Sulla Via del Catai - Nr. 12, Marzo 2015 |
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Nr. 12, Marzo 2015
DIRITTO CITTADINI E POTERE IN CINA. L'EVOLUZIONE DEL DIRITTO CINESE FRA TRADIZIONE E MODELLI INTERNAZIONALI a cura di Renzo Cavalieri, Valentina Bellomo e Sara D'Attoma
Pagine: 180 Illustrazioni: 110 ISSN 1970-344-9 Prezzo: euro 20,00 Prezzo:Web € 15,00 soci € 10,00
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Description DIRITTO, CITTADINI E POTERE. L’evoluzione del diritto cinese tra tradizione e modelli internazionali Sfoglia le prime pagine INDEX INTRODUZIONE SCARTEZZINI, Riccardo - Centro Studi Martino Martini LA VIA DEL DIRITTO E DELLA LEGALITÀ pag. 5 The way of law and legality ANDREINI, Attilio - Università Ca’ Foscari, Venezia ALCUNE CONSIDERAZIONI SULLA NATURA DEL PENSIERO GIURIDICO CINESE ANTICO pag. 9 Some considerations on the nature of ancient Chinese legal thought Abstract: Starting from the Zhou dynasty, this paper will draw a historical and etymological path in order to date the notion of “law” back to the Chinese ancient times. Taking into account the first debates and opposing views about the role and function of the different set of rules, we’ll finally get to understand how the concept of law gradually shifted from incorporating a sacral nature of its principles to becoming instead a tool for the government and management of the unified country under the Qin dynasty. Read CAVALIERI, Renzo - Università Ca’ Foscari, Venezia IL DIRITTO CINESE un’evoluzione millenaria pag. 29 CHINESE LAW a millennial evolution Abstract: This article sketches out the historical evolution of Chinese law, from the autocratic tradition of the Empire to the challenges of contemporaneity, crossing through the western-style modernization of the beginning of the XX Century, the communist revolution, the years of Mao’s radicalism and those of Deng’s reform, pointing out some of its most distinctive features. Read GROPPI, Tania - Università di Siena IL PERIMETRO DELLE LIBERTÀ E DEI DIRITTI NEL SISTEMA COSTITUZIONALE CINESE pag. 43 The perimeter of freedoms and rights in the Chinese constitutional system Abstract: The article points out - by examining law and jurisprudence on rights and freedom - that the PRC is not part of the global move towards constitutionalism and human rights. The meaning of words such “constitution” and “human rights” is dramatically divergent from the one accepted worldwide. For instance, the constitution is not legally binding, as it is not guaranteed by judicial review of legislation. Socio-economics rights prevail over civil and political rights and human rights protection is confined at national level, as part of national sovereignty. Read CASTELLUCCI, Ignazio - Università di Trento L’IDEA DI “RULE OF LAW” NELLA R.P.C. pag. 59 The concept of the "rule of law" in the P.R.C. Abstract: The relation between pre- sent-day China and the idea of fa zhi / rule of law is a complex and a fluid one. China comes to terms with its ancient Confucian and Legalist traditions of governance, at the same time also having to face the Western idea of rule of law. If with ups and downs between the two tensions towards a more independent or a less independent legal system, related to different moments and political cycles of the P.R.C., Chinese fa zhi seems to be aimed at developing a technicised, efficient, foreseeable system of rule by law, still based on the centrality of political element. Read YU Jin - Università di Trento LA MEDIAZIONE IN CINA: passato e presente pag. 75 Mediation in China: past and present Abstract: Mediation refers to the action in which a third party intervenes to facilitate the dispute resolution. Mediation was already introduced by China in its ancient past, and since then the administration of the justice heavily relies on it. The current Chinese mediation comes from the development of both traditional mediation and social evolution, rather than being a mere revival of an old system. Until today, the Chinese mediation system is still considered the most flexible and creative part of China’s administration of justice and of its social management. Read CRESPI REGHIZZI, Gabriele - Università di Pavia L’ARBITRATO IN CINA pag. 91 Arbitration in China Abstract: The aim of this paper is to analyse the system of the arbitration in Chi- na starting from its theoretical definition and then focusing on its development in the Chinese context. The practice of arbitration in China was at first confined to transnational disputes, but then, especially since a specific new law was issued in 1994, it was extended to domestic litigations as well. Thereafter, besides the already existing CIETAC and the CMAC, several arbitration bodies were established throughout the PRC. Even though the practice of arbitration has increased in the last decades, nevertheless the number of arbitral proceedings in China is still irrelevant comparing to the total amount of disputes handled by People’s courts. Indeed, the Chinese case shows, as well as other countries around the world, that the arbitration so far hardly became a mass instrument for dispute resolution. Read D’ATTOMA, Sara - Università Ca’ Foscari, Venezia DIRITTI E STRUTTURE DEL NUCLEO FAMILIARE NELLA R.P.C pag. 103 Rights and structures of the household in the P.R.C. Abstract: This paper offers an overview on the development of family law in the People’s Republic of China. Many changes have occurred in the Chinese society in the last century and the family has been affected by those transformations: the State by means of law has remolded the relations between family members building a new idea of family according to the government’s policy. This decision has been done due to the strong interdependence between society stability and family stability. Furthermore the legislator has made plenty of efforts to enhance the protection of women’s rights as a wife and as a mother, i.e. in divorce, property, domestic violence related issues. Read BELLOMO, Valentina - Università Ca’ Foscari, Venezia EVOLUZIONI E INVOLUZIONI DEI DIRITTI DEI LAVORATORI NELLA CINA RIFORMISTA pag. 113 Evolutions and involution of workers' rights in reformist China Abstract: With the launch of the reform and opening-up policy in 1978 the PRC began to redesign the ideological and legal pattern governing industrial relations. This process initially undermined the rigid and inefficient employment scheme inherited from the Maoist era and then resulted in a growing legislative effort in covering all the aspects related to the labor dimension. This article will provide a brief overview of the legal evolution occurred in this field during the last 30 years, explaining at the same time the reasons of its imperfections and deficiencies. If the PRC fully succeeded in pursuing the economic reforms through the establishing of a proper labor market, the current level of development of the labor legislation still leaves room for crucial improvements both in terms of legal contents and enforcement methods. Read NESOSSI, Elisa - Australina National University, Camberra DIRITTI E DIRITTO PENALE pag. 129 Rights and criminal law Abstract: This article examines the changes that have happened in the Chinese criminal justice system since the early 2000s. It assesses the relevant legal and political trends and the debates concerning the protection of human rights in the context of criminal justice reforms. The article considers two case studies - the revision of the Criminal Procedure Law in 2012 and the abolition of the system of re-education through labor - to explain the interaction among the various political, institutional, social and ideological factors that inform the process of change in the Chinese contemporary criminal justice. On the whole, the article argues that notwithstanding the numerous recent attempts to make the criminal trial fairer and transparent, changes have been happening slowly and very often unsystematically determined by political needs. Read SEMPI, Laura - Università del Salento, Lecce CREATIVITÀ E PROPRIETÀ INTELLETTUALE pag. 145 Creativity and intellectual property Abstract: Gone are the days when it was considered a mere “world factory”, China intends to propose as an innovator in the field of science and technology. A policy of promoting innovation cannot neglect to provide incentives and protect intellectual works and inventions. Since the early eighties of the last century, the Chinese legislature has created a regulatory framework for intellectual property, rudimentary and incomplete at first, then gradually refined thanks to repeated reform efforts. This contribution identifies current strengths and persistent critical points of the regime of IPR protection in the PRC, finally focusing on the topic of Graphical User Interfaces, taken as a paradigmatic example of the creations in innovation technology. Read TIMOTEO, Marina - Università di Bologna DIRITTO CINESE E TUTELA AMBIENTALE: un itinerario nella giustizia civile pag. 163 Chinese law and environmental protection: an itinerary in civil justice Abstract: In the last decade the Chinese government began to introduce in the development strategy several legislative and institutional reforms in order to provide a higher level of protection of the environment and natural resources. Amongst the new measures there are the creation of new rules on environmental civil liability and a system of environmental courts for a better implementation of these rules. This study reconstructs the most relevant elements and problems of the new Chinese environmental justice, taking also into accounts the last measures taken, in 2014, by the Supreme People’s Court towards the edification of a “ecological civilization”. Read |
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