In dealing with the problem of determining whether a debt should be a marital community debt and how such a debt should be collected,judges may have different value orientations regarding the tradeoff between the prot...In dealing with the problem of determining whether a debt should be a marital community debt and how such a debt should be collected,judges may have different value orientations regarding the tradeoff between the protection of marriage and family and the protection of the creditors,which needs to be studied based on empirical evidence.After the Judicial Interpretationss[2018]No.2(Fa Shi[2018]No.2)was enacted,we analyzed 863 judgments and motions of the Supreme People's Court of the People's Republic of China(PRC)and the high people's courts,and found that under the framework of existing normative regime,judges can still reach different valuejudgmentssbasedondifferent interpretative techniques.Judges differed in interpreting the terms of“common intent,”“family daily needs,”“common livelihood,”and1“joint production and operation,”and they applied various debt collection rules.These facts indicate that sometimes judges have a complex value balancing process in marginal cases,and they have made different value judgmenttthroughh extending or confining debt determination rules or debt collection rules.In some other cases,the different application of rules indicate that judges have interpreted those rules in a wrong way.By studying the judges'existing value orientations and how judges made their decisions,we can evaluate whether existing rules for determining and collecting marital community debts have balanced conflicting values properly,and such facts can also build further consensus for the development of rules.展开更多
Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption ...Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption movement could last and whether it could finally succeed. Targeted at the CDIs＇ historical problems and the adapting problems of the specialized-anticorruption-commission model （SAC）, this article is composed of five parts, including： the historical non-specialized mission and the structural three-transform reform of the CDIs; the historical non-independence of the CDIs within the dual leadership framework, and its recent reforms; a new understanding of the sufficiency of the CDIs＇ capacity compared with China＇s Hong Kong＇s ICAC, a successful example of the SAC, to overcome the distance problem in adapting the SAC; recent reforms on the accountability and disclosures of the CDIs to overcome the time consistency problem; and the conclusions for current achievements, with brief discussions of recent anticorruption strategies and the limitations or unresolved issues, and the lessons to adapt the SAC.展开更多
文摘In dealing with the problem of determining whether a debt should be a marital community debt and how such a debt should be collected,judges may have different value orientations regarding the tradeoff between the protection of marriage and family and the protection of the creditors,which needs to be studied based on empirical evidence.After the Judicial Interpretationss[2018]No.2(Fa Shi[2018]No.2)was enacted,we analyzed 863 judgments and motions of the Supreme People's Court of the People's Republic of China(PRC)and the high people's courts,and found that under the framework of existing normative regime,judges can still reach different valuejudgmentssbasedondifferent interpretative techniques.Judges differed in interpreting the terms of“common intent,”“family daily needs,”“common livelihood,”and1“joint production and operation,”and they applied various debt collection rules.These facts indicate that sometimes judges have a complex value balancing process in marginal cases,and they have made different value judgmenttthroughh extending or confining debt determination rules or debt collection rules.In some other cases,the different application of rules indicate that judges have interpreted those rules in a wrong way.By studying the judges'existing value orientations and how judges made their decisions,we can evaluate whether existing rules for determining and collecting marital community debts have balanced conflicting values properly,and such facts can also build further consensus for the development of rules.
文摘Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection （CDIs）, it is important to understand these reforms to answer how long this anticorruption movement could last and whether it could finally succeed. Targeted at the CDIs＇ historical problems and the adapting problems of the specialized-anticorruption-commission model （SAC）, this article is composed of five parts, including： the historical non-specialized mission and the structural three-transform reform of the CDIs; the historical non-independence of the CDIs within the dual leadership framework, and its recent reforms; a new understanding of the sufficiency of the CDIs＇ capacity compared with China＇s Hong Kong＇s ICAC, a successful example of the SAC, to overcome the distance problem in adapting the SAC; recent reforms on the accountability and disclosures of the CDIs to overcome the time consistency problem; and the conclusions for current achievements, with brief discussions of recent anticorruption strategies and the limitations or unresolved issues, and the lessons to adapt the SAC.
