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Civil Adoption in Contemporary Chinese Law: A Contract to Care

Published online by Cambridge University Press:  28 November 2008

Michael J. E. Palmer
Affiliation:
School of Oriental and African StudiesUniversity of London

Extract

An outstanding feature of the far-reaching plans for development which China has been earnestly promoting under the general rubric of the ‘four modernizations’ is the post-Mao leadership's determined effort to revive and thoroughly institutionalize a meaningful and formal legal system. There is an obvious and sharp distinction between the policies towards law pursued during the period between the mid-1950s and the mid-1970s and the more recent attempts to fashion a pivotal role for law in Chinese society. Throughout much of the course of socialist rule China's leaders have been concerned not with promoting effective legal institutions but, rather, with the direct insertion of extrinsic political norms and values into the law. During the Cultural Revolution many important legal structures ceased to function. In contrast, in the years since 1978 an important aspect of the rigorous political reaction to the uncertainty and conflict of the Cultural Revolution has been unequivocal support for the establishment of a sound legal system. The leadership now believes that systematic and regulated law-making, public awareness of the law, and proper application of the rules should be integral elements in the administration of justice in the PRC. The hope is that this approach will prevent the recurrence of arbitrary political rule, curb reliance on ‘connections’ or guanxi in bureaucratic conduct, promote economic growth and generally encourage the development of a more predictable and orderly social life.

Type
Articles
Copyright
Copyright © Cambridge University Press 1989

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References

Groot De, J. J. M. (1966) The Religious System of China, vol. I. Taipei: Ch'eng Wen Publishing Company. (Originally published 1892.)Google Scholar
Freedman, , Maurice, (1966) Chinese Lineage and Society: Fukien and Kwangtung. LondonSchool of Economics Monographs on Social Anthropology, no. 33. London: Athlone Press.Google Scholar
Freeman, , Michael, D. A. (1984) Subsidized Adoption. In Adoption: Essays in Social Policy, Law and Sociology, ed. by Philip, Bean. London: Tavistock Publications.Google Scholar
Quan, Gan (1985) Ruhe chuli shouyang jiufen an. (How to handle adoption dispute cases.) Zhongguo Fazhi Bao, 18 03 1985, no. 368: 3, cols 14.Google Scholar
Shi, Gao (1985) Shouyang anjian de shenli. (The adjudication of adoption cases.) Zhongguo Fazhi Bao, 13 05 1985, no. 392: 3, cols 3–8.Google Scholar
Zheng, Gong (1982) Baohu hefa shouyang guanxi de falu fangshi. (Legal modes of safeguarding lawful adoption relations.) Zhongguo Fazhi Bao, 28 02 1982, no. 88: 3, cols 1–2.Google Scholar
Hoggett, , Brenda, (1984) Adoption Law: An Overview. In Adoption: Essays in Social Policy, Law and Sociology, ed. by Philip, Bean. London: Tavistock Publications.Google Scholar
Hooker, M. B. (1975) Legal Pluralism: An Introduction to Colonial and Neo-colonial Laws. Oxford: Clarendon Press.Google Scholar
Qing, Hui (1983) Yi songren shouyang wei liyou shengyu di'ertai shifou weifan jihua shengy zhengce? (Is it against population policies to bear a child in order to give it away in adoption?) Faxue Zazhi, 1983, no. 6: 48, col. 2.Google Scholar
Lubman, S. (1982) Emerging Functions of Formal Legal Institutions in China's Modernization. In China Under the Four Modernizations, Part 2: Selected Papers Submitted to the Joint Economic Committee, Congress of the United States. Washington DC: US Government Printing Office.Google Scholar
MZYFZ Minzhu yu Fazhi. ‘Democracy and Legal System.’ (A popular Chinese language monthly publication which reports on legal, political, social and ethical problems.)Google Scholar
Palmer, , Michael, (1986) Adoption Law in the People's Republic of China. In Butler, W. E. (ed.), Year Book on Socialist Legal Systems: 1986 (vol. I). New York: Transnational Books.Google Scholar
Parish, W. L. and Whyte, M. K. (1978) Village and Family in Contemporary China. Chicago and London: The University of Chicago Press.Google Scholar
RMRB Renmin Ribao. (‘People's Daily.’)Google Scholar
Guojun, Ren (1982) Qiantan woguo de shouyang zhidu. (An elementary introduction to our country's adoption system.) Faxue Yanjiu, 1982, no. 1: 36–41.Google Scholar
Guojun, Ren 1984 Guanyu Shouyang de jige wenti (‘Problems of… Adoption.’) Faxue Yanjiu, (1984), no. 1: 2933.Google Scholar
Tien, H. Y. (1973) China Population Struggle. Columbus: Ohio State University Press.Google Scholar
Treitel, G. H. (1975) The Law of Contract. Fourth Edition, London: Stevens and Sons.Google Scholar
Whyte, M. K. and Parish, W. L. (1984) Urban Life in Contemporary China. Chicago: University of Chicago Press.Google Scholar
Wolf, , Arthur, P. and Huang, Chieh-shan (1980) Marriage and Adoption in China, 1845–1945. Stanford, Calif.: Stanford University Press.Google Scholar
ZGFZB Zhongguo Fazhi Bao. (A Chinese-language newspaper reporting on developments in Chinese law.)Google Scholar
Wenkao, Zhao and Junbin, Lei (1981) Ling yige yangzi bu ying xiang shou dushengzinü daiyu. (The adoption of one child should not entitle [the adopting family] to single-child privileges.) Minzhu yu Fazhi (‘Democracy and Legal System’), 1981, no. 8: 47, col. 3.Google Scholar