Chinese Civil Research Articles

Empirical Research on Article 1088 of the Civil Code: The Divorce Domestic Labor Compensation System

With the development of society and the increasing average educational level of women, the division of labor within families and society should be redefined. However, due to the influence of traditional Chinese culture and long-standing customs, the majority of people still adhere to the idea of men being breadwinners and women being responsible for domestic duties.This contradiction in societal perceptions results in various social issues, such as a rise in womens reluctance to marry, an increase in divorce rates, and a decline in birth rates. Among these issues, domestic labor plays a significant role in family dynamics. In response to this, Article 1088 of the Chinese Civil Code has been updated to elevate the importance of domestic labor in society, particularly in the context of divorce and the compensation system associated with it. However, through an analysis of 228 legal judgments, the author believes that there are certain problems with the formulation of Article 1088, which prevent it from achieving its legislative intent, i.e., providing protection and benefits for those burdened with significant domestic labor responsibilities. The author suggests that the domestic labor compensation system and its related regulations still require further improvement. Drawing comparisons with similar systems in other countries, the author puts forward recommendations for the enhancement of Article 1088.

The Psychological Impact on Chinese Pilot Students During the Pandemic – The Lesson Learned

This study was intrigued by routine onsite observation among pilot students who were concerned about the market downturn during the pandemic and career uncertainty in the post-pandemic time. The purpose of this study was to discover how COVID-19 affected pilot students and how they reacted and were accustomed to the pandemic regulations. Human Factors, psychological issues, and the status of safety culture were also surveyed. Purposive sampling was used to select two Chinese Civil Aviation Regulation (CCAR) Part 141 flight schools to participate in an online survey. The Cronbach’s alpha, and Spearman’s Correlation Coefficient were calculated. The findings exemplify the emergence of Human Factors and psychological issues, while the flight school’s safety culture remains strong. Simultaneously, the result of this study provides a reference for stakeholders at flight training institutes for coping with future similar crises.

Going out and going green: NGOs in the environmental governance of Global China

ABSTRACT While the roles of actors such as the state and state-owned enterprises within “Global China” elicit significant scholarly attention, non-governmental organizations (NGOs) are relatively less critiqued. These members of Chinese civil society are playing an increasingly important role in the environmental governance of the country’s overseas activities. By analyzing firsthand observations and interviews and secondhand materials produced by NGOs and the Chinese government, this article traces how and why Chinese NGOs seek to “green” China’s engagement beyond its borders. First, we identify four types of Chinese NGOs with a variety of state- and non-state founders. Then, we examine how NGOs’ objectives and state policies jointly shape the way they “go out.” As both knowledge and political actors, Chinese NGOs accumulate, produce, and disseminate knowledge related to Global China’s environmental issues, across domestic and international spaces. Though the specific strategies pursued by NGOs depend on their type, overall, their alignment with Chinese state policies and interests constitutes a crucial condition for their success. This research offers new insights into Chinese non-state actors’ expanding participation in international activities. As the country’s civil organizations endeavor to exert influence both within and beyond China’s borders, the effects of their interventions on global governance may grow.

Financial Analysis on Air China Limited

The outbreak of COVID-19 has caused a significant decline in the aviation service industry's operating conditions due to the decrease in people's travel volume. This study conducts a fundamental performance analysis of Air China, in comparison with China Southern and China Eastern Airlines, using critical accounting analysis and data disclosed in the 2021 annual financial statements. The analysis includes liquidity, solvency, efficiency, and return on investments, providing a measurement of the potential of Air China in the Chinese civil aviation industry in the post-pandemic era. The study provides suggestions for investors based on the value of Air China. The results of the analysis show that Air China has maintained good liquidity with a current ratio of 0.51, indicating that the company can meet its short-term liabilities. Solvency analysis indicates that the company has a debt-to-equity ratio of 1.05, which is lower than China Southern and China Eastern Airlines, indicating that Air China has less financial risk. The efficiency analysis shows that Air China has a better asset turnover ratio than its peers, indicating better management of its assets. Return on investment analysis indicates that Air China has a better return on equity than other two competitors, indicating a higher potential for investor returns. Overall, the study suggests that Air China has the potential to perform well in the Chinese civil aviation industry in the post-pandemic era. Investors should consider Air China as a viable investment option, given its good liquidity, solvency, efficiency, and return on investment.

From “Unification” To “Independence”: The Change of Taiwan’s Authorities’ Positioning on Cross-Strait Relations under The Rise of Emerging Middle Class

After the Chinese Civil War, Taiwan went through a process of profound structural change in its economy towards industrialization, which was most characterized by the growing power of the middle class under an industrialized society, a power that in turn acted on Taiwanese society and pushed forward the process of democratization in Taiwan. Contrary to the booming economy of Taiwan, the international status of the region has been in tatters. After the Restoration of the lawful rights of the People's Republic of China in the United Nations, the Taiwan authorities have completely lost the international recognition of representing the whole of China, and the legitimacy of the martial law rule based on this has been gradually eroded. With the authoritarian rule in danger, the society of Taiwan is in urgent need of reforms. The emergence of a large and self-centered middle class became an important stimulus for Taiwan's democratic transition, and the 1980s saw the rise of social movements in Taiwan, with the idea of "Taiwan's independence" being raised more and more frequently in the course of exchanges with the Kuomintang (KMT) authorities. This paper will use stimulus-response theory to examine how the stimulus of the rise of the emerging middle class has affected the evolution of the Taiwan authorities' positioning of cross-strait relations from "unification" to "independence", and finally draw the conclusions of this paper.

On the Illegality and Regulation of Algorithmic Price Discrimination in China's Digital Economy

The legal issue of algorithmic price discrimination sparked by the in-depth use of big data and algorithm techniques has emerged as a significant concern in the development of China's digital economy. Although Chinese law has implemented many regulations on the collection and protection of personal information, data security and governance, as well as on price discrimination, instances of algorithmic price discrimination have arisen in judicial practice. The legal issue surrounding algorithmic price discrimination has not yet been fully resolved. Legal studies in China on this issue mainly uses "big data killing" or "algorithmic price discrimination" to define it. Regarding the legal classification and regulation of algorithmic price discrimination: the Anti-Monopoly Law's regulatory measures are limited from a competition law standpoint. Instead, Anti-Unfair Competition Law provides a more appropriate framework. As for civil law, the question of whether the algorithmic price discrimination qualifies as a civil tort still requires discussion; nevertheless, it satisfies all the constitutive elements of fraud in Chinese civil law.

Analyse Comparative / Comparative Perspectives

The legislation of civil procedure in China has been deeply influenced by the civil law system represented by Germany. However, China has quite a different attitude towards the application of information technology in civil justice, which is typically reflected in the adoption of remote civil courts. Research from perspectives of history, theory and comparative law can shed light on why China has chosen to proactively embrace judicial technology. Chinese civil justice is still at a very preliminary stage, and it is only able to provide basic-quality judicial justice due to various reasons including: (1) principles of orality and immediacy are not stipulated by legislation; (2) the principle of publicity is characterised with “broadness and arbitrariness”; (3) judicial rituality or formality is not fully valued; (4) courts are facing constant political pressure to provide high-quality judicial services; and (5) courts are facing an overload of cases, a shortage of qualified judges and insufficient public trust. With the adoption of appropriate reforms by drawing on experience of German law and local practice in China, it is expected that Chinese courts will be able to improve the quality of judicial services from a basic to a medium level.

Occupational stress and mental health among civil servants during COVID-19 in China: The mediation effect of social support and work-family conflict

Mental health problems of various populations during the COVID-19 pandemic have received high attention, but there is little research on the mental health of Chinese civil servants. The present study investigated occupational stress, mental health problems (i.e., anxiety, depression, and insomnia), social support, and work-family conflict in Chinese civil servants during the COVID-19 pandemic. A total of 327 civil servants in Wenzhou city, China, participated in an online survey, which collected data on socio-demographic characteristics, occupational stress, mental health problems (i.e., anxiety, depression, and insomnia), social support, and work-family conflict. Data were analyzed using non-parametric tests and a multiple mediation model. Self-reported risk at work and support from mental health workers were relatively low. Anxiety, depression, and insomnia prevalence were 49.24 %, 47.1 %, and 20.48 %, respectively. Those who held higher ranks at work had lower levels of anxiety and depression. In addition, those who felt bad about their health status had more mental health problems. Social support and work-family conflict mediated the relationship between occupational stress and mental health problems significantly. Stress management training, organizational-level improvement in work arrangements, and professional mental health services are warranted for Chinese civil servants during the pandemic.

Research on Relevant Issues Regarding the Creditor’s Right of Revocation in the Chinese Civil Code

The creditor’s right of revocation is an important aspect of the debt preservation system. Regarding the legal effects of and approaches to realizing this right, there are various interpretations in the theoretical realm and inconsistencies in judicial practice. From a legal effects perspective, the creditor’s right of revocation in nature is not solely a right of formation, but also contains elements of a right of claim. In an action for the creditor’s revocation right, the creditor can simultaneously request the counterparty to assume the civil liability to the debtor as a result of the revocation of the act, such as returning property, providing compensation, or fulfilling overdue debts. In terms of the approaches to realizing the right, the creditors can directly apply for compulsory enforcement based on an effective judgment arising from their litigation or revocation litigation with the debtors to realize their rights against the debtors. Generally, there is no need for a combined exercise of the right of revocation with the subrogation right. However, in special circumstances, allowing the two rights to be exercised together can strengthen the protection for the creditors.

Interpretation of Exercising Rights to Rescind Voluntary Guardianship Agreements under the Chinese Civil Code

The Article 33 of the Chinese Civil Code provides written voluntary guardianship agreements and the Article 11 of the newly issued Interpretation provides arbitrary rescission rights and statutory rescission rights concerning the agreements. Some aspects related to exercising the rescission rights including fiduciary relationship, time limit, legal effects and circumstances, are interpreted in detail in this paper firstly and then rescission rights by agreement stipulated in the Article 562 of the Chinese Civil Code are discussed in terms of connotation and civil subjects. There after, the two principles including the principle of best interests and the principle of protecting self-determination rights for exercising rescission rights are examined in theory and in practice. In the end, in terms of practical application of rescission rights, it is pointed out that some problems regarding possible abuse and time limit of rescission rights remain to be solved for the future interpretation of the Chinese Civil Code.

The Brief Analysis of the codification of China's Environmental Law

Environmental Law in China has achieved continuous development after decades of legal construction and judicial practice. So far, Chinas environmental law legal system has been preliminarily established. At the same time, with the development of the global economy and the changes in the national conditions of Chinas economic development, the promulgation of the Chinese Civil Code has led to an increasing call for the promulgation of the Chinese Environmental Law Code. In this context, this paper takes the codification of Chinas environmental law as the research object, using the methods of historical analysis, literature analysis, and comparative analysis. The first section points out the background and significance of the codification of environmental law, the second section discusses the necessity and feasibility of codification of environmental law, and the third section compares the environmental law codes of other countries, summarizes the experience and lessons, and finally puts forward ideas for the framework of Chinas environmental law code, and puts forward suggestions for improving the legal effect of environmental law code.

PEASANT MOBILIZATION, THE ‘LAND QUESTION’ AND SPATIAL EGALITARIANISM IN AN URBANIZING CHINA: A Genealogical Assessment and a New Research Agenda

AbstractUrbanization has become a core strategy for the Communist Party of China (CPC) to reinforce its authoritarian rule over China. Its roll‐out is replete with tensions, however, because the extent to which urbanization can replicate spatial egalitarianism, the foundation of CPC sovereign rule following its victory in the Chinese civil war (1946–49), remains unclear. To advance research on these tensions, this article first presents a genealogy of the multiple conditions that underpinned large‐scale peasant mobilization to drive landownership redistribution. Rarely discussed in urban and regional research today, the logic and implications of landownership redistribution are crucial for comprehending and conceptualizing Chinese urbanization. Specifically, the genealogical analysis demonstrates how peasant mobilization engendered a de facto CPC‐peasantry social contract that consolidated CPC rule. Rather than dissolve unproblematically as the Chinese political economy evolves into an urbanizing era, this contract has engendered path‐dependent effects that constrain attempts at urban‐rural integration. The article then adds a fresh historical‐geographical dimension to existing research on Chinese urbanization and regime durability by introducing a new research agenda to examine why contemporary peasant mobilization across China not only differs from but is also shaped by the peasant mobilization of the late 1940s.

Studies on the Relationship between Occupational Stress and Mental Health, Performance, and Job Satisfaction of Chinese Civil Aviation Pilots

This research work delves into the potential impact of occupational stress on the mental health, performance, and job satisfaction of civil aviation pilots. To explore this triadic relationship, a battery of six distinct scales was employed, including the Chinese Civil Aviation Pilot Occupational Stress Scale, the Symptom Check List-90 (SCL-90), the Flight Performance Scale, the Job Satisfaction Scale, the Minnesota Satisfaction Questionnaire (MSQ), and the Simplified Coping Style Questionnaire (SCSQ). A total of 131 valid questionnaires were collected for analysis, yielding a valid response rate of 65.5%. The findings demonstrate a negative correlation between occupational stress experienced by Chinese civil aviation pilots and their mental health, performance, and job satisfaction. Notably, a positive coping style was identified as a moderator in the relationship between occupational stress and flight performance, effectively mitigating the negative impact of stress on flight performance. Similarly, a negative coping style was found to moderate the relationship between occupational stress and job satisfaction, attenuating the adverse effects of occupational stress on job satisfaction. This study underscores the predictive utility of investigating the occupational stress experienced by pilots for understanding their mental health, performance, and job satisfaction. Furthermore, it highlights the potential for adjusting the negative impact of occupational stress on flight performance and job satisfaction through interventions that target pilots’ coping styles.

In The Shadow of Great History: A Research of The Lost Villages in Northern Thailand

This historical essay depicts the origins and current status of a northern Thai region known as Lost Villages. After the Chinese Civil War in the twentieth century, a remnant unit of the Kuomintang (KMT) rolled over from mainland China to Thailand and flourished here. However, caught between the competing political parties, their legal identity has always been in question. At the same time, they are in dire need of economic, educational, and policy support. After a literature review and field research, the author attempts to unravel the mystery of their identity and to make them more fully known by the outside world in order to establish sustained international assistance.

Research on service quality evaluation and improvement strategy of Chinese civil aviation based on DEA model

Abstract This paper aims to improve the service quality of Chinese civil aviation and objectively evaluate the service quality of Chinese civil aviation through the DEA model. Based on C 2 R model and C 2 GS 2 model, the DEA model is optimized and improved to establish C 2 WH model. Based on the principle of the gray correlation cone of constraints, a gray correlation cone of constraints DEA model is established, and the optimized DEA budget process is constructed. Using the gray correlation constraint cone DEA model to budget and evaluate the service quality data of Chinese civil aviation, combined with the data analysis, the strategy to improve IT intelligence and flight transit service level is proposed. The results show that the items of baggage claim speed, security check waiting time and the Internet have the lowest scores, which are below 4.40. Catering facilities and charges and flight information screen also scored low, below 4.45. The number of passengers checking in for their boarding passes through self-check-in is growing rapidly at a rate of 18%, with this segment exceeding 50% of total passengers. Airport signage optimization resulted in a 45% reduction in airport traffic. This study is beneficial to improve the science of service quality evaluation of civil aviation in China.

A hybrid methodology for knowledge organization and application of Chinese civil aviation regulations from mission safety support perspective

Safety is one of the most important issues in aviation. Aviation regulations provide significant information pertinent to the safety design and operation of aircraft; however, this information has not been effectively used. It is difficult to precisely identify and obtain the necessary information due to massive and unstructured provisions. In this study, a hybrid methodology is proposed to realize knowledge system construction using Chinese Civil Aviation Regulations as the object of study. To realize structured knowledge organization and intelligent knowledge application for aviation regulations, the hybrid methodology integrates a semantic cohesion model, a knowledge recognition model, a knowledge organization model, and a knowledge application model. A knowledge system of aviation regulations is built using the hybrid methodology comprising all knowledge necessary for aviation safety. The system provides intelligent knowledge support for the safety analysis of aircraft from the perspective of control system, including the accurate positioning of control elements and thorough acquisition of control conditions. Experiments were conducted to confirm the accuracy of the proposed method, and the 56,853 knowledge triples contained in the knowledge system supported its reliability. A few examples of knowledge retrieval are provided, focusing on the interaction processes of socio-technical elements during aircraft missions. It takes only a few seconds to acquire the knowledge required for safety analysis. The examples show how the hybrid methodology and knowledge system can be utilized to increase the efficiency of safety analysis for socio-technical systems while advancing intelligent knowledge applications in the aviation domain.

Forum Non Conveniens in China: From Judicial Practice to Law

Abstract Chinese courts have applied the doctrine of forum non conveniens since the 1990s. The Chinese Supreme Court has confirmed the judicial practice in its judicial interpretations. However, the doctrine that has actually been engaged in the Chinese courts is based on the inconvenience approach to avoid inconvenience to Chinese courts. Recently, the newly amended Chinese Civil Procedure Law formally enacted this doctrine in a different way. The new doctrine of forum non conveniens considers the factor of inconvenience to the parties, removes the condition of involvement of Chinese parties’ interests, and provides procedural remedies after dismissing actions. This new doctrine of forum non conveniens in Chinese law comes close to the doctrine of forum non conveniens in common law, which is based on an approach for the interests of all parties. This article reviews the development of the Chinese doctrine of forum non conveniens and assesses the conditions under the doctrine in Chinese law. It is suggested that the new Chinese doctrine of forum non conveniens can be improved further by removing the inconvenience to the Chinese courts and clarifying the consideration of the interests of all parties.

Positive delay? The influence of perceived stress on active procrastination

Purpose: Although it is widely accepted that procrastination is counterproductive, active procrastination may be considered a constructive coping strategy in situations where work-related stress is high. Drawing upon the conservation of resource theory and the ego depletion theory, the article suggests that active procrastination can be influenced by perceived stress, mediated by ego depletion, and potentially moderated by the Big Five personality traits.Design/methodology/approach: Using hierarchical regression analysis, Hayes Process Macros, and the general path analytic framework, our hypotheses were investigated. The sample was made up of 651 Chinese civil servants.Findings/results: According to the results, ego depletion fully mediated the positive connection between perceived stress and active procrastination. Furthermore, extroversion, conscientiousness, and openness negatively moderate the link between perceived stress and ego depletion as well as mediating effect. While neuroticism exhibited a positive moderating effect.Practical implications: The findings can serve as references for civil servants and public organisations to address stress and create a more relaxed work environment. Recognising active procrastination as a potential coping strategy can help to reframe the perception of procrastination and guide organisations in supporting their employees’ wellbeing.Originality/value: This study extends comprehension of active procrastination in stressful situations and highlights the potential positive coping consequences of stress attributes. By exploring the mechanisms involved, the study sheds light on how perceived stress can influence active procrastination, with ego depletion serving as a mediating factor, which helps to explain how individuals may experience reduced self-control and subsequently engage in active procrastination as a coping strategy.

The Development of the Financing Leasing System in China

The development of the financing leasing system in China has been relatively slow. This paper primarily introduces the regulations on the financing leasing system by Article 388 of the Chinese Civil Code and related clauses. It addresses the characterization of ownership or security rights, as well as regulations on priority of rights, defective security responsibility, liability for damage to others, maintenance obligations, risk of destruction or loss, public notice, breach remedies, and right enforcement. Furthermore, this paper highlights the differences in regulatory frameworks for movable and immovable property financing leasing in China. Chinese law does not explicitly address issues related to immovable property financing leasing, as it focuses on the functionality of guarantees for movable property and rights due to the clear ownership registration authorities for immovable property, eliminating the issue of "hidden guarantees." Article 65 of the Interpretation of the Civil Code provides comprehensive regulations on the functionalization of financing leasing guarantees.

Schistosomiasis: The Disease That Saved Taiwan.

From 1949 to 1950, an acute epidemic of schistosomiasis struck several elite units of the People's Liberation Army during the Chinese Civil War that were preparing for an amphibious invasion of Taiwan. The crucial delay brought by the sudden outbreak of the disease may have cost communist forces control of the strategic island, changing the geopolitical calculus of the Pacific in the decades since.