Legislation, education reform and social transformation: the People's Republic of China's experience

With special reference to the People's Republic of China (PRC), this paper examines relationships between law, education reform and social transformation that have been under-researched. The argument is that, despite national leaders' high expectations, the use of law to effect or consolidate educational reform in the PRC is affected by both legal and extra-legal factors such as politics, economics, and social norms and cultures. The paper first establishes a framework within which the PRC is analyzed. Secondly, the paper looks into the policy context in which the PRC adopts the strategy of using law to govern the nation and education, and examines the contrasting scenarios between promotion of governance of education with the law, and public defiance of education laws in the PRC. Thirdly, the paper analyzes the deep-seated problems behind the scenario in the wider social and political contexts that shape education and law, and examines the role of law in governance and social change.     

Pre-service teachers’ interpretations of religious policy in citizenship education in China

Studies about religion and education in post-Mao China have become more common in recent years, but very few have touched on teacher and religious education at the basic education level. This study adopted a mixed methodology approach (questionnaire, interview and lesson design analysis) to report Chinese pre-service teachers’ interpretations of religious policy in citizenship education. The analyses of the findings reveal that pre-service teachers actively constructed their understandings of religion-citizenship, rather than passively adopting the officially promoted religion-citizenship relationship.     

拆封合同的成立与效力 兼评郭力诉微软公司等拆封合同无效案

引言 随着计算机的普及,＂软件＂这一名词对于绝大多数人而言早已不再陌生,不少计算机用户都曾在软件销售店＂购买＂过不同类别的软件。＂购买＂并安装软件的过程大致如下：在软件销售店内,根据软件外包装上的标识或店员的介绍,选择自己所需的软件并为此付款;回到家中再拆开软件包装,在电脑上安装软件;安装过程中,安装界面会弹出一份冗长...     

Translating Globalization and Democratization into Local Policy: Educational Reform in Hong Kong and Taiwan

The past two decades have witnessed three important international trends: an increase in the number of democratic states; economic globalization; and educational reforms in light of the challenges of the new millennium. A great deal of research has addressed educational change in relation to either globalization or democratization, but little has been said about the complex interactions among all three processes. In view of recent educational reforms in Hong Kong and Taiwan, the present contribution examines the local nature of education policy in a globalized age. It challenges those globalization theories which minimize the role of the state and exaggerate the power of globalization over local factors. In particular, it explores how the governments of these two Chinese societies have employed democratization to generate and legitimate reform proposals and have used economic globalization to justify educational reforms. The study concludes by discussing the complex interrelations of these processes, including tensions between global and local concerns in educational reform.     

构建人与自然和谐发展的生态文明

生态文明以一种全新的视角来审视人与自然和人与人之间的关系,是人类文明发展的必由之路。当前社会人与自然的不和谐引起了社会的不和谐发展,应树立全面、协调、可持续的科学发展观,把统筹人与自然和谐发展作为一个重要的内容,深刻认识到了人与自然和谐时人与社会全面发展的重大意义,努力构建和谐的生态文明。     

Translating Globalization and Democratization into Local Policy: Educational Reform in Hong Kong and Taiwan

The past two decades have witnessed three important international trends: an increase in the number of democratic states; economic globalization; and educational reforms in light of the challenges of the new millennium. A great deal of research has addressed educational change in relation to either globalization or democratization, but little has been said about the complex interactions among all three processes. In view of recent educational reforms in Hong Kong and Taiwan, the present contribution examines the local nature of education policy in a globalized age. It challenges those globalization theories which minimize the role of the state and exaggerate the power of globalization over local factors. In particular, it explores how the governments of these two Chinese societies have employed democratization to generate and legitimate reform proposals and have used economic globalization to justify educational reforms. The study concludes by discussing the complex interrelations of these processes, including tensions between global and local concerns in educational reform.     

权利要求解释、等同原则与禁止反悔:专利審查档案的法律效力 评最高人民法院午时药业提審案(2009)民提字第20号

午时药业提审案是最高人民法院精选出作为《最高人民法院知识产权案件年度报告》(2010)示范指导案例之一。此案最引人关注的法律问题莫过于专利审查档案在权利要求解释、等同技术特徵认定和禁止反悔原则适用中的法律作用。本文以最高人民法院《关于审理侵犯专利权纠纷案件应用法律若干问     

商标行政審查中的“公示性公告”与“送達性公告”辨析

通常意义上的商标公告是指国家商标行政主管机关就注册商标的初步审定、注册、续展、变更、转让和撤销等事宜向不特定的社会公众发出的公示性通告,是相关具体行政行为的一个程序性环节。自公告发出之日,其相关行政行为应视为已为社会公众知晓或其内容处于可以为公众所知晓的状态;而我国《商标法实施条例》第十一条第二款所规定的公告则是一种     

Game theory and educational policy: Private education legislation in China

This article presents a game theory analysis of legislating private education in China, based on set of primary and secondary documents related to this issue. The article argues that shaping educational legislation is a dynamic, repeated game of negotiation, cooperation, and/or competition on multiple occasions among various interested actors, including lawmaking institutions, each with its own goals, authorities, information sources, and strategies. This article suggests that game theory complements existing models for understanding the politics of educational legislation in China, and it elucidates the implications and limitations of using this approach to understand the dynamics and complexity of educational policymaking.