This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understoo...This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understood by evaluating only published sources, and that a thorough understanding of dispute mediation techniques must serve as a foundation for assessing the historical importance of the law. It offers a description of Qing insolvency dispute practices by providing an analysis of cases from the Ba county archives. The results of that analysis suggest that, although the Qing Bankruptcy Code was repealed soon after its introduction, the reform ambitions behind the new legislation were realized through the implementation of another New Policy reform, which allowed chambers of commerce to resolve bankruptcy disputes differently. This conclusion suggests that the basic vision of the Qing economic reforms of the New Policy movement had more of a lasting impact than has been assumed to date.展开更多
This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on th...This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations,especially over reform of the laws on filial piety and fornication.The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that“ruled through the principle of filial piety”into a modern nation-state that had direct relationships with its citizens.More importantly,an analysis of the late Qing debate over family law enables this article to problematize such concepts as“Chinese”and“Western”during this crucial moment of China’s empire-to-nation transformation.It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.展开更多
This article gives an adequate observation and analysis of polysystem theory,one of the most influential schools in translation studies put forward by Itamar Even - Zohar and developed by Gideon Toury,and discusses it...This article gives an adequate observation and analysis of polysystem theory,one of the most influential schools in translation studies put forward by Itamar Even - Zohar and developed by Gideon Toury,and discusses its application to Chinese translation phenomena in certain historical periods.展开更多
Courtesy of translation, the word ＂love＂ （lian ＂ai 恋爱） entered the modem Chinese language in the early 20th century, leading to changes in the mode, experience, meaning and evaluation of ＂feelings between men ...Courtesy of translation, the word ＂love＂ （lian ＂ai 恋爱） entered the modem Chinese language in the early 20th century, leading to changes in the mode, experience, meaning and evaluation of ＂feelings between men and women＂ by virtue of this new nomenclature. The word entered public discourse and became the point of entry for new Chinese ethical construction, spawning a series of new moral propositions from the late Qing to the May Fourth Movement together with corresponding works of new literature. The ＂free marriage＂ advocated in the late Qing confirmed the modem consciousness of marriage premised on love and determined primarily by the will of the parties themselves, initiating a new style of civilized marriage. In the early Republican period, the word ＂love＂ was temporarily stigmatized in the course of sinicization, with the result that it was generally avoided in romance fiction. However, the widespread cult of the ＂spiritual character of love＂ in novels of tragic love laid the foundation for the emergence of＂the sanctity of love＂ in the May Fourth period. The theory of love constructed at this time under the influence of Western theories made a subtle distinction between the ＂freedom of love＂ and ＂free love,＂ reflecting the ideological divergence within the New Culture community. In terms of spatial imagery and descriptions of love, the pioneering creation of romantic literature during the May Fourth period deconstructed the patriarchal authority that suppressed individual freedom, undermining traditional morality and opening up new fields for literary expression. But since the one-dimensional pursuit of individual freedom also led to weaknesses such as superficial emotionalism, May Fourth romantic literature could not take the experiences and expression of love to a deeper level.展开更多
文摘This paper modifies the historical assessment of the 1906 Qing Bankruptcy Code by proposing a new approach to the history of commercial dispute resolution. It argues that the Qing bankruptcy reform cannot be understood by evaluating only published sources, and that a thorough understanding of dispute mediation techniques must serve as a foundation for assessing the historical importance of the law. It offers a description of Qing insolvency dispute practices by providing an analysis of cases from the Ba county archives. The results of that analysis suggest that, although the Qing Bankruptcy Code was repealed soon after its introduction, the reform ambitions behind the new legislation were realized through the implementation of another New Policy reform, which allowed chambers of commerce to resolve bankruptcy disputes differently. This conclusion suggests that the basic vision of the Qing economic reforms of the New Policy movement had more of a lasting impact than has been assumed to date.
文摘This article examines the intense debates over the New Criminal Code of Great Qing(Da-Qing xin xinglü)in the National Assembly(Zizheng yuan)during the Qing empire’s New Policy Reform(1901–11).The focus is on the conflict between those who drafted and supported the new code and those who expressed reservations,especially over reform of the laws on filial piety and fornication.The issue of reconfiguring the family and social order through law was closely related to the overarching agenda of twentieth century legal reform in China—making an empire that“ruled through the principle of filial piety”into a modern nation-state that had direct relationships with its citizens.More importantly,an analysis of the late Qing debate over family law enables this article to problematize such concepts as“Chinese”and“Western”during this crucial moment of China’s empire-to-nation transformation.It showcases the paradox of China’s modern-era reforms—a contradiction between imposing Western-inspired order with a largely indigenous logic and maintaining existing sociopolitical order in the name of preserving national identity.
文摘This article gives an adequate observation and analysis of polysystem theory,one of the most influential schools in translation studies put forward by Itamar Even - Zohar and developed by Gideon Toury,and discusses its application to Chinese translation phenomena in certain historical periods.
基金the initial research result of the National Social Science Fund Program of "Studies on Sexual Theory from the West and Modern Trends of Literary Thought in China."Its serial number is 11BZW123,and the title of the Chinese version is"The Emergence of‘Love’and Conceptual Changes in Modern Literature"("恋爱"之发生与现代文学观念变迁)
文摘Courtesy of translation, the word ＂love＂ （lian ＂ai 恋爱） entered the modem Chinese language in the early 20th century, leading to changes in the mode, experience, meaning and evaluation of ＂feelings between men and women＂ by virtue of this new nomenclature. The word entered public discourse and became the point of entry for new Chinese ethical construction, spawning a series of new moral propositions from the late Qing to the May Fourth Movement together with corresponding works of new literature. The ＂free marriage＂ advocated in the late Qing confirmed the modem consciousness of marriage premised on love and determined primarily by the will of the parties themselves, initiating a new style of civilized marriage. In the early Republican period, the word ＂love＂ was temporarily stigmatized in the course of sinicization, with the result that it was generally avoided in romance fiction. However, the widespread cult of the ＂spiritual character of love＂ in novels of tragic love laid the foundation for the emergence of＂the sanctity of love＂ in the May Fourth period. The theory of love constructed at this time under the influence of Western theories made a subtle distinction between the ＂freedom of love＂ and ＂free love,＂ reflecting the ideological divergence within the New Culture community. In terms of spatial imagery and descriptions of love, the pioneering creation of romantic literature during the May Fourth period deconstructed the patriarchal authority that suppressed individual freedom, undermining traditional morality and opening up new fields for literary expression. But since the one-dimensional pursuit of individual freedom also led to weaknesses such as superficial emotionalism, May Fourth romantic literature could not take the experiences and expression of love to a deeper level.
