The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the ci...The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.展开更多
Two distinctive paradigms have been used in researching higher education phenomena in China’s process of social transformation.The first might be described as“critical realist,”and the second as“interpretivist.”T...Two distinctive paradigms have been used in researching higher education phenomena in China’s process of social transformation.The first might be described as“critical realist,”and the second as“interpretivist.”The book Portraits of 21st Century Chinese Universities:In the Move to Mass Higher Education,has inclined toward the second paradigm and a central concept is that of“civil society.”However,the authors of this article argue that the concept of“commercial civil society”may better explain the characteristics of Chinese private higher education.Different from civil society that is based on voluntary action and contributions,commercial civil society is characterized by profit making behavior.This article focuses on analyzing the profit making features of Chinese private higher education,and thus aims to supplement the interpretivist analysis presented in the book.The authors believe that the concept of“commercial civil society”not only reflects certain features of the social environment in which Chinese private higher education operates,but may also be helpful for analyzing private higher education phenomena in other countries.展开更多
文摘The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.
文摘Two distinctive paradigms have been used in researching higher education phenomena in China’s process of social transformation.The first might be described as“critical realist,”and the second as“interpretivist.”The book Portraits of 21st Century Chinese Universities:In the Move to Mass Higher Education,has inclined toward the second paradigm and a central concept is that of“civil society.”However,the authors of this article argue that the concept of“commercial civil society”may better explain the characteristics of Chinese private higher education.Different from civil society that is based on voluntary action and contributions,commercial civil society is characterized by profit making behavior.This article focuses on analyzing the profit making features of Chinese private higher education,and thus aims to supplement the interpretivist analysis presented in the book.The authors believe that the concept of“commercial civil society”not only reflects certain features of the social environment in which Chinese private higher education operates,but may also be helpful for analyzing private higher education phenomena in other countries.
