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  • ―中国の廃娼運動における「幼女」をめぐって―
    周 筱
    21世紀東アジア社会学
    2019年 2019 巻 10 号 134-148
    発行日: 2019/08/31
    公開日: 2019/12/04
    ジャーナル フリー

      Youjyo is a term only used in sexual offenses under penal code of China, meaning female who is under 14 years old. Recently until 2015, a heated dispute about Youjyo, whether Youjyo should be interpreted as ‘Prostitute’ or ‘Child’, was risen even though two categories’ connotations were opposite. This study starts with a question why Youjyo is being explained in terms of both ‘prostitute’ and ‘child’. Attempting to give an answer to the coexistence of ideal of sex equality and child protection in the term Youjyo, the analysis on this paper introduced historical perspective.
      By exploring prostitution-abolition movement of China, this paper shows that two narratives of females under 14 coexisted temporarily. One is ‘prostitute’ based on ideal of sex equality. In this narrative, females under 14 were seen as ‘socially unfortunate women’ and should be relieved from feudal imperialistic inequality. In contrast, as ideal of child protection grows, the term ‘Youjyo’ was created. In this narrative, females under 14 were protected as ‘national next generation’. But after a while, prostitution-abolition movement was regarded successful and ‘prostitute’, or even prostitution itself, was regarded to be rooted out. Therefore, females under 14 were recognized as ‘Youjyo’ since ‘prostitute’ that represented ‘social unfortunate woman’ were no longer usable.
      Previous researches show that in China, there is a distance between researches on prostitution and child prostitution. One is focusing on woman while another is focusing on child. However, issues such as Enjyokousai, young people engaging in sexual intercourse deliberately is emerging as a social problem. Thus, the distance between prostitution and child prostitution can no longer be maintained, and the distinction of child/adult would no longer sufficient while narrating young people, so perspective of gender should be added. Therefore, it is necessary to explore the interspace between sexual equality and child protection.

  • 胡 光輝
    日本不動産学会誌
    2021年 35 巻 3 号 27-31
    発行日: 2021/12/27
    公開日: 2022/12/27
    ジャーナル フリー
  • ジレンマからの脱出
    張 騏, 張 紅
    法社会学
    2002年 2002 巻 57 号 191-199
    発行日: 2002/09/30
    公開日: 2009/01/15
    ジャーナル フリー
  • 胡 光輝
    社会科学研究
    2011年 62 巻 5-6 号 119-140
    発行日: 2011/03/24
    公開日: 2021/02/09
    ジャーナル オープンアクセス
  • 高橋 孝治
    法政論叢
    2022年 58 巻 1 号 139-
    発行日: 2022年
    公開日: 2022/09/05
    ジャーナル フリー
  • ―建物からの落下物による損害を中心に
    王 冷然
    日本不動産学会誌
    2021年 35 巻 3 号 67-73
    発行日: 2021/12/27
    公開日: 2022/12/27
    ジャーナル フリー
  • 國谷 知史
    日本不動産学会誌
    2021年 35 巻 3 号 62-66
    発行日: 2021/12/27
    公開日: 2022/12/27
    ジャーナル フリー
  • 佐々木 彩
    現代社会研究
    2020年 2020 巻 18 号 69-78
    発行日: 2020年
    公開日: 2021/04/15
    研究報告書・技術報告書 フリー
  • 中国司法改革における情報技術の役割
    季 衛東
    法社会学
    2001年 2001 巻 54 号 222-235,263
    発行日: 2001/03/30
    公開日: 2009/01/15
    ジャーナル フリー
    The IT revolution has both given rise and a resolution to a whole series of problems in law and society. To analyze the relationship between e-law services and judicial reform from this viewpoint, I put the readers in the picture of the "Five-Year Program for Judicial Reform" of the Supreme People's Court of China and give some samples concerning the court and the new technologies in this article.
    According to the judicial reform plan, for raising efficiency of the court system, the administration of justice will be virtualized in the period of 1999-2003, and the "trial flow tracer system" will be popularized on what has already been achieved. On the other hand, transparency of proceedings and judicial participation are also emphasized. In fact, many courts began to allow the public into the courtroom through the live TV program, to open their web site and to supply online legal services including the publication of court calendars, oral argument schedules, court verdicts, the Supreme Court's judicial interpretation opinions and other information in Internet. A digital China law library in cyberspace has been constructing since the beginning of the 1980s, which made access to laws and courts much easier and litigation cost much lower.
    However, the computer network world is not necessary a true liberal and democratic wonderland. We can even find a new type of "Panopticon" in the "trial flow tracer system" based on the digital technology. So the balance between efficiency and humanity should be the next goal for judicial reform in this new technology age.
  • 高橋 孝治
    アジア研究
    2019年 65 巻 4 号 18-35
    発行日: 2019/10/31
    公開日: 2019/12/17
    ジャーナル フリー

    In the People’s Republic of China, the Criminal Procedure Code was revised on October 26, 2018. In China, RENZUIRENFA system, the judgment by default system and the prompt decision procedure were introduced by this revision. As for this report, an exegesis does the Chinese revised Criminal Procedure Code from these three systems. The defendant confesses it about own criminal act, and there is not an objection about a crime fact pointed out, and RENZUIRENFA system is the system that it is tolerant and processes by law when I agree about the assessment of a case. It is a system of so-called plea bargaining. The prompt decision procedure must conclude a hearing for a person agreeing to RENZUIRENFA and the application of the prompt decision procedure as a general rule for (when you may be sentenced to penal servitude more than one year less than 15 days) for less than ten days on a case acceptance day of the court and must start judgment in the court which you examined. And when the judgment by default system is a crime of the national crime and terrorist activity to harm serious safely that the best People prosecution House ratified when it is necessary to let a trial go promptly in the case of a corruption bribe crime, evidence is certain, and a crime suspect and defendants are enough when I am abroad and are the system that can submit an indictment for people method House when you should investigate a criminal liability by law even if the defendant is absent.

    About RENZUIRENFA system and the prompt decision procedure, it was taken effect before Criminal Procedure Code revision experimentally in some cities. Therefore, in this report, I examine the statistics documents of the experimental enforcement. A limit points out the point that there is not the rule in the text is very plain, and what kind of crime RENZUIRENFA system in particular is applied to about the point that I can interpret, the prompt decision procedure in this report even how. And an application is done about the penalty used for political oppression about RENZUIRENFA system and the prompt decision procedure in the district enforced experimentally. Therefore, political oppression and a crime to get will point out the aggressive evaluation in future from a point to have possibilities to let a trial progress without an investigation and public speaking in China that hard to please. And I point out that I can read it when I take an opportunity of the public speaking away from the defendant because the case by the circumstances of the government “to have to let a trial go promptly” applies about the judgment by default system.

    And this report settles a conclusion as follows. It is said, “there was the agreement of the defendant” formally by RENZUIRENFA system, and there will be possibility to have that a criminal trial is over in future without letting others inspect the contents of the criminal trial by a prompt decision procedure. In other words, I can impose punishment on the defendant if said, “the defendant agreed to RENZUIRENFA” without stopping by to real evidence. Furthermore, I became able to let a criminal trial progress without giving the defendant the opportunity of the argument by a judgment by default system and a judgment, “it was necessary to let a trial go promptly”. The revised Criminal Procedure Code of 2018 goes away from human rights security when I generalize it.

  • ─日本法との比較もふまえて
    長 友昭
    日本不動産学会誌
    2021年 35 巻 3 号 43-49
    発行日: 2021/12/27
    公開日: 2022/12/27
    ジャーナル フリー

    The rights of residence in the Civil Code in China is derived from Roman law. However, its interpretation has been expanded on the basis of vulnerable and real estate policies, which is a characteristic of Chinese law. The debate among scholars was at odds as to whether a residence rights system should be created. With just six new articles, not all issues surrounding the residence rights system have been resolved. The precedent cases should be meaningful as well. At about the same time, the Civil Code in Japan enacted spousal residence rights. Compared to this, China's residence rights may be a comprehensive solution to the problem of residence as well as spousal residence rights.

  • 胡 光輝
    私法
    2016年 2016 巻 78 号 153-160
    発行日: 2016/04/01
    公開日: 2020/04/01
    ジャーナル フリー
  • 楊 鳳春
    アジア太平洋討究
    2018年 32 巻 183-195
    発行日: 2018/03/16
    公開日: 2022/12/01
    研究報告書・技術報告書 フリー

    インターネット管理は中国政府が高度に重視している領域である。本文は中国政府のインターネット管理の基本制度に基づき,インターネット管理下における政府権力と国民の個人のインターネット権益の状況を考察した。そして中国政府が行った一連の法制度整備により,政府のインターネット管理の能力は最大限に拡大した代わりに国民個人の電子情報活動の権益が縮小されたことが分かった。これら制度の整備は,一般的な社会管理の意義をもつだけでなく,中国政府の情報通信技術の応用に対する選択にも重大な影響を与えている。本文では,政府のインターネット権力が大幅に増大する一方,国民個人の電子情報活動の権益への充分な保障が相対的に難しくなる状況下,中国政府の情報化政策は技術発展と社会全般の発展とのバランスを考慮し,技術の硬直化が社会進歩に与える不利な影響を防止することが必要であると考える。

  • 高見澤 磨
    法制史研究
    1990年 1990 巻 40 号 77-110,en6
    発行日: 1991/03/30
    公開日: 2009/11/16
    ジャーナル フリー
    What can exactly be recognized as the law? This question not quite the same as more ambitious question, "What is law in China", is nevertheless the first question to be addressed by any study of the legal system in the People's Republic of China (the PRC).
    This article surveys the system of legislation, the forms of legislation and other points, including amendment, promulgation and enforcement, translation, judicial precedent, custom, and the "policy" (_??__??_) of the state or Chinese Comunist Party (CCP) as a source of the law.
    There are some significant features in the sources of the law of the PRC;
    1, All of the laws of Guomindang (Chinese Nationalist Party) were repealed before the founding of the PRC;
    2, Because of this, the policy of the state or CCP has been one of the sources on those ocasions when there is no other existing legislation;
    3, There are so many different kinds of forms of legislation that the forms which are provided in laws on state organization cannot cover all of them;
    4, But, in quantity of laws and regulations, there are 36 (37) kinds of the forms which are provided in laws on state organization that cover most of legislation;
    5, 25 (26) of the 36 (37) are Gongwen (_??__??_), most of which are reports or documents of state administrative authorities;
    6, There had been no clear rules on promulgation and enforcement before 1987;
    7, There is still no rule of judicial precedent;
    8, Custom is recognized as a source of the law or a reference only in certain laws and regulations.
  • 平野 義太郎
    法社会学
    1951年 1951 巻 1 号 120-126
    発行日: 1951年
    公開日: 2009/04/03
    ジャーナル フリー
  • 内藤 寛子
    アジア研究
    2021年 67 巻 3 号 1-18
    発行日: 2021/07/31
    公開日: 2021/08/12
    ジャーナル フリー

    One of the problems that an authoritarian leader will face is that of power sharing with regime insiders; there is a dilemma in when and how much power is shared. This paper explores the institutionalization of judicial function as a solution to this problem through the case of the Administrative Procedure Law (APL) in China revealing how the Chinese Communist Party (CCP) institutionalized the “democratic” function of the People’s Court to control regime insiders. Previous work has explained that the CCP aimed to normalize the relationships between the Party and the government, and between the upper and lower government, by installing the APL which has often been recognized as a fire-alarm system. However, the benefits of such a system cannot be expected under the CCP’s political system. The specific research question here is why the CCP focused on judicial function to supervise the administrative organs of government. As such, this paper first considers the political circumstances of the CCP when it began to develop the APL. Under Deng Xiaoping’s policy of “Democracy and Legality” from 1978, the CCP encouraged regime insiders to develop a legal sensibility with the idea of supervising them by judicial means. The CCP particularly emphasized the supervision of the administrative organ by the citizen which required the “democratic” function of the People’s Court. Second, this paper explores the personnel administration of the Political-Legal Committee to analyze how the CCP worked to establish an environment that avoided conflict with regime insiders during the law-making process. For example, the Committee started evaluating a person who held a position in the legislature or judicial branch therefore it reflects to weakening the influence of public security. Third, the paper explains the legislative process of the APL as an example of how the CCP resolved conflict with regime insiders. The CCP constantly claimed that the administrative branch must follow the law and emphasized the role of the People’s Court; this attitude was summarized in the APL which regime insiders could not refuse because the CCP stressed supervision from the citizenry. According to the paper’s analysis, it is concluded that the CCP, in developing the APL, was attempting to obtain control of regime insiders while emphasizing the “democratic” function of the People’s Court to avoid or resolve conflict.

  • 名古屋大学法政論集
    2024年 301 巻 論文ID: 301.2
    発行日: 2024年
    公開日: 2024/03/19
    研究報告書・技術報告書 オープンアクセス
  • 銭 偉栄
    高岡法学
    2008年 19 巻 1-2 号 29-66
    発行日: 2008/03/20
    公開日: 2019/05/09
    ジャーナル フリー
  • 牛 志奎
    日本教育政策学会年報
    2004年 11 巻 170-180
    発行日: 2004/06/23
    公開日: 2017/12/05
    ジャーナル フリー
    Through a study of the relevant Chinese laws and legal cases concerned with school accidents, this article sets out an analysis of legal responsibility for three kinds of school accidents. The analysis finds that the laws and cases tend to support the theory of fault (Prinzip der Culpahaftung) with regard to the imputation of school accidents, especially accidents caused by boys and girls. From the viewpoint of guaranteeing "the best interests of the child" and the provision of children's rights to safe education, it is necessary for China to establish as soon as possible a high-quality school safety legal system covering school equipment, school insurance and some other laws and regulations.
  • 陳 宇澄
    九州法学会会報
    2003年 2002 巻
    発行日: 2003年
    公開日: 2017/08/10
    会議録・要旨集 フリー
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