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An Investigation into the Group Characteristics of Nannies 保姆群体特征调查研究
Pub Date : 2009-04-01 DOI: 10.2753/CSA0009-4625410301
Zhou Jianxin, Zhou Daming
Nannies are an important group of the casual workers studied. In this article, six characteristics of the group are analyzed: the nature of their work and the personality characteristics of nannies; their age structure; reasons for working; marriage and family dynamics; their relationships with their employers; and their social networks. Analysis is by means of oral interviews with nannies in Guangzhou and Shenzhen. The gender aggregation effect salient among nannies means that they are a purely female vocational group which increases the group's vulnerabilities and weaknesses.
保姆是研究的一个重要的临时工群体。本文分析了该群体的六个特征:保姆的工作性质和个性特征;他们的年龄结构;工作原因;婚姻和家庭动态;他们与雇主的关系;以及他们的社交网络。分析方法是对广州和深圳的保姆进行口头访谈。保姆的性别聚集效应显著,这意味着保姆是一个纯粹的女性职业群体,这增加了该群体的脆弱性和弱点。
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引用次数: 1
An Investigation into the Group Characteristics of Haulage Workers 运输工人群体特征的调查研究
Pub Date : 2009-04-01 DOI: 10.2753/csa0009-4625410302
Zhou Jian-xin, Zhou Daming
It may be said that among all the casual worker groups, haulage workers are the most diverse and interesting category, and the category with the most "freedom." The haulage workers' "freedom" is relative; it is a vivid sign of their unwillingness to accept their status quo and the fact that that they cannot do otherwise. Another salient characteristic of haulage workers is that they are "scattered in form but not in spirit" (xing san shen bu san). Their work is relatively free, and their way of making a living unstable, but they maintain close connections with their fellow-townspeople and friends, possess spheres of influence, adhere to certain work principles, and have a sense of organization.
可以说,在所有的临时工群体中,搬运工是最多样化、最有趣的一个类别,也是最“自由”的一个类别。运输工人的“自由”是相对的;这是一个鲜明的迹象,表明他们不愿意接受现状,也表明他们不能改变现状。搬运工的另一个显著特点是“形散心散”。他们的工作相对自由,谋生方式也不稳定,但他们与同乡和朋友保持着密切的联系,有自己的势力范围,坚持一定的工作原则,有组织意识。
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引用次数: 1
Behavioral Convergence and Destigmatization 行为趋同与去污名化
Pub Date : 2009-04-01 DOI: 10.2753/CSA0009-4625410305
Liu Linping, Li Chaohai
Since time immemorial, prostitution—“the world’s oldest profession”—has been regarded primarily as a women’s crime. It was believed that women’s prostitution was basically a sort of involuntary behavior into which they were forced helplessly and against their will, or even as a sort of aberrant and self-debasing behavior. Social scientists (including sociologists) saw prostitutes as “depraved women” and, of course, “whores,” who generally served as a synonym for negative values in the domain of morality (He 2002; Ning 2002). In the view of feminists, who customarily put female prostitutes in the role of victims, women selling themselves is indicative of oppression and injustice, and the prostitution of women is an outcome of a male-centered sexual ideology (Ai and Li 2001; Huang 1998 and 2001; Lin 2001). From the 1990s to the present, studies in China on female prostitutes have been
自古以来,卖淫——“世界上最古老的职业”——主要被视为女性的犯罪。人们认为,妇女卖淫基本上是一种非自愿的行为,她们是被强迫的,无助地,违背自己的意愿,甚至是一种异常的,自我贬低的行为。社会科学家(包括社会学家)认为妓女是“堕落的女人”,当然,“妓女”通常是道德领域负面价值观的同义词(He 2002;宁2002)。在女权主义者看来,女性出卖自己是压迫和不公正的象征,女性卖淫是男性中心的性意识形态的结果(Ai and Li 2001;黄1998、2001;林2001)。从20世纪90年代到现在,中国对妓女的研究一直在进行
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引用次数: 1
"Villages" in Shenzhen 深圳的“村庄”
Pub Date : 2009-04-01 DOI: 10.2753/CSA0009-4625410307
Ma Hang, Sandra Iseman
This article, based on the abundant research carried out in villages in Shenzhen, primarily analyzes the economic-activity types of villages in China with dominant economic characteristics such as limited interest cooperation and informal economies, and proceeds to outline the reasons why the policies instituted by the local government failed. The authors recommend effective measures for improving the reconstruction of Shenzhen villages.
本文在对深圳乡村进行大量研究的基础上,主要分析了中国乡村以有限利益合作和非正式经济为主导经济特征的经济活动类型,并概述了地方政府制定的政策失败的原因。提出了促进深圳乡村改造的有效措施。
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引用次数: 6
Casual Workers in Hangzhou 杭州的临时工
Pub Date : 2009-04-01 DOI: 10.2753/CSA0009-4625410304
Liu Zhi-jun
A sample survey is made of the overall state of existence of casual workers in Hangzhou municipality. Emphasis is placed on describing such aspects as the demographic characteristics, work circumstances, state of existence, labor and social guarantees, social relationships, plans for the future, inner feelings, and opinions and appeals of casual workers. Casual workers are a special product of the period of transformation of Chinese society—one that possesses fairly unique features and formational boundaries. The "casual worker" phenomenon should become a new focus of attention for the government and society. Attention should be paid to their social circumstances, their marginalization, their lack of social guarantees, and to solving their specific difficulties so as to lay a broad social foundation for realizing the objective of building a harmonious society.
对杭州市临时工的总体存在状况进行了抽样调查。重点描述临时工的人口特征、工作环境、生存状态、劳动和社会保障、社会关系、未来计划、内心感受、意见和诉求等方面。临时工是中国社会转型时期的特殊产物,具有相当独特的特征和形成边界。“临时工”现象应该成为政府和社会关注的新焦点。要关注弱势群体的社会处境、弱势群体的边缘化、社会保障的缺失,解决弱势群体的具体困难,为实现构建和谐社会的目标奠定广泛的社会基础。
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引用次数: 1
Liushou Children in a Chinese Village 中国农村的柳寿孩子
Pub Date : 2009-04-01 DOI: 10.2753/CSA0009-4625410306
Liu Zhi-jun
As part of the fieldwork done in a Chinese village, Dongpai, which is located in Mashuang township, Nankang, Jiangxi province, this article describes the general situation of liushou children. The article is based on data collected by in-depth interview and participant-observation methods. Liushou children generally refers to children (under eighteen years of age) who need to be looked after by other relatives, friends, or who are by themselves because both of their parents work as migrant workers, merchants, and so on outside their hometown. The main issues dealt in the article are: How do they pass their childhood? What are their feelings and wishes during parental absence? What are their family education and school achievements? Is there any failure of the system to guarantee children their basic rights? Is there a crisis in their moral development? The article also presents the voices of the liushou children with regard to their goals and wishes.
作为在江西省南康市马双乡东排村进行的实地调查的一部分,本文描述了柳寿儿童的一般情况。本文采用深度访谈法和参与者观察法收集数据。留守儿童一般是指由于父母双方都在外地务工、经商等,需要由其他亲戚、朋友照顾或独自一人的儿童(未满十八岁)。这篇文章讨论的主要问题是:他们是如何度过童年的?父母不在时,他们的感受和愿望是什么?他们的家庭教育和学业成绩如何?这个制度在保障儿童的基本权利方面有什么失败吗?他们的道德发展是否出现了危机?文章还提出了柳寿儿童关于他们的目标和愿望的声音。
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引用次数: 6
A Brief Analysis of the Ma Xiwu Trial Mode: Formation of a Civil Trial Mode and Its Historic Destiny 简析马锡武审判模式:民事审判模式的形成及其历史命运
Pub Date : 2008-12-01 DOI: 10.2753/CSA0009-4625410203
F. Yu
In Chinese law circles, the “Ma Xiwu trial mode” is virtually a historic concept. In law schools, it is only mentioned in contemporary and modern history of law. It has all but disappeared from civil procedure law, which is the science of legal interpretation. Generally speaking, in previous research the following notions exist on the historic status and significance of the Ma Xiwu trial mode in China’s judicial system, particularly civil trials: First, the Ma Xiwu trial mode was a temporary wartime trial mode or system adopted in revolutionary basic regions under specific historic conditions. Despite being of particular significance at the time and having witnessed a certain course of development, it was by no means a prototype for China’s civil trial mode following the foundation of the People’s Republic of China, and therefore provides no substantive basis of reference for the current civil trial mode. The current civil trial mode in China was developed on the basis of the civil action system of the then Soviet Union, which was imitated in China after the foundation of the People’s Republic. It is characterized by a “doctrine of strong officialism.” Another notion is that the Ma Xiwu trial mode cannot be considered as a model of civil action, but was a tool used by the Chinese Communist Party (CCP) to motivate and educate the masses, a product of the CCP’s judicial
在中国法律界,“马锡武审判模式”实际上是一个具有历史意义的概念。在法学院,它只在当代和现代法律历史中被提及。它在作为法律解释科学的民事诉讼法中几乎消失了。一般来说,在以往的研究中,对于马锡武审判模式在中国司法制度特别是民事审判中的历史地位和意义,存在着以下几种看法:第一,马锡武审判模式是在特定历史条件下,在革命基层地区采用的战时临时审判模式或制度。尽管它在当时具有特殊的意义,也经历了一定的发展过程,但它绝不是中华人民共和国成立后中国民事审判模式的雏形,因此对现在的民事审判模式没有实质性的借鉴依据。中国现行的民事审判模式是在前苏联民事诉讼制度的基础上发展起来的,新中国成立后,中国对苏联民事诉讼制度进行了模仿。它的特点是“强烈的官僚主义”。另一种观点认为,马希武审判模式不能被视为民事诉讼的典范,而是中共用来激励和教育群众的工具,是中共司法的产物
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引用次数: 3
How Are Laws Practiced? A Sociological Analysis Based on a Judicial Case in China 法律是如何实施的?基于中国一个司法案例的社会学分析
Pub Date : 2008-12-01 DOI: 10.2753/CSA0009-4625410202
Jialiang Huang
The argument over formalism and instrumentalism has always been a major issue in Western jurisprudence (Bourdieu 2002). They are the two fundamental perspectives from which the law is studied in academic circles. In formalist jurisprudence, the law is deemed to be a fully independent and autonomous system whose development can be understood only through its “intrinsic power”; legal philosophies and legal conduct have absolute independence and are never determined by social factors. Representative of this philosophy is the analytical positivist jurisprudence school that came into being in the latter half of the nineteenth century. Adherents “try to separate values from the scope of jurisprudent research and restrict the tasks of jurisprudence to the analysis and anatomy of actual law” (Bodenheimer 1999, 116) and mainly focus on attempts to “analyze legal terms and study the interrelationships between legal propositions in terms of logic” (Stone 1961, 31). As John Austin believed, jurisprudence is an independent and self-contained theory about actual law and “what it is concerned
关于形式主义和工具主义的争论一直是西方法理学的一个主要问题(Bourdieu 2002)。它们是学术界研究法律的两个基本视角。在形式主义法理学中,法律被认为是一个完全独立自主的系统,其发展只能通过其“内在力量”来理解;法律理念和法律行为具有绝对的独立性,不受社会因素的制约。这种哲学的代表是19世纪下半叶形成的分析实证主义法学学派。支持者“试图将价值从法理学研究的范围中分离出来,并将法理学的任务限制在对实际法律的分析和剖析中”(Bodenheimer 1999, 116),主要集中在试图“从逻辑的角度分析法律术语和研究法律命题之间的相互关系”(Stone 1961, 31)。正如约翰·奥斯汀(John Austin)所认为的那样,法学是一种关于实际法律及其“所涉之事”的独立而自成体系的理论
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引用次数: 2
Social Discourse: Changes in Legitimacy Justification 社会话语:正当性和正当性的变化
Pub Date : 2008-12-01 DOI: 10.2753/CSA0009-4625410204
Zhang Jing
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引用次数: 1
Understanding the Logic Behind Rule of Law in China: Guest Editor's Introduction 解读中国法治背后的逻辑:特约编辑简介
Pub Date : 2008-12-01 DOI: 10.2753/CSA0009-4625410200
Guo Xing-hua
All four articles in this issue discuss the special logic behind the rule of law in Chinese society. The four authors probe the subject from a range of different perspectives, specifically, the legal awareness of Chinese people, the logic behind legal practice in grass-roots courts in China, the unique Ma Xiwu trial mode created by the Chinese Communist Party (CCP), the evolution of perceptions of “legitimacy” in China, and the unique path of development of China’s civil society. As a mode of social governance, rule of law represents a stark contrast to the rule of men. Rule of law has a practical basis and is not simply a system devoid of substance. For this reason, the study of legal provisions alone will not allow us to gain a thorough and accurate understanding of the legal conditions of a country. It is necessary to explore how these legal provisions are put into practice in daily life. Studying the intrinsic logic in legal provisions alone will not allow us to understand the various paradoxes in the legal system of a country. It is necessary to identify these paradoxes in the social environment where the laws are applied. Transplanting the legal system of a developed country in order to promote the process of domestic rule of law is not enough. Instead, efforts must be made to find a legal system that is suited to the country in question. For that purpose, we have to alter our perspective. The mainstream in law circles is prone to interpret the law using its intrinsic logic, regarding it as a self-governed logical system. This is what is usually referred to as the “intrinsic perspective.” We advocate “looking at the law from the outside,” that is, regarding the law as one of a multitude of subsystems
本期四篇文章都探讨了中国社会法治背后的特殊逻辑。四位作者分别从中国民众的法律意识、中国基层法院法律实践背后的逻辑、中国共产党开创的独特的马希武审判模式、中国“合法性”观念的演变、中国公民社会独特的发展路径等不同角度对这一问题进行了探讨。作为一种社会治理方式,法治与人治形成鲜明对比。法治是有实践基础的,不是空洞无物的制度。因此,仅仅研究法律条文并不能使我们全面准确地了解一个国家的法律状况。有必要探讨这些法律规定如何在日常生活中付诸实施。仅仅研究法律条文的内在逻辑,并不能使我们理解一个国家法律制度中的各种悖论。有必要在适用法律的社会环境中确定这些矛盾。仅仅通过移植发达国家的法律制度来促进国内的法治进程是不够的。相反,必须努力寻找适合有关国家的法律制度。为此,我们必须改变我们的观点。法学界的主流倾向于用法律的内在逻辑来解释法律,认为法律是一个自治的逻辑系统。这就是通常所说的“内在视角”。我们主张“从外部看法”,即把法律看作众多子系统中的一个
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Chinese sociology and anthropology
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