Chinese Civil Research Articles

Gender inequality in Chinese Civil Service System: Dilemma Faced by the Female in the VUCA world

The role and socio-economic status of women in the public/private sphere are deeply influenced by a country’s historical, political, economic, and social policy development. In today’s VUCA era, the pattern of gender inequality still highlights women’s disadvantages in education, employment, social security treatment, and political participation. In such a volatile, uncertain, complex, and ambiguous era, Asian women prefer the relative stability and security of the civil service in their employment choices. Still, they are often disadvantaged in the workplace due to gender discrimination. Despite the measures taken by the Chinese government, the important goal of achieving social equality between men and women has remained an unfinished political agenda due to the lack of a holistic redistributive mechanism that promotes gender equality. In the future, the awakening of women themselves and the development of gender mainstreaming strategies and social policies will have a profound impact on the realization of gender equality in China.

The Impact of Inflation on Commercial Banks in China

Abstract: Inflation is an important issue that affects the profitability and operational stability of commercial banks. Conducting an in-depth analysis of these influences while putting forward effective countermeasures can be beneficial to ensuring the stable operation of commercial banks. This paper focuses on the period from 1937 to 1949 where the Second Sino-Japanese War and the Chinese Civil War, which had contributed to severe inflation and disrupted the banking sector, and the formation of the modern Chinese banking system. This study critically examines the main causes behind inflation, evaluates their implications on the functioning of commercial banks. It also assesses both the positive and negative impacts on commercial banks, pointing out the challenges commercial banks face during different periods. For example, the market turmoil and policy changes in the 1940s have made it difficult for commercial banks to retain normal operation; therefore are suffering from making profits and inflation has made the situation even worse. In addition, this paper provides short-run and long-run strategies for reducing the negative effects of inflation, with consideration of Chinas unique economic structure and historical context. By integrating insights from historical and contemporary perspectives, this analysis aims to offer valuable views on the micro and macro impacts inflation could bring.

Comparison of Judgment Document Information Between China and Russia Based on Corpus

The study of legal comparisons has become particularly important as the number of foreign-related legal disputes has increased dramatically with the growing number of cross-border trade. This study discovers the differences and similarities between Chinese and Russian judgment documents and provides a linguistic basis for the academic theoretical researches and the call for linguists to enter the courtrooms by establishing a corpus of Chinese and Russian judgement documents, quantifying and analysing the Chinese and Russian judgement documents based on the Legal Discourse Information Theory. It can be found that the macro-structure of civil ruling documents is clearer but does not provide more micro-information. By adding language elements, it can be seen that there are more information points and information components in Russian criminal judgment documents. The information points in Chinese civil judgment documents are more concentrated than in Russian civil judgment documents, while they are more similar in terms of the proportion and type of information components.

Agreements on Release of Contractual Liability of Entrepreneurs in Russia and China

This article is devoted to a comparative analysis of the provisions of the civil codes of the Russian Federation and the People’s Republic of China regulating the conclusion of agreements on the release or limitation of civil liability. In the context of active trade and economic cooperation between Russia and China, the issues of proper fulfillment of contractual obligations by each of these partners are placed at the forefront of the negotiations. However, the parties may, by means of an agreement between them, provide for cases of exemption from liability in order to minimize their risks from entrepreneurial activity. The authors of this article explore the legal nature and conditions for the conclusion of such agreements, as well as examine the essence of agreements on the release or limitation of liability for an intentional breach of obligation or as a result of gross negligence. A comparative analysis of the provisions of Russian and Chinese civil law leads the authors to conclude that there is a significant similarity in the legal regulation of agreements on exemption from liability for breach of contractual obligations due to the influence of European civil law In addition, the limits of establishing contractual conditions regarding limitations and exemption from liability in accordance with the principle of freedom of contract are examined. Furthermore, the article discusses the recent changes and modifications to the civil laws of Russia and China. These improvements can be used by business partners of the Russian Federation and the People’s Republic of China who are engaged in trade and economic cooperation with these countries when concluding and executing agreements. The results of this study can also be used to study the problems surrounding exemptions from civil liability in contractual obligations in order to further improve the legislation.

Faithfulness Fails to Fix it All: A Corpus-Driven Investigation into English Translation Issues in Abstracts of Chinese Civil Engineering Research Articles

The primary concern in translating research article abstracts into English is to ensure accuracy and efficiency. This study established two corpora: CCEJAC (Chinese Civil Engineering Journal Abstract Corpus) and ICEJAC (International Civil Engineering Journal Abstract Corpus). The paper applied Hyland’s five-move model and established ten sub-corpora for comparative studies of equivalent moves in CCEJAC and ICEJAC. It was observed that CCEJAC and ICEJAC differ in both lexical and syntactic levels. Specifically, differences were found in the use of general academic vocabulary and bundles, as well as in sentence length and focus. It can be concluded that translation versions in CCEJAC prioritize preserving the literal meaning and the original sentence structures, which may end in undesirable outcomes. These contrasts are the main factors contributing to English translation issues. To address these, this study thoroughly investigated the English translation issues in each move in CCEJAC. The aim is to refine English versions of abstracts to be more concise and practical, in a bid to further facilitate academic communication between Chinese and international scholars in the field of civil engineering.

The Significance of Service Etiquette Training on the Career Development of Contemporary Chinese Civil Aviation Students

The Significance of Service Etiquette Training on the Career Development of Contemporary Chinese Civil Aviation Students

Developing a balanced strategy: A multi-objective model for emissions reduction and development of civil aviation in China

Due to the impact of COVID-19, China's civil airlines face an urgent imperative: to devise strategies that reconcile their development goals with the imperative of reducing emissions. Consequently, we have developed a multi-objective model that assesses the trade-offs between mitigation efforts and developmental pursuits. Furthermore, we have established future recovery and development scenarios for the post-epidemic era, with a specific focus on two major Chinese civil airlines selected for comprehensive case studies. Results show that: Our model can be used as a reference for airlines when deciding to introduce aircraft types and to purchase SAF fuel, and it can also offset the impact of rapidly rising airline costs due to fuel and aircraft type prices; In the scenario of considerable development of the operational level, the optimal investment strategy of the case companies would introduce mainly two types of aircraft, the A320NEO and the B737MAX8, which account for about 28.2 percent and 32.6 percent of the proportion of the types of aircraft introduced in the year. The results of the sensitivity analysis show that the main factor affecting the use of sustainable aviation fuel (SAF) by civil aviation enterprises is the SAF supply cap. Only when the supply ceiling is increased by 90 % does the SAF usage rate change significantly with the SAF price. Finally, policy proposals are made on the use of clean fuels, the introduction of aircraft types and the resumption of the development of aviation companies.

Intimate Utopias: anti-politics in Chinese civil society

Intimate Utopias: anti-politics in Chinese civil society

Optimizing the Performance of Window Frames: A Comprehensive Review of Materials in China

As the construction industry places increasing emphasis on environmental conservation and sustainability, this trend has spurred profound research into the optimization of door and window performance. One of the critical components of windows is their frames. Over the past several decades, the design of window frames has undergone significant innovations, ranging from introducing new materials to novel design concepts. The performance of window frames is typically influenced by materials, structural design, and the surrounding environment. Consequently, this paper analyzes the common window frame materials in Chinese civil buildings through investigation. It explores commonly used types of window frames available in the market, focusing on their materials and structural designs. It analyzes issues observed during their usage, integrates findings from existing research, and discusses the performance of window frame materials. Additionally, it explores improvement strategies to meet the evolving demands of contemporary and future architectural doors and windows, providing valuable reference points for designers. Finally, approaching the discussion from a sustainable development perspective, the paper evaluates the environmental impact of wood, aluminum alloy, polymer, and composite window frame materials. It emphasizes that wood- and aluminum-clad wood windows represent sustainable options with versatile applications in diverse scenarios.

중국 민사소송에서의 온라인 증언 방식에 관한 연구

The role of witnesses in uncovering the truth of a case is very important, and witness appearances in court hold significant meaning in civil litigation. However, witnesses often hesitate to appear due to a lack of time or the court being located far away. Additionally, fear of retaliation from the parties involved leads many witnesses to refuse to testify in court. This results in a low rate of witness appearances, which is recognized as a serious issue in Chinese civil litigation. The advancement of internet technology offers a solution to this problem. By allowing witnesses to testify online, it saves time and costs associated with testifying, and reduces direct contact between witnesses and parties, effectively protecting the safety of witnesses. Therefore, this method of online testimony provides a potential solution to increase witness court appearance rates. However, the current online testimony method has issues such as unclear nature, difficulty in accurately verifying witness identity, and challenges in ensuring the credibility of the testimony. To resolve these issues, it is first necessary to legally clarify the online testimony method as a form of court appearance testimony. Additionally, measures to strengthen the verification of witness identity should be implemented. For example, legislative measures to clearly define penalties for identity theft of witnesses, reinforcing judges' obligations to verify identities, and directly connecting online litigation platforms with systems of third-party agencies like police and administrative authorities to facilitate thorough identity verification. Such measures will prevent identity theft and accurately confirm the identity of witnesses, thus protecting the legitimate rights and interests of parties and enhancing the fairness and efficiency of litigation. Furthermore, to strengthen the credibility of testimony, the following measures can be considered: 1. Establish an online oath system for witnesses, ensuring they understand the legal consequences of false testimony. 2. Emphasize the importance of adhering to court order, ensuring that witnesses follow the same rules online as they would in an offline court. 3. Adhere to the principle of isolated examination, preventing witnesses from being influenced by other witnesses or participants. 4. Utilize the cross-examination method from common law systems to enhance the credibility of testimonies. In conclusion, the method of online testimony can be a useful tool to increase witness court appearance rates, but effective utilization requires legal, technical, and institutional improvements.

An Analysis of Performance Appraisal in China from The Perspectives of Scholars

The importance of performance appraisal is widely acknowledged, and its implementation varies from country to country. China's performance evaluation is conducted once a year, and a new version of the civil service evaluation system will be developed in 2020. This study examines academic perspectives on performance appraisal in China, which often vary in approach, content, incentive structures, and outcomes. Due to the lack of accuracy and subjectivity, the concept of "unscientific indicator design" in China has been greatly criticized. Chinese civil servants must have a high ideological and political quality, strong working ability, maintain a good work style, outstanding work performance, and achieve excellent results in the annual assessment. These criteria have a wide range and have the potential to lead to unfair evaluations that can negatively impact employee motivation. Many experts put forward opinions and suggestions on improving the content of performance appraisal in China; The Dutch academics suggest a transparent and detailed workflow system for registering and measuring performance, while the Brazilian academics suggest that employee performance should be taken seriously during evaluation. This requires recognizing strengths and weaknesses, making suggestions for improvement, and identifying their career prospects based on the results of the performance review. This study mainly examines the scholars' views on the similarities and differences of performance evaluation. In addition, it assesses current concerns within the appraisal system. This data will provide the basis for the exploration and development of broader, more scientific and logical performance evaluation systems.

VII. Eine Entwicklungsgeschichte des chinesischen Familien- und Erbrechts im Lichte der Rezeption des deutschen BGB

Summary In contrast with China’s several millennia of civilization history, its history of civil law legislation had not started until the late Qing-Dynasty (1911). This discrepancy stood out prominently in the correlated areas of the family law and inheritance law due to China’s cultural features and the compatible cultural awareness of its people, which had naturalized and legitimized their practices in both areas. Actually, in no other areas had the cultural consciousness, the deep-rooted cultural psychology and the consciousness-driven behavioral patterns of the Chinese families and individuals been more profoundly shaped by the rules of rites and etiquette, the ethical rules and the patriarchal clan system, central customary-legal elements enshrined in the Chinese history. As its key achievement, the legal modernization in the late Qing period (1902–1911) brought forth the Civil Code of the Qing- Dynasty (ZGE), the first such milestone in China’s legal history, initiating the civil law legislation in China. With regard to China’s special legal-historical and legal-cultural background, the drafters of the ZGE – especially its family and inheritance law – had to revolutionarily modernize the Chinese civil law, while at the same time, transferring certain traditional cultural legacies. This could not have been possible without adopting the German Civil Code (BGB) as the primary foreign codification model, especially from the legal-technical, legal-systematic and legal-dogmatic perspective. Ever since then, the evolution of the Chinese civil law has been closely connected with the adoption of the BGB, while the history of the former runs parallel to the history of the latter. The influences of the BGB on China’s major civil law codifications, including also the Civil Code of the Republic of China (1929–1931) and the PRC Civil Code (2020), have been significant and continuous. It is legal-historically insightful to probe into these influences while examining the evolutionary history of the Chinese family and inheritance law ever codified since the ZGE, and, accordingly, retracing and closely analyzing the pre-modern state of both areas.

Civil Diplomacy and Civil Society Breaking the Traditional Diplomatic Model: A Case Study of Civil Organizations and Civil Diplomacy in Chinese Society

Civil society organizations and Civil Diplomacy are some of the important research contents of diplomacy, as well as the emerging diplomatic groups and organizations in the post-epidemic era. Broadly speaking, civil society organizations refer to social intermediary organizations other than government parties, enterprises, and institutions. The development of China’s civil diplomacy is a multi-dimensional and multi-level process, that plays an important role in China’s diplomatic system, and its development not only reflects the changes in China’s relations with the world but also the transformation of China’s foreign policy and the construction of great power diplomacy with Chinese characteristics. In the past, national and international organizations that participated in diplomatic activities in the image of the state did not have the figures of civil organizations. After the epidemic, more and more civil organizations express their political positions and values through the power of public opinion and the media to indirectly change the pattern of the international community, and use their power to enhance the soft power of official diplomacy, which has become an indispensable voice and force in today’s international community. Here, this paper will take Chinese civil diplomacy and civil society as examples to analyze the reasons, impacts, and prospects of the development of civil diplomacy in international governance.

Incorporation Control of Standard Terms: The Approaches of Chinese Civil Code

With the advantages of governing an enormous range of transactions and improving the efficiency, standard terms are increasingly being applied to commercial transactions nowadays. The standard terms refer to the non-negotiated terms presented to consumers on a take-it-or-leave-it basis and the incorporation control refers to whether the standard terms can become a part of the contract. In this paper, the author adopts the article analysis method, the comparative study method and the case analysis method to interpret the Chinese latest legislation on the incorporation control of standard terms. According to Article 496(2) of the Civil Code of the Peoples Republic of China, the incorporation control includes following five elements: (1) determining rights and obligations in accordance with the principle of fairness, (2) the providers obligation of calling attention, (3) the providers obligation of giving explanations, (4) the commitment of the counterparty, (5) the legal effect of violating the incorporation control.

中国民法与宪法关系认知争论与反思

中国民法与宪法关系认知争论与反思

The View from Japanese-occupied Nanjing

A Chinese intellectual and political activist, Kiang Kang-hu was chair of the Department of Chinese Studies at McGill University in the 1930s. In the following 1940 lecture, Kiang provides an introduction to Canada for an audience of Chinese civil servants. By this time, Kiang had returned to China’s fallen capital, Nanjing, and taken office in a Japanese-backed occupation state. Although Chinese historiography has typically cast collaborators such as Kiang as traitors, Kiang’s analysis of his time in Canada offers grounds for understanding why those in Nanjing despaired of the West in their struggle against the Japanese Empire. Kiang’s lecture is introduced and translated by Jonathan Henshaw.

The Effects of Work-Family Conflict and Work-Family Support on Job Performance of Chinese Grassroots Civil Servants

Objective: As an important and special professional group in Chinese society, the career development of grassroots civil servants has received much attention. With the development of information technology and the strengthening of workplace competition, new conflicts between work and family continue to intensify, and their conflict issues have received widespread attention. Theoretical framework: This study focuses on grassroots civil servants and explores the impact of work family relationships on job performance. Theoretical assumptions are proposed based on management science theory and previous research on the relationship between variables. Method: Obtain survey data and interview response texts through questionnaire surveys and semi-structured interviews. The proposed hypothesis was validated based on quantitative and qualitative analysis methods. Results and Conclusion: The empirical results indicate that the quality and balance of work family relationships have a significant impact on job performance, and work engagement and job burnout play a mediating role in the influencing process. Implication of the Study: The research results enrich the systematic exploration of the specific context of work family relationships and the impact of groups on work behavior, which is conducive to improving humanized and organized management mechanisms, providing guidance for the practice of work family coordination and division of labor within the grassroots civil servant team. Originality/Value: The study aims to improve the living and development environment of grassroots civil servants, and stimulating deep work motivation.

Exploration of Making the Mediation in Advance System in Article 125 of Chinese Civil Procedure Law Mandatory and Comment on the German Pre-litigation Mandatory Mediation System

Exploration of Making the Mediation in Advance System in Article 125 of Chinese Civil Procedure Law Mandatory and Comment on the German Pre-litigation Mandatory Mediation System

Evolution of Intangible Property to Crypto Assets: Legal Pragmatism in Anglo-American Common Law and Chinese Civil Law

Abstract The emergence of crypto assets, a novel category of assets, has posed significant challenges to property law across various legal systems. The integration of these intangible assets into property law frameworks proves to be complicated for many civil law jurisdictions, which tend to adhere to dogmatic approaches. In contrast, Anglo-American common law and Chinese civil law systems, despite their divergent origins, have exhibited legally pragmatic responses to intangible property, including crypto assets. By examining the development of their property laws concerning property conceptualization and the treatment of emerging intangible assets, this article explores how the historical foundations of Anglo-American common law in feudal tradition and Chinese civil law in communist ideologies have fostered adaptable and flexible notions of property. This adaptability is argued to be a strength within both the Anglo-American common law and Chinese civil law systems, enabling them to accommodate innovative intangible assets more easily compared to their civilian counterparts.

A study on the interaction between civil business groups and the state from the perspective of public sphere theory—A comparison between the Shanghai branch of the China association and the Philippine Chinese charitable association Inc.

This article attempts to use public sphere theory as a starting point to compare the behavior of the British government in protecting the interests of British business in China in the 19th century with the Chinese government’s neglect of the interests of Chinese business in the Philippines. Mill’s method of finding identities will be used. This article uses the Shanghai Branch of the China Association and the Philippine Chinese Charitable Association Inc. as representatives of civil business groups in the UK and China. For the UK, due to the public sphere of competition with the central government within the UK, civil business groups must consult with relevant civil business groups when implementing any economic foreign policy. This process promotes consensus between the British government and society to promotes the British government’s determination to maintain British business in China. However, for China, due to the absence of a public sphere where the central government interacts with society, even though Chinese civil business groups have huge interests overseas, the state and society have always been unable to form a positive interaction. At the same time, this situation also results in Chinese business in the Philippines having to rely on their abilities to maintain their local interests.