Civil Adoption in Contemporary Chinese Law: A Contract to Care

1989 ◽  
Vol 23 (2) ◽  
pp. 373-410 ◽  
Author(s):  
Michael J. E. Palmer
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Social Life ◽  
Public Awareness ◽  
Chinese Society ◽  
Chinese Law ◽  
Norms And Values ◽  
Legal Structures ◽  
The Law ◽  
The Cultural Revolution

An outstanding feature of the far-reaching plans for development which China has been earnestly promoting under the general rubric of the ‘four modernizations’ is the post-Mao leadership's determined effort to revive and thoroughly institutionalize a meaningful and formal legal system. There is an obvious and sharp distinction between the policies towards law pursued during the period between the mid-1950s and the mid-1970s and the more recent attempts to fashion a pivotal role for law in Chinese society. Throughout much of the course of socialist rule China's leaders have been concerned not with promoting effective legal institutions but, rather, with the direct insertion of extrinsic political norms and values into the law. During the Cultural Revolution many important legal structures ceased to function. In contrast, in the years since 1978 an important aspect of the rigorous political reaction to the uncertainty and conflict of the Cultural Revolution has been unequivocal support for the establishment of a sound legal system. The leadership now believes that systematic and regulated law-making, public awareness of the law, and proper application of the rules should be integral elements in the administration of justice in the PRC. The hope is that this approach will prevent the recurrence of arbitrary political rule, curb reliance on ‘connections’ or guanxi in bureaucratic conduct, promote economic growth and generally encourage the development of a more predictable and orderly social life.

Law on Display in China

1981 ◽  
Vol 88 ◽  
pp. 669-685 ◽  
Author(s):  
Ellen R. Eliasoph ◽  
Susan Grueneberg
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Great Part ◽  
Popular Press ◽  
The Press ◽  
System Success ◽  
The Law ◽  
Personal Accounts ◽  
The Cultural Revolution

One of the major tasks facing the post- ”gang of four“ leadership of China is that of developing and consolidating a legal system. Success in this endeavour depends in great part upon the establishment of the people's faith in legality. The popular press often refers to the Cultural Revolution years as a time of absolute lawlessness1 in which arbitrary arrests and imprisonment, procedural violations, and baseless slander were the order of the day. Personal accounts of those years tend to confirm this view. They tend also to indicate that many people have little faith in the law and are cynical about the prospects for the success of legality in China. Undoubtedly, this cynicism stems from fresh memories of the types of abuse referred to in the press. And, because it overlays the traditional Chinese distrust of law as a method of resolving social disputes, it is a peculiarly intractable cynicism.

Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform

1995 ◽  
Vol 141 ◽  
pp. 82-109 ◽  
Author(s):  
Anthony R. Dicks
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Similar Process ◽  
Chinese Society ◽  
Court Decisions ◽  
Thought Processes ◽  
Chinese Law ◽  
Legal Documents ◽  
The World ◽  
Growing Body

Among the various classes of legal documents which have become publicly available in China in recent years, few are more interesting than the growing body of reported decisions by courts and other institutions. Usually resulting, directly or indirectly, from litigation or some similar process, these interpretative rulings and decided cases have appeared in increasing numbers in the nine years following the first publication of the Supreme People's Court's own gazette. Since then a number of general collections of judicial interpretations and abstracts of court decisions have been brought out, some of which pre-date the Cultural Revolution. The Supreme People's Court now supplements its gazette with periodical collections of reports of cases, and more specialized collections of interpretations and cases have been published to meet various specific needs, academic and professional.Access to material of this kind on a larger scale than hitherto sheds light on various aspects of the Chinese legal system itself which for foreign observers were previously obscure. Moreover, although most of the cases and decisions which are published emanate from the higher levels of the legal hierarchy, they bring the reader closer both to the practical workings of the legal system and to the thought processes which guide it.The question which inevitably arises is whether these newly available materials should be regarded as providing more than just a heightened awareness of the dynamics of Chinese society and its legal system. Outside China, the study of Chinese law is increasingly regarded not merely as a discipline for the description and analysis of a specialized category of Chinese institutions, but more importantly as a source of detailed prescriptive norms of the kind expected from legal systems in the world as a whole.

Factions in Chinese Military Politics

1973 ◽  
Vol 56 ◽  
pp. 667-699 ◽  
Author(s):  
William L. Parish
Keyword(s):  
Interest Groups ◽  
Cultural Revolution ◽  
Internal Conflict ◽  
Chinese Society ◽  
Internal Conflicts ◽  
Chinese Studies ◽  
Chinese Military ◽  
Military Politics ◽  
The Military ◽  
The Cultural Revolution

In Chinese Studies, three themes have acquired new emphasis since the Cultural Revolution: first, the view that China is not a simple monolithic state but one with diversified interest groups and potential internal conflict. Second, the influence of the military throughout society and the extent to which its particular interests and internal conflicts shape the nature of government and society. Third, the fact that bureaucratism, though attacked in the Cultural Revolution, is likely to continue shaping Chinese society and to be a perennial threat to revolutionary ideals. This article touches on each of these themes – first, by an analysis of personal loyalty groups during the Cultural Revolution and the Lin Piao affair and, second, by an account of the changing nature of Chinese bureaucracies and of how these changes impinge on factional politics.

scholarly journals SOSIAL CONTROL : SIFAT DAN SANKSI SEBAGAI SARANA KONTROL SOSIAL

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Ida Bagus Sudharma Putra
Keyword(s):  
Social Norms ◽  
Social Control ◽  
Human Behavior ◽  
Legal System ◽  
Social Group ◽  
Social Life ◽  
Community Group ◽  
Norms And Values

<p>Society in social life always there is a means in the form of control or control to regulate the various behavior or behavior anngota social group, It means that human behavior should be limited by the rules so that humans can know what to do and actions that should not be done. Behavior that is governed means a limit of values ??and norms deviant and antisocial. Con- versely, the behaviors that are ordered mean that they contain values ??and norms that are komformis. Prevention or handling efforts for the community not to violate the rules, then within the community group must have a set of values ??and norms is none other than to prevent or reduce the violation of the rules. This is called the form of social control. When looking at the function of social control that applies to the life of the community, is to develop a fear that someone not to do acts that are not in accordance with the values ??and norms that apply, and provide compensation for people who comply with the values ??and norms -the prevailing norms so as to reinforce a sense of confidence in society that the value is supposed to be adhered to for the life of society towards the better. And able to create a legal system (the rules are formally formulated with the sanctions contained in it). From these limitations, it can be interpreted that social control is a designed or not designed and controlled means and process aimed at engag- ing, educating, and even forcing citizens to comply with prevailing social norms and values.</p>

scholarly journals Developments in Chinese psychiatry

1988 ◽  
Vol 12 (10) ◽  
pp. 437-439
Author(s):  
G. M. G. McClure
Keyword(s):  
Cultural Revolution ◽  
Sharp Contrast ◽  
The Political ◽  
Chinese Society ◽  
Political Constraints ◽  
Previous Decade ◽  
The Cultural Revolution

During a recent visit to China, which included meetings with psychiatrists in Beijing, Shanghai, Xian and Hohot, I noted that many of the political constraints of the Cultural Revolution on psychiatry had been removed. Clearly, Chinese society was still strongly influenced by Marxist doctrine, but there was greater academic and clinical freedom for the reinstated professionals who had previously been considered ‘elitist’. Western textbooks and journals were available, and the very fact that Chinese psychiatrists were able to communicate freely with me was in sharp contrast to the enforced isolation of the previous decade.

Ideology and Cosmology: Maoist Discussion on Physics and the Cultural Revolution

2006 ◽  
Vol 40 (1) ◽  
pp. 109-149 ◽  
Author(s):  
YINGHONG CHENG
Keyword(s):  
Cultural Revolution ◽  
Chinese Society ◽  
Cultural Perspectives ◽  
Fortieth Anniversary ◽  
Political Economic ◽  
The Cultural Revolution

The Cultural Revolution has reached its fortieth anniversary (1966–2006), but many questions about it remain unanswered or the answers themselves are controversial. Among the questions, why Mao and Maoist ideologists went such an extreme in seeking their political goals, and how they would justify the chaos and disasters the Chinese society suffered from 1966 to 1976, are perhaps the most fundamental one. To answer this question, Mao and China scholars have provided interpretations from political, economic, social, and cultural perspectives.

From the “Great Union of the Popular Masses” to the “Great Alliance”

1972 ◽  
Vol 49 ◽  
pp. 88-105 ◽  
Author(s):  
Stuart R. Schram
Keyword(s):  
Cultural Revolution ◽  
Chinese Society ◽  
May Fourth Movement ◽  
Fourth Movement ◽  
May Fourth ◽  
The May Fourth Movement ◽  
The Cultural Revolution

The main purpose of this article is to serve as an introduction to the foregoing translation of Mao Tse-tung's essay, “The Great Union of the Popular Masses,” written during the summer of 1919. As suggested by the title, however, while focusing primarily on Mao Tse-tung's thought at the time of the May Fourth Movement, I have chosen to develop also certain parallels with the ideas he has put forward more recently, especially during the Cultural Revolution. That there are elements of continuity between these two epochs has been recognized by everyone from the very beginning of the Cultural Revolution. Indeed, Mao himself not only stressed these links, but, for a time at least, sought to exaggerate them. The Cultural Revolution was (among many other things) an attempt to re-create, for the benefit of today's youth, an experience analogous to that of Mao's generation of young Chinese half a century ago. None the less, the juxtaposition, for purposes of analysis, of two such episodes widely separated in time may at first glance appear somewhat arbitrary. Such an approach can, in my view, be justified by the fact that the Mao Tse-tung of 1919 had not yet seriously begun to assimilate Marxism, whereas the Mao Tse-tung of the Cultural Revolution had already moved beyond Marxism to conceptions not altogether compatible with the logic of Marxism or of Leninism. The intervening years, during which he mastered, applied and then to some extent discarded the principles of revolution developed by Lenin and Stalin are, of course, vitally important to an understanding of the genesis and present significance of his thought. But by looking directly from 1919 to 1969, and leaping over the intervening period, one can perhaps see the problem in a perspective which reveals points that would otherwise be obscured. In particular, one can note the persistence of traits and ideas not derived from Marxism, and which therefore belong to an earlier and deeper stratum of Mao's thinking and feeling about the problems of Chinese society.

Chinese Opera after the Cultural Revolution (1970–72)

1973 ◽  
Vol 55 ◽  
pp. 478-510 ◽  
Author(s):  
Colin Mackerras
Keyword(s):  
Cultural Revolution ◽  
Chinese Society ◽  
Cultural Activity ◽  
Chinese Opera ◽  
The Arts ◽  
Party Congress ◽  
The Cultural Revolution

The theatrical life of the Chinese in recent years has closely reflected the evolution of Chinese society as a whole since the Cultural Revolution. Although the ninth Party Congress in April 1969 confirmed the success of the Maoist line established in the Cultural Revolution, deciding exactly how to apply that ideological system has not always been easy. Debate has continued in all sections of the community, and is reflected very clearly in the newspapers and media. Amid these debates enough concrete decisions have been reached to begin new cultural activity, largely suspended while the issues were being thrashed out during the Cultural Revolution, and with the passing of time the pace of the revival in the arts has quickened. The resurgence is based on Maoist theory, and it may conseqeuntly be useful to begin with a discussion of how the Chinese are formulating their ideas on what the theatre is all about.

scholarly journals Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

2021 ◽  
Vol 3 (1) ◽  
pp. 15-29
Author(s):  
Siti Zuliyah
Keyword(s):  
Legal System ◽  
Behavior Patterns ◽  
Legal Systems ◽  
Legal Process ◽  
Legal Traditions ◽  
Real Behavior ◽  
Legal Structures ◽  
The Law ◽  
Process Work ◽  
And Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia. 

Sign in / Sign up

Export Citation Format

Share Document