婚姻、革命与法律—陕甘宁边区的离婚法实践

Rural China ◽  
2013 ◽  
Vol 10 (2) ◽  
pp. 221-257
Keyword(s):  
Marriage Market ◽  
Border Region ◽  
Social Force ◽  
Divorce Law ◽  
Republic Of China ◽  
Communist Revolution ◽  
Judicial Archives ◽  
The Right ◽  
Civil Justice System ◽  
The Revolution

Abstract Based on the judicial archives of the Shaan-Gan-Ning Border Region, this article examines the Border Region’s divorce law practice in the context of the Chinese Communist revolution. Despite the retreat of the Chinese Communist Party (CCP) from its radical approach to divorce during the Yan’an period, women were encouraged by various changes introduced by the revolution to exercise the right to divorce, and their failure or success in divorce litigation was closely associated with their respective positions or statuses as defined in connection with the revolution. On the other side, male peasants, the major social force of the revolution, experienced a downward movement in the marriage market, and their encounter with gongjiaren in divorce litigation revealed the gap between the ideal of marriage as anticipated by lawmakers and the marriage market in reality. To a large extent, this tension contributed to the development of a mediation-focused judicial system, which would deeply influence the civil justice system of the People’s Republic of China. (This article is in English.) 摘要 本文利用陕甘宁边区的司法档案，在中国共产党革命的背景下考察陕甘宁边区的离婚法实践。尽管边区的婚姻立法已从苏维埃时期完全支持离婚的激进立场撤退，但革命带来的各种现实变化，尤其是对个人身份的重塑，仍然激励妇女积极地行使离婚的权利，而她们在革命中所处的位置或身份对于她们在离婚诉讼中权利的实现有重大关联。另一方面，作为革命主要社会力量的男性农民在婚姻市场上经历了下滑， 他们和公家人在离婚诉讼中的对抗清楚地显示了立法者预期的婚姻理想和现实的婚姻市场之间的紧张关系。对此法官们创造性地摸索出一套以调解为主要手段的司法技术，对于中华人民共和国的民事法律制度有根本性的影响。

婚姻、革命与法律—陕甘宁边区的离婚法实践

Rural China ◽  
2013 ◽  
Vol 10 (1) ◽  
pp. 101-128
Keyword(s):  
Marriage Market ◽  
Border Region ◽  
Social Force ◽  
Divorce Law ◽  
Republic Of China ◽  
Communist Revolution ◽  
The Right ◽  
Civil Justice System ◽  
Radical Approach ◽  
The Revolution

Abstract Based on the judicial archive of the Shaan-Gan-Ning Border Region, this article examines the Border Region’s divorce law practice in the context of the Chinese Communist Revolution. Despite the withdrawal from the Soviet’s radical approach to divorce during the Yenan period, women were encouraged by various Revolution-introduced changes to exercise the right to divorce, and their failure or success in divorce litigation was closely associated with their respective positions or statuses as defined in connection with the Revolution. On the other side, male peasants, the major social force of the Revolution, experienced a downward movement in the marriage market, and their encounter with Gongjiaren in divorce litigation revealed the gap between the ideal of marriage as anticipated by the lawmakers and the marriage market in the reality. To a large extent, this tension contributed to the development of a mediation-focused judicial system, which would deeply influence the civil justice system of the People’s Republic of China. (This article is in Chinese.) 摘要 本文利用陕甘宁边区的司法档案, 在中国共产党革命的背景下考察陕甘宁边区的离婚法实践。尽管边区的婚姻立法已从苏维埃时期完全支持离婚的激进立场撤退, 但革命带来的各种现实变化, 尤其是对个人身份的重塑, 仍然激励妇女积极地行使离婚的权利, 而她们在革命中所处的位置或身份对于她们在离婚诉讼中权利的实现有重大关联。作为革命主要社会力量的男性农民在婚姻市场上经历了下滑, 他们和公家人在离婚诉讼中的对抗清楚地显示了立法者预期的婚姻理想和现实的婚姻市场之间的紧张关系。对此法官们创造性地摸索出一套以调解为主要手段的司法技术, 对于中华人民共和国的民事法律制度有根本性的影响。

An Overview of 50 Years of the People's Republic of China: Some Progress, but Big Problems Remain

1999 ◽  
Vol 159 ◽  
pp. 569-579 ◽  
Author(s):  
Lucian W. Pye
Keyword(s):  
Social Engineering ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Communist Revolution ◽  
The Revolution

In the very first sentence of the first article in the first issue of The China Quarterly, Howard L. Boorman, seeking to summarize the first decade of the PRC, wrote: “The man who faces his typewriter to set down a thousand words of coherent comment on the Communist revolution in China confronts not only a massive experiment in social engineering but also the fact that his interpretation of that experiment will expose as much of the author as it does of the revolution.” Except that now it is a computer and not a typewriter, little is different for anyone who would try to summarize what is now 50 years of the PRC. True, enough time has gone by for us now to have not just the initial standard interpretations as to what transpired in China but revisions and then further re-revisions of the story, so that even though we cannot be so bold as to say that we now have the full truth, we probably are a bit closer.

scholarly journals The long-term impact of the Communist Revolution on social stratification in contemporary China

2019 ◽  
Vol 116 (39) ◽  
pp. 19392-19397 ◽  
Author(s):  
Yu Xie ◽  
Chunni Zhang
Keyword(s):  
Social Status ◽  
Social Stratification ◽  
Birth Cohorts ◽  
Republic Of China ◽  
The Social ◽  
Communist Revolution ◽  
Nationally Representative ◽  
Long Term Impact ◽  
The Revolution

The Chinese Communist Revolution that culminated in the 1949 founding of the People’s Republic of China fundamentally transformed class relations in China. With data from a nationally representative, longitudinal survey between 2010 and 2016, this study documents the long-term impact of the Communist Revolution on the social stratification order in today’s China, more than 6 decades after the revolution. True to its stated ideological missions, the revolution resulted in promoting the social status of children of the peasant, worker, and revolutionary cadre classes and disadvantaging those who were from privileged classes at the time of the revolution. Although there was a tendency toward “reversion” mitigating the revolution’s effects in the third generation toward the grandparents’ generation in social status, the overall impact of reversion was small. The revolution effects were most pronounced for the birth cohorts immediately following the revolution, attenuating for recently born cohorts.

Mock Research Proposal on Unregistered Syrian Climate Refugees in Jarraheih Camp of Bekaa, Lebanon

2018 ◽  
Author(s):  
Erin Silverberg
Keyword(s):  
Community Organization ◽  
Border Region ◽  
Refugee Camps ◽  
International Treaties ◽  
Structured Interviews ◽  
Local Actors ◽  
The Right ◽  
And Coping ◽  
Official Status ◽  
Climate Refugees

Climate change is one of the greatest challenges of the 21st century, displacing a global annual average of 26.4 million people due to climate-related disasters. Currently, over 1.1 million Syrian refugees have fled to Lebanon due to climate-related drought and subsequent war, with 320,000 who remain unregistered by the UNHCR. Unregistered refugees are restricted from accessing services, shelter, and financial means for survival and risk arrest, detention, and deportation by Lebanese authorities for not having proper documentation and paid residency fees. These consequences are felt the most in refugee camps along the Syrian-Lebanese border region such as Bekaa, Lebanon. Despite the presence of humanitarian aid, refugees in camps are left in legal limbo, deprived of accessing the right to have rights. Specifically, for climate refugees, international treaties or future mitigation mechanisms are lacking, exacerbating their vulnerability. Therefore, this research questions the physical and social experiences of unregistered Syrian climate refugees in the Jarrahieh camp, Bekaa, Lebanon. The intention is to determine how these refugees, without official status, are impacted and coping with current federal and international legislative measures. By working with the refugees and key local actors, this research aims to understand how solidary and community organization can be formed within the current legal system to facilitate smoother adaptation and resettlement for climate refugees. Using participatory observation, focus groups, semi-structured interviews, and archival research, the practical outcome is a solidarity group that is established, run, and evaluated by a sample of unregistered Syrian climate refugee men and women aged 18-65.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Gender, Catholicism, and Communism in 1950s Shanghai (1950年代上海的性别、天主教与共产主义)

2017 ◽  
Vol 4 (2) ◽  
pp. 193-214
Author(s):  
Paul P. Mariani
Keyword(s):  
Catholic Church ◽  
Chinese Communist Party ◽  
Religious Faith ◽  
Early Years ◽  
Chinese Government ◽  
Republic Of China ◽  
Catholic Women ◽  
Communist Revolution ◽  
And Gender ◽  
Formed Part

In the 1950s, Shanghai witnessed a conflict between the Chinese Communist Party (ccp) and the Shanghai Catholic community. The ccp wanted this community to break ties with the pope and form an “independent” Catholic Church that would fall under the authority of the Chinese government. Many Catholics in Shanghai soon resisted what they perceived to be the unjust religious policies of the ccp. One of the “backbone elements” of Catholic resistance in Shanghai was young women. This study investigates how three young Catholic women dealt with the ccp’s encroaching religious policies. All three came from similar backgrounds and they all initially formed part of the Catholic resistance to ccp religious policies during the early 1950s. Afterward their trajectories differed dramatically due to the particular way in which the Communist revolution intervened in the life of each woman. This study thus illuminates the contested area of religious faith, state power, and gender in the early years of the People’s Republic of China. 上世纪五十年代，上海见证了中共与上海天主教会之间的冲突。中共命令上海天主教会断绝与教宗的联系，成为一个听命于中国政府的“独立”教会。上海的许多天主教徒很快就起来抵制这些他们视为不公正的宗教政策。反抗运动中的许多“骨干分子”是年轻女信徒。本文探究了三位年轻的女天主教信徒如何应对当时中共侵权的宗教政策。她们有相似的生活背景，并都在50年代初期参与了抵制中共宗教政策的运动。但是因为中共革命介入她们生命的不同方式，她们之后的人生轨迹大相径庭。这项研究因此阐述了在中华人民共和国初期，宗教信仰、国家政权与性别之间充满张力的互动。

scholarly journals Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law

2021 ◽  
Vol 12 (2) ◽  
pp. 455-476
Author(s):  
Evgeniy A. Erbakhaev ◽  
◽  
Maxim V. Kratenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Residential Buildings ◽  
Third Party ◽  
Legal Regime ◽  
Republic Of China ◽  
Chinese Law ◽  
Liability Law ◽  
Special Rules ◽  
The Right ◽  
Roof Falling

The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court practice is conducted. The choice of the Chinese legal system is due to the presence of special rules in Tort Liability Law of China (2009). According to the results of the study, the authors have formulated a number of proposals, in particular: to unify the legal regime for residential and non-residential buildings for the purposes of compensation for harm caused to third parties; to differentiate the liability for harm caused by the destruction of a building (its structural components) and damage due to items falling out from the building (snow or ice falling from the roof, falling advertising designs, objects being thrown out of the building, etc.), to allow the contractual regulation of owner’s liability provided that the victim is given the right to choose the defendant (the building’s owner or the maintenance company, the contractor involved). The authors also argue in favor of a codified act as a source of tort law, which will ensure consistent regulation of the studied relations.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

scholarly journals Using Arbitration for Resolving Foreign Investment Disputes: A Comparative Study of Laws on Arbitration in Ghana and China

2016 ◽  
Vol 9 (7) ◽  
pp. 1 ◽  
Author(s):  
Shirley Ayangbah
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
International Investment ◽  
Customary International Law ◽  
Republic Of China ◽  
The Past ◽  
The Republic ◽  
The Right ◽  
Procedural Rights ◽  
Comparative Manner

<p>International Investment in recent times is seen as one of the fastest-developing areas of international law. In the past decades, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions that grant foreign investors important substantive and procedural rights, including, most importantly, the right to sue individuals, organizations and even the state hosting their investment for violations of customary international law and treaty obligations. Dispute becomes an inevitable phenomenon as individuals, organizations and countries continue to engage in foreign investment and as such there is the need for dispute solving mechanism to resolve such disputes as and when they arises. Even though there are several dispute solving mechanisms, arbitration seems to be a well-established and widely used mechanism to end dispute probably due to the efficiency and flexibility nature of it. The laws governing arbitration differ from one country to the other and it is for this reason that investors need to be abreast with the different arbitration laws  so as to enable them make inform decisions as to whether to resort to arbitration  or not. This paper analyses the arbitration laws of The Republic of Ghana and Peoples Republic of China in a comparative manner by drawing on the similarities and difference with respect to arbitration laws and procedure in these two countries. The paper is divided into three parts. The first part of this paper gives a brief background as well as the characteristics of the concept of arbitration. The second part looks as the similarities and difference of arbitration between the selected countries, and the final part looks at the arbitration phase and post arbitration phase of the two countries.</p>

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