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THE ORIGIN AND TRANSFORMATION OF JUDICIAL YUAN: FROM THE COMPARATIVE AND HISTORICAL PERSPECTIVE
NIE Xin
Front. Law China. 2017, 12 (3): 384-403.
https://doi.org/10.3868/s050-006-017-0022-3
The Judicial Yuan, a model of supreme judicial organization peculiar to China’s recent history, was one of the outcomes of several decades of evolution from the legal reform in the late Qing dynasty to the passage of Constitution of the Republic of China (ROC) in 1947. Its predecessor, the Dali Yuan established in 1906 by the Qing government, not only had the supreme judicial power and the power of abstract interpretation, but also enjoyed the power of interior administration independently from the outset. The Judicial Yuan, established in 1928, inherited the judicial administrative power of Dali Yuan and further expanded it. The Judicial Yuan also inherited Dali Yuan’s power to unify the interpretation of law and regulations, and expanded the power of abstract normal control (Normenkontrolle) to constitutional interpretation. The Council of the Grand Justices of the Judicial Yuan had developed the paradigm of constitutional court and shared similarities with the Federal Constitutional Court of Germany. It is safe to conclude that even before the promulgation of the Constitution of the ROC, the Judicial Yuan was fairly well-developed in institutional terms. The key characters of the ROC Judicial Yuan include the special arrangement of judicial administration, a centralized judicial review by the Council of the Grand Justices and a diverse judicial trial mode.
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SOCIAL PROTECTION INNOVATION AND CHALLENGES IN CHINA AND AFRICA: SELECTED COMPARATIVE PERSPECTIVES
Marius Olivier
Front. Law China. 2017, 12 (3): 429-472.
https://doi.org/10.3868/s050-006-017-0024-7
This contribution concerns social protection innovation in China and Africa as regards aging populations and social security extension to informal workers. China has adopted and extended several contributory schemes and non-contributory arrangements. Yet, the country faces significant challenges in terms of a funding gap, high urban contribution rates, inadequate benefits and an existing benefit gap, inequality in the treatment of public versus private sector workers, and insufficient migrant worker coverage and portability arrangements. While population aging is less of a problem in most African countries, African retirement arrangements experience challenges in relation to funding limitations, and a host of shortcomings as regards contributory schemes and non-contributory arrangements. China has seen a decline in the numbers of those who work in the informal economy. Ensuring proper coverage of such workers have included strengthened labor market regulation: An integrated approach is called for. In Africa, access by these workers to social security is limited. Attempts to achieve coverage extension have included conceptual developments, institutional initiatives, tailor-made design modalities, and a range of supportive arrangements (such as access to finance and to markets). All these developments reflect a new appreciation of the leading role of the state in the provisioning of social security.
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