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Full-Text Articles in Law
Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo
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 …
Biology And Equality: Challenge For Feminism In The Socialist And The Liberal State, Margaret Woo
Biology And Equality: Challenge For Feminism In The Socialist And The Liberal State, Margaret Woo
Margaret Y. K. Woo
This article examines recent Chinese laws on the issue of women and work. While Chinese regulations regarding women and work can be viewed as simply a reflection of the latest state policy on economic development, these regulations can also be viewed as an example of the familiar tension between standards that protect women and those that promote equality of opportunity. More importantly, these regulations reveal a philosophical change in the attitude towards Chinese women. In both tone and focus, the new Chinese regulations have origins in socialist ideals and Confucian traditions. They are Confucian in their focus on the importance …
Adjudication Supervision And Judicial Independence In The P.R.C., Margaret Woo
Adjudication Supervision And Judicial Independence In The P.R.C., Margaret Woo
Margaret Y. K. Woo
This article examines how the judicial committee and the concept of “supervision” operate to enable and constraint judicial independence in the People’s Republic of China. By allowing the liberal reopening of final judgments, adjudication supervision can ensure justice by allowing the correction of errors but it can also place enormous institutional constraints on individual judicial work. Adjudication supervision reflects the belief that individual judicial work must be subjected to supervision by the masses, legal institutions such as the procuracy, and the state. Ultimately, judicial independence in China means the independence of the court as a whole and not the work …