China’s Reform and Opening-Up and Choices in How to Regulate Associations: An Interview with Chen Jinluo

2014 ◽  
Vol 6 (2) ◽  
pp. 153-168
Author(s):  
Keyword(s):  
Civil Society ◽  
Social Groups ◽  
Civic Association ◽  
Constitutional Principle ◽  
The Status ◽  
The Law ◽  
Reform And Opening Up ◽  
Full Swing ◽  
Opening Up

With China’s reform and opening-up drive in full swing in the late 1980s, the number of voluntarily organized associations was on the rise and different demands were reflected in the sector of civic association. An urgent need arose for the status, role, rights and duties of voluntarily organized associations to be defined in basic laws in line with the constitutional principle concerning civil society. The drafting of a law was put on the agenda to guarantee the rights of associations and their law-based development. This article reviews the background against which The Law on Association was drafted, the drafting process, the main content of the law, and the contentions in the drafting process, before recounting the drafting of the Regulations on Registration and Administration of Social Groups and the establishment of the Department for the Management of Social Groups. It is hoped that the experience may provide useful information for the legislation on social groups that is in the pipeline.

scholarly journals Development Paths, Problems and Countermeasures of Chinese Civil Society Organizations

2015 ◽  
Vol 7 (2) ◽  
pp. 1-18
Author(s):  
Chao YE ◽  
Jennifer Onyx
Keyword(s):  
Civil Society ◽  
Future Development ◽  
Development Process ◽  
Civil Society Organizations ◽  
Existing Problems ◽  
The Government ◽  
Development Paths ◽  
Reform And Opening Up ◽  
Opening Up ◽  
Chinese Civil Society

Although the process of reform and opening-up accelerates continually in China, the speed of development for Chinese Civil Society Organizations (CSOs) is still slow; most organizations still operate under the government shadow and it is very difficult to cut relations with government. The autonomy of Chinese CSOs, to a large extent, is affected by the constraints from government. Overall, Chinese CSOs are still in their infancy, and they need to be further perfected and developed. The aim of this paper is to present a review of the field, with issues and promise identified. Specifically, the paper focuses on the internal management of these organizations and their existing problems in the development process, and some potential solutions for CSOs’ future development.

The Utilization Planning of Historic and Cultural Buildings in Declined Region: In the Case of Gongrencun Region in Shenyang City of China

2011 ◽  
Vol 361-363 ◽  
pp. 1109-1116
Author(s):  
Ning Chai ◽  
Mack Joong Choi
Keyword(s):  
Urban Regeneration ◽  
Status Quo ◽  
City Government ◽  
Industrial Restructuring ◽  
Industrial City ◽  
Shenyang City ◽  
The Status ◽  
Negative Impacts ◽  
Reform And Opening Up ◽  
Opening Up

As an industrial city, Shenyang has made important contributions to China. However, with the industrial restructuring since the reform and opening up, many factories were either moved to the suburbs or closed down; workers lost their jobs, which results in a regional decline. Gongrencun region is a declined region in Shenyang city, and it has lagged behind other regions. To change the status quo, Shenyang city government began to implement urban regeneration policy from April, 2000. Workers Life Hall and Cast Museum were built in this period, which is conceived as the representative practice of urban regeneration because of their good effects on regional development. Basing on the practice of urban regeneration in Gongrencun region, this paper will elaborate the limitations of regeneration approaches by analyzing the negative impacts brown about by the simple redevelopment and propose a scheme of sustainable regeneration for Gongrencun region.

The Analysis of China's Previous CPI Fluctuation Cycle

2014 ◽  
Vol 1065-1069 ◽  
pp. 2593-2597
Author(s):  
Shu Fang Qian
Keyword(s):  
Price Level ◽  
Control Policy ◽  
Published Data ◽  
Filtering Method ◽  
The Future ◽  
The Law ◽  
The Stability ◽  
Reform And Opening Up ◽  
Opening Up ◽  
Important Significance

The current CPI fluctuation is one of the hot issues that people are common concerned, the monthly published data is also concerned. Facing the problem reported by CPI, we need to analyze deeply the CPI fluctuation cycle and study the law and characteristics of fluctuation, so as to find out the reason. This article refers to the H-P filtering method, the cycle is divided on the 1978-2011 monthly CPI data, found that since the reform and opening up, the CPI has experienced seven volatility cycles, moreover, the characteristics and causes are different between previous fluctuations, so analyzing characteristics of the previous CPI fluctuation cycle has a very important significance on maintaining the stability of the price level in the future and making the correct macro-control policy.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

Rereading Klein’s “Some reflections on ‘The Oresteia’ ”—the evolution of the mother–daughter relationship in four generations of Chinese women

2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Xu Jianqin
Keyword(s):  
Mutual Influence ◽  
Chinese Women ◽  
Chinese History ◽  
Developmental Context ◽  
Child Relationship ◽  
Mother Daughter Relationship ◽  
Foot Binding ◽  
Mother Child Relationship ◽  
Reform And Opening Up ◽  
Opening Up

This article analyses the evolution of the mother–daughter relationship in China, and describes the mothering characteristics of four generations of women, which in sequence includes “foot-binding mothers”, “mothers after liberation”, “mothers after reform and opening up”, and “mothers who were only daughters”. Referring to Klein’s ideas about the mother–child relationship, especially those in her paper “Some reflections on ‘The Oresteia’ ”, the author tries to understand mothers and their impact on their daughters in these various periods of Chinese history, so as to explore the mutual influence of the mother–daughter relationship in particular, and the Chinese cultural and developmental context in general.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Conclusion: Rethinking Punishment

2018 ◽  
Author(s):  
Didier Fassin
Keyword(s):  
Social Inequality ◽  
Political Violence ◽  
Social Order ◽  
Social Groups ◽  
The Social ◽  
Ideal Language ◽  
The Status ◽  
The Ideal

If punishment is not what we say it is, if it is not justified by the reasons we invoke, if it facilitates repeat offenses instead of preventing them, if it punishes in excess of the seriousness of the act, if it sanctions according to the status of the offender rather than to the gravity of the offense, if it targets social groups defined beforehand as punishable, and if it contributes to producing and reproducing disparities, then does it not itself precisely undermine the social order? And must we not start to rethink punishment, not only in the ideal language of philosophy and law but also in the uncomfortable reality of social inequality and political violence?

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