2020, 26(1):1-18. DOI: 10.11835/j.issn.1008-5831.jg.2019.05.001
Abstract:Promoting the growth of the Yangtze River Economic Belt is an important strategy for China's overall development. It is of great theoretical value and practical significance to explore how to realize the high-quality economic development of the Yangtze River Economic Belt under the principle of "implementing big protection and prohibiting large-scale development".On the basis of the core-periphery model,and in view of reality of the Yangtze River Economic Belt,the paper establishes a modified multivariate spatial economic model,and makes a spatial mathematical modeling of the 11 provinces and cities belonging to the Yangtze River Economic Belt. Later,the SBM-undesirable empirical model analysis is conducted to further systematically argue the rationality of the segment-development mode and the regional economic integration mode for the Yangtze River Economic Belt high-quality development.The results show that the segment-development mode,due to the obvious influence of administrative barriers,will lead to greater difficulties in the flow of economic factors among regions,which will eventually make the development of the Yangtze River Economic Belt equalized and balanced,not conducive to the high-quality development of the Yangtze River Economic Belt and restrict the regional economic vitality. On the other hand,the regional economic integration mode will continuously weaken the influence of administrative barriers of provinces and cities within the Yangtze River Economic Belt,and improve inner trade conditions. The flow rate of economic factors will also be enhanced among provinces and cities,and ultimately the Yangtze River Economic Belt would effectively change the economic growth mode,form a self-organized agglomeration equilibrium,and achieve high-quality development of the overall economy. Besides,there exists a threshold value for the Yangtze River Economic Belt's agglomeration transformation. The above mentioned regional economic integration mode will lower this threshold value and reduce investment in the transformation process and enhance economic efficiency.
2020, 26(1):19-30. DOI: 10.11835/j.issn.1008-5831.jg.2019.05.002
Abstract:The development of the digital economy has played an important role in promoting the innovation-driven strategy of the Yangtze River Economic Belt,in achieving high-quality economic development,and in addressing the problem of inadequate development imbalance. Based on the digital economic index,by using spatial econometric model and mathematical statistics analysis,this paper attempts to explore the spatial pattern of the digital economy in the Yangtze River Economic Belt and its influencing factors. The results show that the development level of the digital economy in the Yangtze River Economic Belt is generally low,the geographical distribution is significantly different,and the development level is decreasing from the downstream to the upstream. The digital economic city hierarchy is not dominated by the economic level and does not completely follow the existing geospatial-based hierarchy. The digital economy of the Yangtze River Economic Belt is a hotspot-transitional-secondary hotspot-cold-point spatial differentiation pattern,and cities such as Shanghai,Suzhou,and Jiaxing are digital economic hotspots; geographically weighted regression results show that information level of development,city level,and industrial structure have significantly improved the level of digital economic development in the Yangtze River Economic Belt. The economic level,population size,and human capital have little effect,which means that regions with poor economic bases can also rely on upgrading information infrastructure and promoting industrial upgrading,and develop the digital economy to achieve economic "changing the road and overtaking". Accordingly,it is proposed to set up institutions to formulate policies to promote the growth of the digital economy,create a base,cultivate a brand,and enhance the digital economy,deepen cooperation,and innovate digital economic models.
2020, 26(1):31-44. DOI: 10.11835/j.issn.1008-5831.jg.2019.09.007
Abstract:It is known that understanding the development status of the manufacturing industry in the Yangtze River Economic Belt scientifically and the trend of industrial transfer or undertaking along the Yangtze River Economic Belt is very important for promoting the high-quality development of the Yangtze River Economic Belt as a whole. By using the shift-share analysis method,this paper computes respectively the industrial structure components,competitiveness components and deviation components of 27 manufacturing sub-sectors in the nine provinces and two cities of the Yangtze River Economic Belt from 2005 to 2010 and from 2011 to 2015. The development types of the 27 manufacturing industry subdivisions are discriminated and the evolution characteristics are analyzed so as to get the trend of the industry transfer-undertaking in the belt,and corresponding countermeasures and suggestions are proposed. The results show that the manufacturing industry competitiveness of two provinces and one municipality directly under the Central Government in the lower reaches has weakened to a different degree,especially Shanghai and Zhejiang,so the traditional manufacturing industry needs industrial transfer urgently. The overall development trend of the manufacturing in the middle reaches is still good. However,it is necessary to speed up the transformation from big provinces to strong ones of manufacturing. It is necessary to change the industrial undertaking status and some industries with weakened competitiveness also need to be transferred. The competitive advantages of the manufacturing of three provinces and one municipality directly under the Central Government in the upper reaches are relatively insufficient. Among them,the manufacturing development advantage of Sichuan is the least obvious. While most of the manufacturing sub-sectors in Chongqing,Guizhou and Yunnan are relatively well developed,who become the important areas to undertake the transfer of manufacturing industry from the lower reaches of the Yangtze River Economic Belt.
2020, 26(1):45-60. DOI: 10.11835/j.issn.1008-5831.jg.2019.09.010
Abstract:By constructing the evaluation index system for the scientific and technological achievements transformation,this paper uses the minimum distance to the strong frontier method (mSBM) to measure the scientific and technological achievements transformation performance in China from 1998 to 2016. On the basis of analyzing the spatial correlation of scientific and technological achievements transformation performance,combined with the supply-side structural reform background,we use the spatial panel data model to empirically examine the influencing factors of the scientific and technological achievements transformation performance. The results show that China's scientific and technological achievements transformation performance shows obvious inter-provincial differences. Most of the eastern coastal provinces have relatively high scientific and technological achievements transformation performance,while the scientific and technological achievements transformation performance in the inland provinces of the central and western regions is not satisfactory. In terms of regions,the scientific and technological achievements transformation performance in the eastern region is the highest,followed by the central region and the lowest in the west region. After incorporating the spatial effect,scientific and technological achievements transformation performance not only shows spatial dependence in the global space,but also shows spatial heterogeneity in local space. The scientific and technological achievements transformation performance in most provinces is located in the spatial agglomeration area. A small number of provinces are in a spatially separated area. The results of spatial econometric model show that industrial structure,financial structure,human capital structure,economic development level,foreign direct investment effectively promote the scientific and technological achievements transformation performance,while property rights structure and government intervention have inhibited it.
2020, 26(1):61-74. DOI: 10.11835/j.issn.1008-5831.jg.2019.04.001
Abstract:At present,in order to improve the competitiveness of China's high and new enterprises,the strength of scientific and technological innovation is gradually improved. A large number of high-tech enterprises promote the investment of R&D through the form of equity incentive,and then enhance the economic efficiency of the enterprises. This paper analyzes the relationship between equity incentive and R&D investment,as well as the relationship between equity incentive,R&D input and enterprise performance by taking the above companies as analysis samples of equity incentive scheme from 2010 to 2017. The relationship among executive stock ownership incentive,executive equity allocation and R&D investment and corporate performance is analyzed. The relationship among equity incentive mode,equity incentive intensity,duration of equity incentive and R&D investment is analyzed. Finally,based on correlation and regression analysis,equity incentive can promote R&D investment,and strengthen the correlation between R&D investment and enterprise performance.
2020, 26(1):75-92. DOI: 10.11835/j.issn.1008-5831.jg.2019.03.008
Abstract:There are still market segmentations in China. The Chinese enterprises must break through these market segmentations to expand their markets. The prior studies mostly analyzed from macro factors focused on provincial level or state level. This study is the first to investigate firm's expansion nonlocal market under market segmentations from the perspective of the relationship between enterprises and government,and also firstly categorizes market segmentations (nonlocal market) to within province market (outside local city),outside province market and overseas market. This study examines the enterprises expanding nonlocal market with the survey data of the World Bank. The empirical results suggest that market segmentation impedes enterprise's nonlocal market expansion,but this is limited to within the province other than outside the province. The finding also shows that market segmentation is directional,namely it is easier for enterprises in area with serious local protectionism to expand nonlocal market. But this conclusion is only for domestic market rather than foreign market. Good relationship between enterprises and government is beneficial for enterprises to expand nonlocal market,but it is limited to markets outside the province rather than markets within the province and overseas markets. This study explains the probable reasons and implications to firms' practice.
2020, 26(1):93-106. DOI: 10.11835/j.issn.1008-5831.pj.2019.05.003
Abstract:It is an important path to implement the performance based funding requirement of the "Double First-Class" policy by assessing the efficiency of research of universities,optimizing the allocation of research resources and improving its efficiency. This article selects the "Double First-Class" universities that directly under the Ministry of Education as a sample to assess the research efficiency and its changes of universities during 2010-2015. An indicator system which highlights the quality and contribution of scientific research is utilized,and DEA-BCC model and the Malmquist index are employed. The results show that:the overall research efficiency of these universities was low,slowly improving during the period,which was mainly enhanced by the increase in management efficiency and scale efficiency; however,the scale effect was decreasing. The research efficiency of universities in the central and western regions fluctuated significantly due to the unstable research funding,and the research efficiency of universities specialized in science and engineering (S&E) continued to decrease. In the future,it should depend more on the improvement of research management and technology innovation to increase research efficiency and get rid of the heavy dependence on the factor-driven model. Moreover,it should stabilize the investment and better the match between funds and human resources of the universities in the central and western regions,and optimize the disciplinary structure of the S&E universities.
2020, 26(1):107-118. DOI: 10.11835/j.issn.1008-5831.jy.2019.06.003
Abstract:Based on the panel data of 31 provinces,municipalities and autonomous regions in China from 2015 to 2017,the DEA model is used to estimate the efficiency of scientific research in inter-provincial universities. Results show that the efficiency of scientific research in universities in different regions is generally low. Under "Double First-Class" construction,the overall efficiency of scientific research shows an increasing trend. The efficiency of scientific research in western universities is relatively high,followed by the universities in central and eastern regions. Then the Tobit model is used to analyze the factors that affecting the efficiency of scientific research in universities. It is found that the investment of human capital in universities is in a state of "scarcity" and material capital is in the state of "redundance". Scientific research institutions have such problem as focusing on quantity but not on quality. The connotative development of universities in China should focus on the accumulation of human capital and reduce the excessive investment of material capital,strengthen international exchanges and cooperation,and make great efforts to promote the construction of "Double First-Class",to improve the efficiency of scientific research in universities and to enhance the international discourse right of universities in China.
2020, 26(1):119-130. DOI: 10.11835/j.issn.1008-5831.fx.2018.12.006
Abstract:The action of partitioning res communes is action of formation,but the segmentation judgment has the nature of formation judgment and payment judgment. The action has the nature of non-contentious matter,and it is called formal action of formation,but it is characterized by litigious trial. The particularity of the nature of the case will inevitably lead to many special rules in the trial procedure. In the action of partitioning res communes,if the co-owners conduct partitioning registrations on the same res communes,the res litigiosae of the two proceedings are identical,so they constitute repeated suits. In the case of real estates' merge split,it can be considered that the res litigiosae and the defense method are implicated,the res litigiosae is different,so the court should hear for the defendant's counterclaim substantively. When the co-owners reached a settlement in the proceedings,it should have the forming force and enforceability like referee split. The value of the object in contention is not a legislative fact,and the distribution principle of burden of proof should not be applied here. For the judge segmentation method,the application of the burden of proof should not be completely excluded. It is generally accepted that the plaintiff can appeal against the partitioning methods,and it means that the parties may appeal if it is possible for them to obtain a substantially more favorable court decision. Therefore,the view is not absolute that the court is not bound by the declaration of the plaintiff's partitioning method. The principle of adverse alteration prohibition is not applied in the action. Based on the implication of the right of claim for partitioning res communes and partitioning methods,the appeal effect of the co-owners shall extend to the full suit. Even if the defendant appeals only to the judgment of allowing partitioning and partitioning methods of the first-instance judgment,the court of appeal can also investigate and judge the collaborative segmentation registration and delivery of shares.
2020, 26(1):131-145. DOI: 10.11835/j.issn.1008-5831.fx.2019.06.001
Abstract:Personal information processing not only causes negative externalities such as data security risks,but also brings positive externalities such as the realization of sharing economy in the background of big data. The causes of double externalities can be revealed by the phenomenon of "Three Paradoxes of Big Data". Based on the theory of "internalization of externalities",both the negative externalities and the positive externalities from personal information processing will be regulated if the information subject is empowered with the rights to personal information,and the data controller is empowered with the rights to big data property. However,in the background of network big data,dual externalities of personal information processing are interacted with each other and faced with some dilemmas. The theory of "mutuality of damage" in law and economics provides an economic logical explanation for regulating personal information processing behavior based on the "risk-based approach". The development of big data industry depends on the "externalization of externalities" of personal information processing to realize its sharing economy. The theory of "comedy of the commons" in law and economics provides the economic logic proof for regulating personal information processing behavior based on the "externalization of externalities" in order to meet the needs of big data industry development. For the regulation of personal information processing in the background of big data,we should enforce the transformation from the "repressive law" to the "responsive law" on ideas,the coexistence of both the "internalization of externalities" and the "externalization of externalities" on mechanisms,the coordination of both the data resources rights allocation and the digital technology power intervention on measures,so that the organic balance between big data industry innovation and personal information security can be achieved.
2020, 26(1):146-158. DOI: 10.11835/j.issn.1008-5831.fx.2019.03.003
Abstract:The provider of network services in the field of patent law should be identified on the basis whether or not it offers to sell or sells patented products through network services for network users,rather than being identified by its business type. After receiving the notice of claimed infringement from the obligee,the network service provider shall quickly remove listings from the website when the notice provides a court order,but the network service provider rarely removes listings based on mere allegations of infringement. The obligation of transferring notice is independent of the obligation of removing and has specific legal value and function. The network service provider is located at the center of information communication. In order to protect and balance the legitimate rights and interest between the obligee and network user,the network service provider should bear the obligation of transferring notice without delay both to the obligee and the network user.
2020, 26(1):159-169. DOI: 10.11835/j.issn.1008-5831.fx.2019.07.005
Abstract:Numerous cases tell us that artificial intelligence creation works can be comparable to human creations,and artificial intelligence works are already original. The design of neural network algorithms and the choosing of learning data related to artificial intelligence creation finally reflect human creative labor. Artificial intelligence works are useful supplement and enrichment in the field of human spiritual culture,and are important achievement in the improvement of creative production efficiency. Artificial intelligence works should be protected at the copyright law level. The specific protection of artificial intelligence works should refer to the film producer mode,and the copyright should belong to the investors. The value of the works should be judged by the market,and considering the difficulty of distinguishing the source of the works,artificial intelligence works should be given the same protection period as general works.
2020, 26(1):170-184. DOI: 10.11835/j.issn.1008-5831.fx.2019.05.002
Abstract:Deliver awareness refers to the victim's understanding of the property depreciation effect that can be generated by deliver behavior. In the academia,"unnecessary deliver awareness" is actually a "necessary deliver awareness" theory. The development of new payment methods and the construction of fraud crimes require a true and thorough unnecessary deliver awareness theory. This theory requires that the objective criteria should be taken in the judgment of deliver action. Therefore,in the context of the development of new payment methods,the essence of property damage and its relationship with property risks should be judged by objective criteria. Erroneous understanding under unnecessary deliver awareness theory includes the error of deliver expression and the error of deliver motive; the error of deliver motive includes the error of deliver object and deliver purpose. When judging whether the victim has erroneous understanding,it is necessary to make a normative judgment based on factors such as general concepts and the plight of the victim.
2020, 26(1):201-210. DOI: 10.11835/j.issn.1008-5831.gg.2019.05.005
Abstract:The implementation of rural ecological environment governance and rural rejuvenation strategy is the premise and foundation of each other. Rural ecological environment governance is an important way to realize rural revitalization,and the implementation of rural revitalization strategy provides a new opportunity for the governance of rural ecological environment. The problems of rural ecological environment can be attributed to absence of related subject responsibility,including local governance role absence,and some local enterprises' environmental disruption or pollution. In addition,some farmers' weak awareness of environmental protection,and non-governmental organizations' poor ability in participation can't be ignored. To achieve all-round revitalization of rural society,local governments should play the leading role,local enterprises should strength social responsibility,the farmers should strengthen the subjective consciousness,non-governmental organizations need to improve their ability in participation,and rural communities should full play the advantages of participating. Only by giving full play to their own advantages and cooperating with each other,it is possible to realize the all-round rejuvenation of the rural society.
2020, 26(1):211-221. DOI: 10.11835/j.issn.1008-5831.gg.2019.05.002
Abstract:Behind the contradiction between "Placing Righteousness above Family Loyalty" and "Kin Concealment System",there is a relationship between ethical order and public order which has both conformity and conflict. Firstly,this paper finds through theoretical research that the legislations on both "Placing Righteousness above Family Loyalty" and "Kin Concealment System" are rational. Secondly,it finds through empirical research that citizen's behaviors about sued relatives present both "Placing Righteousness above Family Loyalty" and "Kin Concealment System",influenced by trust to family members,legal quality and identification to ideology. Finally,based on theoretical and empirical research,and drawing lessons from related legislation,the author suggests that when these two kinds of order are in conflict,ethical order should be protected generally because this is the most fundamental value of human beings which law should not ignore; in special circumstances,for example,involving major crimes,we should lay stress on the priority of public order.
2020, 26(1):222-235. DOI: 10.11835/j.issn.1008-5831.jy.2019.06.004
Abstract:Because of university enrollment expansion,the number of Chinese colleges and universities is growing quickly,which has made an important contribution to the rapid development of economy and education. However,after 20 years of development,the policy environment has already changed,and the policy impact needs to be re-examined. Through data and case analysis,this paper demonstrates the decline in quality,the crisis of student resources,the oversupply and debt risk of colleges and universities,which require China to establish a withdrawal system of colleges and universities. Teachers' unemployment,higher vocational education enrollment expansion,delegate power and optimize service policies,and human capital accumulation should not be concern of the withdrawal of colleges and universities. It has social capacity and feasibility. We summarize the existing legal norms and operational procedures for the withdrawal of colleges and universities from the seven dimensions of proposing units,approving units,termination reasons,student placement,property processing,post-terminating matters,and withdrawal process. On this basis,we explore the effective withdrawal path from early warning mechanism,withdrawal criteria,withdrawal mode and after-care mechanism.
2020, 26(1):236-247. DOI: 10.11835/j.issn.1008-5831.rw.2019.10.004
Abstract:The rice price in Yangtze Valley in the early Qianlong period,affected by the government's storage policy and purchasing,was on a long term upward trend. Meanwhile,rice harvest,climate,famine and the first Jinchuan War were the factors arising drastic short term changes. Once fluctuation happened,the government adopted many macroeconomic regulatory methods to make the price steady,and local residents also managed to minimize their damages. These fluctuations have made it clear that the Yangtze Valley has formed a highly integrated rice market in the early Qianlong period.
2020, 26(1):248-260. DOI: 10.11835/j.issn.1008-5831.rw.2019.10.005
Abstract:To ensure the transportation of army provisions during the war fighting against Junggar,the Qing government attached great importance to the supply of livestock for transporting army provisions. During Emperor Kangxi's war against Gardan,livestock were mainly supplied directly from state-run pastures. In the late Kangxi period,to solve the problem of insufficient livestock for transporting army provisions,the Qing government began to set up special pastures to graze and breed livestock in some important military transit areas and on the northwest front. The Qing government also ensured the supply of livestock through purchasing,hiring or leasing,donation,and grain carriers' self-supply. Generally,the sources of livestock for transporting Qing army provisions in the Junggar War were diversified,and the effect was good,but the emphasis of supply was different at different stages. The Junggar War objectively promoted the development of animal husbandry in northwest China and provided a reference for the Qing government to develop large-scale state-run animal husbandry in Xinjiang.