Ripe for Cooperation or Rivalry? Commerce,Realpolitik, and War Memory in Contemporary Sino-Japanese Relations

Abstract

Sino-Japanese political relations, fraught with disputes and tension during the Koizumi years, only began to recover after Abe came to power. This article investigates the driving forces shaping recent and future bilateral relations. Using evidence from the Koizumi era, I argue that 1) bilateral commercial links prove a weak stabilizing factor for political relations; 2) the current distribution of power between China and Japan does not dictate their strategic rivalry, but they may still treat each other as rivals if they perceive the danger of long-term power transition and mutual hostile intent; 3) the frequent flare-up of bilateral history disputes can exacerbate mutual threat perceptions among elites and generate popular emotional pressure for hard-line government policy toward the other country. The future of Sino-Japanese cooperation heavily depends on their efforts to resolve the negative historical legacy.     

Pragmatic Discourse and Gender Inequality in China

Using courtroom dialogs from actual court trials in China as data, this article analyzes an emerging “pragmatic discourse,” deployed by judges to assist, but at the same time to constrain divorcing women. Through questions, statements, rebuttals, and other interactional devices, Chinese judges define the premises that underpin the law's understanding of gender equality and women's welfare. By looking at how discourses are deployed by judges and litigants, we link micro linguistic practices to more general social forces and processes. Despite their honest effort to protect women's rights, Chinese judges often inadvertently reinforce and reproduce the patriarchal norm. The data demonstrate how the hegemonic patriarchal order reasserts itself in an institutional forum that is meant to promote gender equality. The interaction of the discourses also highlights the tensions in Chinese society and displays the effect of changing social environment on the legal operation.     

上月世界大事

7月1日 俄罗斯总统普京访美，做客老布什庄园，提出俄可使其在阿塞拜疆设立的加巴拉雷达站现代化，以替代美准备在波兰、捷克部署的反导系统，建议让更多的欧洲国家参与导弹防御合作，布什未同意。     

东盟决策机制与东盟一体化

东盟的决策机制深具亚洲特点,东盟首脑会议和部长会议,尤其是外交部长和经济部长会议是东盟的主要决策机构;这些机构奉行全体一致原则、不干涉内政原则、y—x原则和协商原则,充分体现了东盟各国追求平等、互相尊重而又灵活应变的精神;颇具特色的决策机制有效地推动了东南亚国家的一体化,但随着东盟的扩大和深化,这一决策机制也暴露出沟通不足、效率低下等问题,如何改进决策机制,乃是东盟新世纪发展的重要课题。     

The Diagnostic Value of Quantitative Assessment of Diatom Test for Drowning: An Analysis of 128 Water‐related Death Cases using Microwave Digestion‐Vacuum Filtration‐Automated Scanning Electron Microscopy

The value of diatom test for the diagnosis of drowning remains controversial. The conventional forensic diatom test with low sensitivity is not a useful tool to provide accurate information about diatom in the tissues and organs. To improve the sensitivity of the diatom test, we developed a novel method called the Microwave Digestion‐Vacuum Filtration‐Automated Scanning Electron Microscopy (MD‐VF‐Auto SEM) method which resulted in a high recovery of diatoms. In this article, we analyzed 128 water‐related death cases. Our results showed that the MD‐VF‐Auto SEM method could achieve a much higher positive rate (0.97) in drowning cases. Large amounts of diatoms are retained, even concentrated, in the lung tissues during the intense breathing movement in drowning process. This might be useful for the diagnosis of drowning. Our research indicates that the MD‐VF‐Auto SEM method would be a valuable methodology in the study of diatom test for the forensic community.     

SECURITIZATION OF CATASTROPHE INSURANCE RISK AND CATASTROPHE BONDS: EXPERIENCES AND LESSONS TO LEARN

It is reasonable to expect that catastrophe insurance system will be established in China in the near future, since it is one of the main topics in the Fourth National Finance Working Conference, and it is the first three working points of China Insurance Regulation Commission (CIRC) this year. Due to the high loss of catastrophe and incapacity of the insurance industry, securitization of catastrophe risk serves as a significant alternative risk tool for catastrophe insurance industry. This has been practiced in the U.S. since the mid-1990s and catastrophe bonds are perfect examples. In this paper, we will first introduce the practices and challenges of securitization of catastrophe risk in the U.S., especially the catastrophe bonds which have been the predominant form until now. And then, the author will use the supply-demand framework to analyze whether securitization of risk is feasible in China. However, due to the institutional shortcomings, including legal frame, regulatory institutions and so on, issuing the ILS will take quite a long time and a tough process in China.     

THE INNOVATION OF LAW: FROM CHINESE PERSPECTIVE

It is a new and meaningful research in discovering the impact of technology on law, and the reciprocal relationship between law and invention. This paper starts with a Chinese ancient tragedy to disclose the direct relationship between technology and law that was reflected in the play. It explains the “Needham Puzzle” that was engraved in Chinese law in discussion with the indirect impact of technology on law in the Chinese legal system. After that, the Chinese patent system is analyzed specifically to discover the law of innovation. It also discusses the impact of law on technology in the field of patent system.     

Street as Courtroom: State Accommodation of Labor Protest in South China

Drawing on data collected from district-level governments, this article studies how the Chinese state responds to labor protests in South China. It examines both the internal logic and operational patterns of the state response involving the local courts and an assortment of government agencies. Internal documents and interviews reveal an emerging mode of state reaction. In the context of protest, the courts and related government agencies engage protesters on the street, which often grants a favorable resolution. This "street as courtroom" is a result of the weak capacity of the legal system coupled with a government-wide campaign to build a "harmonious society." These findings compel researchers to reconsider the institutional boundaries of the prototypical court, the outcome of social protest, and the appropriate role of the courts in China.     

证券犯罪中的电子证据问题

证券犯罪案件中的电子证据是指犯罪嫌疑人在利用电子信息系统实施涉及证券行业的犯罪行为中,电子系统运行时产生的以其记录的内容来证明案件事实的信息数据,其表现形式多样。证券犯罪电子证据具有高科技性、无形性、多样复合性、易破坏性和分散性,主要存在于证券犯罪的信息沟通环节、资金转移环节、执行操作环节和危害后果环节,应对其真实性、合法性和关联性等进行审查判断。