比较视角下的古巴财产演变

Francesca Benatti
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引用次数: 0

摘要

这篇文章考察了古巴财产的演变。它特别关注导致2019年宪法承认私有财产的改革以及首次向市场开放的萌芽。然后对物权产生与私有化的不同理论进行了思考,并对快速私有化模式和渐进私有化模式进行了比较。后者以中国和越南为代表,分析了两国的经验,似乎取得了良好的效果。自邓改革以来,中国已经向市场开放,对不动产权利的缓慢承认被写入了2007年的法律。实现的平衡将在2021年的代码中得到弥补。实行“革新”政策的越南也走了类似的道路,不同愿景之间的艰难平衡被写入了宪法。应当指出的是,社会主义国家虽然并非没有矛盾,但正在努力寻找能够保证个人保护和自由以及发展和改善生活质量的自己的模式。在这一过程中,财产、契约和企业的基本和不可或缺的建立必须与平等和社会正义的原则相平衡,这些原则是或应该是他们自身经验的基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Evolution of property in Cuba in a comparative perspective
The essay examines the evolution of property in Cuba. It focuses in particular on the reforms that led to the recognition of private property in the 2019 Constitution and the first embryonic openings to the market. The different theories on the emergence of real rights and privatisation are then considered, with a comparison between the rapid and gradual privatisation models. The latter embodied by China and Vietnam, whose experience are analysed, seems to have achieved good results. China since Deng’s reforms has opened up to the market and the slow recognition of real rights was enshrined in the 2007 law. The balance achieved is taken up in the 2021 code. The new phase, announced by Xi Jinping, is inspired by the idea of common prosperity. Vietnam with its Doi Moi policy followed a similar path and the difficult balance between the different visions was enshrined in the Constitution. It should be noted that socialist countries are trying, although not without contradictions, to discover their own model capable of guaranteeing individual protections and freedoms together with the development and improvement of quality of life. In this journey, the fundamental and indispensable establishment of property, contract, and enterprise must be balanced with the principles of equality and social justice that are or should be the foundation of their own experience.
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