蕭阿勤 (2008) 回歸現實: 台灣1970年代的戰後世代與文化政治變遷, Return to Reality: Political and Cultural Change in 1970s Taiwan and the Postwar Generation. 台北: 中央研究院社會學研究所, Institute of Sociology, Academia Sinica, Taipei, Taiwan.
propriety based on the tenets of Confucian morality
incorporate civil customs
dispute settlement emphasize restoring harmony in each particular case by compromise and benevolence of the parties
basically penal character of law
the orientation of the law towards the family (collectivity), not towards the individual
the emphasis placed by the law on duties, not on rights
the instrumental character of the law as a tool for governing the people
中華民國法律大多制定於1920年代晚期, 1930年代前期, 王泰升. (2015). 台灣法律現代化歷程
the Civil Code enacted in the late 1920's and early 1930's had no relation with the traditional legal system of the Empire nor with customary law
Chinese civil law was promulgated by the Nationalist government between 1929 and 1930
六法 (the system of the Six Laws): 憲法, 行政法, 民法, 民事訴訟法, 刑法, 刑事訴訟法; 唯獨行政法領域未曾於民國時代中國階段,制定出較具完整規模的總則性成文法典,
中華民國政府1949年台灣後, 第一代法學者倡議, 就行政法領域的總則性規範加以成文法化, 但受限於當時行政獨裁專制政治情勢, 而未被理睬
1998相繼修正公布行政訴訟法, 訴願法, 行政執行法
王泰升. (2015). 台灣法律現代化歷程
1840鴉片戰爭爆發, 西方鴉片毒品及新式船砲打開中國大門, 列強主張清朝法律落後, 乃主張領事裁判權
Foreign aggression, Opium War
British trade in Indian opium provided the first opportunity
China's attempt to control the import of opium by ordering foreign traders in Guangzhou to surrender their supplies of the drug without compensation resulted in a war (1839-1840) in which British warships blockaded Guangzhou
treaties--territorial and trading concessions
1.第一次鴉片戰爭: 南京條約(Treaty of Nanking, 1842)
2.中英善後章程: 南京條約議定後, 1842 另訂"善後章程" 八款, 其中第15條規定: 中英人民涉訟, 各依本國法律各自審訊-----英人取得領事裁判權
3.中英五口通商章程 (1843), 共15條, 明文規定英國有領事裁判權--- 開後期其他各國與我簽訂不平等條約之惡
4. 虎門條約(Treaty of the Bogue, 1843), 簽訂南京條約續約, 在虎門簽訂
set precedents for other countries
gave Britain most-favored -nation status and extraterritorial rights (extraterritoriality, consular jurisdcition)
The first provision on extraterritoriality was formulated by the British government in the light of the Treaty of Nanjing and then incorporated in the Treaty of the Bogue. English criminals were punished by laws enacted by the English government. Chinese criminals were tried and punished according to their own laws. Epstein, E. J. (1993).
China was trapped in an iron-clad treaty system from which she was not freed until 1943
foreign powers, foreign encroachments--Japan, Russia, France
19世紀末, 1898 戊戌變法(百日維新, Hundred Days' Reform, a failed 103-day reform movement from 11 June to 21 September 1898 in late Qing dynasty Chin)將領事裁判權視為法律改革理由之一, 以明治維新為模式, 欲制定憲法, 開國會, 實行君主立憲
The movement proved to be short-lived, ending in a coup d'état ("The Coup of 1898", Wuxu Coup) by powerful conservative opponents led by Empress Dowager Cixi.
新政, New Policies, New Deal (Xin Zheng): 1901-1908 (death of the Dowager Empress)
1900年（庚子年）義和團(庚子事變, 排清滅洋, Boxer Rebellion, Boxer Uprising,1899年秋－1901年9月7日), 八國聯軍(Eight-Nation Alliance, 1900年6月10日－1901年9月7日)入侵首都北京並攻入紫禁城，慈禧太后率光緒皇帝等百位皇親在忠臣隨扈下出宮避禍, 回鑾之後，滿清政府接受八國聯軍提出的《辛丑和約》，此舉對中國打擊甚大。
1901, 10月慈禧太后返還北京, 同意整頓中法, 仿行西法
radical legal reforms in imperial China was intensified by the incursion of foreign powers into the political prowess and sovereignty of the decedent Qing Empire
The incursions took various forms.
colonization, occupation, the establishment of foreign concessions and other encroachments of China's sovereignty
foreign aggression and imposition of extraterritoriality
incursions by Western imperialism
Japan's wholesale westernization of legal institutions which had begun after the Meiji Restoration in 1868
although few new Qing laws were promulgated before 1911, Qing's legal reform had prepared a solid foundation on which to continue legal reforms in Republic
By presidential decree, Qing laws were preserved except in so far they should conflict with the national character of the Republic
The collapse of the Beijing Government in 1926 and the removal of the capital to Nanjing further delayed the promulgation of new laws.
Epstein, E. J. (1993). Codification of Chinese Civil Law. In 中國法制史學會 (Ed.), 中國法制現代化之回顧與前瞻 (pp. 641-715).
黃宗樂(Hwang, T.-l. (1996). 近百年台灣法制研究之特殊意義(The Special Meaning of Studying Taiwanes Law from 1895 to 1995). In T.-l. 黃宗樂(Hwang (Ed.), 台灣法制一百年論文集(Essays on the evolution of Taiwanese law, 1895-1995) (pp. 3-12).
黃宗樂(Hwang, T.-l. (1996). 近百年台灣法制研究之特殊意義(The Special Meaning of Studying Taiwanese Law from 1895 to 1995). In T.-l. 黃宗樂(Hwang (Ed.), 台灣法制一百年論文集(Essays on the evolution of Taiwanese law, 1895-1995) (pp. 3-12).
李鴻禧(Lee, H. H. (1996). 日治時期台灣法制問題的癥結試索:實施憲政的一國兩制, A Sketch fo Taiwan Legal Problem under Japanese Colonial Rule: The Constitutional Pracice of One Nation Two Systems 台灣法制一百年論文集(Essays on the evolution of Taiwanese law, 1895-1995) (pp. 25-38)
王泰升. (2015). 台灣法律現代化歷程
王泰升, W., Tay Sheng. (1996). 日治時期台灣特別法域之形成與內涵 : 台、日的一國兩制(Taiwan Legal System under the Prewar Japanese Empire: One State Two Systems
陳櫻琴, C., Ying Chin (1996). 台灣百年經濟法的光明面與黑暗面, The Evolution of Economic Law in Taiwan 1895-1995. In 黃宗樂 (Ed.), 台灣法制一百年論文集 (pp. 296-349): 台灣法學會.
Methods employed in controlling the volume or value of goods coming into a country, usually to maintain the exchange rate of the country's currency. Also called import controls, the primary import restrictions are: (1) Tariffs (import duties) or taxes levied on the imported goods to make them costlier, (2) Import licenses or import quotas that limit the total quantity of goods imported, or imported from a certain country, (3) Currency restrictions that limit the amount of foreign exchange available for payment of imports, and (4) Prohibition that prevents entry of illegal or harmful items. The last three are collectively known as non-tariff barriers.
Our wine team is composed of devoted wine lovers who are some of the most respected professionals in the industry.
Our wine team comprises devoted wine lovers.
The trio comprised two violins and a cello.
The panel comprises experts from four industries.
The new book ___________ four sections.
The team ____________ Joe Black, Andrea Rogers, and Rabin Gupta.
The benefits package ____________ salary, health insurance, and three weeks of vacation.
Did you choose a phrase or a single word for your answers?
For each item, you may correctly use either "is composed of" or "comprises."
Accompany byusually refers to people, as in "he will be accompanied by his wife on the piano" or "...to the meeting". Accompanied with sounds wrong in this context.
'Accompanied by' is used when one thing is in the company of another thing. Perhaps my fiancée example should be 'accompanied by' only, rather than what I said earlier - that it could be both. In general, use 'accompanied by' with people.
She was accompanied by a friend.
The less common accompanied with, on the other hand, is synonymous with "in conjunction with" and would be used of things, as in "he suffers from a massive inferiority complex accompanied with a burning desire to succeed". (But accompanied by wouldn't sound wrong here, either).
'Accompanied with' is used when one thing is in some way linked to another. Perhaps the others are correct that this is a local thing, but I've certainly seen it used. Menus in restaurants often describe the food as 'sirloin steak accompanied with tartar sauce' or whatever. Also, when reading medical notes I often come across symptoms using 'accompanied with' - 'a sore head accompanied with back pain'. So, I think use 'accompanied with' with things such as these.
Legal services comprise a vital component of trade and
commercial transactions, particularly given the increased importance of multinational
enterprises, intellectual property issues, as well as international mergers and acquisitions.
extend skills courses beyond the area of traditional litigation practice
,for example, ,for instance, ,eg., , such as
I can play quite a few musical instruments, for example, the flute, the guitar, and the piano.
I can play quite a few musical instruments, for instance, the flute, the guitar, and the piano.
I can play quite a few musical instruments, e.g., the flute, the guitar, and the piano.
I can play quite a few musical instruments, such as the flute, the guitar, and the piano.
the first three phrases have commas before and after them.
Such as does NOT have a comma after it
The phrase such as can be used in the middle of a sentence without any commas. Take a look at this:
Car companies such as Toyota and Ford manufacture their automobiles in many different countries around the world.
You may be wondering why there are no commas. The answer is simple: the words after such as are necessary and essential to the meaning of the sentence. If you take out those words, the meaning will change.
Let's take out such as:
Car companies manufacture their automobiles in many different countries around the world.
What does this sentence mean? It could mean ALL car companies manufacture their automobiles in many different countries around the world. This is not true because some companies produce their cars in just one or two countries. Therefore, the phrase such as Toyota and Ford is necessary. If these words are necessary, do not use commas.
Usually only for example and for instance can begin new sentences. Each can begin a new sentence when the phrase is followed by a complete idea or sentence (not a list of items).
My father loves going to restaurants which serve exotic foods. For example, last week he went to a restaurant which serves deep-fried rattlesnake.
My father loves going to restaurants which serve exotic foods. For instance, last week he went to a restaurant which serves deep-fried rattlesnake.
When I go camping, I bring lots of things, for example, a fishing rod, matches, and a sleeping bag.
There have been many leaders in history who have tried to rule the entire world, for instance, Julius Caesar and Alexander the Great.
Do you have any hobbies, e.g., collecting stamps or baseball cards?
Food such as pizza and hamburgers are not really junk food; they contain a lot of protein and vitamins. (no commas are necessary)
Heesun has met many famous people. For example, one time she met Jacques Chirac. (there must be a comma after for example--not a colon!)
When I visit Korea, I want to go to many cities, such as Seoul and Taegu.
Evelyn has taken many psychology classes, e.g., Behavior Psychology 102, Child Psychology 223, and Group Dynamics 301.
I love old TV shows, for example, The Twilight Zone and Gilligan's Island.
Joyce has studied many Asian languages, for instance, Korean, Chinese, and Thai.
Juan loves rock musicians from the 1970s, such as Jimmy Hendrix and Janis Joplin.
I bought a lot of things in that shop, for example, games, toys, and flowers.
I bought a lot of things in that shop, e.g., games, toys, and flowers.
Don't use "and so on" directly after either of these.
don't "for example, and so on"
don't "e.g., and so on"
don't "that is, and so on".
If you do use "e.g." to list examples, you do not need to add "and so on" or "etc..." at the end of the list, because "e.g." indicates that your presenting a limited list of examples. To say "etc..." and "and so on" at the end is redundant.
et al., etc.,
The term "et al." is an abbreviation for the Latin term et alia that means and others, the others being people and not things. It is affixed after the name of a person, e.g., a researcher to indicate that additional people were involved in the work or were acting in the same manner. For example, in the sentence "The work was completed by Shimazu et al.," the term et al. indicates that Shimazu and others (his co-workers or colleagues) were involved in completing the work.
“et al.’ is a scholarly abbreviation of the Latin phrase et alia, which means “and others.” It is commonly used when you don’t want to name all the people or things in a list, and works in roughly the same way as “etc.” “The reorganization plan was designed by Alfred E. Newman, General Halftrack, Zippy the Pinhead, et al.; and it was pretty useless.”
The “al.” in this phrase needs a period after it to indicate it is an abbreviation of alia
but it is incorrect to put a period after “et.”
On the other hand, the word etc, the abbreviation of et cetera, means and the rest or and so forth. It is used at the end of a list to indicate that the list is not complete and only some of the involved items have been mentioned.
Further, when a list is introduced using "such as" or "e.g.," the use of the term "etc" is redundant.
Since e.g. indicates a partial list, it is redundant to add “etc.” at the end of a list introduced by this abbreviation.
Incorrect: It was reported that some metal ions such as zinc, copper, and vanadium, et al. were useful in the therapy for diabetes mellitus.
Correct: It was reported that some metal ions such as zinc, copper, and vanadium were useful in the therapy for diabetes mellitus.
Also Correct: Zinc, copper, vanadium, etc. were the metal ions reported to be useful in the therapy for diabetes mellitus.
In the above example, since the reference is being made to elements and not people the use of the term et al. is incorrect.
This is an abbreviation of the Latin et cetera, meaning 'and other things'. Some people say that it should not be used with lists of people, or to mean 'and so forth' when referring to events or actions: The children laughed, shouted, ran about, etc. However, its use in these contexts is well established, although (this is an abbreviation of the Latin et alii, meaning 'and others'). et al is more polite when referring to people
The more important question is whether you should use these abbreviations at all. They are useful for notes and on forms, but look out of place in ordinary writing; better to begin a list of examples with such as or for example, or to follow it with and so on, and so forth, or (with people) and others. Whatever form you use, make sure that you give some idea of what the other items might be.
In a sentence such as there are worms etc in the garden, etc could refer to almost anything: worms, beetles, woodlice, and so on suggests other creepy-crawlies, while: creatures such as worms, spiders, and frogs suggests a much wider range of wildlife. This means that you have to know what you mean: etc and its equivalents are often used when people are not sure, or cannot be bothered to think about, what they wish to include. Remember the c in et cetera is pronounced s. The et is sometimes incorrectly pronounced ek. Note also that etc and et al can be written with or without a full stop.
Avoid "etc."; use "for example", "such as", "among others" or, better yet, try to give a complete list (unless citing, for example, a list of products known to be incomplete), even if abstract. See also Strunk and White:
Etc.: Not to be used of persons. Equivalent to and the rest, and so forth, and hence not to be used if one of these would be insufficient, that is, if the reader would be left in doubt as to any important particulars. Least open to objection when it represents the last terms of a list already given in full, or immaterial words at the end of a quotation.
At the end of a list introduced by such as, for example, or any similar expression, etc. is incorrect. If
you say, "for example" or "like", do not follow this with "etc.". Thus, it's "fruit like apples, bananas and oranges". The "like" and "for example" already indicate that there are more such items.
When etc. is used at the end of a series (it should be used sparingly), set it off with commas.
The students sold homemade bread, candy, cake, etc., to pay for their trip.
and so on so forth
And so on and so forth mean the same as etcetera (etc.).
with additional related or similar things mentioned (but not specified).
She told me everything about her kids and so forth.
I heard about problems at work and so forth.
He told me about all his health problems, including his arthritis and so on.
I need some help getting ready for dinner, setting the table, and so on.
It includes, for instance, what is a command, a prayer, a statement, a threat, a question, an answer, and so forth.
The words “such as” include the idea of a few examples, but not the total set of possible choices. Therefore, don’t use “such as” with “and so on” or etc. in the same sentence. It is redundant.
The words “and so on” are generally seen as being casual or spoken language, but not appropriate for research writing. Also, don’t use “like” to give examples.--- had better not to use and so on ---- use et al.,
The term “etc.” always has a period and is the abbreviation of etcetera . You may occasionally find it in published papers, but it is not recommended. --- had better not to use etc.
Phrases with “the following” usually introduce a list and have a colon, “such as/including/includes/ the following:”
Their observations include the following: (1) Generally, austenitic stainless steel weld metal
solidifies by primary separation of austenite or ferrite from the melt…
E J, Rao et al./Theoretical and Applied Fracture Mechanics 27 (1997) p.145
It is theoretically a three-year course, on the assumption
that applicants do not necessarily have law degrees or
knowledge about the law but might have had rich and diverse
experiences they could bring into law.1" To adjust to the fact that
there are many who actually possess law degrees and need not
start from scratch, most law schools also provide a two-year
Some law schools set different entrance examinations for three-year and two-year
courses: the former would require solid knowledge of law whereas the latter tries
to select people with diverse experiences and logical minds. Others admit students
to the three-year course, and then, once students are admitted, they have to
take examinations administered by individual schools testing their knowledge of
various legal areas. If they are approved by each school as sufficiently knowledgeable,
they may receive up to thirty credits, equivalent of one year at law
school, and may finish law school in two years instead of three. The ratio of
three-year students to two-year students varies from institution to institution. It
transpired that many smaller law schools end up having no three-year students at
All students expect themselves to become qualified lawyers, although
they have to pass bar examinations, spend twelve months
training at the Legal Training and Research Institute,10 and pass
the Final Examination in order to be properly qualified. The first
group will be graduating in March 2006, and the first new bar
examination will be administered in late May of that year.21
Kamiya, M. (2006). Structural and Institutional Arrangements of Legal Education: Japan. [Article]. Wisconsin International Law Journal, 24(1), 153-195.
The French granted Vietnam independence in 1954. With the division of the country into two halves, the south became the Republic of Vietnam (ROV), and the north became the Democratic Republic of Vietnam.
Roughly eighty-five percent of Vietnam's Chinese population lived in the ROV, and despite an early, abortive "Vietnamization" drive, Chinese economic dominance prevailed during the twenty years of the Saigon regime(from 1955 to 1975).
Particularly during the Vietnam War (which the Vietnamese call the American War), the wealth of the "compradore bourgeoisie" in the ROV rapidly intensified: This was a time when opportunities for business came with the U.S. need for a trade and service network to supply its troops fighting in
Vietnam. The post-1964 years also saw an ROV government inclined to deregulate the economy and promote liberal market practices. Local Chinese businessmen were quick to seize these opportunities and expanded operations not just in their traditional strongholds of trade and services, but also in finance and light industries.... The political underside of such economic practice was the inevitable corruption of the power elite. In order tooperate... [the disadvantaged local Chinese] had to cultivate the politicians and military leaders of the ROV. At the simplest level it was wining and dining them. But a more serious form involved the use of huge monetary bribes or offers of shares in businesses
Following the country's reunification in 1976, the revolutionary Vietnamese government singled out the entrepreneurial Chinese of thesouth as "bourgeois" and "an important part of world capitalism,"
arresting and brutalizing thousands and confiscating their property, along with that of their Vietnamese counterparts.
In March 1978, all private trade was banned in Vietnam. A few months later, the government introduced a new currency and rendered existing money holdings worthless, thus completing its campaign to transform Vietnam into a socialist society. Vietnamese authorities claim that this "campaign was not directed against any particular ethnic group." Nonetheless, a disproportionate number of Vietnamese Chinese were affected. Many former businessmen and traders were left "without any means of sustaining themselves."" Others faced forcible relocation to "new economic
zones." As a result, many thousands of Chinese from the former ROV fled the country.
In 1986, after years of economic disaster and famine, and in the face of triple-digit inflation, unmanageable debt, and declining aid from Soviet bloccountries, the Vietnamese government launched a program of economic liberalization, known as doi moi ("renovation"), designed to
move Vietnam away from centralized planning toward a market-based economy. The implementation of doi moi has been described as follows:
Since 1988, Vietnam has given free priority to maintaining macro-stability while concentrating its limited administrative resources on strengthening the institutional base of its emerging market economy in order to promote micro-stability. There has been no rush to privatize SOEs [state-owned enterprises] ... as in Eastern Europe. Instead, the promotion of micro-efficiency has focused on price liberalisation, on creating space for the growth of the private sector and, finally, on imposing market discipline on SOEs both by removing the soft budget constraint and by exposure to international competition.
The effects of doi moi, in particular the inflow of foreign investment, have been more pronounced in southern Vietnam than in northern Vietnam.
As of 1995, the Mekong Delta and Ho Chi Minh City had almost 30,000 private-owned enterprises, in contrast to roughly 3400 in Hanoi and Halphong." Following familiar development patterns, doi moi has also benefited urban areas far more than rural areas, which by most accounts have experienced minimal improvement from marketization.
Economic liberalization in Vietnam has revived the entrepreneurial presence of the predominantly urban Chinese minority."' Today, the Chinese in Vietnam cluster in Ho Chi Minh City (still Saigon to most Vietnamese), where they constitute about twelve percent of the population but control thirty to thirty-five percent of that city's commercial activity. For the moment, the Vietnamese government is openly encouraging the Chinese minority to play a substantial role in Vietnam's economic development, for example by engaging in joint ventures with the government and by bringing in foreign investment from their overseas contacts.
marketization-- refers to the whole spectrum of efforts toward privatization and contractualization of economic activity in developing and transitional economies, ranging from the replacement of a command economy with market mechanisms to typical "economic liberalization" measures (such as privatization, liberalization of investment and trade restrictions, and elimination of price controls
The highest purpose of your life is to be yourself to the best of your ability and live each moment as fully as possible.
tell no one
Travel and tell no one, live a true love story and tell no one, live happily and tell no one, people ruin beautiful things. ― Kahlil Gibran
not this moment
Gestalt prayer by Fritz Perls
I do my thing and you do your thing. I am not in this world to live up to your expectations, And you are not in this world to live up to mine. You are you, and I am I, and if by chance we find each other, it's beautiful. If not, it can't be helped.
I no longer have patience by Meryl Streep
I no longer have patience for certain things, not because I’ve become arrogant, but simply because I reached a point in my life where I do not want to waste more time with what displeases me or hurts me. I have no patience for cynicism, excessive criticism and demands of any nature. I lost the will to please those who do not like me, to love those who do not love me and to smile at those who do not want to smile at me. I no longer spend a single minute on those who lie or want to manipulate. I decided not to coexist anymore with pretense, hypocrisy, dishonesty and cheap praise. I do not tolerate selective erudition nor academic arrogance. I do not adjust either to popular gossiping. I hate conflict and comparisons. I believe in a world of opposites and that’s why I avoid people with rigid and inflexible personalities. In friendship I dislike the lack of loyalty and betrayal. I do not get along with those who do not know how to give a compliment or a word of encouragement. Exaggerations bore me and I have difficulty accepting those who do not like animals. And on top of everything I have no patience for anyone who does not deserve my patience.
self esteem by Virginia Satir
I am Me. In all the world, there is no one else exactly like me. Everything that comes out of me is authentically mine, because I alone chose it -- I own everything about me: my body, my feelings, my mouth, my voice, all my actions, whether they be to others or myself. I own my fantasies, my dreams, my hopes, my fears. I own my triumphs and successes, all my failures and mistakes. Because I own all of me, I can become intimately acquainted with me. By so doing, I can love me and be friendly with all my parts. I know there are aspects about myself that puzzle me, and other aspects that I do not know -- but as long as I am friendly and loving to myself, I can courageously and hopefully look for solutions to the puzzles and ways to find out more about me. However I look and sound, whatever I say and do, and whatever I think and feel at a given moment in time is authentically me. If later some parts of how I looked, sounded, thought, and felt turn out to be unfitting, I can discard that which is unfitting, keep the rest, and invent something new for that which I discarded. I can see, hear, feel, think, say, and do. I have the tools to survive, to be close to others, to be productive, and to make sense and order out of the world of people and things outside of me. I own me, and therefore, I can engineer me. I am me, and I am Okay.