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論國家制度均衡與後發展地區的制度需求──榆林土地問題的制度和社會背景分析
https://nccur.lib.nccu.edu.tw/handle/140.119/80173
title: 論國家制度均衡與後發展地區的制度需求──榆林土地問題的制度和社會背景分析 abstract: There are some social structural contradictions under the non-equilibrium of social development, owing to the contradictions between non-equilibrium of the Social development and equilibrium of national systems in China’s backward regions. The research method is to choice the land issue and a land case in Yulin city as the research object, and to study the relationship between their social background and the transition of China’s land institution. Then, we try to find the reasons and the solutions by the institutional transition theory and the research methods of sociology of law. As the results show, it is the effective way to continue to create the social conditions of induced institution change in the backward regions. It is concluded that we should search new routes to establish system in accordance with the law. According to the current legislative and judicial systems, we can establish the new systems in backward regions. It is necessary to establish the public-private coordination mechanism by which we can solve the new problems during the formal system being established. There are some social structural contradictions under the non-equilibrium of social development, owing to the contradictions between non-equilibrium of the Social development and equilibrium of national systems in China’s backward regions. The research method is to choice the land issue and a land case in Yulin city as the research object, and to study the relationship between their social background and the transition of China’s land institution. Then, we try to find the reasons and the solutions by the institutional transition theory and the research methods of sociology of law. As the results show, it is the effective way to continue to create the social conditions of induced institution change in the backward regions. It is concluded that we should search new routes to establish system in accordance with the law. According to the current legislative and judicial systems, we can establish the new systems in backward regions. It is nec
<br>清朝法規範中「財產關係圖像」—以田土為例
https://nccur.lib.nccu.edu.tw/handle/140.119/80172
title: 清朝法規範中「財產關係圖像」—以田土為例 abstract: Many of the contemporary legal history researchers (especially foreign scholars), as they study the legal system of the Qing Dynasty, they used to divide the traditional china legal system in civil law and criminal law, or in public law or private law system. This kind of classification for legal system is basis on the legal system of Western countries. This paper will attempt to present the variety of legal norms from the Qing Dynasty. And try to use the contract document and the local trail record that related to the property dispute to present the norms about the private property in Qing Dynasty.Qing legal system has a different classification syste. It is base on the relation to the power of the state. In the judicial trail the classification is mainly based on the nature and urgency of the cases. The classification of the judical lever is basically divided into so-called local self-care cases(自理案件)the case that so call Major cases(重罪)ought to be examine by the Xin-Bu (刑部).The local self-care cases(自理案件)is the cases that deal with the household, marriage, Land matters, and the counties mandarin can made the decision by themselves.The Major cases is the cases that a capital offense case that have something to do with the rebellion, Killing Officer, and foreign Pirates, bandits, robbers. This cases must be report by the governors or the Ministry of Punishment to the Emperor (Xin-Bu).This Articles will analyze the norms of Qing Dynasty that connect to the local self-care cases with the Land, and try to find out how the Qing government regulate the relation of the private property between the ordinary people. This Articles will analyze “The Great Qing Hui Dian”, ”The Great Qing Code”, the relevant norm of the ministries(工部則例), “the Provincial regulation”(省例)and other legal material such as the Contract Documents for the land sale(田土買契).
<br>The Concept of an East Asian ‘Rechtskreis’: origin and future
https://nccur.lib.nccu.edu.tw/handle/140.119/80171
title: The Concept of an East Asian ‘Rechtskreis’: origin and future abstract: The paper provides an overview of the German language discourse on East Asian law (Rechtskreis) and its history. The notion of a ‘Rechtskreis’ lacks clarity of contents, and is used interchangeably with ‘Rechts-familie’ (family of law), ‘Rechtsstil’ (type of law) or ‘Rechtskultur’ (legal culture), among others. The ‘Rechts-kreis’ discourse is also a German-only one, as the term cannot be directly translated into English.On the other hand, the concept allows for a certain globalization and can be applied to legal systems out of Europe. It admits some generalizing (Hertel), thus allowing the Wesern-European observer to easily grasp the variety of Asian legal systems (Igarashi). To be able to generalize, details may have to be glossed over, and results may be achievable only by generous simplification. The paper analyzes such simplifications and and the awareness of them within the East Asian Rechtskreis discourse.The academic discussion on an East Asian legal tradition first began in German China studies (Sinology) (Bünger, Kroker), and started in legal studies much later. This was when the term of an East Asian Rechtskreis was first established. When the word was first used in the 19th century (Dölemeyer 2010), it only refered to the continental-European and the Anglo-American Rechtskreis. In 1950, David for the first time included Asian legal systems. While some scholars approved (David; Zweigert/Kötz), others denied the existence of an independent East Asian Rechtskreis. Between several editions of his main book, Zweigert even changed his view and came to opposite conclusions.Chinese, Japanese and Korean legal scholars took up the European, mainly German language debate and gave their own feedback and views in the German language (Kigarashi, Tjong Zong-uk). Findings show approval as well as criticism of the Western European doctrine when seen from an Asian perspective.
<br>A Study on the Citizen Participatory Trial in Korea
https://nccur.lib.nccu.edu.tw/handle/140.119/80170
title: A Study on the Citizen Participatory Trial in Korea abstract: In Korea there have been several democratic claims since 1900’s with the remarkable economic growth, one of which is the fairness of judgement through citizens’ participation in criminal procedures.Korean criminal system introduced a new trial system called “Citizens’ Participation in the Trial System” in 2008. From the historical view points, Korean criminal judicial system began through the foundation of “the Supreme Court’s Judicial Reform Committee” in 2003. One of the results, achieved by the Judicial Reforms, was the enactment of “The act on Citizen Participation in Criminal Trials.” According to this new trial system, common people began to participate in some of criminal trials not as an object, but as the subject of the criminal procedures.But the prospects for this jury trial system in korea are not bright. Because the Result of korean jury trial during 2008-2010 has so many problems.Above all most important problems are as follows1. Low rates of application to the jury trial2. Hgh rates of withdrawl of application by the accused3. High rates of exclusion by judge4. The excessive appeals by the prosecutorAfter the testing period (2008-2012), we had to decide whether we should continue this new system or not. Supposing that the new model is not inconsistent with the Korean culture, is the new Korean jury trial system thought to be suitable for us?Thus at this time, I am going to present some methods to solve current problem in korean jury trial system.
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