白智剛. / 手稿本, 複本據手稿本複印 / 論文(歷史學部哲學頭士)--香港中文大學,1988. / 參考文獻:leaves 1-10 (3rd group) / Bai Zhigang. / 〈前言〉 --- p.1 / Chapter 第一章 --- 刑獄制度的建立 --- p.3 / Chapter 一 --- 刑獄制度的轉變 --- p.3 / Chapter 〈一〉 --- 立法概況 --- p.3 / Chapter 〈二〉 --- 司法機構 --- p.8 / Chapter 〈三〉 --- 對司法官員的限制 --- p.16 / Chapter 二 --- 立法精神 --- p.25 / Chapter 〈一〉 --- 體恤人民 --- p.25 / Chapter 〈二〉 --- 留心吏治 --- p.29 / Chapter 〈三〉 --- 因應需要 --- p.32 / 〈注釋〉 --- p.36 / Chapter 第二章 --- 州縣司法的實際情況 --- p.64 / Chapter 一 --- 治獄的程序 --- p.64 / Chapter 〈一〉 --- 投案 --- p.64 / Chapter 〈二〉 --- 驗獄 --- p.73 / Chapter 〈三〉 --- 審問 --- p.81 / Chapter 〈四〉 --- 囚禁 --- p.85 / Chapter 二 --- 冤獄的形成 --- p.91 / Chapter 〈一〉 --- 交差塞責 --- p.91 / Chapter 〈二〉 --- 貪汙舞弊 --- p.94 / Chapter 〈三〉 --- 私仇興訟 --- p.96 / 〈注釋〉 --- p.103 / Chapter 第三章 --- 中央與地方刑獄的關係 --- p.127 / Chapter 一 --- 中央與地方的連繫 --- p.128 / Chapter 〈一〉 --- 宋初政局與強幹弱枝政策 --- p.128 / Chapter 〈二〉 --- 刑法權收歸中央 --- p.133 / Chapter 二 --- 州縣司法的特質 --- p.136 / Chapter 〈一〉 --- 地域上的分別 --- p.136 / Chapter 〈二〉 --- 人事上的差異 --- p.143 / 〈注釋〉 --- p.160 / 〈結語〉 --- p.188 / 〈附錄〉一 --- p.192 / 〈附錄〉二　 --- p.219 / 〈附錄〉三 --- p.224 / 〈徵引書目〉 / 〈撮要〉

中國自一九七八年以來一直致力於法制現代化建設，但至今仍未能建立一個具有高度凝聚力和獨立性的法律共同體，國家與法律職業之間的關係依然緊張。職業主義並沒有隨著過去三十年的法律發展而成為改革的核心。在這種背景下，非職業化法律服務制度在中國的發展無疑值得進一步的關注與研究。 / 本文將分析國家在職業化與非職業化機制中所扮演的角色。在全面評估非職業化法律服務發展概況的基礎上，分析的焦點將放在基層法律工作者和非政府組織雇員這兩類重要的非職業化服務團體上。本文也將通過實證研究與比較研究的方法對這兩種類型的非專業人士進行深入的探討。 / 本文通過以上視角得出若干重要的啟示。第一， 非職業化法律制度的發展主要服務於國家控制的目標。第二，非職業化法律服務團體的生存與發展必須建立在滿足特定國家機構利益的前提上。第三，在本文所觀察的樣本中，非政府組織雇員比基層法律工作者更有效率。總體而言，國家在職業化和非職業化機制的形成與運作中都發揮了決定性的作用。 / Since 1978 China has been committed to modernizing its legal system, yet a cohesive and independent community of legal personnel is far from established and the tension between the state and the legal community remains high. Despite three decades of legal development, China has not truly made professionalism central to its reform agenda. Among many others, one noteworthy but understudied aspect is the widespread use of non-lawyers in the legal services system. / This dissertation aims to examine the role of the state in the making of professional and non-professional mechanisms in China. In addition to a holistic evaluation of non-professional legal services, the dissertation includes empirical studies and comparative analyses of the two most important groups of non-lawyers the government-sponsored basic-level legal workers and the non-lawyer staff of non-governmental organizations. / These perspectives reveal a number of important facts. First, the development of non-professional legal institutions mainly serves the purpose of state control. Second, non-professional groups are able to survive only by satisfying the bureaucratic interests of specific state agencies. Third, the staff of non-governmental organizations observed in this study appeared to perform more effectively than basic-level legal workers. Overall, the dissertation argues that the state dictates the formation and operation of both professional and non-professional mechanisms in China. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Pan, Xuanming. / "December 2012." / Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references. / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract and appendix 1 also in Chinese. / List of thesis entitled --- p.vi / List of Figures and Tables --- p.vii / INTRODUCTION --- p.1 / Structure --- p.3 / Literature Review --- p.5 / Chapter CHAPTER 1 --- LAWYERS, NON-LAWYERS AND THE CHINESE STATE: HISTORICAL BACKGROUND --- p.16 / Chapter 1.1 --- Litigation Masters: the Legal Occupation in Imperial China --- p.16 / Chapter 1.2 --- The Short-Lived Professionalization during the Republican Era --- p.18 / Chapter 1.3 --- The Communist Revolution Discontinuing Professionalization --- p.21 / Chapter 1.4 --- Political Turmoil (1957 - 1977) Destroying the Whole Legal System --- p.26 / Chapter 1.5 --- Restoration of the Legal System and Renaissance of the Legal Profession --- p.33 / Chapter 1.6 --- Conclusion --- p.40 / Chapter CHAPTER 2 --- NON-PROFESSIONAL DISPUTE RESOLUTION: THE CASE OF NON-LAWYERS’ MEDIATION --- p.42 / Chapter 2.1 --- Non-lawyers’ Mediation in Imperial China --- p.42 / Chapter 2.2 --- Non-lawyers’ Mediation as a Way of Communist State Building --- p.48 / Chapter 2.3 --- Judicial Professionalization and the Decline of Mediation --- p.57 / Chapter 2.4 --- A Growing Need of Social Control and the Re-emphasis on Mediation --- p.59 / Chapter 2.5 --- Conclusion --- p.64 / Chapter CHAPTER 3 --- NON-PROFESSIONAL LEGAL REPRESENTATION: THE CASE OF NON-LAWYER REPRESENTATIVES --- p.65 / Chapter 3.1 --- The Role of Non-lawyers in Civil Justice: Comparative Perspectives --- p.65 / Chapter 3.2 --- The Origins of Non-lawyer Representatives in China --- p.67 / Chapter 3.3 --- Authorizing Non-lawyer Representatives in the Civil Procedure Law --- p.70 / Chapter 3.4 --- Uneven Development, Regional Disparities and the Vagueness of Central Laws --- p.76 / Chapter 3.5 --- Regulating Non-lawyer Representatives at the Local Level --- p.85 / Chapter 3.6 --- Conclusion --- p.91 / Chapter CHAPTER 4 --- GOVERNMENTAL NON-LAWYERS: THE CASE OF BASIC-LEVEL LEGAL WORKERS --- p.93 / Chapter 4.1 --- The Origins and Development of the BLW System --- p.93 / Chapter 4.2 --- The BLW System as an Exceptionally Authorized Group of Non-lawyers --- p.98 / Chapter 4.3 --- The Ministerial Policies vs. the Law on Lawyers --- p.103 / Chapter 4.4 --- The Growing Need of Legalization for the BLW System --- p.107 / Chapter 4.5 --- The Failure of Legalization and Continued Local Support for the BLW System --- p.111 / Chapter 4.6 --- Conclusion --- p.115 / Chapter CHAPTER 5 --- NON-GOVERNMENTAL NON-LAWYERS: THE CASE OF NGO NON-LAWYERS --- p.118 / Chapter 5.1 --- The Development of Non-Governmental Organizations in China: an Overview --- p.118 / Chapter 5.2 --- Beyond the Official Perspective: Typology of Chinese NGOs --- p.122 / Chapter 5.3 --- A Case Study of Grassroots Labor NGOs in the Pearl River Delta --- p.125 / Chapter 5.4 --- A Further Examination of the Policy Environment and Survival Strategies of Labor NGOs in the Pearl River Delta --- p.133 / Chapter 5.5 --- Conclusion --- p.141 / Chapter CHAPTER 6 --- REPORT UPON FINDINGS OF THE FIELDWORK CONDUCTED WITH BASIC-LEVEL LEGAL WORKERS --- p.143 / Chapter 6.1 --- Focus of the Fieldwork and Account of the Methodology --- p.143 / Chapter 6.2 --- The Affiliation with the Local Government --- p.152 / Chapter 6.3 --- Human Resources --- p.156 / Chapter 6.4 --- Finances --- p.161 / Chapter 6.5 --- Duties and Work of the Basic-level Legal Workers --- p.165 / Chapter 6.6 --- Conclusion --- p.173 / Chapter CHAPTER 7 --- REPORT UPON FINDINDS OF THE FIELDWORK CONDUCTED WITH NGO NON-LAWYERS --- p.175 / Chapter 7.1 --- The Role of NGO Non-lawyers in the Legal Aid System --- p.175 / Chapter 7.2 --- Focus of the Fieldwork and Account of the Methodology --- p.178 / Chapter 7.3 --- Human Resources --- p.184 / Chapter 7.4 --- Financial Resources --- p.190 / Chapter 7.5 --- Services Available from the NGO Non-lawyers --- p.193 / Chapter 7.6 --- Conclusion --- p.212 / Chapter CONCLUSION --- p.214 / Chapter APPENDIX 1 --- THE INTERVIEW SCHEDULE FOR BASIC-LEVEL LEGAL WORKERS (ORIGINAL VERSION) --- p.219 / Chapter APPENDIX 2 --- A NOTE ON FIELDWORK LOCATIONS AND THE DEFINITION OF A CITY IN CHINA --- p.235 / Chapter APPENDIX 3 --- A NOTE ON LEGAL RULES CITED IN THIS DISSERTATION --- p.239 / BIBLIOGRAPHY --- p.245

published_or_final_version / Law / Master / Doctor of Legal Studies

published_or_final_version / Law / Doctoral / Doctor of Philosophy

published_or_final_version / Politics and Public Administration / Master / Master of Public Administration

The Basic Law of the Hong Kong Special Administrative Region established the legal and judicial systems of the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China. The courts of the HKSAR are vested under the Basic Law with the independent judicial power of the HKSAR, and are authorized to interpret the Basic Law. The common law based legal system is maintained in the new order under the Basic Law. The HKSAR courts have interpreted the Basic Law as the constitution of the HKSAR, and, using the traction provided by the constitutionalization of the Basic Law, made and filled for themselves the role of a constitutional check on the executive and legislative branches of government to ensure that they act in accordance with the Basic Law, with the constitutional jurisdiction to invalidate executive decisions and legislations found to be inconsistent with the Basic Law. This Thesis considers the exercise of judicial power in the HKSAR along three trajectories. The first tackles the challenges to the legality and legitimacy of the constitutional jurisdiction of the courts of the HKSAR to review legislations of the HKSAR, principally propounded by Mainland Chinese scholarship. The arguments set out in the most representative of such scholarship are each examined and rebutted. Nevertheless, the courts of the HKSAR are vulnerable to the exercise of the power of interpretation by the Standing Committee of the National People’s Congress (NPCSC) of certain provisions of the Basic Law touching upon the review of legislation and the adjudication of cases. The second concerns the relationship between the HKSAR courts and the coordinate branches of government of the HKSAR, namely the executive authorities and the legislature. Through an examination of the methodologies and procedures in which the HKSAR courts review legislation, it is found that they have calibrated and tempered the process of review, including the countering of justification with deference and the innovation in remedies, to palliate the effect of judicial scrutiny. The third examines the incidents where the exercise of judicial power in the HKSAR impinges upon a national law element under the Basic Law, the chief of which is the Court of Final Appeal making a reference of provisions of the Basic Law to the NPCSC for interpretation before final adjudication. The Court adopted strategies to resist the making of a reference to the NPCSC, taking a ‘second-best’ approach in limiting the effect and influence of Mainland legislative measures and legal theory in the HKSAR. It is possible for the Court to act as a last bastion of the autonomy of the HKSAR. This Thesis concludes with a cautious look at the erosive risks to the duty of the HKSAR courts to exercise constitutional jurisdiction posed by the findings above and the trend of indigenization of jurisprudence. The jurisprudence of the HKSAR must, in its own interest, stay cosmopolitan. / The Best PhD Thesis in the Faculties of Architecture, Arts, Business & Economics, Education, Law and Social Sciences (University of Hong Kong), Li Ka Shing Prize, 2010-11. / published_or_final_version / Law / Doctoral / Doctor of Philosophy

published_or_final_version / Law / Master / Master of Laws

published_or_final_version / Public Administration / Master / Master of Public Administration

published_or_final_version / Sociology / Master / Master of Social Sciences

published_or_final_version / Public Administration / Master / Master of Social Sciences