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《亚洲法与社会杂志》目录(2024)Volume 11, Issue 1
2024年06月27日 【作者】中国法与社会研究院 预览:



1. How Casinoization Affects the Police in Macao


Tang In Lao,澳门大学社会学系



The past two decades have witnessed Macao’s development into the casino capital of the world. Casinos have significantly transformed all respects of Macao society—a phenomenon termed as the casinoization of Macao. While much research has explored how casinoization has affected Macao’s socioeconomic developments, empirical research on the relationship between casinoization and law enforcement agencies is extremely limited. Using official statistics and interviews with serving and retired police officers as well as police applicants in Macao, this article examines the quick-money mentality, laissez-faire regulation, and the paradox of plenty, three features of casinoization, and their profound impact on the Macao police. First, the early phase of casino liberalization created a draining effect on human capital from the police force. Second, the lucrative casino tax revenues empowered the government to resolve the labour shortage issue and significantly improve the police image. Third, casinoization inadvertently reinforced the colonial legacy of laissez-faire regulation, hampering the progress of institutional reforms. Fourth, the decline of casino has contributed to the unprecedented “police fever” among the youth in Macao.


Casinos, police, Macao, post-colonialism, liberalization





2. Coexisting with Drug Addiction: Strategies Used by Hong Kong’s Older Mixed Users to Improve Their Perceived Quality of Life


文森特·程 (Vincent S. Cheng),香港理工大学应用社会科学系


In Hong Kong, the percentage of older drug users has increased over the last two decades. However, the motivations behind their drug-use behaviours have received little research attention. This study focuses on older drug users who are enrolled in methadone treatment programmes but still use illicit drugs (mixed use). Some studies in the criminological literature and government discourse consider drug users to be passive and lacking self-control. However, in-depth interviews in with 25 older mixed users (aged over 50 years) in Hong Kong revealed that mixed use is one of the various strategies they actively employ to improve their self-perceived quality of life. Using the framework of the selective optimization with compensation model, this study (1) describes the strategies older mixed users adopt as active agents to improve their self-perceived quality of life while coexisting with their addiction; and (2) explains how these strategies were affected and constrained by Hong Kong’s prohibitionist drug policy. I infer that prohibitionist drug policies that emphasize on total drug abstinence may fail to cater to the needs of older drug users who have undergone several relapses and treatments in their lifetimes and do not think they can give up using drugs. This study also provides evidence to show how some drug users may act as active agents to manage and coexist with their addiction, and their agency seems to be constrained by the wider drug policy implemented in Hong Kong.


substance abuse, older people, quality of life, drug rehabilitation, drug relapse





3. Innovation through Litigation: Prison Reform and the Legal Opportunity Structure in Taiwan


Mao-hong Lin台北大学犯罪学研究所


Drawing on the theory of the legal opportunity structure, this article traces the progress of prison reform in Taiwan by highlighting how a case of parole revocation in the beginning led to an overhaul of the prison system in the end. This article argues that, through four interpretations of the Constitutional Court and the legal opportunity structure shaped thereby, including the split between courts, creation and expansion of inmates’ access to court, and the support from allies, the prison reform was eventually achieved. Theoretically, this article makes two contributions to the literature: (1) the combination of inactive legislature and reactive executive branch as the political context is decisive to the openness of the legal opportunity structure for it increases the receptivity of a proactive judiciary; (2) the international human rights frame incorporated into the legal stock by the Constitutional Court made the prison reform an ongoing process rather than a done work.


legal opportunity structure; access to court; legal framing; parole; prison litigation; human rights





4. Understanding Health Fraud Offenders in China: An Emotional Labour Perspective


Jianhua Xu(徐建华)* 工作单位:中国澳门特别行政区氹仔,澳门大学社会科学院社会学系

Guyu Sun(孙顾宇) 工作单位:美国马里兰州,马里兰大学帕克学院,犯罪学与刑事司法系

Sinan Wu 工作单位:江苏南京,南京大学法学院

Shangyi Zhu 工作单位:中国澳门特别行政区氹仔,澳门大学社会科学院社会学系

You Zhou 工作单位:澳大利亚维多利亚州墨尔本市,莫纳什大学社会科学学院


Existing literature has highlighted the importance of recognizing health fraud offendersintentional manipulations of victimsvulnerabilities. However, the manipulation tactics of health fraud have received little attention. This study aims to extend the current understanding of health fraud by incorporating the concept of emotional labour. Nested in the Chinese context, which owns the most populous ageing population, three sets of qualitative data were collected, including 13 semi-structured interviews, 233 judicial documents, and 197 media reports. The findings suggest that health fraud offenders utilized three types of emotional labour as means of committing crime: including the labour of anxiety relief, the labour of filial piety, and the labour of social networking. This article not only provides novel insights into understanding health fraud, but also contributes to introducing the concept of emotional labour in criminological and socio-legal studies.


health fraud; emotional labour; vulnerability manipulation; older adults; China


现有文献已然强调,对于健康欺诈罪犯故意操纵受害者脆弱性的认识具有重要性。然而,健康欺诈的操纵策略却很少受到关注。本研究旨在通过纳入情感劳动的概念来扩展目前对健康欺诈的理解。本研究以拥有最多老龄人口的中国为背景,收集了三组定性数据,包括 13 个半结构式访谈、233 份司法文书和 197 篇媒体报道。研究结果表明,健康诈骗罪犯利用三种情感劳动作为犯罪手段:包括焦虑缓解劳动、孝道劳动和社交网络劳动。本文不仅为理解健康欺诈提供了新的见解,而且有助于在犯罪学和社会法学研究中引入情感劳动的概念。



5. Liability Beyond Law: Conceptions of Fairness in Chinese Tort Cases


雷切尔·E·斯特恩(Rachel E. Stern),伯克利法学院

本杰明·L·利伯曼(Benjamin L. Liebman),哥伦比亚法学院

Wenwa Gao,哥伦比亚法学院

Xiahan Wu,加州大学圣迭戈分校,可持续发展学院政治学系


Empirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to acknowledge traumatic harm. Considering fairness, then, returns Chinese courts to their longstanding role as managers of communities who respond to misfortune by assigning legal responsibility to relationships that range from intimate to surprisingly tenuous.


China; Courts; Authoritarian legality; Socialist rule of law; Interpretive approaches





Book review

1. Asia’s Emerging Scholarship in Law and Society - The Asian Law & Society Reader. By Lynette J. Chua, David M. Engle & Sida Liu. Cambridge, UK: Cambridge University Press, 2023. 430 pp. Paperback $35.50

《亚洲法与社会读本》,作者:蔡可欣、大卫 M. 恩格尔、刘思达

2. Socio-Legal Analyses of the Politics of Rights Mobilization in Asia - The Politics of Rights and Southeast Asia. By Lynette J. Chua. Cambridge, UK: Cambridge University Press, 2022. 68 pp. Paperback $20.00


3. The Problematic Situation of Freedom of Expression in Japan - Japan’s Prisoners of Conscience: Protest and Law during the Iraq War. By Lawrence Repeta, Oxford & New York: Routledge, 2023. 238 pp. Hardcover: £120.00