Abstract:The 100-year history of the Communist Party of China is the history of the development of the spiritual motivation of the Chinese Communists. The development of social history is promoted by the decisive role of material to spirit and social existence to social consciousness, as well as the active reaction of spirit to material and social consciousness to social existence. Chinese Communists pay full attention to the promotion effects of spiritual motivation in struggle practices, which reflects their spiritual initiative on the premise of insisting on the decisive role of material to spirit and social existence to social consciousness and conforms to the basic viewpoint of historical materialism. Spiritual motivation originates from people's knowledge, emotion, will, ideal, faith, belief, etc. These spiritual factors of people generate "forces" in their practice, which constitutes spiritual motivation as a result. Based on the requirements of objective social existence and the spiritual needs of the subject, the spiritual motivation forms, develops, and functions, while being applied to practice through the exertion of the subject's conscious initiative, to achieve the unity of purpose and regularity. The spiritual motivation of Chinese Communists points out where they came from, how to engage well, and where to go. The power is a systematic integration of belief motivation, faith motivation, and confidence motivation, a pluralistic integration of individual spiritual motivation, group spiritual motivation, and national spiritual motivation, as well as an organic unity of spiritual creativity, spiritual cohesion, and spiritual binding force. It plays an important role in promoting various undertakings of the Party and the country, and in the self-growth of the Chinese Communists, guiding their way, inspiring their emotion, sharpening their will, and condensing their strength. From the structural perspective of spiritual motivation, Marxist belief has laid the foundation of Chinese Communists' belief and is the spiritual pillar and action guide of them; the firm belief in socialism with Chinese characteristics stipulates the road choice of the Chinese Communists and remains their source of strength; the confidence in realizing the Chinese Dream of the great rejuvenation of the Chinese nation shows the optimistic attitude of the Chinese Communists and guides their struggle direction. From the perspective of the subject who forms the spiritual motivation, it is a manifestation of the individual spirit, group spirit, and national spirit. Individual spirit is a spiritual link between Chinese Communists and the country and nation; group spiritual power shows the group cognition, group emotion, and group will; national spiritual motivation is the persistent and deep spiritual power contained in the national spiritual genes flowing in the blood of every Chinese Communist. From the perspective of the role of spiritual motivation, spiritual creativity runs through the process of Chinese Communists creatively reflecting and transforming the objective world; spiritual cohesion brings together the great power of Chinese Communists to lead Chinese revolution, construction, and reform; spiritual binding force urges Chinese Communists to keep their advanced, pure and revolutionary nature forever.

Abstract:At a ceremony marking the 100th anniversary of the founding of the CPC, President Xi Jinping put forward and summarized the great founding spirit of the Party for the first time, that is, "upholding truth and ideals, staying true to our original aspiration and founding mission, fighting bravely without fear of sacrifice, and remaining loyal to the Party and faithful to the people". The great founding spirit of the Party is conceived in the great struggle of the CPC to seek happiness for the people and rejuvenation for the nation. It originates from the great practice of China's revolution, construction and reform in various periods. Also, it embodies the ideal pursuit, original mission and political character of the CPC, which is the latest summary and refinement of the origin of spiritual pedigree of the Communists, and the spiritual origin and ideological basis for the CPC to establish, revitalize and strengthen. The great founding spirit of the Party contains rich connotations, which are manifested in the truth-seeking spirit of "upholding truth and ideals", the practice spirit of "staying true to our original aspiration and founding mission", the fighting spirit of "fighting bravely without fear of sacrifice", and the selfless spirit of "remaining loyal to the Party and faithful to the people". The great founding spirit of the Party has distinctive characteristics such as advanced, practical, revolutionary and political. It shows continuous advancement in pursuing the truth and upholding the ideals; it reflects distinctive practicality during its emergence and development in practice; it manifests completely revolutionary character during its birth, development and strengthening in struggles; it demonstrates prominent political nature in speaking about politics clearly, and remaining loyal to the Party and faithful to the people. The great founding spirit of the Party possesses significant value of the times, which is the spiritual weapon of educating people in the new era, the spiritual source of strengthening the Party and the spiritual power of a powerful country. In the new development stage of pursuing national rejuvenation in a world that is undergoing momentous changes of a kind not seen in a century, the great founding spirit of the Party has created the truth of the theory and ideal, the goodness of the original aspiration and founding mission, and the beauty of character and virtue of the Chinese Communists. It is the spiritual weapon for educating people in the new era. The great founding spirit of the Party makes the CPC always advanced and pure, never deteriorate, never change color or taste, which is the spiritual source of strengthening the Party. The great founding spirit of the Party provides spiritual support for saving, revitalizing and enriching the country, which is the spiritual motivation of a powerful country. To carry forward the great founding spirit of the Party in the new era, we should take "upholding truth and ideals" as the bedrock to strengthen our ideals and beliefs cognitively, take "remaining loyal to the Party and faithful to the people" as the connection point to promote love for the Party and the people emotionally, take "fighting bravely without fear of sacrifice" as the focus to define character, take "staying true to our original aspiration and founding mission" as the foothold to strengthen the undertaking of mission in action. Knowledge, emotion, will and action work together to truly realize the internalization and externalization of the great founding spirit of the Party.

Abstract:The Sixth Plenary Session of the 19th Central Committee of the Communist Party of China looks back on the Party's endeavors over the past century, reviews the Party's major achievements, and points out that:the Party led the people in fighting bloody battles with unyielding determination, achieving great success in the new-democratic revolution, marking the country's great transformation from a millennia-old feudal autocracy to a people's democracy, and also reshaping the world political landscape and offering enormous inspiration for oppressed nations and peoples struggling for national liberation around the world; under the Party's leadership, the people worked diligently for a stronger China with a spirit of self-reliance, achieving great success in socialist revolution and construction, and bringing about the most extensive and profound social change in the history of the Chinese nation and a great transformation from a poor and backward Eastern country with a large population to a socialist country; the Party led the people in freeing their minds and forging ahead, achieving great success in reform, opening up, and socialist modernization, and marking the tremendous advance of the Chinese nation from standing up to growing prosperous; the Party has led the people in bolstering self-confidence and self-reliance and in innovating on the basis of what has worked in the past, thereby bringing about great success for socialism with Chinese characteristics in the new era, and the Chinese nation has achieved the tremendous transformation from standing up and growing prosperous to becoming strong. The Resolution on the Major Achievements and Historical Experience of the Party over the Past Century adopted at the session further summarizes the rich connotation of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era with "ten clarifications" on the basis of the "eight clarifications" proposed at the 19th National Congress of the CPC. The Resolution makes clear that Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era is the Marxism of contemporary China and of the 21st century, and it embodies the best of the Chinese culture and ethos in our times and represents a new breakthrough in adapting Marxism to the Chinese context. The Resolution systematically and authoritatively expounds the historical achievements and changes since the 18th National Congress of the CPC from 13 aspects:upholding overall Party leadership, full and strict governance over the Party, economic construction, comprehensively deepening reform and opening up, and so on. The Resolution emphasizes that we should deeply understand the decisive significance of "two upholdings" and achieve "two maintenances" with practical actions. The session summarized the historical significance of the Party's endeavors over the past century:the people's fate, opening up the path, theoretical guidance, influencing the world and forging itself. The Party has led the people in great endeavors and accumulated valuable historical experience over the past century. This covers the following ten aspects:upholding the Party's leadership, putting the people first, advancing theoretical innovation, and so on. The five significances and ten experiences represent valuable practical experience gained over the Party's endeavors over the past century. In particular, the summary of the experience is simple and clear, which is conducive to our continued insistence and enrichment on the way forward. The session also put forward clear requirements for taking road to the examination in the new era, emphasizing the need to maintain historical self-confidence, safeguard the Party's unity, persist in daring to struggle and continue self-revolution. Coinciding with the centennial of the Party, on a new journey to realize the Second Centenary Goal, reviewing the course, sorting out achievements, summing up experience and looking ahead, the session will unify the thinking and steps of the whole Party, unite the whole Party, the army and the people of all ethnic groups, make preparations for the convening of the 20th National Congress of the CPC, and inject strong impetus into the new journey of building a modern socialist country in an all-round way.

Abstract:The Communist Party of China has a profound historical logic, theoretical logic and realistic logic of self-revolution. From the perspective of historical logic, when the Communist Party of China was founded, people were reflecting on the disadvantages of party politics in the early Republic of China. The pursuit of fame and power has become the hallmark of political parties. In such an atmosphere, Chen Duxiu and other early communists had the consciousness and efforts to transform the party, and devoted themselves to building the Communist Party of China into a new political party different from the old ones. In terms of theoretical guidance, the Communist Party of China, guided by Marxism, adheres to the value of "people first" and takes the interests of the greatest number of people as its most fundamental value pursuit. Therefore, the Communist Party of China has no special interests of its own. It does not seek its own interests or practice favoritism. This value position gives the Communist Party of China the courage and determination to take the interests of the people as its final measure, dare to turn inward and fight against all words and deeds that are not conducive to the realization of the interests of the people. From the perspective of practical needs, the ruling position of the Communist Party of China and the steep tests and dangers it faces urge the Communist Party of China to always keep the revolutionary enthusiasm, strengthen its own construction, forge a solid organization, and provide the most solid organizational foundation for the realization of the great rejuvenation of the Chinese nation. From the 100-year history of the Communist Party of China, the spirit of self-revolution is a strong support for the Communist Party of China to keep its youth forever. Self-revolution was gradually formed and developed during the period of the new democratic revolution. It was well inherited for a period of time after the founding of new China. It was further developed in the new period of reform and opening up and socialist modernization. After entering the new era of socialism with Chinese characteristics, self revolution was further emphasized, fully practiced and developed. It has become a regular practice of the CPC to resolve intra party contradictions through self-revolution. To break away from the influence of wrong ideas, lines and policies and establish the correct line and direction through self-revolution is a key move for the CPC to turn the tide. The 100-year history of the Communist Party of China is a history of self-revolution in which criticism and self-criticism play an important role. In the long-term practice of self-revolution, the basic principles of criticism and self-criticism have become clear:in nature, criticism and self-criticism are ideological struggles within the Party; in terms of content, criticism and self-criticism should point out mistakes and shortcomings in politics, organization and work; in terms of purpose, criticism and self-criticism is to solve ideological contradictions and differences within the Party and achieve unity; in terms of guarantee, criticism and self-criticism cannot be carried out without the fundamental guarantee of inner-party democracy.

Abstract:China is a large agricultural country. The quality and level of rural economic development affect the development of national economy. In the new era, the realization of agricultural modernization governance is an inevitable way to realize the comprehensive construction of a socialist modern country, an important part of building a modern governance system, and an objective requirement to ensure national food security. At present, there are still many prominent problems in the governance of China's agricultural modernization, such as the agricultural economic management model lags behind the development needs, specifically as follows:first, the management concept is relatively backward; second, the innovation of agricultural economic management system is insufficient; third, the problem of paying more attention to quantity than quality; fourth, unclear job function boundaries. The backwardness of rural infrastructure and public services has not been fundamentally reversed, which is mainly reflected in:first, rural infrastructure and rural public service facilities are relatively backward, with low investment standards and imperfect supporting facilities; second, there is still a big gap between rural public services and those of the cities; third, in rural education, the level of education development between regions is still unbalanced. Small farmers are difficult to embed into the process of modern agriculture. First, the operation scale is small. Second, lack of funds and it is difficult to borrow. Third, the agricultural socialized service system is still slightly imperfect. The low quality of agricultural employees has affected agricultural development, which is reflected in:first, the traditional crop planting method is not high in agricultural production efficiency and product quality; second, the old farmers lack agricultural technology knowledge and skills, and their energy is limited, which lead to the unsatisfactory development and application of agricultural technology; third, the current situation of unbalanced and insufficient development in rural areas is difficult to meet the needs of farmers for a better life.
In the face of the above situation, under the new journey of building a socialist modern country in an all-round way, the realization of agricultural modernization governance needs to optimize the agricultural economic management system. First, it is necessary to enhance the attention of relevant leaders. Second, we should improve the management system. Third, we should strengthen the guidance and supervision of rural economic management. Fourth, we should improve the comprehensive quality of staff. In making up for the shortcomings of rural infrastructure, first, we should strengthen the construction of public infrastructure. Second, we should strengthen the construction of relevant equipment, facilities and venues for public services. Third, we should innovate the management and protection mechanism of rural infrastructure. In promoting the application of agricultural science and technology in agriculture, first, we should pay attention to the construction of scientific research system. The second is to accelerate the supply side reform of scientific and technological innovation, and the third is to accelerate the construction of innovative talent team. At present, in order to realize the organic connection between small farmers and modern agricultural development,first, we should strengthen institutional guarantee. Second, we should encourage the development of various forms of moderate scale operation and vigorously cultivate new agricultural business entities. When training new professional farmers, first, we should pay close attention to education. The second is to innovate the new vocational education mechanism for farmers. Third, we should build a driving mechanism for the return of excellent talents.

Abstract:The key to the overall revitalization of the countryside lies in the revitalization of talents. During the implementation of the rural revitalization strategy, the flow of capital, human capital, technology and other essential resources between urban and rural areas has been intensified, providing new opportunities for rural development. As an important force in anti-urbanization, the returned rural talents have dual social experience in urban and rural areas, and are important links for the realization of the organic recycling between urban and rural societies. The returned rural talents will not only bring demographic dividends to rural development and give birth to new economic growth points, but also reorganize the hollow structure of rural society after the outflow of labor, adjust the asymmetrical pattern of "city as the center and country as the edge", and eventually promote the realization of the goal of comprehensive revitalization of villages. The article selects typical cases, uses field research methods, starts from the reality of rural revitalization, and constructs a theoretical analysis framework for the internal connection between anti-urbanization, return of rural talents, and rural revitalization, according to the logical path of "anti-urbanization → the return of rural talents → rural revitalization". The following questions are answered:how to organically link anti-urbanization with rural revitalization, how does the return of rural talents affect rural revitalization, and how the return of rural talent plays a role in rural revitalization. According to the specific investigation of the rural rejuvenation pattern, the article systematically explains the comprehensive effects brought by new rural talent H in X Village, Zhejiang Province. These include the integration of elements and the reshaping of the relationship between urban and rural areas, the transformation of thinking and the activation of village's value, the return of order and the effective realization of governance. From development basis, cycle conditions and means of action, this paper analyzes the impact mechanism of the return of rural talents to rural revitalization, and further draws the internal logic of rural revitalization under the background of anti-urbanization. Specifically, capital-rich advantages and prominent modern concepts of the returned rural talents constitute the basis of action resources; the close social connection and the obvious effect of the rule of virtue are the concentrated expression of the help of rural logic; innovative governance technology and the construction of public rationality are the reconstruction of the rural ethics. It can be seen that, in the process of urban and rural economic structural transformation, the constructive power of the returned rural talents to rural society cannot be ignored. They provide practical guidance for the implementation of the rural revitalization strategy. This article proposes that urban and rural areas must flow in a two-way circulation, the relationship between urban and rural areas must be equal, and the system and mechanism of urban-rural integration must be realistic and feasible. At this stage, the key to implementing the rural revitalization strategy is to seize the new historical opportunities for the development of urban-rural integration and build an effective system of urban-rural integration. This important form of the return of rural talents effectively answers the question of the consistency of anti-urbanization and urban-rural integration, and provides a scientific basis for exploring the form of urban-rural integration, the basis for effective rural governance, and the improvement of the framework of rural revitalization.

Abstract:The planning and construction of the "New Western Land-Sea Corridor" is another initiative of China to promote the two-way full opening of land-sea and regional coordinated development under the "the Silk Road Economic Belt and the 21st-Century Maritime Silk Road" initiative. "Promoting the integrated development of the corridor and regional economy" and "Strengthening the opening of the corridor and international cooperation" are the strategic directions for the development of the "New Western Land-Sea Corridor". In general, organically combining the two theoretical categories of domestic economic geography and international economic and trade relations, based on the analysis of domestic provinces and international competition and complementary relations, this paper explores the domestic and foreign economic and trade foundations for the construction of the "New Western Land-Sea Corridor", and puts forward the development paths of the "New Western Land-Sea Corridor" from the perspective of the economic development model of the open corridor. First of all, based on the point-axis theory, international trade theories and the new economic geography, this paper constructs the theoretical framework of the open corridor economic development model, it indicates that the theoretical essence of the "New Western Land-sea Corridor" is to internally form the western open development convergence axis, externally promote China-ASEAN regional integration and even link up the "Belt and Road". Secondly, from the theoretical perspective of the open corridor economic development model, based on the domestic provincial import and export data from 1987 to 2018, it analyzes the temporal and spatial evolution characteristics of the opening level of covered area of the "New Western Land-Sea Corridor", and it applies the gravity model to calculate the strength of regional economic ties among covered area of the "New Western Land-Sea Corridor", the conclusion shows that from the perspective of the provincial and regional pattern of the western open economy, the overall opening-up level of the southwestern region is in a dominant position, and the economic ties among the southwestern provinces are closer. The "point-axis" spatial development form based on the "Southbound Corridor" and "New Land-sea Corridor" is becoming more and more mature. The opening-up level of the northwestern region is relatively lower, and the economic ties among northwest provinces and between the northwest and the southwest are weaker, which is the potential direction for the extension and expansion of "point-axis" spatial form. Thirdly, based on the international scale, with calculating of the four indicators and relationship network description of trade competition index, trade complementarity index, industrial comparative advantage index and industrial complementarity index of China-ASEAN in 2003-2018, the study finds that trade competition and complementary relations coexist, the economic structures are similar, there are higher trade competitiveness and higher trade complementarity in exports, great potential of intra-industry trade with horizontal division in steel, machinery and transportation equipment, textiles and clothing and so on, between China and ASEAN emerging economies such as Singapore, Thailand, Malaysia and Vietnam. There is big economic gap, lower trade competitiveness and higher trade complementarity, a huge potential for inter-industry trade in the vertical division in the fields of steel, machinery and transportation equipment, textiles and clothing and so on, between China and ASEAN developing countries such as Brunei, Myanmar, Cambodia, Indonesia, and Laos. Finally, it puts forward the comprehensive opening path of spatial integration and expansion, the coordinated growth path of industrial complementary development, the two-way smooth path of trade logistics development, and the policy communication path of regional coordination mechanism.

Abstract:The explicit monetary compensation of managers has a certain internal structure. The annual salary of managers is generally composed of base salary, merit salary and exceeded compensation excluding equity compensation which have different functions. The base salary is a risk-free salary, which don't connect with the manager's labor results and provides a safe function; merit salary is linked to performance and belongs to risk salary; the manager's self-interest instinct and the principal's limited supervisory ability form exceeded compensation which need to be restricted. Perks refers to the consumption of managers at work. This article decides to distinguish the internal structure of manager compensation and study its relationship with implicit salary-perks. In order to ensure the reliability of the research conclusions, this paper adopts two sets of data for full sample and small sample for testing. The full sample data uses the idea of breakpoint regression. Assuming that only slightly profitable and loss-making company managers have the same ability, slightly profitable company managers receive performance bonuses, and slightly loss-making company managers only receive base salary. This article selects samples with ROA losses and profits below 2% to match them according to industry, year, and asset size. The salary of executive compensation in the slightly loss sample is lower than in the matching profit sample, then the loss sample's salary as a proxy variable for the base salary. At the same time, the performance sensitivity index between executive compensation and corporate performance is used as a proxy variable for merit salary. The regressing residual of the total compensation of the top three executives with the company characteristics is used as a proxy variable of the exceeded compensation. In addition, according to the disclosure "Senior Management Salary Management Rules", base salary, merit/base salary ratio, and exceeded compensation were manually collected to form a small sample of 150. Through the regression analysis of the two sets of data, it is found that the higher perks accompanied with the lower base salary and merit salary of the manager, and the higher exceeded compensation. If perks and monetary compensation conduct the safety and incentive function, they can be partially substitution. If they are all agency cost, there is a complementary relationship, and it's great in the state-owned enterprises. There are both substitution and complement between perks and monetary compensation which based on the internal composition of monetary compensation. The conclusions of this paper indicate that changing the salary model alone cannot reduce manager's encroachment. The innovation of this paper is to analyze the relationship between the structure of monetary compensation and perks.

Abstract:As another party other than management and shareholders, institutional investors have been highly expected from scholars at home and abroad and government regulators to improve the level of corporate governance. However, existing studies on the institutional investors' governance roles have formulated three arguments in corporate governance, including valid supervision, invalid supervision and strategic conspiracy. In order to answer what roles institutional investor would play in corporate governance, this study takes two types of agency costs as the starting point, re-examines the governance behavior of institutional investors from the perspective of portfolio, and explains the contingency viewpoint of their participation in governance behavior under the different internal and external situations. Based on principal-agent theory and limited attention theory, this article takes A-listed publicly firms in Shanghai and Shenzhen markets over the period from 2013 to 2017 as example. By defining motivated monitoring institutional investors, from the two dimensions of portfolio weight and portfolio concentration, we explore the impact of institutional investors on the two types of agency costs by applying the fixed effect regression model. The empirical results are robust to alternative IV approach. In addition, combined with different situations inside and outside the company, we further dialectically analyze the differences of governance behavior of institutional investors with the help of the sub-sample regressions. The results display that:as a mode of investment behavior to spread risk, investment portfolio have double-edged sword effects for institutional investors in corporate governance. It means that monitoring institutional investors and portfolio concentration reduce the agency problems between large shareholders and minority shareholders, but improve principal-agency cost. Furthermore, the institutional investor's governance role is distinct considering external market environment, internal executives and controlling shareholders. To be more specific, the phenomenon, which the principal-agency cost is intensified by institutional investors who are in companies with underdeveloped regions or powerful executives, is more obvious. While the restraining effect of institutional investors on the agency problems will be strengthened when supportive controlling shareholders exist in the company. Using the view of contingency, the above-mentioned research has realized an creatively change from the focusing on the "number of shares" of institutional investors to "portfolio concentration". It not only enriches research perspective of institutional investors, but also supports the rationality of the governance behavior of institutional investors from contingency view. Our findings can help firm to carry out management innovation by introducing motivated monitoring institutional investors, which improve its governance level to achieve high-quality development. At the same time, conclusions could offer reference for CSRC to innovate the regulatory model, fully understand the governance behavior of institutional investors, and formulate relevant documents to guide heterogeneous institutional investors.

Abstract:This paper constructs the logical relation framework of corporate governance system. The logical starting point of corporate governance system is the individual's free will, and the logical system of governance system is successively expanded, which is the first analytical framework. Individuals have free will, so that they can interact with the environment freely and autonomously, thus form corresponding attitudes, and attitudes determine behavior, behavior can train competence, competence can dominate resources, competence and resources together form power, power dominates interests form rights, the right system constitutes the governance system and produces the corresponding governance performance.This paper constructs the autonomy degree governance index. Combined with domestic and foreign index construction methods, on the basis of constructing the logical relationship framework of corporate governance system, this paper establishes the principle basis of index construction. According to the power status of each stakeholder, this paper constructs the degree of autonomy governance index for the first time, which is used to measure the degree of autonomy of each stakeholder of the company, and analyzes the relationship between the degree of autonomy and performance, so as to test whether the conclusion derived from the logical relationship framework conforms to the reality.This paper constructs a new quantitative analysis method of rights relation. Competence dominates resources to form power, while power dominates interests to form rights. And competence is contained in human resources, and human resources plus material resources can represent rights, so the formation of rights can be measured from "invested resources". The right is put into the hierarchy or market to gain control, so the implementation of the right can be measured from the "exercise of control". "Revenue received" represents the result of the enforcement of rights. Generally speaking, the relationship of rights includes three parts:the formation of rights, the implementation of rights, and the results of the implementation of rights. In this paper, the empirical analysis indicators are also selected from these three parts to measure the right relationship.This paper empirically analyzes the relationship between autonomy degree and governance performance. It would also be the first time that autonomy degree analysis was linked to performance analysis, the dynamic panel model is used to estimate the empirical analysis results, the empirical analysis results show that the higher the degree of autonomy of each stakeholder is, the better the corporate governance performance is, and there is an obvious positive correlation.The main innovation points of this paper are as follows:1) Analyzing corporate governance system from the perspective of individual interaction. The interaction between individuals forms individual integration system, the individual integration system in corporate governance system is the various stakeholders, so we can construct index from a stakeholder perspective, rather than from a commonly used institutional perspective, because the mechanism is also formed by the interaction between individuals. 2) Autonomy Degree Index is a brand new index. Autonomy Degree Index should be constructed for the first time. There are related indexes in domestic and foreign literature, such as regular index, but their meanings are different from this index. 3) Establishing a new quantitative analysis method of rights relations. Autonomy Degree Index is measured by the size of power, and it selects three parts of the right index:invested resources, exercise of control rights and acquisition of benefits, which is a key step for quantitative analysis of the degree of autonomy. 4) It is also the first time to link the degree of autonomy analysis with performance analysis, and the dynamic panel model is adopted for analysis, which is relatively new.

Abstract:Media has important influence on the dissemination of knowledge in time and space. The current academic evaluation system originated and developed in the paper media environment supported by printing, and has played a positive role in the development of science and technology. However, with the development of network technology, its limitations are becoming more and more prominent. The closeness in the process of academic publishing forms a sharp contradiction with the openness and interaction of the network. As the main subject of academic production, the rights of academic community fall aside, and publishers become the center of the academic ecosystem. Blockchain has the characteristics of non forgeability, leaving traces in the whole process, traceability, openness and transparency, collective maintenance, etc., and has broad application prospects. In the academic field, there are many blockchain application platforms abroad. Taking Scienceroot as an example, this paper analyzes the characteristics and weaknesses of block chain academic network platform in private field. Scienceroot operates based on Science Token, which integrates scientific research collaboration, funding and publishing, academic evaluation and trading. It is a new academic ecosystem based on network and scientific researchers. In the system, academic evaluation has the following characteristics:first, it is disintermediated, the range of evaluation experts is wider, the matching is more accurate and flexible, the author can participate in it, the evaluation process is open and transparent, and the labor of evaluation experts can be confirmed and encouraged; second, the object of evaluation may be either mature achievements or just scientific research topics; third, the combination of peer review and quantitative evaluation, content evaluation and influence evaluation. Although the platform has built a new academic ecosystem, for the platform was founded by technology enterprises, it also has some problems, such as the contradiction between the profit seeking nature of capital and the publicity of academic products, the unclear fairness and recognition of evaluation, and the operation efficiency of public chain.
In addition to being used by private publishing publishers or technology enterprises, blockchain may also be used by academic research institutions such as public universities, where the real value lies. In this field, the academic network platform based on blockchain can realize the virtual reconstruction of academic community. Through online academic institution alliance or discipline alliance, the academic community can truly participate in academic cooperation and academic production and exercise the right of academic evaluation. This academic ecosystem is dominated by the academic community, and multiple subjects participate in evaluation and exchange. Incentive mechanism can recognize and reward experts' peer review, and encourage them to participate in it more actively. The consensus mechanism enables the evaluation mechanism to be generally recognized by the academic community. Smart contract helps to encourage cooperation among scientific researchers and promote the market transformation of scientific research achievements. On the one hand, this academic ecosystem not only retains the advantages of the Scienceroot platform in the private field, but also effectively avoids the impact of the profit seeking nature of capital on the publicity of academic products, which is conducive to breaking the excessive intervention of bureaucratic administrative organizations in academic evaluation and reducing academic privileges and academic rent-seeking behavior On the other hand, based on the consensus of academic peers, this evaluation can be widely recognized by academic institutions in the alliance and quickly break the publishing centered academic evaluation system. Although blockchain is of positive significance to the reform of academic evaluation system, due to the limitations of blockchain technology itself, how to solve the problems of accounting node risk and operation efficiency in practice still needs to be deeply studied and discussed.

Abstract:University leaders are the backbone of China's higher education system construction, and their governing theories and pedagogical philosophy have profoundly affected higher education system and its governance efficiency. University leaders are often the result of "excellent performance" on both teaching and research, but the quantitative relationship between their appointments and how "excellent" they "perform" is still an unsolved mystery. Therefore, starting from portraying the dynamic relationship between university leaders' scientific research performance and their administrative positions, understanding and studying the relationship between university leaders' academic and administrative careers is conducive to clarifying the career path of higher education talents and providing solutions to the problem of training innovative talents in education system.
This article uses a quantitative analysis to study whether the academic productivity and impact of university leaders is affected by their administrative positions. We conducted a sample survey of 343 male and 68 female university leaders from 411 universities. The academic productivity and impact data are derived from the number of articles and citations indexed in the Web of Science database. We have defined four periods:pre-position period, previous position to current position period, current position period, and reference period. We applied statistical methods to compare and analyze the changes in their academic productivity and academic impact before and after their current positions.
University leaders are very important to the development of higher education. The complicated official business, huge pressure and tight working hours make them experience the battle between the academic and administrative careers. Previous studies have shown that administrative positions have various negative effects on personal and professional lives. This research quantitatively examines the impact of administrative positions on academic staff's scientific research performance. The results show that:(1) Administrative positions have a small impact on the amount of papers published by school leaders, and the impact on the amount of citations is moderate. Administrative positions have affected the academic performance of school leaders to a certain extent, and most of the school leaders have been affected on their academic impact. (2) Differences in disciplines have not shown much impact on the relationship between administrative positions and academic performance. (3) The level of university rankings has a very weak impact on the academic productivity of school leaders after taking up their posts. At the level of academic influence, university leaders have shown a downward trend after taking up their current positions. (4) From the perspective of gender, the academic performance of university leaders is not much different before and after their appointment. The academic performance of both male and female leaders has declined after their appointment. (5) University leaders with longer experience are more affected by administrative positions on their publications, while those with shorter experience are more affected by administrative positions on their citations.
Through quantitative analysis and statistical verification, we once again confirmed the scenario of"cannot have both fish and bear's paw". University administrative positions are "sword of Damocles" for university teachers. They may have doubled the harvest in academic research and administration, or they (nearly 60%) are more likely to receive decreases on academic impact. For university leaders themselves, the academic ability and ability of handling affairs to "do more with less" can bring stability and even greater gains to them. For policy makers, it is suggested to provide a management training platform for university managers, especially a training and promotion platform for university leaders. Experience and disciplinary specialties should be considered when it comes to select university leaders instead of rankings and gender differences.

Abstract:Technological innovation and the "Belt and Road" initiative are closely linked and increasingly affect the high-quality and sustainable development of the modern economic system. However, the regions along the "Belt and Road" are still facing development difficulties such as uneven distribution of innovation resources, insufficient transformation of innovation results, imperfect construction of innovation ecosystems, and inadequate optimization of innovation systems and mechanisms. This restricts the improvement of regional scientific and technological innovation efficiency. To a certain extent, it affects the deepening development of the "Belt and Road" initiative. Facing the continuous deepening of the innovation-driven strategy and the continuous high-quality development of the "Belt and Road", clarifying the overall input and output efficiency of scientific and technological innovation in the provinces along the "Belt and Road", and exploring the factors that affect the efficiency of technological innovation in the provinces along the "Belt and Road" and how to improve the efficiency of scientific and technological innovation in provinces along the "Belt and Road", the analysis and resolution of these problems have attracted widespread attention from the practitioner and scholar. In this context, based on the three-stage data envelopment (DEA) model, according to panel data from 2012 to 2016, and taking full account of the time lag effect of the transformation of innovation achievements, we explore the real scientific and technological innovation efficiency of 17 provinces along the "Belt and Road" after excluding the external environmental impact. And the Tobit model is used to test the impact of technological innovation entities (high-tech enterprises, governments), labor quality, financial support and entrepreneurial level, and technological innovation policy factors on the efficiency of technological innovation in provinces along the "Belt and Road". The research results show that the efficiency of scientific and technological innovation in provinces along the "Belt and Road" is effective, but also inadequate, unbalanced and unstable. Firstly, the comprehensive efficiency of scientific and technological innovation in the provinces along the "Belt and Road" is spatially different. The comprehensive efficiency of scientific and technological innovation in the four major sectors of the Southeast, Northeast, Southwest and Northwest has obvious differences, and the overall efficiency is higher in the east and lower in the west. Secondly, the comprehensive efficiency of scientific and technological innovation in provinces along the "Belt and Road" has dynamic changes over time. The overall efficiency has shown an upward trend in the past five years, and the gap in comprehensive efficiency between the four major sectors has decreased year by year. Finally, the analysis of the impact of the Tobit regression model on the overall efficiency of scientific and technological innovation shows that government support, labor quality, and financial environment have a positive impact on the efficiency of scientific and technological innovation. The intensity of scientific research expenditures, the "Belt and Road" initiative policy and the level of entrepreneurship have a negative impact on the efficiency of scientific and technological innovation. Based on this, we believe that it is reasonable to increase the efficiency of scientific and technological innovation in provinces along the "Belt and Road" in terms of rationally deploying scientific and technological innovation resources, cultivating high-quality innovation ecosystems, optimizing innovation systems and mechanisms, and improving scientific and technological innovation policy systems.

Abstract:The "Administrative Division Management Regulations" that came into effect on January 1, 2019 emphasizes the strengthening of the government's administrative management by optimizing the setting of administrative divisions. As the embodiment of the country's political power in geographical space, the administrative level plays an important role in the city's resource allocation, social governance, and policy planning. Cities can take advantage of administrative levels to obtain positive feedback effects in China's administrative region economic development model. Therefore, understanding urban development from the perspective of administrative levels also captures the key to the administrative region economic model with Chinese characteristics. The research begins with a systematic analysis of the institutional background, evolutionary development process and development trend of China's administrative level. On this basis, based on the perspective of spatial political economics, the new economic geography theory, scale economy theory, and regional economic coordinated development theory are used to carry out research on the relationship between administrative levels, urban scale and land output efficiency. It analyzes the role of urban administrative levels in promoting land output efficiency from the three dimensions of power function, fiscal capacity, and resource allocation, and analyzes the inverted U-shaped structure effect of city size on land output efficiency from two dimensions of scale agglomeration and over-accumulation. Then, from the perspective of the development coordination of administrative regions and economic regions, the synergy of urban administrative levels and urban scales on the efficiency of land output is analyzed. In the empirical research part, the research analyzes the setting of administrative levels under the political system with Chinese characteristics, and incorporates urban administrative levels, city scale, and land output efficiency into a unified panel data model for quantitative analysis. Based on the Granger causality test, the panel data fixed-effect model analysis was carried out using the cities at the prefecture level and above in China from 2000 to 2016, and the endogenity test was used to control the interference between the variables in the model. In order to further explore the optimal interval value that exists under the inverted U-shaped effect of city size on land output efficiency, the study uses the threshold effect model to use the total social capital stock as the threshold variable to pass 500 self-sampling threshold effect tests on the structural changes in the city scale. Click to explore. Through theoretical and empirical analysis, the research found that:first, the administrative level has a significant impact on the efficiency of land output; second, the size of the city has an inverted U-shaped effect on the efficiency of land output, and the city is at the best when there are 3.87 million people City scale; thirdly, the synergy of administrative level and city scale on land output efficiency is relatively small. At this stage, there is an incoordination between city administrative level and city scale. Finally, the study starts with the establishment of administrative divisions focusing on long-term development, strengthening the role of administrative divisions in urban space governance, coordinating the economic development of administrative regions through the administrative division system, promoting the sound and healthy development of the regional spatial structure system, and promoting the establishment of administrative divisions and land properties. Propose corresponding policy recommendations in three aspects, which can promote the synergy of efficiency and improve the matching degree of urban land resource allocation and urban development.

Abstract:China was among main countries affected by the 1918 influenza pandemic, but the study of China's pandemic is very weak. Existing researches on this issue are based on flimsy historical records, which cannot reflect the whole picture of 1918 pandemic, also there are obvious misjudgments. Therefore, it is necessary to combine both Chinese and foreign newspaper reports, medical officer reports, customs materials, diaries and gazetteers in order to reconstruct the whole picture of 1918 influenza pandemic in China. Overall, China experienced two waves of influenza in spring and autumn, and their transmission paths rely on railways, waterways and post road systems. In this case, central cities such as Beijing, Tianjin, Shanghai and Hankou are the centers of the spread of the epidemic to the outside world, while other major cities along the line are the regional center for the spread of the epidemic. The first wave of the influenza spread from north to south, and spread rapidly through railway lines, through which the epidemic area was strung into lines. Later, the inland waterways and post road system woven the epidemic area from the line into a net. Fortunately, the first wave of outbreaks did not spread to areas beyond Chongqing, and is relatively mild. However, it caused public attention because of "new" and "peculiar" symptoms. In contrast, the second wave spread from south to north, and the scope far exceeded that of the first wave, even reaching inland provinces such as Yunnan, Gansu and Xinjiang. At the same time, the mortality of second wave was far beyond the first wave, many deaths have been reported in various provinces, especially the influenza in rural areas is far greater than that in city. On the whole, the conservative estimate of the number of deaths caused by the second wave is at least 3.6-4.5 million. Meanwhile, domestic and foreign situations such as the civil war, banditry, Russian revolution and Japanese expeditionary army also add complexity to the spread of influenza. Taking international factors into consideration, the Russian revolution is closely related to the spread of the epidemic in Heilongjiang and Xinjiang, and the military mobilization of the Japanese army is a key factor in the spread of the epidemic in northeast China, while the transnational trade network between China, Vietnam and Myanmar is the main channel for the epidemic to enter Yunnan province. In terms of domestic factors, the civil war and banditry have aggravated social unrest, and greatly increased the frequency of population movement in Hunan, Hubei, Shanxi and Shandong provinces, thereby increasing the speed and scope of the epidemic. The paper focuses on the issue of the spread of the pandemic influenza in China in 1918, especially focuses on the complex effects of various changing domestic and foreign factors on the spread of the pandemic. It discusses in detail the routes of the two waves of 1918 influenza in China, re-evaluating the scope and severity of the pandemic, and reconstructs a relatively complete picture of the spread of 1918 influenza in China.

Abstract:In October 1910,the plague patient was first found in Manchuria.Afterwards,the plague spread to Fujiadian,Harbin,and quickly deteriorated,and soon it spread throughout the Northeast and even outside the Shanhaiguan,until the Qing government controlled the Fujiadian epidemic,the epidemic gradually eased in various places. By April 1911,the epidemic was completely extinguished. It took 6 months before and after,and the cumulative deaths reached 50,000 to 60,000. The plague not only brought serious disasters to China,but also affected the commercial interests of powers such as Japan and Russia in the Northeast. In the face of the sudden and fierce plague,China,Japan,Russia and other countries have taken certain measures to prevent the epidemic,and have launched a fierce game around epidemic prevention rights. Among them,Japan has been particularly "active". Japan not only investigated the plague epidemic in Northeast China in detail,but also reported on the epidemic situation on a daily,weekly,and monthly basis. It also took response measures in the areas surrounding its consulate,along the "South Manchurian railway",the border between China and North Korea,and even on the Japanese mainland. The epidemic prevention measures adopted by Japan mainly include:emergency evacuation of Japanese nationals,establishment of a unified epidemic prevention management agency,implementation of emergency isolation measures,strengthening of water and land transportation quarantine and disinfection,encourage catching and killing rats,and vigorously promoting China-Japan joint epidemic prevention. Japan did not hesitate to invest a large amount of manpower,material and financial resources to carry out epidemic prevention. The motives and reasons are:first,for its own safety,it strictly prevented the plague from spreading to Japan and threatening the safety of Japanese people; the second is to "moderate" the people's anti-Japanese sentiment in the Northeast,not only to consolidate the vested interests in the Northeast,but also to seize the opportunity to capture greater rights and interests; the third is to eradicate the plague as soon as possible,and to restore the transportation and commerce between China and Japan in order to snatch the commercial interests of the Northeast; fourth,some medical personnel have supported epidemic prevention in the Northeast out of "humanitarian" considerations. Objectively speaking,Japan's epidemic prevention measures have prevented the spread of the plague to a certain extent,curbed the spread of the epidemic in North Korea and Japan,and played a certain role in the final eradication of this major plague. However,Japan's violent actions such as forcibly interfering in Northeast epidemic prevention affairs under the pretext of epidemic prevention,trampling on China's territorial sovereignty,and discriminating against the Chinese people cannot be ignored.Japan's attempt to realize its political,diplomatic and economic ambitions in Northeast China through epidemic prevention must be more soberly understood.

Abstract:A fair,efficient and authoritative judicial system is the intended meaning of the system of socialist rule of law with Chinese characteristics.Standing at the historical intersection of the "two centuries",in order to further deepen the reform of the judicial system,improve judicial credibility,and strive to let the people feel fairness and justice in every judicial case,Xi Jinping Thought on the Rule of Law uses Marxist rule of law theory and combines the practice of the rule of law with Chinese characteristics to put forward a series of theoretical propositions for judicial system reform,which enriches the theoretical connotation of judicial reform.In the field of people's justice,a "view on justice for the people" has been formed,which fully interprets the core essence of people's justice in terms of the fundamental attributes,purpose of exercise and operational effects of judicial power.In the field of fair justice,a "fair justice view" has been formed,by highlighting the values of fairness,justice,supervision and restriction in justice,it has established judicial authority and gained the people's recognition of justice.In the field of judicial governance,a "judicial governance view" has been formed,and it is proposed to give full play to the function of judiciary in determining divisions and stopping disputes.Guiding by judicial credibility construction,the effectiveness of judicial governance is improved,so that the guarantee function of justice can be reflected in all fields of society to meet the needs of the people in the new era.A "judicial supervision view" has been formed in the field of judicial supervision,and a new type of judicial power restriction and supervision theory has been innovatively proposed.The theory,with inner-Party supervision as the core,realizes the effective integration of state agency supervision,democratic supervision,judicial supervision,mass supervision,and public opinion supervision,and has created a variety of judicial supervision methods to achieve the purpose of judicial supervision.A "judicial career view" has been established in the judicial professional field,and starting with the construction of the judicial professional team,the professional abilities of leading cadres,and judicial ethics,it strives to build a high-quality legal work team.Through the creation and condensing of five judicial views,Xi Jinping Thought on the Rule of Law has profoundly answered how to build a fair,authoritative and efficient judicial system in the new era and other major issues.The judicial concept in Xi Jinping Thought on the Rule of Law is based on the practice of China's long-term judicial reform.In the practice of judicial system reform,under the guidance of Xi Jinping Thought on the Rule of Law,relevant institutional mechanisms in line with the socialist judicial system with Chinese characteristics are explored and established,which demonstrate the practical character of Xi Jinping Thought on the Rule of Law with practical actions.The judicial concept in Xi Jinping Thought on the Rule of Law is the basic theory and fundamental follow to promote the in-depth development of China's judicial reform.

Abstract:A social community is a society where people trust,identify,unite and help each other,and have cohesion under common values.In this kind of society,people are glued together by interest and emotion.However,in the face of conflicts of interest,it is not enough to rely on fairness to maintain the bond between interests.It is also necessary to establish emotional bonds between social subjects so that individuals can realize that they are an inseparable and organic part of the community.
From the significant advantages of China's national system and national governance system,it can be found that China's national governance strives to establish a social community.The whole society needs to gather social consensus under the leadership of the Party,unite together ideologically and spiritually,and achieve a common social goal.In the construction of a social community,the rule of law and the rule of virtue play a complementary and mutually helpful role.The rule of law is a way of governance that gives the law the supreme political status,so that it has the authority and energy to govern.The rule of virtue is a way of governance that gives morality a lofty value status,so that it has the authority and energy to govern.The rule of law focuses on establishing order in social differentiation,while the rule of virtue strives to bridge the emotional alienation and value rift in social differentiation.The two play a complementary role in the construction of a social community.The rule of law and the rule of virtue also have mutual assistance.First,the rule of law guarantees the bottom line of morality,and it also provides a reliable guarantee for the rule of morality.Second,the rule of virtue has consolidated the foundation of the rule of law.The rule of virtue can maintain and strengthen the social moral bond and further consolidate the moral foundation of the law.
The combination of rule of law and rule of virtue is not only the best combination of social community governance,but also has a humannature foundation,and this human nature foundation can also be confirmed by the mental mechanism of the brain.According to modern psychology and brain neuroscience,there are two systems in the brain.One is responsible for logical operations,which is a rational system without emotions,and the other is a system that generates emotions directly when receiving external stimuli.These two systems not only divide labor and cooperate,but also restrict each other.Because of the function of law to adjust interest relations,it needs to rely on the brain's rational system.The rule of virtue relies on the emotional system of the brain,and further adjusts the emotional system,strengthens the emotional bond between people to achieve a kind of order.The traditional Chinese rule of virtue is a kind of social governance carried out by adjusting people's emotional system.
In a community,there is a spiritual isomorphic relationship between the individual and the community.The country as an organism,like the individual brain system,has two major systems.Corresponding to the personal rational system is the national rational system,and the individual emotional system corresponds to the social common emotional system.In national governance,it is necessary to coordinate individual rationality with national rationality,and coordinate individual emotions and social common emotions based on the spiritual isomorphism between the individual and the country,and realize the common development and mutual balance of the rational system and emotional system at the national level.In the spiritual isomorphism of the individual and the community,the role of the rule of law is to promote the unity of individual rationality and national rationality,and the role of the rule ofvirtue is to promote the unity of individual emotions and common emotions,and ultimately connect the individual spiritual system and the spiritual system of the community.In this spiritual isomorphism,the state and the individual have a spiritual interaction.The state obtains a huge spiritual energy from the individual,and the individual obtains a sense of security,a sense of value,and a sense of power against the outside world from the state.At the same time,the combination of rule of law and rule of virtue can help the rational system and emotional system of the community and the individual to produce a balanced relationship,so that the spiritual system of the community and the individual can develop healthily.

Abstract:Around the legislative path of identification of rural collective economic organization's members, there have been two different theories in the theoretical circle:set by law theory and autonomy theory. To answer this question, it is necessary to first clarify the nature of members' identification behavior, and on this basis, to clarify whether the interests of an individual determined as a member of a collective economic organization can be deprived or ignored. If such interests cannot be deprived or ignored, they must be clearly stipulated by law. Only in this way can the interests of relevant subjects be effectively protected and will not be deprived because of autonomy or "tyranny of the majority". On the contrary, it can be handed over to relevant collective economic organizations in accordance with the principle of autonomy. The confirmation of membership and the determination of membership are two different concepts. The former is the verification and recognition of the original identity of members, which can only be based on the factual state, otherwise, it may infringe on the vested rights and interests of members. The latter is a decision on the actual composition of the organization's members, which includes both the confirmation of the original members and the acceptance of new members. Due to the different nature of the act and the interests involved, the two types of acts should be treated differently. The former can be legally implemented only when there is a clear legal basis, and the latter behavior is mainly carried out by both parties through negotiation according to their own expectations. In order to better protect the rights of members and promote the development of rural collective economy, the legislation about determination of the members of rural collective economic organizations should make different institutional arrangements for the confirmation of membership and the absorption of new members. For the confirmation of membership, the relevant legislation should adopt the legal path. For the absorption of new members, the autonomous path should be adopted. On the arrangement of legal system, the confirmation of membership of collective economic organization can only be based on history and reality. In this regard, we should establish a membership recognition system based on the principle of registered residence, and clearly define the scope of membership according to the registered residence. On this basis, the scope of the personnel who should be given the membership should be defined according to the law or policy, and the personnel who should lose their membership should be excluded, so as to determine the scope of the original members of the collective economic organization. The absorption or acceptance of new members of a collective economic organization shall be conducted by the collective economic organization and the personnel applying to join the organization on the basis of voluntary consultation in accordance with the principle of autonomy. A collective economic organization shall, through its articles of association, stipulate the conditions and procedures for accepting external members, and limit the scope of rights of external members. For example, the right to land contractual management and the right of children to obtain membership shall not be enjoyed by external members. Only in this way, we can better embody the nature of rural collective economy and safeguard the legitimate rights and interests of the inherent members of collective economic organizations.

Abstract:The biggest difference between artificial intelligence products and ordinary products is their autonomy.On the one hand,the operation mode of artificial intelligence products is more complicated.They can make independent decisions and act independently,and are in the mode of "perception-analysis-action".Their operation process is a "black box",which is difficult to be explored by human beings.On the other hand,the subject of product infringement is more diversified.In addition to the producers and sellers who are the subject of traditional product infringement,they also include the researchers and even the artificial intelligence products themselves.Based on this,the current judicial identification of product defects is difficult.First,the existing judgment criteria lack adaptability in the field of artificial intelligence products.Due to the abstractness and complexity of the "unreasonable standards" in the Product Quality Law and the urgency and uncertainty of the "technical standards" in the White Paper on Artificial Intelligence Standardization (2018 Edition),the use of existing standards is difficult to solve the problem of judicial identification of artificial intelligence product defects.Second,the existing legislation in China does not categorize product defects,but only makes general judgment on product defects.In the field of artificial intelligence,which is a subject of multi-subject responsibility and a variety of unknown risks,the judicial identification mode of product defects is more inadequate in application.In order to standardize the judicial practice of artificial intelligence product defects,defects should be divided into design defects,manufacturing defects,warning defects and tracking observation defects under the framework of product liability,which is not only conducive to applying the attribution principle of artificial intelligence products,but also corresponding to the elements of product tort liability.The judicial identification standard of artificial intelligence product defects should be combined with the obligations of relevant subjects.Specifically,the developers shall be responsible for the design defects of artificial intelligence products,and they shall fulfill the obligations of safety guarantee,performance balance and comprehensive testing.The judicial identification rule of "risk-utility" shall be adopted for the defects.The liability subject of manufacturing defect is the manufacturer,who should fulfill the obligation of cooperating with the expected design effect and manufacturing according to the design scheme.The judicial identification standard of "deviation from the expected design" shall be adopted for this defect.The subject of responsibility for warning defect is the manufacturer and seller,and the warning obligation should meet the requirements of the adequacy of warning content,the change of warning time and the conciseness and striking of warning language,etc.,and the judicial identification standard of "reasonable and sufficient" should be adopted for the defect.The subject of responsibility for tracking and observing defects is the developer,manufacturer and seller.Tracking and observing not only requires unimpeded product feedback channels,but also requires active and regular supervision of products,and more importantly,timely response to the problem products.The judicial identification principle of "case identification and comprehensive judgment" should be adopted for this defect.

Abstract:Sending demand letter of patent infringement is a common way for patentees to enforce their rights,and it may also become a means for some patentees to seek illegal benefits.The "Libang case" and "Shuanghuan case" trialed by the Supreme People's Court reflect that China's standard supply of patent demand letters is insufficient,and the judgments of judicial organs are inconsistent.This is not conducive to the reasonable distinction between enforcing rights and abusing rights.According to the theory of right types,combined with the US legislation governing "patent trolls" abuse demand letter and the judicial practice of applying the Noerr-Pennington Doctrine,the demand letter is in nature the second right of the patentee,namely the right of remedy or the right of petition.It is not an act of exclusive right to exercise,let alone an offer.It has the effect of saving the cost of enforcing rights,improving the efficiency of dispute resolution and reducing the judicial burden.Sending demand letter should abide by the boundaries of rights,and must not abuse rights or engage in unfair competition.China should specify the subject,object,content,evidence and form requirements of the demand letter in the patent law under the path that rights cannot be abused,as the basis for sending demand letter and judging its legitimacy.The subject of sending demand letter is limited to the patentee,the exclusive licensor the sole licensor (when the patentee does not exercise the rights),and the legal heirs of the patentee.The target of the letter is limited to those who illegally exploit the patent,including manufacturer,user,who offering for sale,seller or importer.The content of the letter should include the name of the patentee,the address of the patentee,the warning items,the name of the patent,the patent number,the validity of the patent,and the specific facts that the alleged infringing product,service,or technology infringes the specific claims of the patent.Warnings include stopping infringement,paying license fees,or compensating for losses.The evidence in the letter should include evidence of ownership,evidence of infringement,and evidence of loss (if compensation is required).The letter should be in written form,including letters,faxes,and e-mails,but not news media.The patent law should also stipulate the criteria for judging the abuse of demand letter from both objective and subjective aspects,that is,the demand letter is objectively false as the first element,and subjective intentional or gross negligence is the second element.The so-called objective falsehood includes:(1) the claimed patent is invalid;(2) the person being warned does not infringe any claims of the claimed patent;(3) the sender is not the patentee or subjects with independent remedies.The behavior of subjective intention or gross negligence is manifested as:(1) failure to inspect the recipient's products before claiming infringement;(2) failure to seek expert advice or opinions before claiming infringement;(3) failure to claim infringement to the producer before claiming infringement;(4) knowing that the patent is invalid before claiming infringement;(5) falsely claiming that one has patent rights;(6) other deliberate,extremely negligent or credulous acts.Unless the above two requirements are met,the sender shall not be liable for tort.

Abstract:Paragraph 5 of Article 277 of the Criminal Law adds the crime of attacking the police,which is one of the highlights of the Amendment to the Criminal Law (XI).The addition of the crime of attacking police has not only timely responded to the reality of the increasing number of crime cases of assaulting police in recent years and the call to severely punish the crime of assaulting police,but also provided a sufficient normative basis for punishing violent assault on police in accordance with the law,which helps to protect the law enforcement authority and personal rights and interests of the people's police.Before the Amendment to the Criminal Law (XI),violent attacks on police were mainly regulated by the crime of obstructing official duties.The Amendment to the Criminal Law (XI) configures independent statutory punishment for violent attacks on police in the paragraph 5 of Article 277 of the Criminal Law,which means that the regulation of violent attacks on police is officially adjusted from the mode of heavier punishment according to the crime of obstructing official duties to the mode of independent regulation on the crime of attacking on police.In this context,how to correctly understand and apply the crime of attacking police in judicial practice,so that the legislative purpose behind the norms can be truly realized in practice,is the most urgent and important research topic at present.Based on the constitutive elements of the crime of attacking police,attention should be paid to the specific understanding and application of the crime of attacking police.Its behavior,"violent attacking",should highlight personal factors and should be interpreted as physical force imposed on the police who perform duties according to law,which includes both direct violence and indirect violence,but do not include violence not against police personal and "soft violence".The object of the action,"the people's police",cannot be interpreted simply by the meaning of the text or mechanically pursuing the unity of law and order divorced from the legislative purpose,it should be identified from the perspective of position rather than identity based on the current police's law enforcement practice,and in addition to police with formal establishment,auxiliary personnel exercising the power of police should also belong to the "people's police" category.The restriction condition "performing duties in accordance with the law" should be properly interpreted from the perspective of more conducive to the protection of the police's law enforcement authority and personal safety,and the state that is closely related to the performance of duties should also be identified as "performing duties in accordance with the law".The conditions for aggravating punishment need to identify the backstop measure by the same kind of interpretation principle,and be constricted substantially from the point whether it seriously endangers personal safety.After the crime of attacking police is separated from the crime of obstructing official duties,how to correctly understand the relationship between the two is also key to correctly handle the case of attacking police violently.From the point of legislative purpose and constitutive elements,the relationship between the newly added crime of attacking police and the crime of obstructing official duties is concurrence of articles,and should be handled in accordance with the rule of special clause (Article 277 (5) of Criminal Law) over general clause (Article 277 (1) of Criminal Law).In addition,during a violent attack on police,those who rob or seize the guns,ammunition and explosives worn by the police,resulting in casualties of the police or endangering public security,may also violate the crime of intentional injury,intentional homicide and robbery of guns,ammunition and explosives,etc.,shall be dealt with according to the rules of imagined concurrence from a felony according to the specific situation.