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In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named “faquan,” and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. “Faquan” is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, etc. Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena.
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
Die Vorstellung, China sei ein "schwacher Staat", der in einer zunehmend darwinistisch konzipierten Welt nicht konkurrenzfähig sei, beherrschte vom Ende des 19. Jahrhunderts, besonders seit dem verlorenen Krieg gegen Japan (1894/95), bis in die 1930er-Jahre den politischen Diskurs in China selbst wie auch in anderen Ländern der Welt. Der Band zeichnet diese "Untergangsgeschichte" des "kranken Mannes Asiens" nach und hilft somit, das Selbstverständnis und die Identität des heutigen China zu verstehen.
In Cultural Revolution and Revolutionary Culture, Alessandro Russo presents a dramatic new reading of China's Cultural Revolution as a mass political experiment aimed at thoroughly reexamining the tenets of communism. Russo explores four critical phases of the Cultural Revolution, each with its own reworking of communist political subjectivity: the historical-theatrical “prologue” of 1965; Mao's attempts to shape the Cultural Revolution in 1965 and 1966; the movements and organizing between 1966 and 1968 and the factional divides that ended them; and the mass study campaigns from 1973 to 1976 and the unfinished attempt to evaluate the inadequacies of the political decade that brought the Revolution to a close. Among other topics, Russo shows how the dispute around the play Hai Rui Dismissed from Office was not the result of a Maoist conspiracy, but rather a series of intense and unresolved political and intellectual controversies. He also examines the Shanghai January Storm and the problematic foundation of the short-lived Shanghai Commune. By exploring these and other political-cultural moments of Chinese confrontations with communist principles, Russo overturns conventional wisdom about the Cultural Revolution.
In 2009 Slavoj Zizek brought together an acclaimed group of intellectuals to discuss the continued relevance of communism. Unexpectedly the conference attracted an audience of over 1,000 people. The discussion has continued across the world and this book gathers responses from the conference in Seoul. It includes the interventions of regular contributors Alain Badiou and Slavoj Zizek, as well as work from across Asia, notably from Chinese scholar Wang Hui, offering regional perspectives on communism in an era of global economic crisis and political upheaval.
The meanings of disease have undergone such drastic changes with the introduction of modern Western medicine into China during the last two hundred years that new discourses have been invented to theorize illness, redefine health, and reconstruct classes and genders. As a consequence, medical literature is rewritten with histories of hygiene, studies of psychopathology, and stories of cancer, disabilities and pandemics. This edited volume includes studies of discourses about both bodily and psychiatric illness in modern China, bringing together ground-breaking scholarships that reconfigure the fields of history, literature, film, psychology, anthropology, and gender studies by tracing the pathological path of the “Sick Man of East Asia” through the nineteenth and twentieth centuries into the new millennium.
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
Examining how Hong Kong filmmakers, spectators and critics wrestled with this perturbation between the Leftist Riots (1967) and the aftermath of the Umbrella Movement (2014), this book traces how Hong Kong's extraterritoriality has been framed: in its position of being doubly occupied and doubly abandoned by contesting juridical, political, linguistic and cultural forces. Extraterritoriality scrutinises creative works in mainstream cinema, independent films, television, video artworks and documentaries - especially those by marginalised artists - actively rewriting and reconfiguring how Hong Kong cinema and media are to be defined and located.
This book is one out of 8 IAEG XII Congress volumes, and deals with the theme of applied geology, which is a critical theme for the global economy. In the international, multidisciplinary approach to major engineering projects (either to macro- or mega-scale), the application of geological investigation techniques is fundamental for properly selecting the location sites, planning the construction and maintaining the infrastructures. The contributions in this book include not only engineering constructions but also case studies related to large projects on geo-resources exploration and extraction (minerals, petroleum and groundwater), energy production (hydropower, geothermal, nuclear and others), transportation (railway and highway) and waste disposal as well as the environmental management of these and other activities. The Engineering Geology for Society and Territory volumes of the IAEG XII Congress held in Torino from September 15-19, 2014, analyze the dynamic role of engineering geology in our changing world and build on the four main themes of the congress: Environment, processes, issues, and approaches. The congress topics and subject areas of the 8 IAEG XII Congress volumes are: 1. Climate Change and Engineering Geology 2. Landslide Processes 3. River Basins, Reservoir Sedimentation and Water Resources 4. Marine and Coastal Processes 5. Urban Geology, Sustainable Planning and Landscape Exploitation 6. Applied Geology for Major Engineering Projects 7. Education, Professional Ethics and Public Recognition of Engineering Geology 8. Preservation of Cultural Heritage.