

This paper argues that actions of large-scale mining companies at the early stages of a mining project establish a legacy which sets the tone for that mine's long-term relationship with the local artisanal and small-scale mining (ASM) stakeholders. This paper compares the experiences of Gold Fields' Tarkwa and Damang mines and the divergent histories of each of these mines' relationship with local small-scale mining stakeholders. Circumstances at Damang during the discovery and early development of the project drove a rift between the mine and the ASM community. As the mine developed, a chain of ASM engagement strategies were enacted in an attempted to repair the relationship but which has never able to regain sufficient trust between the mine and ASM stakeholders. At the nearby Tarkwa mine, ASM confrontations have been much easier to manage. Despite early disagreements at Tarkwa, a relationship characterized by greater trust between the mine and ASM communities was established early and therefore ASM engagement strategies have been simpler and more effective. This paper will conclude that establishing and maintaining a positive mine legacy as early as the exploration phase of a mining project is critical to maintaining a positive, trust-based relationship between LSM companies and their local ASM stakeholders over the life of a mine.     

Quantifying the conservation gains from shared access to linear infrastructure

The proliferation of linear infrastructure such as roads and railways is a major global driver of cumulative biodiversity loss. One strategy for reducing habitat loss associated with development is to encourage linear infrastructure providers and users to share infrastructure networks. We quantified the reductions in biodiversity impact and capital costs under linear infrastructure sharing of a range of potential mine to port transportation links for 47 mine locations operated by 28 separate companies in the Upper Spencer Gulf Region of South Australia. We mapped transport links based on least‐cost pathways for different levels of linear‐infrastructure sharing and used expert‐elicited impacts of linear infrastructure to estimate the consequences for biodiversity. Capital costs were calculated based on estimates of construction costs, compensation payments, and transaction costs. We evaluated proposed mine‐port links by comparing biodiversity impacts and capital costs across 3 scenarios: an independent scenario, where no infrastructure is shared; a restricted‐access scenario, where the largest mining companies share infrastructure but exclude smaller mining companies from sharing; and a shared scenario where all mining companies share linear infrastructure. Fully shared development of linear infrastructure reduced overall biodiversity impacts by 76% and reduced capital costs by 64% compared with the independent scenario. However, there was considerable variation among companies. Our restricted‐access scenario showed only modest biodiversity benefits relative to the independent scenario, indicating that reductions are likely to be limited if the dominant mining companies restrict access to infrastructure, which often occurs without policies that promote sharing of infrastructure. Our research helps illuminate the circumstances under which infrastructure sharing can minimize the biodiversity impacts of development.     

煤矿安全许可管理的思路与探索

为提高煤矿安全许可的时效性、有效性、权威性和可操作性,本文追溯了煤矿安全许可这一概念的产生过程、包含范围和实施目的及意义;剖析了目前煤矿安全许可在实践中面临的困惑,在此基础上,重点介绍了陕西煤监机构对安全生产许可证颁证条件、程序等管理上的突破与创新,对煤矿建设项目安全设施设计审查、安全设施及条件竣工验收管理中新的思路,特别是探索性的做法,这对煤矿安全许可管理有积极的借鉴意义。     

Required hours of practice for learner drivers: A comparison between two Australian jurisdictions

Problem

This study considers whether requiring learner drivers to complete a set number of hours while on a learner license affects the amount of hours of supervised practice that they undertake. It compares the amount of practice that learners in Queensland and New South Wales report undertaking. At the time the study was conducted, learner drivers in New South Wales were required to complete 50 hours of supervised practice while those from Queensland were not.

Method

Participants were approached outside driver licensing centers after they had just completed their practical driving test to obtain their provisional (intermediate) license. Those agreeing to participate were interviewed over the phone later and asked a range of questions to obtain information including socio-demographic details and amount of supervised practice completed.

Results

There was a significant difference in the amount of practice that learners reported undertaking. Participants from New South Wales reported completing a significantly greater amount of practice (M = 73.3 hours, sd = 29.12 hours) on their learner license than those from Queensland (M = 64.1 hours, sd = 51.05 hours). However, the distribution of hours of practice among the Queensland participants was bimodal in nature. Participants from Queensland reported either completing much less or much more practice than the New South Wales average.

Summary

While it appears that the requirement that learner drivers complete a set number of hours may increase the average amount of hours of practice obtained, it may also serve to discourage drivers from obtaining additional practice, over and above the required hours.

Impact on Industry

The results of this study suggest that the implications of requiring learner drivers to complete a set number of hours of supervised practice are complex. In some cases, policy makers may inadvertently limit the amount of hours learners obtain to the mandated amount rather than encouraging them to obtain as much practice as possible.     

比利时环境治理典型经验分析——以弗拉芒大区为例

作为欧盟的核心成员国之一,近年来比利时在环境治理方面成效显著。尤其是弗拉芒大区,逐渐形成了以"土地证书"为标志的土壤污染治理、"从摇篮到坟墓"的废弃物治理和以"许可证制度"为核心的空气污染治理等一系列特点鲜明的环境治理措施和方法。本文着重分析弗拉芒大区环境治理的机构设置和目标,以及其土地污染治理中的"土地证书"和土地交易管理,空气污治理中的工业污染源和交通污染源治理,废弃物治理中的法律、经济与自愿工具使用三个方面的典型经验。结合比利时弗拉芒大区的典型经验和现阶段我国环境政策体系存在的主要问题,建议我国环境政策体系的改进和完善,应更加注重实现污染外部性的内部化、利用市场手段来实现土壤保护和开发新的环境政策工具。