Civilian Tradition and the Chinese Company Law

What is the role of company’s legislation in the Chinese transition? In the first paragraphs of the paper it will show the emergence, in a historical perspective, of some enterprise-related legal structures. These structures will be described by emphasizing model-function relations, and connecting them to the features of ‘different societies’ in which they developed. We will consider then, the role of status. The law, a legal structure as well, is used by China to manage its gradual and controlled, yet rapid, transition. By these means, it has been possible, for instance, to move status based distinctions among enterprises inside, at least formally, ‘equality’ based legal structures.     

Chinese Property Law (Rights in rem) in the Civilian Tradition

The legal transitions of private ownership from being admitted limitedly to being protected equally with public ownership, and of the peasants’ right on rural lands from a contractual right to the right in rem, are almost the same process of social reform. And in the interaction of social development and legislation, the law has taken on an increasing role in social transition.

Beyond Heroes and Victims: Filipina Contract Migrants,Economic Activism and Class Transformations

This article employs anti-essentialist Marxist analysis to shed light on the diverse economic activities that Filipina contract migrants are engaged in at home and overseas. We point to the limitations of dominant representations of these women as 'heroes' of national development or 'victims' of a global capitalist economy, which tend to foreclose a discussion of multiple class processes engendered by transnational labour migration. In drawing on a fluid theory of class, we investigate how contract domestic workers are involved in multiple class processes that allow them to produce, appropriate and distribute surplus labour in innovative ways. We also discuss the activities of the Asian Migrant Centre, a non-governmental organization working with domestic workers in Hong Kong, whose efforts to inspire the entrepreneurial aspirations of these women reflect the importance of recognizing migrant workers' multiple economic identities. This analysis has implications for how we imagine the agency of contract workers, as well as the performativity of research and advocacy work.     

Judicial Conceptions of Tradition in Canadian Aboriginal Rights Law

The concept of tradition has, historically, played a significant role in the anthropological understanding of indigenous peoples. Since the 1970s, it has also played a fundamental role in the judicial determination of aboriginal rights claims in Canada and other Anglophonic common law countries, such as Australia and the United States. In order for indigenous practices to be recognised and protected by these legal systems, those practices must be proved to be traditional. This paper offers a lawyer's analysis of the ways in which Canadian judges have interpreted and used the concept of tradition in aboriginal rights claims. It is hoped that this analysis will provide anthropologists with a greater insight into the thought and practice of an institution with which they are increasingly in contact, and stimulate them to engage critically with that institution in relation to the interpretation and use of such concepts as tradition.     

Law in Social Work Education: Reviewing the Evidence on Teaching,Learning and Assessment

This paper presents the findings from a systemic review of knowledge relating to current practice in the teaching, learning and assessment of law in social work education. The research comprised an internationally conducted systematic review of the literature, together with a survey of current education practice in the four countries of the UK. Two consultation events sought the views of a range of stakeholders, including the perspectives of service users and carers. Set in the context of debates about the relationship between law and social work practice, this paper identifies the common themes emerging from the review and offers an analysis of key findings, together with priorities for future directions in education practice.     

论“埃及投资法”对埃经济发展的影响

1997年,埃及政府颁布了具有历史意义的第8号法令——《投资保障与鼓励法》,并进行了三次修订,努力使之成为阿拉伯地区吸引和利用外资的立法楷模。十年来,该法对埃经济发展产生了重要影响,且给埃及经济注入了巨大的发展活力,使埃经济逐渐摆脱困境,走上开放性多元化的发展道路。     

论"埃及投资法"对埃经济发展的影响

1997年,埃及政府颁布了具有历史意义的第8号法令--《投资保障与鼓励法》,并进行了三次修订,努力使之成为阿拉伯地区吸引和利用外资的立法楷模.十年来,该法对埃经济发展产生了重要影响,且给埃及经济注入了巨大的发展活力,使埃经济逐渐摆脱困境,走上开放性多元化的发展道路.     

Assessing Tradition in Chinese Elders Living in a Changing Social Environment

SUMMARY

Social workers are increasingly challenged to provide culturally sensitive services to older immigrants from diverse backgrounds. Assessment tools developed in the elder's own cultural context can maximize appropriate assessment and planning. This article describes the development of a tool for measuring adherence to tradition in Chinese elders. In Chinese tradition, an elder's purpose, meaning, and self-worth are derived, in large part, from their contribution to family, relatives, and the community. Existing measures of filial piety and acculturation do not capture this dimension. Filial piety involves being on the receiving end of care, honor, and obedience from younger generations. Acculturation is the opposite of adherence to tradition. One thousand five-hundred and two Chinese elders in China were asked questions on mutual aid and intergenerational exchange. Factor analysis extracted nine items loading into two factors reflective of traditional exchange. This measure could prove useful in understanding the effect of traditional beliefs upon various psychosocial outcomes.     

Tutor and Student Experiences of Teaching and Learning Law in UK Social Work Education

In a project researching the outcomes of teaching law in social work education, students and tutors were asked to reflect on their experiences of both the academic curriculum and how learning was translated into practice. Curriculum documents in the eight participating universities were also analysed.

At times distinctive orientations emerged from approaches to teaching and practising social work law articulated by tutors and students, and captured in course documentation. On what contributed to effective teaching outcomes, both students and tutors emphasised the application of law learning to practice and the importance of considering learning styles. For students, law learning remains a complex challenge but with a clear interface with social work values. Teaching can help to reduce anxiety about practising social work law but familiar barriers to learning and its application in practice also surfaced. In addition to the time allocated to law learning, development of legal knowledge and skills was greatly affected by the priority given to this aspect of practice during placements.

The openness of practice assessors and managers towards the legal rules and students who use their legal and ethical literacy to advocate for particular outcomes for service users was a crucial factor positively affecting the student experience.     

未成年人犯罪案件刑事附带民事诉讼若干问题探析——以我国新《刑事诉讼法》的相关规定为中心

2012年修改的我国《刑事诉讼法》实施后,未成年人犯罪案件刑事附带民事诉讼中可能存在“合适成年人”无法作为民事诉讼法定代理人以维护有关未成年人民事权益、适用“当事人和解的公诉案件诉讼程序”时将被告人赔偿与否作为量刑情节而造成对被告人不公、适用“简易程序”时法官施压调解而干预阻碍被告人行使民事诉讼权利、审判人员能否兼备审理刑事案件与民事案件的专业素养等问题。为了在发挥刑事附带民事诉讼制度优点的同时一定程度上控制其缺陷所造成的不利影响,司法解释应规定在未成年人犯罪案件中,刑事附带民事诉讼制度不适用于刑事附带民事诉讼的民事部分标的金额较大的情形、被告人可能被判处较重刑罚的情形、刑事附带民事诉讼的刑事部分与民事部分审级不一致的情形、案件审理时间较长的情形。     

Outcomes of Law Teaching in Social Work Education: Further Findings from a Cohort Study

This paper reports further findings from research on the outcomes of teaching law to social work students on UK programmes. This paper compares the results for students on undergraduate and postgraduate routes to an initial social work qualification. It also analyses the similarities and differences in outcomes between the seven universities that participated in the study. Statistical analysis of students' self-audits of their legal knowledge, skills for practising social work law, and their perceptions of the relationship between law and practice, is explored further by drawing on observations from students in focus groups and interviews with their tutors. The differences which emerge between undergraduate and postgraduate students highlight the importance of practice learning opportunities in reinforcing acquired legal knowledge and in developing skills for applying that knowledge in practice. Law teaching can clearly be seen to impact on confidence levels but to be constrained by lack of time and sustained focus throughout the overall curriculum. The similarities of outcome between different universities suggest the impact of particular orientations towards, and an acknowledged core curriculum for, teaching law within the academic curriculum.     

Economic Security for the Elderly in India

Summary

The basic concept of social security is not new in India. Traditionally, a sort of moral economy existed to provide security to older destitute and other vulnerable groups in society. However, gradually, traditional support systems are disappearing, and state-based social security systems have come into existence. Under standardized economic security policies, government is covering retirement benefits for those in the organized sector; economic security benefits for those in the unorganized sector; and old-age pension for rural elderly. These are contributory as well as non-contributory programs. Besides life insurance approaches, savings-linked insurance and Annapurna (food security) are other important programs. However, in terms of coverage, program quality and effectiveness have been largely criticized by social security experts, suggesting immediate reforms to old-age programs.     

Community and social capital in Slovenia—the impact of transition

The transition from socialism to capitalism has many impacts on the everyday life of the people of Slovenia. Amongst others it has an impact on their community ties and their choices regarding participation in public life. Community can enable or diminish the basic processes, such as solidarity, equal choices and opportunities, and respect for the differences that are needed for an inclusive society. This article researches such processes through the concept of social capital and provides some responses necessary for the political and professional planning of social policy and the practice of social services.     

中国传统家训的特点及其对当代教育的启示

中国的传统家庭教育是中华文化与文明的重要组成部分。传统的家训基本可以分为帝王家训、名人家训和女性家训三种。尽管在不同的历史时期各类家训的内容有一些区别和不同的侧重,但是总的目的都是为了引导子女能够学会做人做事,并强调首先要具备“德”和“序”。     

Economic Integration and Intra-industry Trade Between the European Community and the Western Balkan Countries

The aim of this paper is to examine the relation between trade liberalisation, economic integration and the intensity of intra-industry trade among three countries of different development levels in a Free trade Area context. The theoretical analysis indicates that the benefits of creating a Free Trade Area between the Western Balkan countries and the European Community (EC), following the predictions of the Association and Stabilisation Agreements will be unevenly spread between member-states of the EC and the Western Balkan countries. The second part of this paper examines the actual level of intra-industry trade between the Western Balkan countries and the EC. The level and the trend of intra-industry trade between the two Eastern Balkan countries, Romania and Bulgaria, member-states of the EC since 2007 and which reflect the provisions of Europe Agreements are also investigated.      

Preventing Economic Hardship Among Chinese Elderly in Hong Kong

Abstract

Over the next 20 years, Hong Kong will face a rapidly aging population as the number of older adults aged 65 or above increases to approximately 1.4 million by 2021, that is, 17% of the total population. In 2001, there were 1.2 million adults aged 45-59. To assess the differences between these middle-aged adults and the current cohort of older adults, we identified the challenges that Hong Kong society will face in meeting the financial needs of older adults in the coming two decades. In this paper, we examine the retirement economic status of three groups of older adults: those who are financially independent, those who are financially supported by their adult children or children-in-law, and those who are receiving welfare assistance. We describe the current situations of these groups, prevailing social policy, future trends, and recommend policies for tackling problem areas.     

在国家与市场之间寻找中国社会政策改革的逻辑——“社会发展与社会政策:国际经验与中国改革”国际学术研讨会评述

综观东亚新兴经济体和欧美发达国家在社会政策领域的路径变迁,可以得出"两个转型"的基本结论,即东亚新兴经济体从单一追求经济增长逐渐向追求经济与社会平衡发展转型;欧美发达国家从倚重国家福利向倚重社会投资与国家福利平衡发展转型。这两个处于不同社会发展阶段的转型,对中国当前的社会发展和社会政策改革都有着非常重要的启示意义。中国作为具有后发优势的全球最有活力的新兴经济体,当前既需要解决经济增长与社会发展之间的失衡问题,也需要未雨绸缪,避免陷入欧美国家福利陷阱而背上沉重的财政包袱。因此,在国家与市场之间找到一条最具效率性和合理性的社会发展路径,才是符合当前中国社会政策改革的逻辑。     

试析近代伊斯兰法发展的特点

20世纪世界变革的冲击波，已使堡垒最为坚固的伊斯兰法迈向了自身改革的道路，西方化、现代化、世俗化与复兴伊斯兰法的趋向构成当代伊斯兰法发展的主要特点。在改革中，大多数伊斯兰国家选择一条中间道路，使现实的伊斯兰法既不与西方世俗法体系完全挂钩，也不与旧的宗教法制度彻底决裂，而是在跟随物质文明与维护信仰不变方面达成了妥协和统一。     

约旦社会保障制度改革及其启示

和世界上大多数国家一样,约旦也面临着越来越严重的人口老龄化问题。为此,约旦政府在社会保障领域实施了三项重要的改革措施。一是参数式改革,即不改变现有制度的性质,只是调整具体的参数;二是整合碎片化制度改革,把公务员和军事人员纳入全国统一的社保制度中来;三是未雨绸缪,积极开展公共预筹积累制改革,融资模式由现收现付制逐步过渡到部分积累制,不断完善投资管理体制。这三项改革不仅符合世界银行提倡的改革模式,而且这三项改革措施之间的相互配合与协调,有力地推动了约旦社保制度的改革和发展,具有极强的借鉴意义。