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WU FAN 4/19/2012 7:47 PM Legal Reasoning in Chinese and Swiss Appellate Judgments - Exploring China’s Path Toward Rule of Law WU Fan TABLE OF CONTENTS I. INTRODUCTION ................................................................................ 21 II. OBJECT OF COMPARISON ................................................................ 24 A. Swiss Law as a Reference System ....................................... 25 B. Selection of Judgments ........................................................ 26 III. SCHEME OF COMPARISON ............................................................. 27 IV. LEGAL REASONING IN SWISS LEGAL SYSTEM............................... 27 A. Regulation of Legal Reasoning ........................................... 27 B. Legal Reasoning and Public Control .................................. 28 C. Legal Reasoning and Legal Education in Switzerland ....... 29 D. Legal Reasoning in Swiss TF Judgments............................ 30 1. Head of the Judgment ................................................... 31 (a) Case Designation ................................................... 31 (b) Judgment Title ........................................................ 31 2. Indexes .......................................................................... 31 3. Statement of Affairs ...................................................... 33 (a) Factual Background ............................................... 33 (b) Procedural History ................................................ 33 (c) Requests of the Parties .......................................... -
"Sanyuesan" Festival of She Ethnic Group in Jingning, Zhejiang Province
The 14th National and International Conference "Global Goals, Local Actions: Looking Back and Moving Forward 2021" 18 August, 2021 When Tradition Meets Modernity — The Contemporary Changes of the "Sanyuesan" Festival of She Ethnic Group in Jingning, Zhejiang Province Yang Wang Abstract This study discusses the contemporary changes of the "Sanyuesan" festival of the She ethnic group in Jingning by collecting relevant literature and conducting field investigation. Qualitative analysis is mainly carried out with participatory observation and in-depth interview as research tools. This paper mainly summarizes the change track and characteristics of the She's "Sanyuesan" festival. This study mainly explores the changes of the times of the She People's "Sanyuesan" festival from the aspects of connotation and function, form and content, subject composition of participation and cultural space. The research results are helpful to explore the historical context and cultural space of the contemporary construction of She's "Sanyuesan" festival music. Keywords: She ethnic group, Sanyuesan, Festival celebration, Change Introduction The She ethnic group is an ancient minority in Southeast China, and it is also a typical group scattered across the region. In the long process of history, unafraid of hardships and dangers, She people have created a splendid history and culture with their own diligence and wisdom, leaving a rich cultural heritage. As the second batch of national intangible cultural heritage, their "Sanyuesan" (Category: folk custom; No.: Ⅹ - 73) is emitting a bright and unique brilliance with its distinctive ethnic temperament, rich cultural meaning and active form of expression. Jingning, located in East China, is the only She Autonomous County in China. -
Thesis HUMA 2009
A Phonetic Study on Implosives in China by Cun Xi A Thesis Submitted to The Hong Kong University of Science and Technology In Partial Fulfillment of the Requirements for The Degree of Doctor of Philosophy In Division of Humanities April, 2009, Hong Kong i HKUST Library Reproduction is prohibited without the author’s prior written consent UMI Number: 3365904 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. ______________________________________________________________ UMI Microform 3365904 Copyright 2009 by ProQuest LLC All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. _______________________________________________________________ ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, MI 48106-1346 Acknowledgements At this exciting and momentous time, the first person I would like to thank is my supervisor Prof. Zhu Xiaonong. Many years ago, when I was a newcomer to linguistics, he introduced me to the possibilities along that path and encouraged me to explore them. Reading and correcting every detail of my thesis is not his style, but his comments often hit the nail on the head. He likes to talk to students in an open-hearted way, as our friend, and invite us to meals at his home. -
Measuring Social Vulnerability to Natural Hazards in the Yangtze River Delta Region, China
Int. J. Disaster Risk Sci. 2013, 4 (4): 169–181 doi:10.1007/s13753-013-0018-6 ARTICLE Measuring Social Vulnerability to Natural Hazards in the Yangtze River Delta Region, China Wenfang Chen1,2,3, Susan L. Cutter2, Christopher T. Emrich2, and Peijun Shi1,3,* 1State Key Laboratory of Earth Surface Processes and Resource Ecology, Beijing Normal University, Beijing 100875, China 2Hazard and Vulnerability Research Institute, Department of Geography, University of South Carolina, Columbia, SC 29208, USA 3Academy of Disaster Reduction and Emergency Management, Ministry of Civil Affairs and Ministry of Education of China, Beijing Normal University, Beijing 100875, China Abstract Social vulnerability emphasizes the different bur- By adopting the human-centered vulnerability concept, dens of disaster losses within and between places. Although the “social vulnerability paradigm” (Hewitt 1983; 1997; China continuously experiences devastating natural disasters, Blaikie et al. 1994; Cutter, Boruff, and Shirley 2003) stresses there is a paucity of research specifically addressing the that vulnerability is socially constructed and exhibits with multidimensional nature of social vulnerability. This article stratification and inequality among different groups of people presents an initial study on the social vulnerability of the and different places. Consequently, vulnerability reduction Yangtze River Delta region in China. The goal is to replicate requires understanding the underlying social, economic, and and test the applicability of the place-based Social Vulnerabil- political context and then addressing the factors that increase ity Index (SoVI®) developed for the United States in a Chinese cultural context. Twenty-nine variables adapted from SoVI® risk and vulnerability. were collected for each of the 134 analysis units in the study Much of the vulnerability research uses case study and area. -
Treaty-Port English in Nineteenth-Century Shanghai: Speakers, Voices, and Images
Treaty-Port English in Nineteenth-Century Shanghai: Speakers, Voices, and Images Jia Si, Fudan University Abstract This article examines the introduction of English to the treaty port of Shanghai and the speech communities that developed there as a result. English became a sociocultural phenomenon rather than an academic subject when it entered Shanghai in the 1840s, gradually generating various social activities of local Chinese people who lived in the treaty port. Ordinary people picked up a rudimentary knowledge of English along trading streets and through glossary references, and went to private schools to improve their linguistic skills. They used English to communicate with foreigners and as a means to explore a foreign presence dominated by Western material culture. Although those who learned English gained small-scale social mobility in the late nineteenth century, the images of English-speaking Chinese were repeatedly criticized by the literati and official scholars. This paper explores Westerners’ travel accounts, as well as various sources written by the new elite Chinese, including official records and vernacular poems, to demonstrate how English language acquisition brought changes to local people’s daily lives. I argue that treaty-port English in nineteenth-century Shanghai was not only a linguistic medium but, more importantly, a cultural agent of urban transformation. It gradually molded a new linguistic landscape, which at the same time contributed to the shaping of modern Shanghai culture. Introduction The circulation of Western languages through both textual and oral media has enormously affected Chinese society over the past two hundred years. In nineteenth-century China, the English language gradually found a social niche and influenced people’s acceptance of emerging Cross-Currents: East Asian History and Culture Review E-Journal No. -
Association of Genetic Loci for Migraine Susceptibility in the She People of China
Lin et al. The Journal of Headache and Pain (2015) 16:70 DOI 10.1186/s10194-015-0553-1 RESEARCH ARTICLE Open Access Association of genetic loci for migraine susceptibility in the she people of China Qi-Fang Lin1, Xian-Guo Fu2, Long-Teng Yao1, Jing Yang2, Luo-Yuan Cao2, Yong-Tong Xin1, Jun-Xia Hou1, Lin-Feng Ye1 and Gen-Bin Huang1* Abstract Background: The purpose of this study was to investigate the association of the genotype and allele frequencies of the polymorphisms rs4379368, rs10504861, rs10915437, rs12134493 and rs13208321 in She people of China with migraine headache susceptibility. The five alleles were previously identified as being associated with migraine in a Western population, but it was not known if this association would hold in a She population. rs4379368 is in the succinic HMG coenzyme A transferase (C7orf10) gene; rs10504861 is near the matrix metallopeptidase 16 (MMP16) gene; rs10915437 is near the adherens junctions associated protein 1 (AJAP1) gene; rs12134493 is upstream of the tetraspanin 2 (TSPAN2) gene; and rs13208321 is within the four and a half LIM domains protein 5 (FHL5) gene. Methods: This was a case-controlled study conducted in She people of Fujian province in China. Polymerase chain reaction-restriction fragment length polymorphism and direct sequencing were performed. Univariate and multivariate analyses were used to assess the association of the different genotypes of each SNP with migraine. Results: The rs4379368 T allele was not in Hardy-Weinberg equilibrium and was more common than the C allele in subjects with migraine (58.7 %; P = 0.049), possibly suggesting a selection bias for T allele in this population. -
THE MEDIA's INFLUENCE on SUCCESS and FAILURE of DIALECTS: the CASE of CANTONESE and SHAAN'xi DIALECTS Yuhan Mao a Thesis Su
THE MEDIA’S INFLUENCE ON SUCCESS AND FAILURE OF DIALECTS: THE CASE OF CANTONESE AND SHAAN’XI DIALECTS Yuhan Mao A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts (Language and Communication) School of Language and Communication National Institute of Development Administration 2013 ABSTRACT Title of Thesis The Media’s Influence on Success and Failure of Dialects: The Case of Cantonese and Shaan’xi Dialects Author Miss Yuhan Mao Degree Master of Arts in Language and Communication Year 2013 In this thesis the researcher addresses an important set of issues - how language maintenance (LM) between dominant and vernacular varieties of speech (also known as dialects) - are conditioned by increasingly globalized mass media industries. In particular, how the television and film industries (as an outgrowth of the mass media) related to social dialectology help maintain and promote one regional variety of speech over others is examined. These issues and data addressed in the current study have the potential to make a contribution to the current understanding of social dialectology literature - a sub-branch of sociolinguistics - particularly with respect to LM literature. The researcher adopts a multi-method approach (literature review, interviews and observations) to collect and analyze data. The researcher found support to confirm two positive correlations: the correlative relationship between the number of productions of dialectal television series (and films) and the distribution of the dialect in question, as well as the number of dialectal speakers and the maintenance of the dialect under investigation. ACKNOWLEDGMENTS The author would like to express sincere thanks to my advisors and all the people who gave me invaluable suggestions and help. -
China October 2004
China Country Report OCTOBER 2004 Country Information and Policy Unit IMMIGRATION AND NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM Contents 1. Scope of the Document 1.1–1.10 2. Geography 2.1–2.19 The Environment 2.4–2.8 Population 2.9–2.11 Naming Conventions 2.12–2.13 Languages 2.14–2.19 - Dialects within Fujian 2.16–2.17 - Pinyin Translation System 2.18–2.19 3. Economy 3.1–3.23 Poverty 3.2–3.7 Go West Development Programme 3.8–3.10 State Owned Enterprises (SOEs) 3.11–3.13 - Liaoning Province 3.13 Unemployment 3.14 Currency 3.15 Corruption 3.16–3.23 4. History 4.1–4.17 China, 1949–66 4.1–4.2 China, 1966–74: Cultural Revolution 4.3–4.4 China, October 2004 China, 1976–78 4.5–4.6 China, 1978–89: Economic Reform 4.7–4.8 China, 1989: Tiananmen Square Protests 4.9–4.11 Post-Tiananmen Square 4.12–4.17 5. State Structures 5.1–5.104 The Constitution 5.1–5.4 Citizenship and Nationality 5.5–5.8 The Political System 5.9–5.23 - The Leadership 5.12–5.20 - Village Committees 5.21–5.23 Judiciary 5.24–5.29 - Criminal Procedures Law (1997) 5.28 - Law on Administrative Appeals (1999) 5.29 Legal Rights/Detention 5.30–5.46 - Hitting an Official 5.37–5.38 - Arrest Warrants 5.39 - Death Penalty 5.40–5.45 - Organ Harvesting 5.46 Internal Security 5.47–5.56 - Police Accountability 5.49–5.52 - Police Organisation 5.53 - Police Corruption/Incompetence 5.54–5.56 Prisons and Prison Conditions 5.57–5.73 - Model Prisons 5.62–5.63 - Prison Conditions in Fujian 5.64 - Prison Conditions in Tibet (Xizang) 5.65–5.68 - Re-education through Labour (RTL) 5.69–5.71 - -
Appendix 1. a Brief Description of China's 56 Ethnic Groups
Appendix 1. A Brief Description of China’s 56 Ethnic Groups Throughout history, race, language and religion have divided China as much as physical terrain, political fiat and conquest.1 However, it is always a politically sensitive issue to identify those non-Han people as different ethnic groups. As a result, the total number of ethnic groups has never been fixed precisely in China. For example, in 1953, only 42 ethnic peoples were identified, while the number increased to 54 in 1964 and 56 in 1982. Of course, this does not include the unknown ethnic groups as well as foreigners with Chinese citizenship.2 Specifically, China’s current 56 ethnic groups are, in alphabetical order, Achang, Bai, Baonan, Blang, Buyi, Dai, Daur, Deang, Derung, Dong, Dongxiang, Ewenki, Gaoshan, Gelao, Han, Hani, Hezhe, Hui, Jing, Jingpo, Jino, Kazak, Kirgiz, Korean, Lahu, Lhoba, Li, Lisu, Manchu, 1 The text is prepared by Rongxing Guo based on the following sources: (i) The Ethnic Minorities in China (title in Chinese: “zhongguo shaoshu minzu”, edited by the State Ethnic Affairs Commission (SEAC) of the People’s Republic of China and published in 2010 by the Central Nationality University Press, Beijing) and (ii) the introductory text of China’s 56 ethnic groups (in Chinese, available at http://www.seac.gov.cn/col/col107/index.html, accessed on 2016–06–20). 2 As of 2010, when the Sixth National Population Census of the People’s Republic of China was conducted, the populations of the unknown ethnic groups and foreigners with Chinese citizenship were 640,101 and 1448, respectively. -
Rendering the Regional
Rendering the Regional Rendering the Regional LOCAL LANGUAGE IN CONTEMPORARY CHINESE MEDIA Edward M.Gunn University of Hawai`i Press Honolulu Publication of this book was aided by the Hull Memorial Publication Fund of Cornell University. ( 2006 University of Hawai`i Press All rights reserved Printed in the United States of America 111009080706654321 Library of Congress Cataloging-in-Publication Data Gunn, Edward M. Rendering the regional : local language in contemporary Chinese media / Edward M. Gunn. p. cm. Includes bibliographical references and index. ISBN 0-8248-2883-6 (alk. paper) 1. Language and cultureÐChina. 2. Language and cultureÐTaiwan. 3. Popular cultureÐChina. 4. Popular cultureÐTaiwan. I. Title. P35.5.C6G86 2005 306.4400951Ðdc22 2005004866 University of Hawai`i Press books are printed on acid-free paper and meet the guidelines for permanence and durability of the Council on Library Resources. Designed by University of Hawai`i Press Production Staff Printed by The Maple-Vail Book Manufacturing Group Contents List of Maps and Illustrations /vi Acknowledgments / vii A Note on Romanizations /ix Introduction / 1 1 (Im)pure Culture in Hong Kong / 17 2 Polyglot Pluralism and Taiwan / 60 3 Guilty Pleasures on the Mainland Stage and in Broadcast Media / 108 4 Inadequacies Explored: Fiction and Film in Mainland China / 157 Conclusion: The Rhetoric of Local Languages / 204 Notes / 211 Sources Cited / 231 Index / 251 ±v± List of Maps and Illustrations Figure 1. Map showing distribution of Sinitic (Han) Languages / 2 Figure 2. Map of locations cited in the text / 6 Figure 3. The Hong Kong ®lm Cageman /42 Figure 4. Illustrated romance and pornography in Hong Kong / 46 Figure 5. -
Rational Mythos and Irrational Logos: the Narrative Forms of China’S ‘She’ People
The Eurasia Proceedings of Educational & Social Sciences (EPESS) ISSN: 2587-1730 The Eurasia Proceedings of Educational & Social Sciences (EPESS), 2015 Volume 3, Pages 25-37 ICRES 2015: International Conference on Research in Education and Science RATIONAL MYTHOS AND IRRATIONAL LOGOS: THE NARRATIVE FORMS OF CHINA’S ‘SHE’ PEOPLE Yan SAI Minzu University of China & Queen‟s University, Belfast ABSTRACT: This article considers the myths of China‟s She people in the light of the distinction made by western mythographers between mythos and logos. In the analysis of ancient Greek myths, mythos and logos have been seen as standing for irrational and rational elements, respectively. Within the Chinese education system, however, myths and history are not rigorously separated, and people believe that myths tell of real events that happened in prehistoric times. By examining my collections of She narrative epics and graphic depictions of these stories, I will suggest that the association of logos with the rational and mythos with the irrational is reversed in the She case, and that the effective transmission of the epics down the generations has required the adoption of rational elements to the oral tradition or mythos, whilst the sacred or irrational component of the stories is preserved in the graphic depictions or logos. Keywords: Myth, logo, she ethnic group, epic INTRODUCTION Although numerous scholars have discussed the meaning of myth (e.g. Cruz, L., & Frijhoff, W. Th. M., 2009:1), there is little agreement on a clear definition of the term. The origins and meanings of myths have generated heated debates in the fields of the humanities and social sciences throughout the world. -
(C) Arrcusr, T992
ETHNIC RELATIONS Àl{D CHINESE STATB POITICY by GE IJI À THESIS SIIBMITTED TO THE FACIIITTY OF GRÀDI]ATE STUDIES rN PÀRTIÀTJ FUI,FIIJI$IENT OF THE REQT'IREMENTS FOR THE DEGREE OF MÀSTBR OF ÀRTS DEPARTI{ENT OF AÀITHROPOLOGY UNIVERSITY OF I,ÍÀNITOBA WINNIPEG, }Í.ANITOBA (c) Arrcusr, t992 NalionalLibrary Bibliothèque nationale E*E du Canada Acquisitions and Direction des acquisitions et BiblìograPhic Services Branch des services bibliograPhiques 395 Wellington Street 395, rue Wellington Ottawa, Ontario Ottawa (Ontario) K1A ON4 K1A ON4 Yout lile volre rélérence Our l¡le Nolrc télérence The author has granted an L'auteur a accordé une licence i rrevocable non-exclus¡ve licence irrévocable et non exclusive allowing the National LibrarY of permettant à la Bibliothèque Canada to reproduce, loan, nationale du Canada de distribute or sell cop¡es of reproduire, prêter, distribuer ou his/her thesis by any means and vendre des copies de sa thèse in any form or format, making de quelque manière et sous this thesis available to interested quelque forme que ce soit Pour persons. mettre des exemplaires de cette thèse à la disPosition des person nes intéressées. The author retains ownershiP of L'auteur conserve la ProPriété du the copyright in his/her thesis. droit d'auteur qu¡ Protège sa Neither the thesis nor substantial thèse. Ni la thèse ni des extraits extracts from it may be Printed or substantiels de celle'ci ne otherwise reproduced without doivent être imprimés ou his/her permission. autrement reproduits sans son autorisation. rsBN ø-315-81817-4 Canadä ETHNIC RELATIONS AND CHINESE STATE POLICY BY GE LI A Thesis submitted to the Faculty of G¡aduate Studies of the Universify of Manitoba in partial fulfillment of the reguirertents for the degree of MASTER OF ARTS @ 7992 pe¡stission has been granted to the LIBRÄRY OF TIIE IJNT9ERSITY OF IvÍANTTOBA to lend or sell copies of this thesis, to the NATIONAL LIBRARY OF CAI\ÍADA to mic¡ofilm this thesis and to lend or sell copies of ihe film, and IINT\TERSITY MICROFTLMS to publish an abstract of this thesis.