2019, 25(5):1-17. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.001
Abstract:Using China's export trade panel data with 60 trading partners along "The Belt and Road", from the interactive perspective of culture and trade, this paper quantifies cultural communication effects by constructing a comprehensive evaluation index system including five first-level indicators and 13 second-level indicators, and using spatial Dubin model to study the influence of spatio-temporal evolution of Chinese culture promotion by the Confucius Institute on export. Our empirical evidence shows that:Firstly, while the scale of Chinese communication promoting by Confucius Institutes in countries along "The Belt and Road" has risen steadily, but the quality of communication is low, the sustainable development is slow and the comprehensive influence is uneven. The overall potential and quality of promoting communication and exchange between cultures and nations needs to be further developed. Secondly, cross-cultural communication arouse by Confucius Institutes has a positive role in increasing China's exports to the countries along "The Belt and Road". There is not only a significant interaction effect on the countries (regions) in which they are located, but also positive spillover effects on neighboring countries.
2019, 25(5):18-29. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.002
Abstract:At present, when the thought of "reverse globalization" surges, how to improve the efficiency and potential of petroleum import under the Belt and Road Initiative is the key to ensure the energy and economic security of China in the new period. Based on the panel data of China and 42 major petroleum countries and areas during the period from 1998 to 2016, this paper constructs the stochastic frontier model of heterogeneity, which can effectively identify the inefficient factors of China's petroleum import and measure the efficiency and potential of China's petroleum import. The results show that there is a certain efficiency loss in China's petroleum import, and the trade efficiency between China and different countries and regions suggests different characteristics, especially the trade efficiency between China and Saudi Arabia, and the efficiency between China and Mongolia, Russia and Kazakhstan. The governance of the source countries of petroleum imports and the regional organization, OPEC, will help to reduce the loss of China's petroleum import efficiency, while the regional policy arrangements, such as the Belt and Road Initiative and the WTO, will reduce the uncertainty of the loss of trade efficiency.
2019, 25(5):30-43. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.006
Abstract:Poverty eradication is an important goal of African social development. China has always attached great importance to exchanges and cooperation with African countries in the field of poverty reduction. With the deepening of the practice and understanding of China-Africa anti-poverty cooperation, in the "Forum on China-Africa Cooperation:Poverty Reduction and Development Conference" in 2016, capacity cooperation has become a new theme of poverty reduction and development in China-Africa cooperation. Through the combing and analysis of relevant literature data at home and abroad in recent years, this paper finds that although China-Africa capacity cooperation, which is based on infrastructure construction, industrial park construction and trade exchanges, has played an important role in poverty reduction and development in African countries in promoting the process of industrialization and agricultural modernization, enhancing endogenous motivation for poverty alleviation, and improving the sustainable livelihood of poor people, at present, in the practice of anti-poverty capacity cooperation between China and Africa, there are still problems such as weak anti-poverty foundation and unoptimized cooperation path. Meanwhile, it is also faced with a series of risks and challenges such as intensified international competition. In order to improve the cooperation between China and Africa, promote the anti-poverty benefits, optimize the implementation path, and better solve the dilemma of cooperation, this paper puts forward relevant countermeasures and suggestions from the four dimensions of government, enterprises, think tanks and folk.
2019, 25(5):44-59. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.004
Abstract:Using village level micro data,this paper constructs a theoretical model to reveal to what extent household characteristics,means of production and poverty features influence targeted poverty alleviation. It furthermore studies the sensitivity differences among households with different levels and characters of poverty. Based on the 813 households survey data from the frontier-minority areas of Xinjiang Autonomous Region,a Binary Choice Logit Model is employed to analyze the influence of household characteristics and production conditions from three dimensions on targeted poverty reduction. The empirical study shows that age,education,cultivated acreage,poverty status and the reason of poverty are key determinants of poverty. The consequence of odds ratio calculated emphasizes that endogenous motivation plays a pivotal role in targeted poverty alleviation. From further sensitivity analysis based the same empirical framework,it is found that it is more difficult for poorer households to escape poverty not because of resource endowments but because of the lack of endogenous motivation, which not only has a significant effect on sustainable poverty reduction but can also become a long term deterrent of China's ability to build an all-round well-off society. Our key policy recommendation is that poverty alleviation effort should not disproportionally depend on resource transfers,instead,primary efforts should be made to create a production and education led facilitation mechanism to stimulate the desire for endogenous efforts of poor households. In this regard,pro-poor growth is the future direction of targeted poverty alleviation.
2019, 25(5):60-70. DOI: 10.11835/j.issn.1008-5831.jg.2019.01.002
Abstract:This paper analyzes the institutional evolution process of farmer cooperative economic organization since the founding of new China. The institutional evolution logic is dominated from regulative factor, to normative factor, to cultural-cognitive factor. The results show that the single institutional factor would lead to the problems of organizational change, the lack of organizational development motivation and the lack of normative. Therefore, this paper presents recommendations about continued perfection of legal system, adjustment of policy supply direction and shaping of cooperative values from the coordinated development level of three factors.
2019, 25(5):71-83. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.003
Abstract:Prior researches on customer's complaining behavior seem to focus on how service failures directly leads to external behavior of customers, while ignoring psychological perceptions of customer about service failure. This study researches a psychological mechanism of the customer's complaining behavior from the perspective of self-concepts. Taking travel agency tourists as subjects, the study uses controlled simulation experiment to test the influence of customer's self-threat perception on complaining motivations in different contexts of service failure, and to investigate the moderating effect of customer's self-monitoring as well. Results indicate that service delivery system failure has a positive impact on customer's public self-threat perception, demand response failure positively affects customer's public self-threat perception and private self-threat perception in the same time; employee's spontaneous redundant behavior mistake only has a positive effect on customer private self-threat perception;self-threats perception has a mediating effect between service failure and customer's complaining motivations; self-monitoring has a negative moderating effect on the relationship between self-threats perception and complaining motivations. The conclusions are of great significance for service enterprises to focus on customer's self-concept restoration to copy with the customer's complaints.
2019, 25(5):84-97. DOI: 10.11835/j.issn.1008-5831.jg.2018.11.004
Abstract:Property right protection is the core of ownership, and at the same time it is the key to success or failure of mixed ownership reform. The paper takes 238 mixed ownership enterprises listed on A shares in China in 2016 as the research sample, and uses the PSM method to select paired samples, constructs the econometric model of mixed ownership, internal control and property rights protection. The study found that mixed ownership enterprises did not significantly increase property protection level; There is an inverted U relationship between the mixed depth, the degree of the balance of shares and property protection level, namely the medium mixed depth and shares balance degree is more conducive to the protection of property rights. The property protection level of state-owned control enterprises is higher than that of non-state holding enterprises, while non-state controlling shareholders are more appropriate to balance shareholders. Good internal control helps to raise the level of property rights protection, and internal control has a significant positive moderating effect on the depth of mixed, shares balance degree and the protection of property rights. This paper enriches the research on the economic consequences of internal control, and provides relevant empirical evidence for the reform of state-owned enterprises' mixed ownership at the level of corporate governance.
2019, 25(5):98-110. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.005
Abstract:The law China Securities Regulatory Commission issued in 2016 cleared last legal hurdles of executive stock ownership incentive of Chinese enterprises. However, there still exist lots of controversies in academic circle about incentive effects of executive stock ownership incentive. In view of this, this paper sums up literatures at home and abroad, compares different opinions about how can executive stock ownership incentive influence firm performance, financing cost, investment orientation and executives' turn-over rate, financial fraud events or resisting the firm from being taken over. On the above basis, this paper discusses further study directions such as to study the profound influence of executive stock ownership incentive on executives' motivation, to address endogenous problems in stock ownership incentive studies, to compare different effects of different stock ownership incentive modes and to further discuss extensive effects of executive stock ownership incentive on a country's macroeconomy.
2019, 25(5):111-122. DOI: 10.11835/j.issn.1008-5831.pj.2019.01.001
Abstract:World-class university is a diachronic and synchronic concept. Responding to the standards of world-class universities is the fundamental problem of building first-class universities. Building world-class universities not only has the meaning of marking advanced universities in foreign countries, but also embodies the fundamental goal of laying the foundation for the development of Chinese universities, surpassing and leading the development model of future universities. Five high-reputation evaluation systems such as ARWU, THE, QS, RCCSE, and USNWR were selected, and an analysis was conducted through eliminating the value preference of primary indicators in the evaluation system and comparing the weights of indicators in secondary indicators and global comparable indicators. The study found that, domestic evaluation system has not formed an evaluation understanding with Chinese characteristics, different evaluation systems at home and abroad take global comparable indicators as important criteria of first-class university, quantitative comparable indicators are more concerned, qualitative and subjective evaluation indexes have cultural differences, and attention to level of education and reputation of school are gradually increasing. In the course from leap development to connotative development of Chinese universities, the evaluation index system of China's double-first class construction should pay more attention to the coordination between international standards and Chinese standards, between objective evaluation and qualitative evaluation, between university quality and internal logical rationality, between scientific research ability evaluation and educational function evaluation, and between strong and weak utility evaluation. In the course of building world-class universities, we should be vigilant about the statistic-only and ranking-only thinking, keep our differences as the university's essence, and take into account the academic market and the university revolution.
2019, 25(5):123-133. DOI: 10.11835/j.issn.1008-5831.pj.2019.04.003
Abstract:Smart energy system is the energy system with the characteristic of intelligence. The emergence of smart energy systems is mainly due to the difficulty of traditional energy systems to better meet the needs of human society, the rapid development of information and communication technologies, and the decline in the cost of clean energy technologies and applications. In theory, there are two representative theoretical constructs in the academic world about the idea of smart energy system. In terms of application, some advanced countries have already proposed the goal of transforming to smart energy system, and have achieved certain results in practice.
2019, 25(5):134-144. DOI: 10.11835/j.issn.1008-5831.zj.2019.03.002
Abstract:The illegal human experimentation, which created the world's first gene-edited babies, has triggered unrest and strongly condemns around the world. Based on the existing legal framework, experimenters (as well as other relevant "involved persons and institutions") in the event of "gene-edited babies" should bear legal liabilities. In China's current law (narrow sense), there is no specific legal norm on human genetic editing experiments, so there are obvious loopholes in the overall legal order. Some administrative responsibilities are stipulated in administrative regulations, but the punishment is not rigorous, and the pertinence to individual behavior of conducting illegal experiments is insufficient. In criminal law, there are no clauses to directly deal with biotechnology crimes like gene editing and human experimentation. If the illegal human experimentation of "gene-edited babies" cannot be brought into the scope of "illegal practice of medicine" with circumstances of aggravation in explanation, the implementation of criminal responsibility for the behavior of illegal experiment will be in dilemma. In terms of civil liability, participates and "gene-edited babies" (and "gene-edited fetuses") possess the right to claim damages, but there are normative difficulties in the identification and evaluation of damage. In the future, China should "accelerate the construction of early-warning and monitoring system for scientific and technological safety", "expedite and promote relevant legislation in the field of gene editing", and adopt specialized legal norms to form a consummate responsibility mechanism, especially in moderately strengthening the rigidity of responsibility in public law and specifically clarifying the claim basis in private law.
2019, 25(5):145-153. DOI: 10.11835/j.issn.1008-5831.fx.2019.01.001
Abstract:The legal construction of the great bay area is a guarantee of realizing the economic and financial development goals within this area and the process of legislation could not be broken away from the solid analysis of the legal theory. China's great bay areas are now facing the integrated economic background with the multiple scope of law in the Guangdong-HK-Macao Great Bay Area. When facing with the theoretical debates from different scholars, which are "programmatic legislative theory vs. detailed legislative theory", "top-level legislative theory vs. paralleled legislative theory" and "responsive legislative theory vs. procedural legislative theory", China should use comparative study and fully analyze the legal construction experiences in the bay area from different states before going on the legislative activity. China's great bay areas should adopt the programmatic legislative theory and the responsive legislative theory. Meanwhile, the Guangdong-HK-Macao Great Bay Area should adopt the paralleled legislative theory as a respect to the high degree of autonomy of HK and Macao, and the Zhejiang Great Bay Area is good to use the top-level legislative theory to formulate a uniform legislation.
2019, 25(5):154-166. DOI: 10.11835/j.issn.1008-5831.fx.2018.12.004
Abstract:Investigating the 20 sample cases that constitute the crime of advocating terrorism and extremism, it can be seen that such crimes have obvious characteristics of networking of criminal means, vagueness of judicial regulation scope and inconsistence of refereeing standards. Therefore, judicial interpretation should be formulated as soon as possible to scientifically define the meaning of this crime, correct the scope of criminal law regulation, improve the point of attack, and unify the refereeing scale. Judicial treatment of network advocating terrorism and extremism cases should adhere to the judicial idea of strict control and proper handling, the criminal policy of tempering justice with mercy, and the basic position of administrative disenchantment of basic illegal facts judgment. The specific sanction path is that the definition of criminalization of advocating terrorism and extremism should be carried out around the protection purpose of this crime, focusing on punishing "effectively publicizing" behaviors; quantitative restriction should follow the principle of proportionality and the principle of suiting punishment to crime and responsibility; except for individual cases, in principle, probation should be applied as the main way, with the key to the substantive judgment of applying probation lying in the consideration of "does not harm the society again"; network information tools such as mobile phones and computers have many uses, and should not be confiscated in principle. Different from traditional crimes, terrorist crimes must highlight their characteristics of preventive strikes. However, the legal bottom line of criminal law in punishing crimes must also be abided by, so that the scope and intensity of punishments can be in line with public expectations, to avoid excessive reaction.
2019, 25(5):167-178. DOI: 10.11835/j.issn.1008-5831.fx.2018.12.007
Abstract:Environmental tort cases show the complex characteristics of public and private interests intertwined. In this case filing environmental civil public litigation and private interest litigation at the same time will be inevitable, and to clarify the relationship between the two of them is very necessary. There is commonality in claims, facts, evidence, etc., between environmental civil public interest litigation and private interest litigation. This commonality can play an important procedural function in avoiding conflicts in judgments, improving litigation efficiency, and achieving a balance between offense and defense. China's current judicial interpretations have defects in the commonality between environmental civil public litigation and private interest litigation. To realize the connection between the system of environmental civil public interest litigation and private interest litigation, it is necessary to repair this defect in the future amendment and perfection.
2019, 25(5):179-187. DOI: 10.11835/j.issn.1008-5831.fx.2018.12.002
Abstract:The governance function of economic soft law is being highlighted whether in general legal principle or economic law. Therefore, it is necessary to theoretically explain economic soft law's basic types, economic governance and ideal model, as well as the path to realize the governance of economic soft law and its basic principles, so as to make economic soft law play its due function in economic governance. To achieve this goal, we first classify its sources into public policy, industrial regulation, professional standard, market transaction subject and international economic soft law norms, and etc. On this basis, we further explore the purpose of economic governance through qualitative analysis from economics and legal theory, and then explore the ideal model of economic governance from the perspective of economic law based on the essence of economic governance. The model is the soft-hard combination of "governance of normative text of economic law + governance of economic soft law", and its essence is the combination of economic soft law and hard law. Finally, applying value analysis and judging from the perspective of righteousness, this paper believes the key to realizing the governance of economic soft law is to change the cognitive concept, clarify the governance path, coordinate the implementation of hard law and soft law, and follow the two basic rules that soft law giving way to hard law when conflict appears, and soft law being a better choice when there is a harmony.
2019, 25(5):188-196. DOI: 10.11835/j.issn.1008-5831.zj.2019.03.003
Abstract:The event of gene-edited baby has put forward a new topic of "what kind of man to be cultivated", and brought new reflection on "how to cultivate man" for the new era. According to the event of gene-edited baby, this paper aims to discuss the influence and impacts on the theory of human essence, the theory of alienation and the human development from the perspective of Marxist humanism, and to analyze the main problems existing in the current personnel training in combination with the phenomenon of He Jiankui. On the basis of problem-oriented, it is proposed that talent cultivation in the new era needs combination of emotion and ration, truth and kindness, heaven and man, and knowledge and practice, to prevent the risk of new generation's alienation, and to cultivate man who can really shoulder the mission of national rejuvenation, with native land emotion, friendliness and harmoniousness, obeying the rules and regulations.
2019, 25(5):197-208. DOI: 10.11835/j.issn.1008-5831.gg.2018.12.008
Abstract:The judgment of principal contradiction facing the society in the new era is based on the status of China's social productive forces and productive relations since the 18th CPC National Congress, and is in line with relevant theories of Marxism on the times. The principal contradiction facing Chinese society in the new era has the basic characteristics of practical, affinity to the people, periodic and developmental. The evolvement of principal contradiction facing the society in the new era shows that the current contradiction between social supply and demand has changed from the previous "quantity shortage" to "quality shortage". The essence of the evolvement is the change in the nature of principal contradiction facing human society in the new era. The evolvement of principal contradiction facing the society in the new era is the specific embodiment of "changes" and "invariability" in the CPC's theory of social principal contradictions. That is, the change of the specific form of contradiction has not changed the essence of the contradiction between supply and demand being still the principal contradiction facing the society, nor has it changed the basic national conditions and international status of China. In the new era, the formulation of policies must proceed from the current reality of China and not be divorced from the reality, and the theory of principal contradiction facing the society in the new era must be adhered to. The characteristics of principal contradiction facing the society in the new era and its solutions determine the characteristics and specific content of the basic strategy of the new era, and provide a theoretical basis for its smooth progress.
2019, 25(5):209-220. DOI: 10.11835/j.issn.1008-5831.jy.2019.03.001
Abstract:The construction of world-class university in China has made remarkable achievements, but the difficulties and long-term nature are still there, and a long time work is still needed. To realize the target of higher education power, the State Council promulgated the "Overall Scheme to Push Forward World First-class University and the First-class Discipline Construction" in 2015, to recognize the current practical problems of the construction of key universities and key disciplines and come up with higher and more pressing requirements and new construction thinking of world-class university construction. Today, utilitarian tendencies and cutthroat competition have emerged in world-class university construction in China, and a spiritual guidance to change the unreasonable situation is badly in need. The spirit of craftsman and the construction of world-class university have internal logic. The spiritual core of "rigorous focus" and "perseverance", the behavior objectives of "excelsior" and "pursuit of excellence", the behavior way of "realistic innovation" and "forging ahead with determination", the learning form of "respecting teachers and valuing education" and "imparting knowledge and clearing up confusion", are highly consistent with the construction path and value pursuit of world-class university in the new era. Based on this, by integrating the spirit of craftsman into the construction of world-class university, to reconstruct construction goal with "pursuit of excellence", to promote the continuous innovation of discipline construction pattern with "realistic innovation" and "forging ahead with determination", to promote the continuous improvement of evaluation system with "excelsior", and to reshape the basic mission of universities with "respecting teachers and valuing education" and "imparting knowledge and clearing up confusion", the construction path of world-class university can be promoted and optimized, and the construction of world-class university can be comprehensively promoted.