...Law 中国政法大学 An Overview of Chinese Legal System Introduction The purpose of this paper is to make an analysis about how the concepts of Fa and Li interacted between each other along the Chinese legal history, starting with a brief summary of the dynastic eras, and focusing in what we could call modern legal history, what I consider starts on the late Qing Dynasty. The analysis ends with the admission of China to the WTO, because I think that is a topic that deserves a whole new article for itself, and due to time limitations cannot be developed properly. The reason why I have chosen this theme is because I firmly believe that to be able to understand nowadays legal debates and legislation is necessary to have an idea about the broad historical and ideological Chinese framework. Along the more than 5.000 years of history, China has reinvented itself several times, learning from the hits and misses, unsurprisingly legal principles and legislation has followed the same stream. This papers starts with the genesis of the Li and Fa concepts, relating it with the Confucianism and legalism philosophies. Then, the each section illustrates an important period in Chinese history, emphasizing the situation of the law. Those sections comprehends, the late Qing dynasty, the republican era, the changes during the communist era, the application of the cultural revolution and the effects of Deng Xiaoping open policy. The origins of the Li and the Fa If we are talking about...
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...The Maritime Strategy of China in the Asia-Pacific Region Origins, Development and Impact HUANG, AN-HAO Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy August 2009 School of Social and Political Sciences Faculty of Arts The University of Melbourne Produced on archival quality paper ABSTRACT This thesis aims to examine how and why a continental-oriented China has shifted its maritime strategic orientation and naval force structure from its coast toward the far seas in an era of interdependent international system. Generally, China is an ancient continental land power with an incomplete oceanic awareness. With the transformation after the Cold War of China’s grand strategy from landward security to seaward security, maritime security interests have gradually become the most essential part of China’s strategic rationale. Undoubtedly, the quest for sea power and sea rights has become Beijing’s main maritime strategic issue. Given China’s escalating maritime politico-economic-military leverage in the Asia-Pacific region, its desire to become a leading sea power embodying global strategic thinking means that it must expand its maritime strategy by developing its navy and preparing for armed confrontation in terms of international relations realism. Conversely, Beijing’s maritime policy leads at the same time towards globalization, which involves multilateralism and strategic coexistence of a more pragmatic kind. This research...
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...IDSA Monograph Series No. 23 September 2013 India's Internal Security Situation Present Realities and Future Pathways Namrata Goswami INDIA'S INTERNAL SECURITY SITUATION | 1 IDSA Monograph Series No. 23 September 2013 India's Internal Security Situation: Present Realities and Future Pathways Namrata Goswami 2 | IDSA MONOGRAPH SERIES Cover Illustration : The Cover depicts Kohima-Dimapur Road. Cover Photograph courtesy : Namrata Goswami © Institute for Defence Studies and Analyses, New Delhi. All rights reserved. No part of this publication may be reproduced, sorted in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photo-copying, recording or otherwise, without the prior permission of the Institute for Defence Studies and Analyses (IDSA). ISBN: 978-93-82169-23-9 Disclaimer: It is certified that views expressed and suggestions made in this Monograph have been made by the author in her personal capacity and do not have any official endorsement. First Published: Price: Published by: September 2013 Rs. 285/Institute for Defence Studies and Analyses No.1, Development Enclave, Rao Tula Ram Marg, Delhi Cantt., New Delhi - 110 010 Tel. (91-11) 2671-7983 Fax.(91-11) 2615 4191 E-mail: contactus@.idsa.in Website: http://www.idsa.in Cover & Layout by: Printed at: Geeta Kumari M/S A. M. Offsetters A-57, Sector-10, Noida-201 301 (U.P.) Mob: 09810888667 E-mail: amoffsetters@gmail.com INDIA'S INTERNAL SECURITY SITUATION...
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...“If you know the enemy and know yourself, you need not to fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also duffer a defeat...” (Giles, 1910) Ancient Chinese military general, Sun Tzu made this well-known statement. In relation to foreign policy analysis, it is important to consider about the best of one’s strengths and weaknesses. After all, we’re humans and it is in our nature and interest to want the best for ourselves. Humans are greedy and self absorbed. National leaders want to try to maximise national welfare or develop eventual benefits in a system where there are a growing number of states that want to increase control on an international scale, as well as to uphold their own interests. So that when it comes to decision-making, lawmakers are able to take advantage of this knowledge in order to make more effective policy decisions. The aim of the text is to establish the idea that decision making made by national bureaucracies, leaders and individual members of the government body has the capability to influence and impact decision making upon other international decision making systems. Sometimes, decisions are made for the best although it does cause misunderstandings and inconveniences. It is important to understand and accept the cultural and historical reasons of another state as to why they decide to make particular decisions. These decisions can draw meanings and can be used to make sense of other...
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...SAARC Ministerial Declaration on Cooperation in Combating Terrorism ***** We, the Foreign Ministers of Member States of SAARC, are deeply concerned about the continuing scourge of terrorism afflicting the region which has caused extensive social disharmony, loss of human life, destruction and damage to property. Terrorism poses a serious threat to peace and cooperation, and friendly and good neighbourly relations. It jeopardises the sovereignty and the territorial integrity of States, while constituting a serious violation of fundamental human rights. We renew our commitment to strengthening comprehensive region-wide cooperation among SAARC Member States to combat and eliminate all forms and manifestations of terrorism and in this context affirm the need to reinforce further the regional legal regime and instituting pragmatic cooperation to address this issue effectively. We also recognise that our cooperation shall proceed on the basis of sovereign equality, mutual respect and the principles of non-intervention and non-interference in the internal affairs of Member States consistent with the SAARC Charter. As we meet in Colombo, at the Thirty-first Session of the Council of Ministers, we solemnly declare and agree to undertake the following measures of cooperation: 1. We reiterate our commitment to implement measures against organising, instigating, facilitating, financing, fund raising, encouraging, tolerating and providing training for or otherwise...
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...New Social Movements In Nepal Introduction Nepal has undergone three major movements during and after the end of the hundred years of Rana Oligarchy in 1950, 1990 and 2006. These movements did not only change the political power, but also substantively affected the structure of the prevalent Nepalese society. Hereupon, ethnic, Dalit, women and Madesh movement with the demand of identity and inclusion have been reaching their peak in these recent years. We can analyze all these movements of Nepal under the important and essential theory of New Social Movement. The Communist Party of Nepal (Maoist) fought twelve years People's war under the doctrine developed by Mao Tse-tung of China, but raised many issues highly influenced by the New Social Movement such as ethnic, gender, Dalit and Madesh related to the identity and human rights, not based on socialism or communism. The article 'New Social Movements: of the Early Nineteenth Century' written by Craig Calhoun is important to make our perception on the various social movements of Nepal. It is new concept in the sociological theory which was developed after only 1968, different than old social movements like the Marxism, socialism and labour movement of the past. Most of the contemporary social movements are emerged outside the mainstream political system, political parties and formal institutional life and inspired by the non-hierarchical, participatory form of democracy, human rights, social justice, environmental preservation...
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...of Nottingham, UK It is obviously necessary to begin with Karl Marx. According to Vorlander, ‘The ¨ moment anyone started to talk to Marx about morality, he would roar with laughter’ (Vorlander, 1904, p. 22; Lukes, 1985, p. 26). Yet the normative element is central to ¨ Marx’s thinking and the resolution of the paradox is to be found, according to Lukes, in the distinction between a bourgeois morality of law and a revolutionary morality of class emancipation. Marx is interested fundamentally in the moral education of the proletariat through the liberating process that accompanies revolution. It has been argued that in order to explain the motives of the socialist revolutionary, Marx needs such a theory of moral education that is, at the same time, his normative objective. In particular, it is said, ‘he needs an account of how vast numbers of working people acquire a commitment to make a revolution in their common interest’ (Miller, 1998, p. 377). Moreover, this must be powerful enough to break the economic, social and ideological grip of the capitalist system that he has analysed and exposed in such detail. The mode of production is the economic key, as it was for the emergence of capitalism. However, the development of capitalism itself creates a fresh social and psychological context, providing the proletariat with the opportunity to recognize their common circumstance as an incentive to further self-transforming struggles. In The Communist manifesto, Marx argues that historically...
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...GetPedia.com History of China: Table of Contents q q Historical Setting The Ancient Dynasties r r r Dawn of History Zhou Period Hundred Schools of Thought q The Imperial Era r r r r r r First Imperial Period Era of Disunity Restoration of Empire Mongolian Interlude Chinese Regain Power Rise of the Manchus q Emergence Of Modern China r r r r r r Western Powers Arrive First Modern Period Opium War, 1839-42 Era of Disunity Taiping Rebellion, 1851-64 Self-Strengthening Movement Hundred Days' Reform and Aftermath Republican Revolution of 1911 q Republican China r r r Nationalism and Communism s Opposing the Warlords s Consolidation under the Guomindang s Rise of the Communists Anti-Japanese War Return to Civil War q People's Republic Of China r r Transition to Socialism, 1953-57 Great Leap Forward, 1958-60 r r r r r Readjustment and Recovery, 1961-65 Cultural Revolution Decade, 1966-76 s Militant Phase, 1966-68 s Ninth National Party Congress to the Demise of Lin Biao, 1969-71 s End of the Era of Mao Zedong, 1972-76 Post-Mao Period, 1976-78 China and the Four Modernizations, 1979-82 Reforms, 1980-88 q References for History of China [ History of China ] [ Timeline ] Historical Setting The History Of China, as documented in ancient writings, dates back some 3,300 years. Modern archaeological studies provide evidence of still more ancient origins in a culture that flourished between 2500 and 2000 B.C. in what...
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...read the assigned questions below. Then read through the four short interpretive texts. Next, take some time to write a brief paper in which you answer the questions posed at the beginning. Were you able to easily summarize using your own words? Were you able to write without having the original source open in front of you? Did you include proper in-text citations? Assigned Questions 1. In no more than four paragraphs, summarize the story of the three pigs. (Refer to either the Higley or Ashliman version for direct quotes.) 2. Compare and contrast these four interpretations of the story, using direct quotes and paraphrases as appropriate. Try not to be judgmental; use the author's evidence for support. 3. Offer a brief critical analysis of the interpretations. What were the strengths and weaknesses, if any, of each? Three Little Pigs: Four Interpretations Gomez (1999) Literature is rife with pigs as symbols, from the Three Little Pigs to Porky, from the pigs in Orwell's Animal Farm to Hollywood’s recent creation, Babe. These characters have ranged from the crafty to the naive, from the big-hearted to the stupid who noisily eat garbage and roll about happily in mud. Wolves have fared poorly; with the exception of the 1983 movie Never Cry Wolf,...
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... read the assigned questions below. Then read the four short interpretive texts. Next, take some time to write a brief paper in which you answer the questions posed at the beginning. Were you able to summarize easily using your own words? Were you able to write without having the original source open in front of you? Did you include proper in-text citations? Assigned Questions 1. In no more than four paragraphs, summarize the story of the three pigs. (Refer to any of the four interpretations for direct quotes.) 2. Compare and contrast these four interpretations of the story, using direct quotes and paraphrases as appropriate. Try not to be judgmental; use the author's evidence for support. 3. Offer a brief critical analysis of the interpretations. What were the strengths and weaknesses, if any, of each? Three Little Pigs: Four Interpretations Gomez (1999) Literature is rife with pigs as symbols, from the Three Little Pigs to Porky, from the pigs in Orwell's Animal Farm to Hollywood’s recent creation, Babe. These characters have ranged from the crafty to the naive, from the big-hearted to the stupid who noisily eat garbage and roll about happily in mud. Wolves have fared poorly; with the exception of the 1983 movie Never Cry Wolf, the...
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...Negotiation: the Chinese style Tony Fang School of Business, Stockholm University, Stockholm, Sweden Abstract Purpose – To examine the nature of Chinese business negotiating style in Sino-Western business negotiations in business-to-business markets involving large industrial projects from a social cultural point of view. Design/methodology/approach – A conceptual approach developed from personal interviews. Findings – This study reveals that the Chinese negotiator does not possess an absolute negotiating style but rather embraces a mixture of different roles together: “Maoist bureaucrat in learning”, “Confucian gentleman”, and “Sun Tzu-like strategist”. The Chinese negotiating strategy is essentially a combination of cooperation and competition (termed as the “coop-comp” negotiation strategy in this study). Trust is the ultimate indicator of Chinese negotiating propensities and role choices. Research limitations/implications – The focus of this study is on Chinese negotiating style shown in large B2B negotiations with Chinese SOEs. Originality/value – Differing from most other studies on Chinese negotiating style which tend to depict the Chinese negotiator as either sincere or deceptive, this study points out that there exists an intrinsic paradox in Chinese negotiating style which reflects the Yin Yang thinking. The Chinese negotiator has a cultural capacity to negotiate both sincerely and deceptively and he/she changes coping strategies according to situation and context...
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...Doing Business in the 21st Century with the New Generation of Chinese Managers: A Study of Generational Shifts in Work Values in China Author(s): David A. Ralston, Carolyn P. Egri, Sally Stewart, Robert H. Terpstra and Yu Kaicheng Reviewed work(s): Source: Journal of International Business Studies, Vol. 30, No. 2 (2nd Qtr., 1999), pp. 415-427 Published by: Palgrave Macmillan Journals Stable URL: http://www.jstor.org/stable/155320 . Accessed: 30/01/2013 16:57 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Palgrave Macmillan Journals is collaborating with JSTOR to digitize, preserve and extend access to Journal of International Business Studies. http://www.jstor.org This content downloaded on Wed, 30 Jan 2013 16:57:29 PM All use subject to JSTOR Terms and Conditions Doing the A New Business Generation in the of 21st Century with Chinese Shifts Managers: in Study of Generational Work China Values in DavidA. Ralston* UNIVERSITY OF OKLAHOMA P. Carolyn Egri** SIMON...
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...Role of Al Jazeera in the Arab Spring Since December 2010, the entire Arab world has gone through major political transformation. Monarchies that had enjoyed absolute power for hundreds of years have been overthrown; some are in the process to be overthrown and other state leaderships have adopted some flexibility in their system of administration to protect themselves. The public revolt against the state leadership, popularly known as the ‘Arab Spring’ or the ‘Arab Awakening’ “took everyone by surprise not because people had no reason to revolt” (Khanfer 2012, p. 2) but because it took unprecedented scope and speed. An act of self immolation by a street vendor in Tunisia in a show of public revolt against corrupt government not just toppled centuries old dictatorial regime but also became a source of inspiration for Arab masses to revolt against their governments. “The self-immolation triggered unrest in Tunisia and ultimately the resignation of President Zine El Abidine Ben Ali. This was followed by unrest in a number of Arabian countries that the global press dubbed the ‘Arab Spring’” (Friedman 2011). So far, the spring breeze has entered into 20 countries in the Persian Gulf and the North Africa. Four countries—Tunisia, Egypt, Libya and Yemen—have overthrown their governments. Algeria, Iraq, Iranian Khuzestan, Israeli border areas have witnessed major protests. Syria has landed in a civil war. Jordan, Oman, Kuwait, Morocco, Lebanon have gone through protests and governmental...
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...A Research Paper On Why Capitalism Succeeded In Generating An Industrial Revolution In Other Countries But Failed In The Philippines Submitted by Manuel Ortega Abis Student No. 11-71-003, BPA Special Program Batch 8-A CAPA, Universidad de Manila Professor Ronaldo J. Navata PREFACE The research materials and references used in this research paper were managed to be gathered through unlimited internet hours and limited library hours, but the pages on the web and the pages of the book offered equal enlightenment and enjoyment. The premises and conclusions built and reached in this paper are products of the researcher’s serious analysis of the Philippine economic situation. The researcher, however, is praying that his objectivity and the sincerity of his language shall not fail him in his own humble attempt to bring this mini-thesis to its just and proper course and closure. The twin causes formulated in this paper are generally subdivided into two: the concept of economic will (policy system of governance) and the concept of economic ownership (property system of the governed). Further reading is advised on critical and related topics of this paper. For the economy, these words: there is no such thing as the co-existence of freedom and equality. God bless the Philippines! ______________________________________________________________________________ ...
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...SECURITY RESEARCH PAPER A PERSPECTIVE ON TERRORISM Piers Hutt piershutt@hotmail.com 1 March 2015 A PERSPECTIVE ON TERRORISM ABSTRACT Purpose: To critically examine the threat of modern terrorism to Western society. Design/methodology: An assessment was made of publically available documentation. The paper is then divided into a number of sections. It initially deals with the difficulties of defining terrorism, followed by its symbiotic relationship with the media. The next section looks at the modern Islamic Fundamentalist threat and the primarily neocon response since 9/11. Whilst the US has withdrawn combat forces from Iraq and Afghanistan, a bipartisan approach has been maintained to counterterrorism. The dangers of such an approach are examined along with emerging threats. Table of Contents * Abstract * Introduction * Define * Role of the Media * Psychology * Modern Terrorism * The Response * Counterview – The Dangers * Looking Ahead – The Next Potential Threats * Another Approach * Conclusion INTRODUCTION “Terrorism has become part of our daily news diet. Hardly a day goes by without news of an assassination, political kidnapping, hijacking or bombing somewhere in the world. As such, incidents of terrorism have increased in the past decade, the phenomenon of terrorism has become one of increasing concern to governments....” Introduction. With the recent high profile terrorist attacks in Sydney...
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