中国法学"现代化范式"之关系主义批判——评《中国法学向何处去》

邓正来教授试图凭借"中国法律理想图景"经由关系主义视角来探究和处理"应然"与"实然"、中国与西方、中华民族与世界结构的关系.然而,将关系主义批判的研究方法运用到中国法律哲学批判和建构这一研究对象上来的时候,邓正来可能会夸大一些问题,甚至可能遮蔽一些问题.我们必须在开放和厘清上述问题的基础上建构21世纪的中国法律哲学.     

Vietnam: riding the Chinese tide

Vietnam's perception of China is nuanced and complex, a mixture of challenge and opportunity. Given its geographic proximity and overwhelming power, China represents a permanent strategic challenge Vietnam cannot escape. However, the two countries are partners in the defence of socialist ideals and communist rule. These circumstances have clearly shaped Vietnam's China policy, which is a mixture of cooperation and struggle. Vietnam's strategy is not about confronting China directly but finding a way to live with and benefit from its power.     

Kantei diplomacy? Japan's hybrid leadership in foreign and security policy

This article operationalizes Japanese leadership in foreign and security policy, specifically the Abe administrations’ consistent China balancing. It will do so to dispel instances of Premier-centered diplomacy and posit that Abe's diplomatic agenda has rested on a ‘hybrid’ policy-making authority, where the leverage enjoyed by the Prime Minister's office (the Kantei) rested on little-appreciated politicized personnel appointments and demotions within the bureaucratic apparatus, specifically the Ministry of Foreign Affairs. Moreover, successful Japanese leadership has functioned especially when operating within the scope of the US strategic framework towards East Asia. While structural constraints, such as the ever-present influence of the USA and bureaucratic coordination, may constrain options, effective leadership in foreign policy-making can indeed make a difference within those boundaries.     

China–Japan interaction in the Middle East: a battleground of Japan's remilitarization

As most studies on Middle East–East Asian relations focus on the interregional dimension, the manner in which relations between East Asian powers influence, and are influenced by, their policies in the Middle East are largely overlooked. Attempting to add another layer to the study of Sino-Japanese relations, this article explores whether Sino-Japanese rivalry extends to the Middle East. This undertaking requires a conceptual distinction between measures related to Sino-Japanese competition in the Middle East and measures which are related to their rivalry. Building on a minimal definition of interstate rivalry, the article argues that neither the effort to secure energy supply nor their economic or political competition there is shaped by their rivalry. The only field that can be associated with that rivalry is Japan's quasi-military activity in the Middle East, which may enhance its security policy's revision. That, in turn, causes much concern and criticism in Beijing, thus assigning the region a certain role in their relations.     

Asymmetric bargaining between Myanmar and China in the Myitsone Dam controversy: social opposition akin to David's stone against Goliath

The Myitsone Dam suspension is an asymmetric negotiation between Naypyitaw and Beijing. The bilateral agreement of the hydropower project was concluded in 2009. However, Myanmar's civil society started to oppose the dam when political opportunities expanded in 2011. The quasi-civilian government in Myanmar was caught in an ‘audience cost dilemma': either to disappoint domestic constituents by fulfilling international obligations, or to compensate the Chinese dam developer for breaching the contract. In September 2011, Myanmar President Thein Sein declared the suspension of the dam throughout his tenure. Unexpectedly, China's state-owned dam company did not sue Naypyidaw. Moreover, Beijing even engaged with societal actors in Myanmar to seek their support for the project. How could Naypyitaw defy Beijing in this Myitsone Dam case? Drawing from 35 interviews with anti-dam campaigners and other stakeholders, as well as secondary data, this article argues that the rise of civil society successfully conditioned Naypyitaw's diplomatic options in the controversy. The change of Beijing's diplomatic strategy confirms that domestic constraint in Myanmar is not rhetorical. The Myitsone Dam case is an example that shows bilateral agreement without domestic endorsement can become China's business risk. Presumably, the dispute has wider implications for other Chinese overseas projects outside Myanmar.     

How China’s New Silk Road Threatens European Trade

For all the promises of mutually beneficial cooperation, Chinese policy documents about the New Silk Road, also called ‘One Belt, One Road’, mostly testify to a strong ambition to unlock foreign markets and support domestic firms in taking on foreign competitors. This confirms China’s shift from defensive mercantilism, which aims to protect the home market, towards offensive mercantilism, which seeks to gain market shares abroad. In a context of global economic stagnation, this comes as a major challenge to Europe. As China’s market share grows spectacularly in countries along the New Silk Road, key European member states have both lost market shares and even seen their exports shrink in absolute terms.     

Akutagawa Ryūnosuke's uncanny travels in Republican-era China

This study focuses on Akutagawa Ryūnosuke's Shina yūki (Travels in China): an account of a four-month journey through eastern, central, and northern China in the spring and summer of 1921. Due to Akutagawa's reputation as a writer and the account's vantage point on a transitional period in Japan's expansion abroad, Travels in China has traditionally enjoyed a prominent place in the canon of twentieth-century Japanese travel writing. What has received less attention, however, is the relation of the work to the rest of Akutagawa's literary corpus. In this paper, I situate Travels in China within the larger context of Akutagawa's ongoing interest in Chinese fiction and drama. Rather than reading Travels in China as a work of journalism, as Akutagawa initially invited his readers to do, I argue that the work is an extended exploration not only of the relationship between ‘New China’ and Akutagawa's beloved traditional Chinese culture, but also of the boundaries separating journalism, fiction, and other literary genres. Ultimately, I connect Travels in China to Akutagawa's later work: texts that similarly interrogate and deconstruct the distinctions between genres and modes of narrating experience.     

创建中国发展的新模式

该文分析了人类的生俘与社会发展的关系、社会的发展与人类文明的关系以及人类文明的演替与转折进程,并针对中国工业化历程的分析,提出要在科学发展观的统领下,创建中国发展的新模式。     

Taiwan: An Internal Affair! How China’s Domestic Politics and Foreign Policy Interact on the Taiwan Issue?

Taiwan may be an internal affair but the domestic public opinion is not invited to participate very much in a debate and a decision-making process that have remained confined to the Chinese Communist Party and the military top leadership and, on purpose, involves a very small number of officials and experts. Conservative and nationalist forces do constrain Beijing’s Taiwan policy. And some leaders are tempted to use the Taiwan issue for unrelated domestic or foreign policy purpose. Nevertheless, what is striking is the potential for flexibility in China’s Taiwan policy. While Chinese local governments and companies’ increasing interests in business-as-usual in the Strait and the unbearable cost of any armed conflict tend to narrow the government’s options, concentration of power and the efficiency of the propaganda machine allow it to rather smoothly manage, in particular vis-à-vis the elites’ conservative opinion group as well as its own public opinion, this flexibility.