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Articles 1 - 4 of 4

Full-Text Articles in Law

Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo Jul 2012

Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo

Margaret Y. K. Woo

This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.


The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo May 2012

The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo

Margaret Y. K. Woo

This is a comparative study of the unemployment compensation schemes in China and in the U.S. The article emphasizes how the structure of unemployment scheme can add to or detract from the view of the unemployed as “worthy” or “unworthy.”


Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo May 2012

Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo

Margaret Y. K. Woo

No abstract provided.


Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo Apr 2012

Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo

Margaret Y. K. Woo

How has the complex interaction of markets, law and development added or subtracted to the well-being of ordinary Chinese citizen? Specifically, this article examines how the development of a private market and accompanying legal structure resulted in Chinese women’s greater sense of rights entitlement and rights assertion. But abstract rights and the implementation of legal codes do not always mean rights adoption and neither does formal equality always translate into substantive equality. Through an analysis of 64 questionaires collected from legal aid litigants collected between the fall of 2002 and spring of 2003. The questionnaires unravel the complicated legal attitudes …