The Functions of Judicial Precedent in Traditional Chinese Law

Traditional Chinese law refers to law in China before the end of the Qing Dynasty. With the publication of written laws during the Spring and Autumn Period (770-476 BC) and the Warring States Period (475-211 BC), the Chinese legal system gradually accom- modated many forms of law with statutory law as the main part. The functions of case-law in traditional Chinese law were manifested in the following three aspects:     

The Employment of Chinese Women

Theemploymentofwomeninthisarticlereferstowomen'spaidlaborapartfromhouseholdchores.Ⅰ.TheNumberofFemaleEmployeesandtheProportionofWomeninChina'sTotalWorkForceThenumberofChinesewomeninemploymenthasbeenincreasingsincetheinitiainnofreformandopeningtotheoutsideworld.Accordingtothepopulationcensusesof1982and1990,ofthetotalemployedpopulationof521,505,618in1982,227,844,338or43.69%werewomen.In1990,thetotalnumberofemployeesincreasedto647,244,706,44.69%or291,014,415ofthesewerewomen.Therateofincrease…     

How fair are unemployment benefits? The experience of East Asia

Despite an increasing emphasis on active labour market measures, unemployment benefits still remain a focal point of employment protection. This article takes the cases of four East Asian economies – China, Japan, Republic of Korea, Taiwan (China) –, which are often characterized as having welfare states with a strong developmental and productivist orientation, to investigate whether, as is sometimes argued, unemployment benefits are restrictive and exclusionary. In doing so, it examines the logic behind the design of unemployment benefits and argues that they are in fact progressive in design and fair when they pay out. Nonetheless, low effective coverage and low benefit rates weaken their redistribution and compensation objectives.     

What influences BSW students’ attitudes towards cross-border marriage immigrants? The Taiwanese case of female marriage immigrants from China

Unlike existing supply-side employment of persons with disability (PWD) research in Korea, this study focused on demand-side issues. In this study, a qualitative research method was used to explore the perspectives of 20 human resource directors regarding employment of PWD in Korea. Based on the results of this study, the author recommends improving the job skills of people with disabilities, decreasing employer fears about industrial injuries among people with disabilities, reducing tax and social insurance costs for companies employing people with disabilities, setting up workplace accommodations, differentiating employment quota rate of PWD by occupational categories, offering information to companies about people with disabilities who are seeking a job, and stricter implementation of the quota system.     

Morality or equality? Ideological framing in news coverage of gay marriage legitimization

This content analytic study investigated the approaches of two mainstream newspapers—The New York Times and the Chicago Tribune—to cover the gay marriage issue. The study used the Massachusetts legitimization of gay marriage as a dividing point to look at what kinds of specific political or social topics related to gay marriage were highlighted in the news media. The study examined how news sources were framed in the coverage of gay marriage, based upon the newspapers’ perspectives and ideologies. The results indicated that The New York Times was inclined to emphasize the topic of human equality related to the legitimization of gay marriage. After the legitimization, The New York Times became an activist for gay marriage. Alternatively, the Chicago Tribune highlighted the importance of human morality associated with the gay marriage debate. The perspective of the Chicago Tribune was not dramatically influenced by the legitimization. It reported on gay marriage in terms of defending American traditions and family values both before and after the gay marriage legitimization.     

The World Implications of the ＂Chinese Road＂ in the Context of Globalization

中国建国60年来和改革开放30年来所取得的巨大成就,使世界热衷于讨论是否存在某种“中国模式”或“北京共识”。“模式”包含着两层含义,一是发展道路的独特性,二是发展道路的可输出性和可效仿性。从前一层含义上来看,中国的发展的确创造出了一个独特的中国模式。中国发展道路是在中国人追求民族独立和现代化的历史背景下,在最终选择了马克思主义的条件下而实现的,其本质就是选择走社会主义道路而拒绝资本的扩张和奴役。全球化伴随着全球资本力量的无限膨胀,世界政治、经济都沦于世界资本主义的奴役之下,中国的发展道路正是在这个背景下显示出其独特性。同时,中国也不会向外输出自己的发展模式,通过对和谐、平等和多样性的追求,中国道路的成功将改变现有国际规则和全球发展观念。中国道路在全球化时代中具有世界性的意义。     

The Universal Decline of Universality? Social Policy Change in Canada,Denmark, Sweden and the UK

The debate about the future of universal social programmes has been raging for years, both in social‐democratic and in liberal welfare states. The objective of this article is to contribute to the literature on universality by analyzing the evolution of universal social programmes in two social‐democratic and two liberal countries: Denmark, Sweden, Canada and the UK. This choice of countries provides the opportunity to investigate whether the principle and practice of universality has fared differently both within and between countries. The analysis focuses primarily on the national level while exploring three policy areas: pensions, healthcare and family policy, specifically child benefits and day care. The main conclusion of our comparative analysis is clear: among our two liberal and two social‐democratic countries, the institutional strength of universality varies greatly from one policy area and one country to another. Considering this, there is no such a thing as a universal decline of universality.     

The Past and Future of Chinese Philosophy

IFortwothousandyearsfromtheQinandHandynasties,feudalsocietywasprofoundlyinfluencedbyConfucianismandDaoism.TheConfucianistschoolwasrepresentedbyConfuciusandMencius,whiletheDaoistschoolwasrepresentedbyLaoziandZhuangzi.ThesefourancientphilosophershavehadthemostlastinginfluenceonChinesephiIosophy.However,therewerenohardandfastboundariesbetweenthetwoschools-eachtimetheyadaptedtomeettheneedsofthetimessomeoftheoldconceptswereabandonedandnewonesadded.ItisoftensaidthatConfucianconcepts(orthoseofL…     

The Historical Evolution of Chinese Buddhist Philosophy

ThehistoricalevolutionofChineseBuddhistphilosophicalthoughtwasauniqueaspectofChineseintellectualthoughtinthePeriodfollowingtheEasternHandynasty(AD25-220).Thisarticlesetsouttoprovideanaccountoftheprocessofitsevolution,aswellasPointsatissue,keyproblems,andd…     

The Healthcare Systems of the USA and Canada: Forever on Divergent Paths?

Over all OECD healthcare systems, we identify increasing similarities and common trends, especially with regard to the role of the state. Yet two countries, the USA and Canada, have 'parted at the crossroads' since the 1960s and therefore are quite frequently cited as examples for the opposite trend, i.e. for divergence. According to our position, it is far from evident that this trend has still been dominant in the past 15 years. In our contribution, we show that the USA and Canada have become more similar regarding the role of the state in financing, service provision and the regulation of healthcare systems. Furthermore, the article investigates potential explanations. We find that a most influential explanatory factor is the healthcare system itself, its deficiencies and functional requirements as reflected in the specific system type. As the system types of the USA and Canada vary, so too do their adaptive responses to problem pressure. By systematically acquiring non-system-specific elements, i.e. characteristics which were originally less developed or completely absent, the systems grow more similar and therefore converge.     

The Chinese Community in Hong Kongin the Latter Half of the Nineteenth Century

Before1841,theislandofHongKongwassparselyPopulatedandtherewerenowell-definedcommunalorganizationsapartfromanassociationcalledtheShan'anGongsuoatStanleywhichtookchargeoflocalpublicaffairs.AftertheopiumWar(l84O-42),theChinesewhowenttoHongKongfromthemainland…     

The Theoretical Cornerstone of Socialism with Chinese Characteristics

本文从哲学的角度阐述了邓小平关于社会主义的一些重要思想贡献。如:他从价值与真理统一的新高度来规定社会主义的本质,从而恢复了科学社会主义的正确导向;以“什么是社会主义”与“如何建设社会主义”相统一的方式来把握社会主义的现实形态,从而回答了社会主义的历史道路问题;通过对中国社会主义“初级阶段”和社会评价标准体系的定位,为确立当前的发展战略和目标奠定了基础;等等。这些都具有深刻的理论启迪和巨大的思想解放力量。     

Where Do the Problems Lie in the Reform of Chinese Institutions?

Since the mid-1980s,China has takenbroad measures in the reform of itsinstitutions.Though such reform efforts haveseen substantial achievements,some dys-functional incentives have been introducedin the provision of services.Improving theprovision of services calls for a profoundand long-term reform that will deal with pay-ments and incentives in a coordinated way.The payment mechanismChina faces two challenges in paymentfor services.The first is to readjust the divi-sion of payment responsibi…     

The Structure of Employment and Internal Relations between Employees in Chinese Enterprises in a Developing Market Economy

Atpresent,thereareapproximately160millionpeopleemployedinenterprisesandinstitutionsinurbanareasofChina,and100millionemployedinruralareas,accountingformorethan40%ofthenation'stotallaborforce.Morethan80%areemployedinenterprises.SinceChinaadopteditspolicyofreformandopeningtotheoutsideworld,therehavebeengreatchangesinemployeerelationsandthestructureofemployment.Thefollowingaretheresultsofastudyofmorethan10,000workersemployedin100enterprisesthroughoutthecountry,undertakenbytheChineseWorkers'Movem…     

The Influence of Globalization on the Occupational Health of Chinese Women

Under the influence of globalization, economic liberalization and integration have rendered the labor market more flexible and short-term, with more people holding more than one job. Women hold a major part of these informal jobs, which are generally not protected by standard labor legislation. Changes in the nature of employment reduce the application of this legislation. Since the government does not put into effect relevant rules and regulations or enterprises manage to overstep or bypass them, the trade union movement that serves women workers in their call for equality is also weakened. Globalization has led to the mobility of labor. A     

The Last Successful Scholars in the Palace Examinations in the His-tory of the Chinese Imperial Ex-amination System

Having lasted continuously for some 1,300 years, the imperial examination system(or the keju system) officially came to anend for good in September 1905. In the three-year cycle of the imperial examinations, theyear of 1905 saw neither the xiangshi (theprovincial examination) nor the huishi (themetropolitan examination held in the impe-rial capital) being held as usual. Hence themetropolitan examination specially grantedby the imperial court in the year of Jiacheng,the 30th year of the reign o…     

Is religious and existential well-being important in quality of life in Hong Kong Chinese?

The present study aims to determine the extent to which general QoL is predicted by religious and existential well-being, taking into consideration the intensity of participants’ religious and personal beliefs. Additionally, we examine the differences between Christians, believers in the Chinese religions, and those who are not religious. The study is based on the secondary analysis of a cross-sectional survey on the Spiritual Well-being scale (SWBS), which encompasses religious (RWB) and existential well-being (EWB). Participants (N = 445) were comprised of three religious subsamples for known group comparisons: a Chinese religions group (CRG) (n = 133), comprising Buddhism (23.1%), Taoism (5.2%), folk religions and ancestral worship (1.5%); a Christian group (n = 144) consisting of Roman Catholics (8.3%) and Protestants (24%); and non-believers (NRel) (n = 167). Regardless of their religious affiliations, QoL scores were the same in the overall sample. However, when taking the extent of religious commitment and sense of belonging into consideration, religious believers had higher scores in QoL and SWBS than non-believers (highest in Christians, followed by CRG and NRel). Hierarchical regressions showed that EWB was the only significant predictor of QoL after controlling for gender, age, and the extent of religious belief and commitment. The data indicated positive influences of religious beliefs on QoL and SWBS, although distinct affiliations might have affected these scores to a different extent. Fostering RWB and EWB are vital to promoting QoL.     

The Management of Chinese State-Owned Enterprises Requires Profound Reform

Ⅰ.AdvancedEnterprisesRunningataLossWhileinvestigatingthelossesincurredbystatexiwnedenterprises,thisauthorfoundthatasalientcharacteristicwasthenumberof"advancedenterprises,"whichinthepasthadmadelargeprofitsandpaidhightaxestothegovernment,thathadsurprisinglybecomemajormoneylosers.Ofcourse,thelossesincurredbystate-ownedenterprisesaretheresultofanumberoffactors,includingnon-systemfactorssuchasthedeclineandexcessivelylargescaleoftraditionalindustries,aswellassystem-relatedfactors,i.e.,thesluggish…