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Non-lawyers as legal resources for the state: issues, institutions and implications for China's legal reform. / CUHK electronic theses & dissertations collectionJanuary 2013 (has links)
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
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理性與傳統: 朱子的「主智工夫論」之證成與釐清. / Intellect and tradition: the justification and clarification of Zhu Xi's intellectualist methodology of self-cultivation / Justification and clarification of Zhu Xi's intellectualist methodology of self-cultivation / 朱子的主智工夫論之證成與釐清 / CUHK electronic theses & dissertations collection / Li xing yu chuan tong: Zhuzi de "zhu zhi gong fu lun" zhi zheng cheng yu li qing. / Zhuzi de zhu zhi gong fu lun zhi zheng cheng yu li qingJanuary 2009 (has links)
This thesis aims at investigating the two main elements of "intellect" and "tradition" in Zhu Xi's methodology of self-cultivation. About "intellect", chapter 1 and 3 argue that the core idea of Zhu's methodology is "to discriminate between right and wrong according to reasons". Therefore, the most important in "probing principle" is not "getting information", but "reflecting and examining the reasons of all things we face". Chapter 2 argues that "to discriminate between right and wrong" should be the starting point of Confucian self-cultivation. The only question is how it can motivate the actual moral practice, to complete the actual transformation of one's personality. To answer this question, chapter 3 clarifies the meaning of "being totally convinced by a reason": a moral belief which is confirmed as reasonable by the intellect, will necessarily originate an intention to act accordingly, the moral motivation is inside this intention. However, we should not ignore the importance of "tradition" in self-cultivation. Chapter 4 explains that for Zhu Xi, "to discriminate between right and wrong" needs reliable standards; they cannot come from any personal assertion, but only from the studying of tradition. Personal intellect does not operate in a closed space, but the space in which it can enter into dialogue with the traditional wisdom. The interaction between intellect and tradition is the ideal learning way in Zhu Xi's mind. / 吳啓超. / Source: Dissertation Abstracts International, Volume: 70-09, Section: A, page: . / Thesis (doctoral)--Chinese University of Hong Kong, 2009. / Includes bibliographical references (p. 216-220). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstracts in Chinese and English. / School code: 1307. / Wu Qichao.
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Concepts of female sexuality in Hong Kong.January 2011 (has links)
Wang, Guan. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2011. / Includes bibliographical references (p. 169-172). / Abstracts in English and Chinese ; includes Chinese. / Abstract --- p.i / 論文摘要 --- p.i / Declaration of Anonymity and Confidentiality --- p.ii / Chapter Chapter 1 --- Introduction --- p.1 / Chapter Chapter 2 --- The Moralists --- p.25 / Chapter Chapter 3 --- The Mainstreams --- p.73 / Chapter Chapter 4 --- The Radicals --- p.110 / Chapter Chapter 5 --- Conclusion --- p.140 / Chapter Appendix: --- Interview Protocol --- p.167 / References Cited --- p.169
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Journalists' estimation of the impact of sensationalism in newspapers: a third-person effect analysis.January 1996 (has links)
Wan Ching Kwan, Carol. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1996. / Includes bibliographical references (leaves [70]-[71]). / Questionnaire also in Chinese. / Acknowledgement / Abstract / Chapter Chapter 1: --- Introduction --- p.1 / Chapter Chapter 2: --- Theoretical Framework and Literature Review --- p.6 / Third-Person Effect Hypothesis --- p.6 / Sensationalism --- p.18 / Non-sensational News --- p.20 / Chapter Chapter 3: --- Rationale and Hypotheses --- p.25 / Hypotheses --- p.28 / Chapter Chapter 4: --- Methodology --- p.32 / Measurement and Procedures --- p.32 / Chapter Chapter 5: --- Findings --- p.36 / Subjects --- p.36 / Descriptive Findings --- p.37 / Findings of Other Statistical Tests --- Hypothesis 1 and Hypothesis2 --- p.41 / Negative and Positive Third-Person Effect --- p.44 / Negative Reverse Third-Person Effect and Positive Reverse Third-Person Effect --- p.45 / Findings for Hypothesis3 --- p.47 / Findings for Hypothesis4 --- p.48 / Differences Between Popular Newspaper Journalists and Elite Newspaper Journalists --- p.49 / Working Experience in the Journalism --- p.50 / Length of Service in the Present Organisations --- p.51 / Job Levels --- p.52 / Age --- p.53 / Other Demographics --- p.53 / Chapter Chapter 6: --- Discussion --- p.55 / Perception of Media Impact --- p.55 / Negative Third-Person Effect --- p.56 / Level of Education and the Estimation of the Media Impact --- p.58 / Estimation of Media Impact and the Support for the Improvement of Professional Standard --- p.59 / Differences Between Popular Newspaper Journalists and Elite Newspaper Journalists --- p.61 / Self-perception of the Journalists --- p.62 / Length of Service in the Present Organisations --- p.64 / Other Demographics --- p.64 / Chapter Chapter 7: --- Conclusion --- p.67 / Bibliography / Appendix I English Questionnaire / Appendix II --- Chinese Questionnaire
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Is there a relationship between Chinese culture and attitudes to business ethics?.January 2002 (has links)
by Greenslade, Leith Maree. / Thesis (M.B.A.)--Chinese University of Hong Kong, 2002. / Includes bibliographical references (leaves 73-76). / Questionnaire also in Chinese. / ABSTRACT --- p.ii / TABLE OF CONTENTS --- p.iii / LIST OF TABLES --- p.v / ACKNOWLEDGEMENTS --- p.vi / Chapter / Chapter I. --- INTRODUCTION --- p.1 / Chapter II. --- LITERATURE REVIEW --- p.5 / Culture and Business Ethics --- p.5 / Chinese Culture and Business Ethics --- p.7 / Chapter III. --- METHODOLOGY --- p.13 / Research Design --- p.13 / Sampling --- p.15 / Data Collection --- p.16 / Chapter IV. --- ANALYSIS --- p.17 / Scenario 1: Bribery --- p.20 / Scenario 2: Competition --- p.24 / Scenario 3: Product Liability --- p.28 / Scenario 4: Environment --- p.31 / Scenario 5: Whistle Blowing --- p.34 / Scenario 6: Financial Transparency --- p.37 / Scenario 7: Intellectual Property --- p.41 / Scenario 8: Gender --- p.44 / Scenario 9: Ethical Reasoning Ranking --- p.48 / Chapter V. --- FINDINGS --- p.54 / Chapter VI. --- LIMITATIONS --- p.60 / Chapter VII. --- CONCLUSIONS AND RECOMMENDATIONS --- p.61 / APPENDICES --- p.70 / Chapter I. --- Hofstede China Analysis --- p.70 / Chapter II. --- English Survey --- p.71 / Chapter III. --- Chinese (Putonghua) Survey --- p.72 / BIBLIOGRAPHY --- p.73
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Teachers' perceptions of professional ethics in Hong KongNg, Chi-hung., 吳志雄. January 1994 (has links)
published_or_final_version / Education / Master / Master of Education
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The relationship of Chinese cultural values and people's attitude towards corruption in Hong KongFung, Siu-wai, Winnie., 馮兆慧. January 1998 (has links)
published_or_final_version / Sociology / Master / Master of Social Sciences
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An analysis of ICAC's liasion policy: business ethics campaignCheung, Wing-chung., 張永松. January 1995 (has links)
published_or_final_version / Public Administration / Master / Master of Public Administration
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南宋兩浙路地區家訓研究 =A study of Liangzhe district's family precepts in the Southern Song dynasty / Study of Liangzhe district's family precepts in the Southern Song dynasty肖曉 January 2017 (has links)
University of Macau / Faculty of Arts and Humanities / Department of Chinese
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Breaking the silence: a post-colonial discourse on sexual desire in Christian community.January 2000 (has links)
Ng Chin Pang. / Thesis (M.Div.)--Chinese University of Hong Kong, 2000. / Includes bibliographical references (leaves 85-91). / Abstracts in English and Chinese. / Acknowledgments --- p.i / Abstract --- p.iii / Chapter Chapter1 --- Introduction --- p.1 / Chapter Chapter2 --- Theories on Sex and the Emergence of Sexual Identity --- p.4 / Chapter 2.1 --- "Origins and Development on the Concept of Sex in the ""Western"" World" / Chapter 2.1.1 --- Augustine's Notion on Sexual Desire / Chapter 2.1.2 --- Protestant Theology of Sex / Chapter 2.1.3 --- "Emergence of ""Western"" Sexual Identity" / Chapter 2.2 --- The Concept of Sexual Desire in China / Chapter 2.2.1 --- The Discourse of Sexual Desire in Late Imperial China / Chapter 2.2.2 --- Transformation of Sexual Identity in Modern China: Male Homosexuality as the Verdict / Chapter Chapter3 --- Queer Theory- a Post-colonial Perspective --- p.38 / Chapter 3.1 --- Postcolonial Theory as a source of Theology Discourse / Chapter 3.1.1 --- From Colonialism to Post-colonialism / Chapter 3.1.2 --- Building a Hybridized Sexual Ethics / Chapter 3.2 --- Queer Theory as a Source of Theology Discourse / Chapter 3.2.1 --- Queer Theory and Queer Politics / Chapter 3.2.2 --- Queering the Socially Constructed Sexual Identities / Chapter Chapter4 --- A Post-colonial Sexual Theology --- p.59 / Chapter 4.1 --- The Modes of Discourse / Chapter 4.1.1 --- Transgressive Metaphors / Chapter 4.1.2 --- Hybrid Sexual Theologies / Chapter 4.2 --- A New Framework about Sexual Desire / Chapter 4.2.1 --- Building our Relations in Erotic Desire / Chapter 4.2.2 --- Beyond Sexuality and Spirituality Dichotomy / Chapter 4.3 --- Conclusion: Building an Inclusive Community / Bibliography --- p.85
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