Thèses sur le sujet « Chinese land law »

This thesis examines the theories and practices surrounding the rural land takings law in modern China. It identifies and rejects the dominant Transition Paradigm in the existing literature which treats the contemporary crisis of rural land expropriation in China as a case of unfulfilled constitutional promise and dispenses prescriptions aimed at developing the Chinese expropriation law towards the supposedly more advanced models of takings law found in other countries, especially the USA. By unearthing the long overlooked historical lineage within which the rural land takings law evolves over the past century in China, including the almost forgotten original takings clause in the 1954 PRC Constitution and the foundational theories propounded by both the communist and nationalist parties, this thesis offers a much richer picture on how and why the Chinese expropriation law has become the way it is today. It shows that the widely recognized phenomenon of “land finance” is a symptom rather than cause of the problem, which lies in the deeply entrenched tradition of rural land takings for the party-state’s social transformative programmes, rendering the Chinese experience incomparable to that of any other countries. The current takings clause in the 1982 PRC Constitution and the present law in this area, despite the relevant reforms over the past decade, remain to faithfully reflect such a tradition characterized by the state’s plan-based top-down control over rural land and the presumption of state expropriation in non-agricultural use of rural land. Since these have been the paramount features of the Chinese land regime for over half a century and are unlikely to change in the foreseeable future, most of the reform recommendations made in the existing scholarship are either irrelevant or unfeasible. However, this is not to say that no change is possible. A more modest yet more realistic reform proposal will be put forward.

This thesis represents an investigation into the strategies used by postsocialist Chinese male subjects to articulate their subjecthood and desires. The introduction explains the choice for using a phenomenological methodological approach in addressing the issue and also lays out the simultaneous goal of this thesis to inaugurate a move away from political allegorical interpretations as the standard for reading contemporary Chinese literature. The body chapters look at two different contemporary Chinese works to help illuminate the arrival of the Chinese subject. Using Wang Xiaobo's novella "Sentiments Like Water" and the anonymously penned online novel Beijing Story as case studies, this thesis investigates the ways alternative epistemologies and uses of history can undo pathological understandings of queerness and create new identities for Chinese subjects. The thesis concludes with thinking about the direction of the queer and Chinese studies fields and offers future points of investigation.

Aiming to make an intervention in both emerging Slow Cinema and classical Trauma Cinema scholarship, this thesis demonstrates the ways in which the post-trauma cinema of Filipino filmmaker Lav Diaz merges aesthetics of cinematic slowness with narratives of post-trauma in his films Melancholia (2008), Death in the Land of Encantos (2007) and Florentina Hubaldo, CTE (2012). Diaz has been repeatedly considered as representative of what Jonathan Romney termed in 2004 “Slow Cinema”. The director uses cinematic slowness for an alternative approach to an on-screen representation of post-trauma. Contrary to popular trauma cinema, Diaz’s portrait of individual and collective trauma focuses not on the instantenaeity but on the duration of trauma. In considering trauma as a condition and not as an event, Diaz challenges the standard aesthetical techniques used in contemporary Trauma Cinema, as highlighted by Janet Walker (2001, 2005), Susannah Radstone (2001), Roger Luckhurst (2008) and others. Diaz’s films focus instead on trauma’s latency period, the depletion of a survivor’s resources, and a character’s slow psychological breakdown. Slow Cinema scholarship has so far focused largely on the films’ aesthetics and their alleged opposition to mainstream cinema. Little work has been done in connecting the films’ form to their content. Furthermore, Trauma Cinema scholarship, as trauma films themselves, has been based on the immediate and most radical signs of post-trauma, which are characterised by instantaneity; flashbacks, sudden fears of death and sensorial overstimulation. Following Lutz Koepnick’s argument that slowness offers “intriguing perspectives” (Koepnick, 2014: 191) on how trauma can be represented in art, this thesis seeks to consider the equally important aspects of trauma duration, trauma’s latency period and the slow development of characteristic symptoms. With the present work, I expand on current notions of Trauma Cinema, which places emphasis on speed and the unpredictability of intrusive memories. Furthermore, I aim to broaden the area of Slow Cinema studies, which has so far been largely focused on the films’ respective aesthetics, by bridging form and content of the films under investigation. Rather than seeing Diaz’s slow films in isolation as a phenomenon of Slow Cinema, I seek to connect them to the existing scholarship of Trauma Cinema studies, thereby opening up a reading of his films.

This thesis argues that the ‘rule of law’ was not followed in colonial and post-federation Australia in relation to a fundamental principle of the common law. According to the rule in Calvin’s Case (1608), no person born as a ‘subject’ in any part of the King’s dominions could be an ‘alien’. This was the legal position in Australia from the reception of English law until well after federation. In colonial and post-federation Australia the racial meaning of ‘alien’ was consistently used in political and legal contexts instead of its proper legal meaning. In legislation and parliamentary debates, cases and prosecutions, inter-colonial conferences and conventions it was employed to refer not merely to those who were ‘aliens’ under the common law but also to people regarded as ‘aliens’ in the broader or racial sense of the word, especially those of non-European background. Chinese and Indian settlers, Pacific islanders and even indigenous Australians were treated as ‘aliens’ in Australia even if under British law they were actually ‘subjects’ of the Crown and not ‘aliens’ at all in the accepted legal sense. In the 1820s and 1830s the New South Wales Supreme Court thought it inconceivable that ‘barbarous’ indigenous inhabitants could ‘owe fealty’ or allegiance to the British Crown, considering their legal position analogous to that of ‘foreigners’ or ‘strangers’. In debates on exclusionary legislation in the 1870s and 1880s, parliamentarians in the Australian colonies portrayed all Chinese settlers as ‘aliens’, despite acknowledging that many came from Hong Kong, the Straits Settlements or other British possessions. Immigrants from British India were generally treated the same way. Delegates to Australia’s constitutional conventions in the 1890s, including prominent legal figures, repeated this mistake. And in the 1900s Pacific islanders born in Australia as British subjects were deported as ‘aliens’ with the approval of the Australian High Court. The misuse of ‘alien’ in this case contributed to a defective judgment still cited today in support of the Commonwealth’s claims to extensive exclusionary power. Between federation and the Second World War, Queensland’s dictation test legislation and industrial awards regulating various occupations provide many examples of the misuse and manipulation of the term ‘alien’ in a legal context. In prosecutions under these laws the word was used as a weapon against non-Europeans whether they were ‘aliens’ under the law or not. Commentators both in the early years of federation and in more recent times have failed to identify the misuse of ‘alien’– and have made the same error themselves. This mistake is critical because of the continued force of the term in Australian law. The Commonwealth’s sweeping power to define who shall be citizens of Australia and to exclude, detain indefinitely without trial and deport ‘aliens’ is still justified by reference to colonial and post-federation cases and constitutional convention debates where ‘alien’ was incorrectly used in its racial sense contrary to the rule of law.

The thesis aims to clarify the historical profile, the particular characteristics and the various dissertations of the Medieval property theory dominium utile and to confront it with analogue institutions in traditional Chinese law. The author intends to confirm that dominium utile was by nature the reflection of a Medieval idea of property on the giurisprudence. Considered as an artificial introduction of the Civil Law, the dominium utile was frequently described as a secondary property by the doctores. Yet such a dipendent feature doesn't diminish the role it played on both theoritical and practical dimension. Dominium utile is deeply rooted in the system of property elaborated by Bartolus, thus reveals how the Medieval giurists emphysized the economic essence of property at the expense of the unity and exclusivity of dominium. The Roman dominium now is replaced by the Medieval dominia. In spite of the harsh rebukes of the legal humanists who were active in the 16th century, dominium utile won the support of many illustrious jurists thanks to its irreplacable value for the jurists who were engaged in responding to land problems of that time. The separation of two dominia exists in traditional Chinese law, too. Diffrent from the European experience, in China the separation of property was realized by customary law. People gave a particular attention to the economic value of a land to the extent that the tenant could claim the property of the surface of the land, while the owner had nothing more than the property of the bottom. The customary law tended to erode the formal property, which ended up becoming a right to the rent. This phenomenon can explain partly why the traditional Chinese law was not able to develop a modern conception of the property by itself. Aware of this deficit, the legislators of the Repubblic of China set out to suppress the separation of property by means of codification during the 1920s and the 1930s. For them, the establishment of a European property is necessary to modernize the country. Such a consideration doesn't disappear even afer the abolition of the codification of the Repubblic of China in Mainland China.

碩士
華梵大學
工業設計系碩士班
94
Abstract In China, the landscape paintings have been developing for more than one thousand years. They represent a cultural phenomenon in terms of significance, sublimation and artistic achievements. A famous saying about the art of painting by Zhang Zao in Tang Dynasty goes, “To imitate the Nature, and to express the inner of the painter.” In short, the landscape painter needs to follow the Nature on the one hand; he will depict his reflections on the other. It points out the essential principle in the creation of landscape paintings. Based on my experience of painting throughout these years, I have come to realize that to be a part of Nature is important in the art of creative paintings. I choose the landscape around the West Lake as the theme of my work mainly because I have been profoundly influenced by it since a small girl. I have visited the Lake at issue for four times, deeply impressed by the local customs, views and constructions. Hardly could I leave behind the impressions it has made on me. For years, there have been numerous poems and articles written by the men of letters in history to praise the beauty around the Lake. Through reading these literary works which reflect the people’s affections to the Lake, I have developed a further understanding about this Lake area. And this, at the same time, inspires me to proceed with an artistic creation about the superb landscape of the West Lake. It is common to see painters, relying on their own artistic techniques, express their aesthetic conceptions through images. This phenomenon will help reveal the artistic working and taste of the painters. To testify what I have learned, I will try to put my impressions and feelings about the landscape around the West Lake in the painting. I will proceed with the painting in Chinese ink and wash. This is, in every way, is a big challenge to me. This thesis is divided into five chapters. The first chapter is the Introduction, revealing the motivation, the methodology, the range and purpose of the thesis. The second chapter is devoted to studying in what way the painting styles and expressions are changed due to the move of the capital city of the Southern Sung Dynasty to Lin An. My study enables me to acknowledge the most appropriate way of painting the landscape of Southern China. Moreover, it also helps me construct the concept of the creation of the mind-image of the West Lake. Chapter three depicts the creative ideas of the author. They are focused on the following four essential points: “Get the significance in accordance with the shape ”, “Imitate the Nature”, “Chi, rhythm, thought, view, brush, ink,” and “Read and travel.”. I believe these four major essences will supply me with creative power. They will enable me to review my capabilities of painting creation. Eventually, they will elevate me to a higher level. Chapter four concerns the work analyses. I will apply the related theories to my works about the West Lake so as to exam how well they stand. Chapter five is the Conclusion. It expresses my reflections during the process of creation and study, and my expectations in the future. Keywords: The mind-image of the West Lake The mind-image The West Lake.

碩士
國立臺灣藝術大學
戲劇學系表演藝術碩士班
99
The "Lan Hua Hua" musical piece of the Chinese Bamboo Flute discussed in this thesis was re-created by Zhang Yong-Ming in 1992, according to the musical theme, storyline, of the northern Shaanxi folksong "Lan Hua Hua", and the same name "the Ballade of Lan Hua Hua" of the chinese Erhu which was created and Composed by Guang Ming. On the basis of using the primitively musical background of "Lan Hua Hua" of the northern Shaanxi folksong as a starting point, Chapter 3 studies the musical characteristic of Shaanxi, causing by its unique physical environment, social culture, and life style. Second, Chapter 4 explains the creation concept of "the Ballade of Lan Hua Hua" of the chinese Erhu composed by Guang Ming, and then analyzes the "Lan Hua Hua" musical piece of the Chinese Bamboo Flute which was re-created by Zhang Yong-Ming. In addition to explore and discuss the musical background and the creation concept of the "Lan Hua Hua", Chapter 5 also analyzes the musical form of “Lan Hua-Hua” of the Chinese Bamboo Flute through following different perspectives : musical form, melody feature, tempo, rhythm, etc. Then, Chapter 6 discusses how to apply the performance skills of Chinese Bamboo Flute to interpretate the "Lan Hua Hua" music well. At last, Chapter 7 summarizes all the facts during this research and presents the final conclusion of this thesis.

碩士
國立臺灣大學
哲學研究所
100
This dissertation centers on You-Lan Feng’s “New Compilation of History of Chinese Philosophy” and explore the methodology of Chinese philosophy from its analytic structure. This dissertation is divided into three parts. The first part is to clarify You-Lan Feng’s method of Chinese philosophy and to describe the difference of method of Chinese philosophy in his different periods of research. The second part is to divide the “New Compilation of History of Chinese Philosophy” into four types of analysis, including research of intellectual history, interpretation of texts, conceptual categories and philosophical problems. In the research of intellectual history, I will explain that how You-Lan Feng discusses the development of Chinese philosophy from the political, economic and historical factors. In the interpretation of texts, I will discuss You-Lan Feng’s text and show his attitude of Chinese philosophy. “Conceptual categories” and “philosophical problems” are two contact points of research of Chinese philosophy. The last part is about “ theory of perfection”, I will explain those different states of the subject ,the person, while processing in practice.

碩士
慈濟大學
教育研究所
92
Abstract The research objective is to design the incorporation of Passage & Serene Thoughts (Chin-Szu-Yu) teaching into Chinese subject teaching curriculum by way of the action research method in order to discuss whether the incorporation of Passage & Serene Thoughts (Chin-Szu-Yu) teaching into Chinese subject teaching curriculum changes students’ willingness to learn Chinese, raises their humanism ability, changes the mentor-disciple relations and allows one to re-examine one’s professional growth as well as faith. This research took place between April 2003 and May 2004 with the duration of more than one school year and the research subjects are second-year students from classes number five and six of Su Ao Junior High School, where the researcher works. The cycling process of the action research was in three phases with ten units of teaching activities. The researcher undertook self-examinations, observations, interviews, documentary analysis and questionnaire surveys to compile data when facing teaching problems and solutions thereto occurred in teaching activities of each unit. The findings of the research are: 1. Passage & Serene Thoughts (Chin-Szu-Yu) teaching provides clear affection teaching structure for Chinese teaching. 2. Due to exam pressure and effects of the traditional curriculum, students’ willingness to take initiative to learn Chinese did not demonstrate significant change. 3. Students showed higher learning interest and greater willingness to participate in Passage & Serene Thoughts (Chin-Szu-Yu) teaching activities. 4. After the implementation of Passage & Serene Thoughts (Chin-Szu-Yu) teaching, students demonstrated more respect for people, things and objects. 5. Students showed more gratefulness after the implementation of Passage & Serene Thoughts (Chin-Szu-Yu) teaching. 6. Passage & Serene Thoughts (Chin-Szu-Yu) teaching leads to more harmonious atmosphere under which teachers and students interact with each other. 7. Teachers adopted many teaching techniques in implementing Passage & Serene Thoughts (Chin-Szu-Yu) teaching. 8. The administrative supports by schools and assistances from colleagues were the driving force behind teachers’ growth and improvement. Finally, two recommendations are made for the purpose of references in accordance with research results and what has been learned. 1. This research can be treated as a subject teaching and implemented in the comprehensive field and club activities. 2. In terms of implementing Passage & Serene Thoughts (Chin-Szu-Yu) teaching, emphasis should be put on teachers’ setting themselves as good examples. Key words: Passage & Serene Thoughts (Chin-Szu-Yu) teaching, Chinese subject teaching, Humanism spirit, Action research

碩士
國立臺南藝術大學
古物維護研究所
95
Abstract As forms of mounting Chinese paintings, the handscroll, the hanging scroll, and the album-style mounting are culturally-unique decorations among other Eastern art forms. Besides the aesthetic value, these forms of mounting can also protect the painting itself. The album-style can be categorized, in accordance with the layout of the painting, into horizontal and vertical bindings—the horizontal binding can be flipped sideways, whereas the vertical binding is browsed up and down. The various forms of mounting can be traced alongside the development of book-binding techniques. In the early times the words were written on bamboo slips or silk. These texts were written from right to left and downwards, and therefore for storage the pages were scrolled from left to right. It was not until the Tang Dynasty that a shift in the materials and habits of writing revolutionized the way books were bound, and thus the Jingzhe Zhuang appeared. In the Sung Dynasty, the development of printing technology enabled the realization of horizontal book-binding, which in turn brought about the horizontal binding style of paintings. The change in form is often due to changes in habit, which interact with the socio-cultural circumstances to gradually evolve. This thesis takes the repairing project of 「（Ming）Lan Ying's Album」 as an example, choosing an appropriate way to investigate the actual condition and treat. With the renovation and preservation in mind, this thesis shall attempt to understand the historical evolution of album style, taking the cultural and technical elements of「（Ming）Lan Ying's Album」into consideration and juxtaposing its repairing project with the historical progress and protection of forms of album style. Contemplating some common damages among the leaves of albums, this thesis shall present some suggestions in the methods and protection of the material, in order to minimize the damage. Key words:〝chinese painting album〞, 〝books〞, 〝butterfly binding〞（hudie zhuang）, 〝tuipeng binding〞, 〝preservation〞

碩士
國立雲林科技大學
漢學資料整理研究所碩士班
94
The Chinese Secular Novel describes the part of the family livelihood in Ming-Ching dynasty, it also depicts multiple identities for the female in the family. For female, this part has deeper description about the position of the Mother. The Chinese Secular Novel reflects the responsibilities of bearing、rearing、educating for Mother in the family. The implement of the motherhood has indispensable importance even override the implement of the women and becomes the priority. The images of Mother show the both importance of the 「Kind」、「Strict」. 「Kind」 showes mainly care in the regular day. Mother reveals the love of female and temperament of concerned. The Novel has essential expectation and shape of hugging baby for Mother from the importance of the motherhood and implement of the motherhood. The 「Strict」 means the attitude of educating. There are samples about teaching child by mother in the Ming-Ching dynasty, but the teaching does help indirect, not teach directly and the attitude should insist strict and make child successful. The role of Mother not only maintains the family order, but also trains womanhood for daughter and becomes the transmission of female experience. In the ethical idea of China filial piety, the fame of Mother’s identity promotes. After Becoming Mother, female have important stats and power for the family. In the environment of Father’s decreasing, it even confirms he mother’s power in the family and influence for the children. The Novel showes some images of might for part of Mother, but the status of female in the family should depend of situation. We can’t just say “female was got stress”. The broad images of Mother still can’t do without kind and sacrifice, but mother shows variety images in the Chinese Secular Novel. The Novel not only means the high technique of forming people character, but also can see the respect and image of the mother through mother’s image.

碩士
國立臺灣藝術大學
舞蹈學系
103
Opera is a treasure of Chinese culture. The performance of the Chinese Opera is presented primarily through singing and dance movements. This research was designed to investigate the importance of the role dance movement plays in Chinese Opera, and analyze the evolution of the different horseship postures on stage of Kun Opera and Beijing Opera versions “Zhaojun Leaves the Country.” The evolution of the different horsewhip postures on the stage, and the impact on the interpretation of the role of dance drama were expected to provide a reference of creation for opera and dance performers. The four opera performers analyzed for this study were Xiao-Yun Shang, Zheng-Qiu Gu, Hai-Ming Wei, and Rui-Lan Tang. Qualitative documents and observations were collected for analysis. Based on the image capturing data, drawings of dance tracks and text commentary were created to explain each horsewhip figure movement. The conclusions drawn from the analysis of this data are summarized as follows: 1) Through the interpretation of the four famous performers’ use of horsewhip postures on stage “Zhaojun Leaves the Country,” it highlights the importance of the dance movements in Chinese Opera. 2) To sum up, the developments and changes of the different horsewhip postures of the four famous performers have been evolved and refined from “Civil Opera with Military Style” to “Civil Opera with dancing and singing.” 3) By innovating and re-arranging the movements of opera dance, the performers shape the roles and create their own personal styles. 4) The provided research results analyzing the evolution of the horseship postures of the four performers using “Martial Arts” and “Dancing” styles, can be used as a reference for future creators.