• Volume 28,Issue 2,2022 Table of Contents
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    • >区域开发
    • Rural digitalization, human capital and integrated development of rural industries: Empirical evidence based on China provincial panel data

      2022, 28(2):1-14. DOI: 10.11835/j.issn.1008-5831.jg.2022.02.002 CSTR:

      Abstract (712) HTML (2015) PDF 2.02 M (1260) Comment (0) Favorites

      Abstract:In the era of digital economy, the promotion of rural digitalization and giving full play to the productivity of data elements will have a far-reaching impact on the rural industrial integration in rural revitalization. Firstly, this paper systematically combs the influence mechanism of rural digitalization on the integrated development of rural industries, and analyzes the possible regional heterogeneity of this influence from the perspective of rural human capital. Secondly, the impact of rural digitalization on the integrated development of rural industries is empirically investigated by using the panel data of Chinese provinces from 2008 to 2019. Finally, considering the difference of resource endowment among different provinces, especially the regional difference of rural human capital as the main body of digital technology transmission and application, which may affect the role of rural digitalization, the paper sets rural human capital as a threshold variable, and empirically tests the threshold effect of rural digitalization. The results show that the influence coefficient of rural digitalization on the integrated development of rural industries is significantly positive, and passes the significance level test of 1%, which means that rural digitalization is conducive to promoting the integrated development of rural industries; Extension of agricultural industrial chain, multiple functions, expanding agricultural development of agriculture and fostering the subject of industrial convergence is a new rural digital concrete mechanism affecting the development of rural industry integration, by contrast, the rural digitalization of agricultural industry chain extension, agricultural versatility, industry convergence subjectivity cultivation promoting effect to significantly is greater than the agricultural development of new forms; Rural digitalization, rural human capital and development of rural industry fusion between obvious nonlinear threshold relationship, namely rural digital integration of rural industry development by rural human capital levels play a role of restriction and influence, with the constant improvement of the rural human capital level, rural labor force the stronger the ability to use digital resources and digital technology, the more conducive to playing the role of rural digitalization in promoting the integrated development of rural industries; Further coupling and coordination relationship test shows that the higher the coupling and coordination degree between rural digitalization and rural human capital, the more conducive to promoting the integrated development of rural industries. To this end, the paper puts forward the following policy suggestions: Firstly, promote the construction of digital countryside, build the digital transmission channel of rural industries, speed up the process of rural digitization, deeply excavate and play the role of digital factors of productivity, and promote the high-quality integrated development of rural industries; Secondly, adjust measures to local conditions to strengthen the technical training of rural labor force data, improve the rural labor force application of digital resources and the ability of digital technology, constantly strengthening the rural human capital accumulation, enhance the rural human capital level, enhancing the rural human capital and the coupling of the digital technology, in order to promote the development of rural industry towards depth fusion.

    • A research on the supply quality of irrigation and water conservancy improved by the rural culture revitalization: Analysis from the farmers’perspective

      2022, 28(2):15-25. DOI: 10.11835/j.issn.1008-5831.jg.2021.08.002 CSTR:

      Abstract (309) HTML (1439) PDF 1.75 M (1212) Comment (0) Favorites

      Abstract:It is clearly pointed out in the 19th CPC National Congress Report that China’s economy has entered "the high-quality development stage", "the preferential development of agriculture and rural areas must be persisted in" in order to "carry out the requirements of high-quality development". The irrigation and water conservancy is the lifeblood of the agricultural development, the high-quality supply of the irrigation and water conservancy is the key to promote the agricultural high-quality development, therefore "the irrigation and water conservancy must be taken as the focus of agricultural infrastructure construction". Rural culture refers to the unique and relatively stable production style, life style and the concept system that are formed by the people living in the village for a long time, and also refers to the rural nature, historical accumulation and the inheritance and development of agricultural civilization, the revitalization of rural culture refers to the revitalization of the whole spiritual culture in the rural society from a spiritual and cultural perspective, its essential connotation is that the cultural carrier with the integrity and openness acts on the individual cultural perception and evaluation standard, and its basic purpose is "cultivating farmers’ new collectivism consciousness and mutual cooperation spirit", that is the construction and cultivation of the rural "cooperation" under the leadership of core socialist values, the restriction and eventual elimination of the rural "noncooperation culture". The internal mechanism for the rural cultural revitalization to improve the supply quality of irrigation and water conservancy based on the evolutionary game model is as follows: the incentive role played by the rural "cooperative culture" can make the cooperative equilibrium for the farmers’ enthusiasm to participate in the supply of irrigation and water conservancy realize, and then make the irrigation and water conservancy projects have been provided fully, timely and universally. The adequacy, timeliness and universality of farmers’ irrigation and drainage requirements met by irrigation and water conservancy projects also rise accordingly, that is, the supply quality of irrigation and water conservancy rises accordingly. Lipi water conservancy association located in Lipi irrigation area in Shuangqiao Town of Wanzai county of Jiangxi province is a farmers’ water conservancy association existing persistently hundred years, its operation performance is mainly embodied in "improving the utilization efficiency of water", "expanding the irrigated area", "saving the farmers’ labor input in the irrigation water usage", "improving the quality of irrigation water conservancy facilities continuously", "improving the availability of irrigation water of the disadvantaged groups", etc., the operation performance of Lipi water conservancy association reflects the role because of rural "cooperation culture" incentive in prompting farmers’ cooperative behaviors’ generation in the supply of irrigation and water conservancy, and improving the supply quality of irrigation and water conservancy finally from different sides. The long-term practice of Lipi water conservancy association in governing irrigation and water conservancy shows that the embeddedness of the good reputation in the cognitive structure of farmers, the bilateral relationship of farmers and small "water conservancy society" is conducive to improving the quality of farmers’ cooperative supply in irrigation and water conservancy. The basic ways to revitalize the rural culture in order to improve the supply quality of irrigation and water conservancy lie in:cultivating the trust and cooperation concept in farmers’ cognitive structure, constructing a network of mutual benefit, mutual trust and interaction among farmers, promoting the construction of "cooperative culture" in rural field.

    • Research on China’s promotion of trade and investment liberalization and facilitation of countries along "the Belt and Road": The challenge and response under the Covid-19 pandemic

      2022, 28(2):26-37. DOI: 10.11835/j.issn.1008-5831.jg.2021.07.001 CSTR:

      Abstract (482) HTML (2625) PDF 2.69 M (1303) Comment (0) Favorites

      Abstract:While the global pandemic of the COVID-19 threatens lives, it also has an impact on the global trade and investment. China’s promotion of trade and investment liberalization and facilitation with countries along "the Belt and Road" has encountered the constraints of the tightening of the external environment and the superimposed impact of the pandemic. As the leader of "the Belt and Road", how to examine the promotion of trade and investment liberalization and facilitation under the impact of the COVID-19 has become a significant study. The paper analyzes the new challenges faced by the countries along "the Belt and Road" to promote trade and investment liberalization and facilitation under the epidemic and then proposes policy suggestions. The pandemic has directly impacted the global supply chain, value chain and industrial chain. The pandemic will affect the progress and pace of "the Belt and Road" trade and investment liberalization and facilitation, but the basic judgment remains the same. To promote trade and investment liberalization and facilitation of countries along "the Belt and Road", it is necessary to be aware of the logical consistency of multiple goals. It is also necessary to be aware of the long-term, complex and repetitive nature of the implementation process, and calmly to deal with changes in our subjective and objective perceptions. The paper puts forward the following policy suggestions: Firstly, on the basis of existing multilateral trade agreements, align the rules and measures that are conducive to the liberalization and facilitation of trade and investment under "the Belt and Road". Secondly, make full use of breakthrough role of individual cooperation. It is suggested to strengthen the economic and trade relations between China and FTA countries through bilateral free trade agreement negotiations. Taking the "the Belt and Road"as an important driving force for actively exploring bilateral markets, and using exemplary cooperation results to promote the liberalization and facilitation of regional trade and investment. Thirdly, with the advantages of the existing value chain system and manufacturing advantages, develop differentiated value chain strategies for countries along "the Belt and Road". It is suggested to take"the Belt and Road" as an opportunity to strengthen the trade and investment platform with value chain and create a regional value chain cooperation model. Finally, seize the opportunity for the rapid development of the digital economy during the epidemic, and promote industrial cooperation in the fields of information network, digital economy, cross-border e-commerce and public health between China and countries along "the Belt and Road".

    • Research on the impact of trade facilitation on export duration from the perspective of cooperation between "the Belt and the Eurasian Economic Union"

      2022, 28(2):38-52. DOI: 10.11835/j.issn.1008-5831.jg.2021.03.003 CSTR:

      Abstract (379) HTML (1035) PDF 1.89 M (1127) Comment (0) Favorites

      Abstract:Consolidating and developing the economic and trade cooperation relationship with the Eurasian Economic Union is of great significance to the promotion of "the Belt and Road" construction. The article has established a relatively comprehensive three-level indicator trade facilitation system, which is close to the actual situation of the member countries of the Eurasian Economic Union. Using the CEPII-BACI database 2007-2016 HS6 quantile product level data, firstly, the survival analysis method is used to estimate the duration of the export trade relationship between the Eurasian Economic Union and its member states. Secondly, the Cloglog model is used to investigate the impact of trade facilitation on the duration of the bilateral export trade relationship. The interaction of trade facilitation and regional economic integration is further introduced to investigate the impact of trade facilitation after the launch on the duration of exports. The study finds: 1) The duration of exports between China and the Eurasian Economic Union is generally short, with a median of only 3 years, and the proportion of trade relations lasting more than 1 year is 63.7%, accounting for 50.5% for more than two years, a decrease of 13.2%, and only 29.6% in the ninth year, which is less than one-third. Therefore, China’s trade relations with the member states of the Eurasian Economic Union last for a short period of time. The probability of failure is negatively time dependent. 2) Trade facilitation will significantly reduce the risk of failure in the export trade relationship between China and the Eurasian Economic Union and improve the survival rate of bilateral trade relations. At the micro level, it shows that the level of trade facilitation is improved, the transaction costs paid by multinational enterprises in international trade activities are reduced and the profit space is improved, so as to prolong the export duration of enterprises. 3) The impact of trade facilitation on the export duration of different types of products is heterogeneous. From the perspective of regression coefficient, the order from heavy to light is labor-intensive products, capital-intensive products and primary products. Because when the level of trade facilitation changes, labor-intensive products and capital-intensive products with long value chain and high domestic added value are more vulnerable to the "technology spillover" effect caused by trade facilitation. For primary products, the impact of agricultural policy is greater than the level of trade facilitation. Therefore, compared with capital intensive products and labor-intensive products, the level of trade facilitation has a relatively low impact on primary products. 4) Further through the interaction term model, it is found that after the launch of the Eurasian Economic Union, a customs union effect will be produced. The member states will form a five-country regional market with zero tariffs, which will promote the optimization of internal enterprise production factors and resource allocation, and the flow of internal factors will be freer and more convenient. Member states can obtain more economies of scale, and at the same time, promote the transfer of Chinese exports to other member states in the Eurasian Economic Union more quickly and efficiently, increase the willingness of Chinese enterprises to export, and increase the impact of trade facilitation on the duration of exports enhancement. The research in this article highlights the key role of trade facilitation in enhancing export trade relations, and has certain practical reference value for enhancing the level of economic and trade cooperation between China and the Eurasian Economic Union in the context of "the Belt and Road" construction.

    • The right to energy development: rethinking to promote the high-quality development of "the Belt and Road" energy cooperation

      2022, 28(2):53-66. DOI: 10.11835/j.issn.1008-5831.jg.2020.12.003 CSTR:

      Abstract (294) HTML (1598) PDF 2.27 M (849) Comment (0) Favorites

      Abstract:Promoting the high-quality development of energy cooperation in "the Belt and Road" is a basic requirement for high-quality joint construction of "the Belt and Road". The core of promoting the high-quality development of energy cooperation in "the Belt and Road" is to continuously deepen and improve the practice of energy cooperation in "the Belt and Road", and to construct an innovative, leading and universal theoretical system of energy cooperation in "the Belt and Road",so as to transform the concept of global energy governance. Based on the deficiency of the theoretical system of the right to development and the difficulties encountered in practice, this article focuses on the exploitation of the practical value of the right to development, and solves the practical dilemma of the right to development. Based on the relationship between energy and the right to development, this paper innovatively proposes and defines the concept of the right to energy development, preliminarily constructs the concept system of the right to energy development, analyzes the practical significance of the right to energy development in the current energy cooperation, and points out the positive role of the right to energy development in reforming the current energy governance order and promoting the energy cooperation. On this basis, the article examines the status quo and opportunities of energy cooperation in "the Belt and Road" from the perspective of energy development rights, and believes that the realization of collective energy development rights and individual energy development rights in the current "the Belt and Road" construction is in an imbalanced state, in particular, it is found that there is much room for improvement in the realization of individual energy development right. At the same time, combined with the analysis of some characteristics of the current energy transition process, it is found that collective energy development rights and individual energy development rights are in the great differentiation and transformation,which is manifested in the fact that the realization of collective energy development rights will be slow in the future,while the realization of the individual development right has all kinds of favorable conditions. Based on the above analysis, the article proposes that the direction to promote the high-quality development of energy cooperation in "the Belt and Road" is to promote the collective energy development right toward reciprocity, mutual benefit and universal benefit, and the practice of promoting individual development rights can be put into action. The cooperative ways to promote the development of collective energy development right are: first, to break through old cooperative ideas and promote the construction of a new energy cooperation order; second, while promoting the realization of collective energy development rights of projects, pipelines and major energy bases, the creation of conditions and opportunities for the realization of individual energy development rights should also be taken into account; third, to explore new ways to realize collective energy development rights and promote the practice of new energy cooperation under "the Belt and Road" initiative. The way to promote the right to individual energy development lies in the following: first, we need to enhance mutual learning of experiences in improving people’s livelihood through energy development. On the one hand, the concept of individual right to energy development should be popularized so as to guarantee and improve people’s right to subsistence in countries along the route. On the other hand, it is necessary to expand the ideas and paths for realizing individual energy development rights, especially to strengthen mutual learning of photovoltaic poverty alleviation experience. The second is to increase the learning and exchange of new energy technologies, create conditions for the realization of individual energy development rights, and guarantee the realization of individual energy development right in terms of thinking, technology and system.

    • Environmental information disclosure, media attention and debt financing costs: Based on analysis of listed companies in heavy polluting industries

      2022, 28(2):67-78. DOI: 10.11835/j.issn.1008-5831.jg.2019.11.001 CSTR:

      Abstract (442) HTML (1143) PDF 1.76 M (1304) Comment (0) Favorites

      Abstract:Debt financing is an external corporate financing tool. By applying the obtained funds on corporate development and manufacturing, companies can promote the upgrading of producing structure and the improvement of operating capacity. Therefore, nowadays, debt financing mainly focuses on how to effectively reduce the financing cost, lift debt constraints, and in turn, enhance the output value of the enterprise. This paper adopts a media attention approach aiming at reducing the debt financing cost in heavily polluting industries. Some heavily polluting listed companies under media attention from 2015 to 2017 are selected as the research object. This research analyzes their debt financing costs and environmental information disclosure and reveals the relationship between them. Statistical analysis, correlation analysis, and regression analysis are applied to verify the hypothesizes. Theoretical analysis suggests that high-quality environmental information disclosure can show a corporate’s sustainable development possibility to market. It enhances corporate word-of-mouth and improves investors’ confidence. This level of information disclosure can also alleviate information asymmetry problems that exist in cooperation between investors and enterprises, save time for both parties, and help the companies to gain funds with less financing cost. Media can make up for the information asymmetry between investors and enterprises through information transmission. It also promotes the sound development of enterprises through the regulatory mechanism and helps to reduce financing costs. The more attention media pay to corporate environmental information, the lower the financing cost of enterprises. Media attention is an external regulatory mechanism, while corporate internal environmental information disclosure is a management model of the enterprise system. The two are mutually complementary, not only ensuring the full play of corporate advantages, but also promoting capital investment, sound development, and rapid growth of the enterprise. The higher the media attention to the enterprise, the higher the quality of environmental information disclosure, the lower the financing cost.Empirical results suggest that media attention can directly affect the high and low cost of debt financing, and there is a negative correlation between them. When media communication performs in a positive state, the cost of debt financing will be reduced, and vice versa. In addition, the media attention and the quality of environmental information disclosure are inversely proportional to the cost of debt financing. High media attention and high-quality information disclosure will gradually lower down the cost of debt financing. Finally, based on the current background of China, this paper puts forward relevant suggestions on ways to reduce the cost of debt financing. The government should improve the system to ensure the implementation of environmental information disclosure and strengthen corporations’attention to environmental information. The media should accelerate the reform of the industry, enhance the fairness, objectivity, and accuracy of the media, promote positive media transmission, and reduce negative media communication, to effectively reduce the debt.

    • >社科研究与评价
    • Analysis on regional correlations between Chinese humanities and social sciences academic journals and authors: Based on academic papers reprinted by the selected materials from 2018 to 2020

      2022, 28(2):79-93. DOI: 10.11835/j.issn.1008-5831.pj.2022.02.003 CSTR:

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      Abstract:For China’s regional cultural and economic development is uneven, there are significant differences in periodical layout, talent reserve, scientific research strength and scientific research output. An in-depth analysis of the regional distribution characteristics of Chinese academic journals and authors of humanities and social sciences will help to clarify the regional development pattern of humanities and social sciences, guide the balanced development of various regions, and help to promote the benign interaction between regional academic journals and authors. Relevant literature research shows that there is a positive correlation between the numbers of local academic journals, local universities, population and GDP, but there is little in-depth analysis of the interactive relationship between academic journals and authors in different regions. Whether there are regional preferences or restrictions on the author’s choice of journals? In the process of opening up the journal, there is a phenomenon of localization of manuscript sources and high self-contribution rate of the sponsor. To what extent is the process of manuscript use and author submission affected by regional factors? Based on the reprinted data of selected materials of RUC’s Information Center for Social Sciences, from the two dimensions of periodical publishing place and author location, this paper puts forward the concepts and indicators of periodical dependence, author contribution, local contribution rate and local contribution rate in different regions. The paper focuses on the interactive effect and relationship between periodical publishing places and authors’ organization location, quantitatively observes the actual effect of opening journals and the regional tendencies of scholars’ contributions, and reflects the law of academic flow in different regions. Applied to specific disciplines, it reflects the regional distribution and flow characteristics of discipline journals and authors, and analyzes the inflow and outflow laws of discipline publications in different regions. Applied to different regions, it depicts the characteristics of journals and the interactive relationship between local journals and local authors, so as to provide a practical measurement tool for the development directions of journals and the guidance of excellent manuscript sources in regions. It is found that the distribution of Chinese humanities and social sciences journals and authors is uneven, the "Matthew effect" of excellent authors is stronger, the regional layout of scientific research institutions is unbalanced, and the talent competition of scientific research institutions is superimposed, which intensifies the directional flow and regional enrichment of scientific research talents. Excellent journals also show regional imbalance, while affected by many factors, the aggregation effect is limited. The correlation characteristics between excellent journals and excellent authors in different regions are quite different. There are many states such as "closure", "alienation" and "imbalance" in different disciplines. Some characteristics will have an adverse impact on the development of disciplines in the region. These characteristics require that management policies should further optimize the allocation of academic resources and promote the balanced development of academic forces in different regions. Journal operators should pay attention to the regional layout of journals and authors, and strengthen academic exchanges, enhance the understanding between journals and scholars. Meanwhile, they should also promote the coordinated development of academia, and improve the mechanism and way of guiding the balanced development of regions with academic evaluation, as well as bring the scope of regional distribution into the evaluation scope of academic journals, authors and institutions.

    • Evolution path, hotspots and frontiers analysis of equity incentive research of China

      2022, 28(2):94-107. DOI: 10.11835/j.issn.1008-5831.jg.2020.06.005 CSTR:

      Abstract (587) HTML (1517) PDF 2.46 M (1913) Comment (0) Favorites

      Abstract:Scientifically presenting the evolution path of China’ s equity incentive research and tracking its research frontier are of great significance in the economic transition process of China. However, there is little literature review on equity incentive research of China, especially the lack of scientific and objective literature induction and summary based on bibliometrics method. So, the present study takes the research literatures on equity incentive in CSSCI database up to 2018 as the research object, and formulates the advanced strategy of document data collection (retrieval type: keywords = equity incentives or keywords = stock options or keywords = restricted stocks), and then designs a four-step data cleaning process based on DEAN. What’s more, this study adopts bibliometrics software CitespaceV and Statistical Analysis Toolkit for Informetrics SATI3.2 to quantitatively describe and visually analyze the text data of the final 981 valid documents focusing on equity incentive in China through quantitative statistics, document co-citation analysis, keyword frequency analysis, keyword cluster analysis and keyword bursts analysis and manual analysis of literature contents. Specially, with the help of quantitative statistics on text data, the overall framework of equity incentive research of China is described, including the core authors (Xu Ning, Xiao Shufang and Lyu Changjiang), the high-production institutions (Fudan University, Shanghai University of Finance and Economics, Xi’an Jiaotong University and Central University of Finance and Economics, etc.) and high-production journals (Economic Management, Statistics and Decision, Productivity Research and Accounting Research, etc.). Besides, this research reveals evolution path, hotspots and research frontiers of this field in China through bibliometric analysis and manual induction. The results show that the evolution path of equity incentive research of China presented the overall characteristics which originated from the conceptual stage (1998-2002) introducing concepts and modes of equity incentive, via the initial development stage (2003-2009) discussing on equity incentive effect, endogenous problems, etc., finally to the diffusion development stage (2010-2018) analyzing senior management behavior, equity incentive contract elements, motivation and positioning of equity incentive, etc. Incentive targets, state-owned enterprises, operating performance and earnings management are hot research topics; while earnings management, salary incentive, executive incentive, restricted stock and risk sharing may be the current frontier areas.This study demonstrates that the research on equity incentive is an evolving process. In practice, there are three major trends in Chinese equity incentive: restricted stock has become the most important equity incentive model; State-owned enterprises are increasingly becoming the main body of equity incentive; Ordinary employees are becoming an important incentive object of equity incentive. Based on this, this study proposes the research on restricted stock and equity incentive of state-owned enterprises. This study is helpful for scholars to grasp the research context of equity incentive of China from the whole and can promote the theoretical development of equity incentive research.

    • Results of higher education evaluation: Dilemma,reflection and direction

      2022, 28(2):108-120. DOI: 10.11835/j.issn.1008-5831.pj.2022.02.004 CSTR:

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      Abstract:Evaluation results are the bridge between evaluation activities and practice improvement. Only by perfecting the application of evaluation results can we form a closed-loop process of improving education quality and highlight the development value of evaluation. However, in the process of concrete implementation, the evaluation results are either ignored, or presented as competitive, hierarchical, etc., which are not conducive to the sustainable development of evaluation. The evaluation results have not been fully utilized to implement the goal of "strong hardness" and "long teeth" and promote the improvement of educational governance efficiency. At present, when academic circles talk about evaluation, they usually involve the related problems of evaluation results, but there is a lack of specialized research. The double deficiency of practice and theory provides space for further research on evaluation results. In October, 2020, the first document on systematic reform of educational evaluation in China—"The General Plan for Deepening the Reform of Educational Evaluation in the New Era" (hereinafer referred to as the "plan"), proposed to reverse the unscientific orientation of educational evaluation and improve the evaluation of results, aiming at reflecting on the negative impact of the current popular evaluation of results, thus reforming the "five-dimensional" tendency that hinders the development of high-quality education, promoting the construction of double first-class universities, and further educating people with evaluation empowerment. The publication of this document not only reflects the importance attached by the state to the evaluation, but also highlights the urgency of solving the problems in the evaluation. Based on this, with the value pursuit of "improving the evaluation of results and strengthening the use of results", this paper comprehensively looks at the evaluation results of higher education from the aspects of presentation form, feedback mode, attitude of relevant subjects, interpretation path and application orientation. It is found that there is a common phenomenon of "five-light and five-heavy" in the current evaluation of educational results, that is, it presents the dilemmas of emphasizing quantity over quality in form, emphasizing notification over negotiation in feedback mode, emphasizing acceptance over questioning in attitude towards results, emphasizing entity over relationship in the interpretation of results, emphasizing utility over value in the application of results, etc. Finding the problem is to solve the problem, and the premise of solving the problem is to trace the root cause of the problem. Only in this way can we aim at the target. Following the thinking logic of "idea-system-operation", we should deeply and systematically reflect on the root causes of problems, which are caused by the deviation of educational evaluation ideas, the unscientific evaluation system and the complexity of application of evaluation results. Perfecting the application of results evaluation, implementing the evaluation concept of the "Plan" and realizing the value pursuit of "breaking through the five only" are the ownership and foothold of the research. In view of the fact that the key of evaluation lies in people, and any action of people can not be separated from the support of the system, this paper selects the analysis framework of "people-system" and puts forward detailed and feasible opinions, which can provide reference for giving full play to the development function of evaluation, establishing and perfecting the mechanism of cultivating people by virtue, and promoting the all-round development of people and building a socialist modernization power mentioned in the Sixth Plenary Session of the 19th CPC Central Committee. Suggestions are put forward including improving the evaluation ability of administrative personnel, enhancing the professionalism of implementers and mobilizing the enthusiasm of implementers, perfecting the supervision mechanism of evaluation process, optimizing the use mechanism of evaluation results, and establishing the tracking mechanism of evaluation improvement, etc.

    • The value, logic and path of integrating the Party history learning into ideological and political education in universities

      2022, 28(2):121-131. DOI: 10.11835/j.issn.1008-5831.pj.2022.03.001 CSTR:

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      Abstract:Starting from "why" and "how" to integrate the Party history learning into the ideological and political education in universities, the article sorts out the value and basic logic of integrating the Party history learning into ideological and political education in universities, and provides practice paths of the integration, which will benefit to build a great cycle of ideological and political education, promote the connotative development of the double first-class construction, build a high-quality ideological and political education system, and complete the study of the Party history with high standards. Firstly, in terms of the importance of the Party history learning and ideological and political education in universities, it points out the value and significance of the synergy between the two. The Party history learning is a major decision made by the CPC Central Committee with Comrade Xi Jinping as the core, taking the overall situation and taking a long-term perspective, keeping in mind the original mission, enhancing historical consciousness, and striving to open up the future. Strictly implementing the arrangement and deployment of the Party history learning, and fulfilling the policy requirements with high quality are important tasks for universities. Ideological and political education is the lifeline of all work of the universities, and it plays an important role in implementing the fundamental task of "cultivating morality and cultivating people", and cultivating new talents who are worthy of the era of national rejuvenation. Under the background to promote double first-class construction, the integration of Party history learning into ideological and political education in universities has the value of cultivating "roots" and building strong "souls", enhancing the practical guiding value of ideological and political education, and enhancing the inheritance value of history and culture. Secondly, the foundation of the integration is the deep logic and close relationship between Party history learning and ideological and political education in universities, the two share a common philosophical origin on the issues of "what" and "why", both are the inheritance and development of Marxism, and both are the "fundamental force" of college students and young people to promote the construction of socialism with Chinese characteristics. On the issue of "what kind of people to train, how to train people, and for whom to train", the two both contain the standards and requirements of talent training, create a good educational environment, and point out the basic laws of talent training, they have the consistency of standards, the unity of resources, and the consistency of principles. Thirdly, measures of integrating the Party history learning into ideological and political education in universities have been proposed, which contributes to the double first-class construction. We should taking the improvement of literacy as the core, strengthen the target traction, optimize the staffing, and integrate it into the construction of the teaching team; take the combination of learning and practice as the guide, strengthen the explicit ideology and politics, refine the implicit ideology and politics, and integrate it into teaching practice; follow the task requirements, innovate the form of activities, and integrate it into daily education; focus on precise policy implementation, optimize student organization management, conduct classified education guidance, and integrate it into student affairs. It is a beneficial exploration to build a great ideological and political pattern, promote double first-class construction and the cultivation of first-class talents by strengthening the integration of Party history education into ideological and political education in universities.

    • >人文论坛
    • The earliest character image narrativeof China: "Character animation" on bronzes

      2022, 28(2):132-142. DOI: 10.11835/j.issn.1008-5831.rw.2022.02.003 CSTR:

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      Abstract:The portraits of figures inlaid on bronzes of the Eastern Zhou Dynasty were shaped around the themes of rituals such as Yishe, Banquet, Shooting, and Picking mulberry. They are the earliest character image narrative in China. If you look at it still, each figure on bronzes is an image of a certain fixed action. However, if the characters’ orientation, crown, spatial relations, and order of actions are compared with the relevant ritual records in "Yi Li", this is not a synchronic picture that Westerners called the "most fertile moment", but a diachronic picture in which a single (or two) characters "moving" according to their own positions and corresponding manners. Essentially, if there are four people on the image, it is most likely not multiple people, but one character performing a certain action program. For example, 7 people of Banquet portraits actually depicts only two roles, the presenter and the recipient, who are facing each other, and performing the "entering the hall-saluting at the lintel-spooning wine into winebowl-offering wine" ceremony in sequence. In the Shooting portraits, the 3 or 5 people in the hall are actually only one person called si she, who is performing a series of demonstrative actions (you she). Furthermore, the 5 people in the courtyard did not mean that they were going to the hall to shoot together, but "yi ou" (2 people) marched in an orderly manner and competed in the hall. In the Yishe portraits, a struggle between man and bird is completly presented, firstly the bird "swimming in the water-rising in the air-flying to the sky above the shooter", and then the shooter "kneeling on one knee to shoot-kneeling on both knees and raising the bow to maintain the rope-taking the rope off the bow and tying it to the stone tool". In the mulberry picking portraits of a dozen people, it is not a collective mulberry-picking activity scene, but a woman and a man completing the ritual of "climbing the mulberry tree-picking mulberry leaves-cutting mulberry leaves-delivering mulberry leaves-carrying mulberry basket together" in turn. Although these portraits are a little naive due to the restrictions of early visual perception and drawing rules, they ingeniously retain the time, performance and narrative of ritual performance, so that the characters in the portraits "moving" like a frame-by-frame animation. This movement of a single character is essentially an image narrative, which can be called a "character animation". As such, the portraits on the bronzes are quasi-real-time transfer of the ritual rehearsal in Zhou Dynasty, and are a kind of "character animation" completed in four-dimensional spacetime. The time dimension is its dominant dimension, and the architectural courtyard, mulberry forest, and waterfront are its narrative. Not only does a single character develop a narrative according to the temporal order, but even the height of the building platform, the position and direction of the stairs, and the spatial relationship between the building and the courtyard are also deformed due to the needs of character image narrative. Here, space is guided by time.

    • Disease as a metaphor in Chinese ancient novels and its close correspondence with the theme

      2022, 28(2):143-156. DOI: 10.11835/j.issn.1008-5831.rw.2022.03.002 CSTR:

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      Abstract:The disease narrative in ancient China has a long history. It has completed a transformation from the tradition of witch doctors to the tradition of witch who crafts the history. The former is the object described, and the latter is the form of description. During the evolution from disease narratives in classics and historical books to disease narratives in literary works, the meaning of disease itself has changed. It no longer only refers to human physical diseases, but also has begun to be used as a metaphor to refer to various factors which would cause damage to the country. In terms of the content, the disease narratives in ancient novels are distinguished from realistic styles and metaphorical styles. The two styles of writing correspond to different thematic expressions. One is as a representation of daily life, the other is a metaphor of the destiny of an individual, a family or even a country. It’s worth noting that the latter one includes moral metaphors and destiny metaphors at the individual level, and political metaphors at the national level. Moral metaphors about disease are mainly manifested in the two aspects of natural justice and humanity, and the concept of karma has become the dynamic mechanism for the lack of morality in the narrative of the novel to lead to physical disease. The loss of morality is the direct reason of physical illness, and the therapy morally can help heal the sick. As far as destiny metaphors are concerned, some masterpieces of Ming and Qing novels depict the specific manifestations of mental illness in great detail, which has highlighted and strengthened the tragic theme of works. As for political metaphors, novelists in the late Qing Dynasty often used diseases as a metaphor for the devastated old China’s situation at that time so as to criticize social reality and the drawbacks of traditional culture, and to propose therapies to heal the country. The above three types in disease narratives, their contents include the cause of disease, the method of curing disease, and the result of getting the disease. And the theme of the work is intertwined with the triple metaphors of "disease", "treatment" and "medicine". Finally, the profound cultural connotations of the disease narratives in ancient novels can be explained with the concepts of "the unity of nature and man" and "the cognateness of Medicine and Confucianism". The theory of "the unity of nature and man" holds that in the traditional concept, there is a close relationship between man and nature, and violation of natural laws will be the predisposing factor for disease. Only by obeying the will of Heaven can we be free from disease. From the perspective of the evolution of traditional Chinese scholar culture, the concept of "the cognateness of Medicine and Confucianism" reveals that the principles of governing a country and treating diseases are inherently connected. Splendid words which are crafted awakening stories, as great hearts that are intended to enlighten and save the country, they complement each other and achieve each other. Those beautiful models of disease narrative are the result of the confluence of the two. At last, the disease narratives in ancient novels make it clear to us that for thousands of years, the common idea of both doctors and Confucians is not only to heal people’s diseases, but also to heal the society and the country.

    • Coping with thecity, state, and foreign powers: Dynamics in the operation of the Haihe Conservancy Commission in Republican China

      2022, 28(2):157-170. DOI: 10.11835/j.issn.1008-5831.rw.2022.02.001 CSTR:

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      Abstract:The Haihe Conservancy Commission (HCC) was established for Sino-foreign cooperation in dredging the Hai River and existed between 1897 and 1949. The existing studies have clarified the main business and operation system of the HCC and outlined the connections between the HCC and the local, national, and international communities and institutions. Building upon this body of work, this article exploits various archives and newspapers to examine the events surrounding the leasing of two icebreakers, the breach of the Chaobai River, and the sluices in the Qiangzi Canal, in order to gain a more comprehensive understanding of the operation of the HCC. The article argues that the HCC was flexible with its identity and role in practice, adjusting its strategies to respond to different parties, and exerting a unique influence in international politics, water conservancy, and local society. At the same time, the HCC’s imperialist characters persisted. In 1916, two icebreakers owned by the HCC were found de-icing in Vladivostok. Germany and Austria-Hungary accused China of violating its promised neutrality during the Great War. In the conflicts to follow, various parties demonstrated how they took advantage of the ambiguous status of the HCC to serve their purposes. The eventual resolution of the incident was reached after a series of deliberations within the institution, which shows the ability of the HCC of balancing interests and resolving disputes among the Chinese and foreign authorities. The breach of the Chaobai River in 1911 made the HCC an active player in the long-lasting conflicts between the overall water planning of Zhili and the economic development of the port of Tianjin. The HCC represented the local commercial interests of Tianjin in fighting against other Chinese water agencies. Through its diplomatic privilege, it facilitated the establishment of the Zhili River Commission, a platform for cooperation among various river authorities, and managed to intervene in the national water planning of the Chinese government. At Tianjin, the HCC was also involved in the recurring disputes between the foreign concessions and the Chinese communities over the sluices in the Qiangzi Canal. The HCC initially teamed with the foreign concessions and actively sought the power of control over the sluices in the Qiangzi Canal. Then, the HCC gradually withdrew from issues regarding the sluices in an attempt to cultivate a more neutral and professional public image. However, it failed to reverse the opinion of the Chinese people who still saw the HCC as a representative of foreign interests. In summary, the constitution of the HCC left room for interpretation, and the HCC constantly adjusted its status in coping with different situations to achieve its purposes in the tumultuous times. Although the HCC was designed to be an independent non-governmental institution, its existence and functioning were dependent on the unequal treaty system and could never be truly independent.

    • >法学研究
    • Theoretical basis and realization path of procuratorial public interest litigation mechanism in the field of women’s rights and interests protection

      2022, 28(2):171-182. DOI: 10.11835/j.issn.1008-5831.fx.2022.02.001 CSTR:

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      Abstract:Expanding the scope of public interest litigation cases is not only the resolution of the Fourth Plenary Session of the 19th CPC Central Committee, but also the key work of public interest litigation by procuratorial departments in recent years. The scope of accepting cases of procuratorial public interest litigation stipulated in Administrative Procedure Law and Civil Procedure Law is concentrated in related fields involving national interests and decentralized public interests. However, the rights and interests of specific groups are mostly personal interests, which are usually remedied by means of private interest litigation. In recent years, the procuratorial organs have handled a large number of public interest litigation cases to protect the rights and interests of specific groups. Through empirical analysis, the article finds that these cases are mainly closed through pre-litigation procedure of administrative public interest litigation or social governance procuratorial proposal, and most of the lawsuits filed are civil subrogation lawsuits. The Law on the Protection of Minors, which was amended in 2021, stipulates the provisions of procuratorial public interest litigation for the protection of minors. The Law on the Protection of Women’s Rights and Interests (Amendment), submitted to the Standing Committee of the National People’s Congress for deliberation in December 2021, also drafts the procuratorial public interest litigation clauses for the protection of women’s rights and interests. In order to resolve the huge differences between practice and theory of procuratorial public interest litigation for specific groups’ rights and interests protection, the article analyzes that, women’s rights and interests are characterized by sociality, public interest and order in addition to their personal attributes. Traditional laws tend to use married women, pregnant and lactating women, unmarried women and so on to regulate women’s rights and interests based on sociality, so that women’s rights and interests needs to be carried out in the family structure and social structure, which is difficult to be fully protected. Actively protecting women’s rights and interests conforms to the "social" nature of socialist rule of law. The "publicity" of women’s rights and interests lies in the fact that when individual women’s rights and interests are damaged, there are often cases of systematic damage to women’s rights and interests. The protection system of women’s rights and interests in China is with characteristics, and the relevant legislative system is complete, but it is hard to avoid the lag and omission of legislation. The law enforcement coordination mechanism is not perfect, the prevention mechanism is preferred, and the disposal means are lack of compulsion. The criminal and civil relief mechanism also needs to be improved. To sum up, the article points out that it is feasible and necessary to embed the procuratorial public interest litigation mechanism into the current diversified law enforcement and relief mechanism in the field of women’s rights and interests protection. In view of the limited judicial power, the intervention of administrative procuratorial power (including procuratorial public interest litigation) in the protection of women’s rights and interests can be divided into three forms. Through the study and judgment of relevant criminal cases, analyzing potential or existing administrative violations, procuratorial supervision of administrative violations should be taken. The principle of criminal priority should be followed between criminal means, means of procuratorial supervision of administrative violations and means of public interest litigation. In cases where women’s rights and interests have been infringed but social and public interests have not been damaged, the means of procuratorial supervision of administrative violations can be adopted. However, if the case meets the standard of public interest litigation, public interest litigation can be filed.

    • On the reform path of patent confirmation system in China: From "administrative unitary system" to "administrative and judicial dual system"

      2022, 28(2):183-194. DOI: 10.11835/j.issn.1008-5831.fx.2021.09.002 CSTR:

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      Abstract:The patent confirmation system is one of the long-term controversial issues in theoretical and practical circles of China. In the trial of patent infringement cases, for the purpose of improve trial efficiency and proper settlement of disputes, some courts are trying to break through the barriers of "administrative unitary system" right confirmation mode, and there is a gradual transition from fully complying with the presumption of the validity of patent rights to actively examining the validity of patent rights. In Qinghe Co. v. Gongchuang Co., Nanjing Intermediate People’s Court rejected the plaintiff’s claim on the basis that the plaintiff’s patent right involved in the case did not meet the authorization conditions for creativity. However, the court did not directly determine that the patent right involved in the case was invalid. The Supreme People’s Court affirmed the practice of limited examination by the court of first instance by resorting to the basic principle of good faith, but sent it back for retrial on the ground that the basic facts of the defense of existing technology are unclear, which highlights the tangle. If the case is sent back for retrial, the possible situation will be the old way of returning to the court to suspend the lawsuit and wait for the result of patent invalidation. The "administrative unitary system" right confirmation mode leads to the long trial cycle of patent infringement cases, which needs to be reformed urgently. The existing reform plans can be divided into two categories: giving the court the power to examine the validity of patent rights and establishing the defense system of the invalidity of patent rights. The existing reform plans have their own advantages and disadvantages, some lack theoretical support, some lack effectiveness, and there are great differences, so it is impossible to reach a consensus. The ideal reform plan should be to give the court the appropriate power to review the validity of patent rights, so that the court can not only completely solve the validity of the patent rights involved in the patent infringement litigation, but also have the theoretical support, and will not lead to practical conflict between judicial power and administrative power. It is complementary rather than alternative when the court and the patent administration department share the power to review the validity of patent rights. Giving the court the power to examine the validity disputes of the patent right involved in the patent infringement litigation will not excessively increase the burden of the court, nor will it have much impact on the exercise of function and power of the patent administration department. At the same time, the allocation of power in China has always followed the principle of functionalism. When allocating controversial power among different institutions, what we consider is to allocate power to the institution with the most functional advantages. It is in line with the principle of power allocation in China to endow the court with the power to examine the validity of patent rights involved in patent infringement litigation. Finally, the current team of Chinese courts to hear patent cases has been relatively large and professional. They have accumulated rich experience in examining the validity of patent rights and improved their professional ability, which is enough to be competent for the examination of validity of patent rights. Therefore, the "dual system" right confirmation model is reasonable and feasible, which is expected to solve the problems caused by current patent right confirmation system in China.

    • Construction of macro-ecological regulation mechanism of river basin under the background of enactment of Yellow River Protection Law

      2022, 28(2):195-206. DOI: 10.11835/j.issn.1008-5831.fx.2021.06.004 CSTR:

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      Abstract:Guided by the national strategic goals of ecological protection and high-quality development of the Yellow River Basin, in view of the integrity, complexity and super-large scale of ecological protection and management of Yellow River Basin, simply relying on the traditional administrative control means aimed at environmental protection elements is not enough to achieve the established goals and tasks of ecological protection and high-quality development. According to the national goal and strategic orientation of ecological protection and high-quality development in the Yellow River Basin, and based on the natural, economic and social attributes of the ecosystem, it is necessary for the state to play the role of macro-ecological regulation with "high promotion". The driving force of overall, systematic and coordinated guiding regulation means should be used to strengthen the means, tools and mechanisms of ecological protection and management in the Yellow River Basin at the macro level. The macro-ecological regulation of the Yellow River Basin is to play the role of the state in the systematic regulation of the overall spatial governance and legal management, based on the logical relationship of "strategic needs - overall goals of ecological protection-state responsibilities". The application of "target + planning + tools" is the core element of the establishment of macro-ecological regulation mechanism. Under the objective requirement of advancing law-based governance in all respects, the macro-ecological regulation mechanism of the Yellow River Basin, which is centered on the axis of "target + planning + tools", should be confirmed, guaranteed and standardized by law, in order to realize the standardization, institutionalization and rule of law of the main body of power, the use of tools and the procedure of macro-ecological regulation in the Yellow River Basin, and achieve the strategic goals of ecological protection and high-quality development.

    • The validity determination on the stock-holding in violation of the mandatory provisions

      2022, 28(2):207-219. DOI: 10.11835/j.issn.1008-5831.fx.2021.11.005 CSTR:

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      Abstract:The provisions of Article 153, paragraph 1 of the Civil Code, as a general provision, opens the way for mandatory provisions to interfere with the effectiveness of juristic acts. Then the supervision rules as the manifestation of mandatory provisions to interfere with the effect of stock-holding is justified. It should be pointed out that the existing identification methods of mandatory provisions can only solve the problem of the source of public law norms entering the field of private law, but it can’t provide guidance for the judgment of the validity of the juristic acts. In contrast, the principle of proportionality in administrative law provides a normative path for judging the effectiveness of entrustment. Therefore, the determination of the invalidity of stock-holding needs to be be judged from the sub-principle of the proportionality principle. In other words, it needs to confirm that the invalid means is helpful to achieve the normative purpose of mandatory regulations, and it is necessary for mandatory regulations to interfere with the effectiveness of stock-holding, and the invalidity of stock-holding satisfies the requirement of balance. At the operational level, in order to the convenience of research, the stock-holding acts in judicial practice can be subdivided into stock-holding formed by changing shareholder identities, and stock-holding by false expression, and stock-holding by changing behavior types. However, only after the principle of proportionality is finally filtered, serious illegal stock-holding can be deemed invalid. At the same time, when judging the validity of illegal stock-holding, attention should be paid to distinguish the difference between the juristic acts and the acts. Only when the purpose of regulatory rules is to restrict or prohibit the juristic acts, it is necessary to intervene in the effectiveness of the juristic acts. As for the effectiveness of the acts of stock-holding, administrative liability or criminal liability can be imposed directly in accordance with the norms of public law. Since invalid regulatory technology is the most severe means of restricting individual autonomy, the determination of invalidity of stock-holding should be moderated. In other words, it should further judge whether there is partial invalidity, relative invalidity, backward invalidity and other valid forms, and it doesn’t have to be subject to absolutely invalid restrictions. In addition, when it resolves the return of benefits after invalidity, it should pay attention to distinguish the difference between the interests of control rights and economic interests, and it is liquidated in accordance with the principle of "the illegal unjust enrichment shall not be returned". According to the arrangement of the legal system, the beneficial investor shall not request the return of equity and earnings, but it not limit the equity capital and interest because of no final transfer. Based on the requirements of the unification of law and order, although the recipient can exclude the legal effect of returning the benefits in the lawsuit, but the recipient may still bear administrative responsibility or criminal responsibility, or even be confiscated. At the same time, in order to the special needs of legal protection, if the nominal shareholder is the main fault party or is conducive to the realization of social and public interests, it can be allowed to return exceptionally, and it is possible to apply the discount compensation and damage compensation rules. Besides, in order to avoid the occurrence of breach of trust and illegal profits, when the legal act is determined to be invalid, the court can make judicial suggestions to the regulatory authority to allow the parties to accept public law punishment.

    • From "power supervision" to "right restrictionv: The rational dimension of legal regulation of big data investigation

      2022, 28(2):220-231. DOI: 10.11835/j.issn.1008-5831.fx.2020.12.004 CSTR:

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      Abstract:The implementation of the national strategy of big data promotes the resource integration of modern information technology and traditional investigation means, and promotes the birth of big data investigation mode. As a result, China’s social governance mode has changed from passive investigation to active prevention, the case investigation mode has gradually changed from "from confession to evidence" to "from evidence to confession", and the working mode has also changed from "personnel intensive" to "technology intensive". The traditional investigation has achieved great changes in the wave of informatization. However, the theoretical analysis of legal sociology and linguistics reveals that the real veil under big data investigation is the power logic of "discipline and punishment", which makes the subject of investigation power vulnerable to irrational factors such as pressure assessment indicators and personal promotion, and the "dispersion" characteristics of power itself make big data investigation more deceptive. Citizens’ personal information rights will inevitably be violated. Unfortunately, China’s legislation has not yet made clear provisions on big data investigation, which mainly depends on the self-supervision of public security organs in practice. At the same time, the Constitution defines the status of the people’s procuratorate as the national legal supervision organ. Therefore, the big data investigation has formed a two-dimensional power control mode dominated by the internal "hierarchical supervision" of the public security organ and supplemented by the external "procuratorial supervision". However, the defects of this institutional arrangement lie in: on the one hand, the public security organ is "both an athlete and a referee", which is difficult to ensure the legitimacy and necessity of the application of this measure, and the inherent defects of the hierarchical supervision mode also lead to the poor transmission of supervision information and affect the supervision effect. On the other hand the traditional "written" procuratorial supervision can not effectively identify the illegally collected personal data information, the lack of coercive sanctions will also weaken the effect of supervision, and the partial exercise of the procuratorial organ’s investigation power makes procuratorial supervision vulnerable to public security counteraction. Therefore, the intention to restrict the power of big data investigation through procuratorial supervision alone cannot be given too high expectations. Although the "judicial" writ mode of extraterritorial coercive measures approved by judges is highly praised by domestic scholars, the high political status of public security organs also makes this mode not feasible in China. In view of this, under the judicial proposition of "trial centered", playing the combined fist of "legislation and justice" and ensuring the comprehensive protection of the right to personal information have become the best rein in the runaway horse of big data investigation. Specifically, the legislative work of criminal procedure should be followed up in time to correct the right to personal information, and on this basis, fully protect the suspect’s right to know personal information, the defendant’s right to defend personal information and the relief right of the injured party of personal information.

    • Latest amendments and their application of intellectual property in criminal law in China

      2022, 28(2):232-245. DOI: 10.11835/j.issn.1008-5831.fx.2021.07.004 CSTR:

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      Abstract:In the context of the increasing importance of intellectual property and the increasing calls for strengthening intellectual property protection, the Amendment (XI) to the Criminal Law substantially amended the normative system of intellectual property in criminal law, which not only strengthening the supply of norms of intellectual property criminal protection, but also demonstrating the determination to strengthen intellectual property protection. From the point of view of specific content, the amendments of intellectual property in criminal law by the Amendment (XI) to the Criminal Law are mainly manifested in expanding the regulation scope of intellectual property in criminal law by adding new crimes and expanding old crimes, in aggravating the penalty for crimes of infringement of intellectual property by increasing allocation of statutory penalty. Through the norms of intellectual property in criminal law, it can be found that this amendment fully reflects the latest legislative concepts of comprehensive protection of intellectual property, active protection of intellectual property, and the unity of the order of law, which are of great significance to the understanding and application of the relevant provisions of intellectual property in criminal law. The Amendment (XI) to the Criminal Law has been officially implemented and it is necessary to systematically explain the constitutive elements of the crimes of infringing copyright, infringing trade secret and stealing, secretly gathering, purchasing, or illegally providing trade secret for overseas entities, in order to fully achieve the legislative purpose of protecting intellectual property at the judicial level.

    • >政治建设与社会治理
    • The generative logic and practical approachof the people’s hero paradigm in the new era

      2022, 28(2):246-258. DOI: 10.11835/j.issn.1008-5831.zs.2022.02.002 CSTR:

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      Abstract:Heroes are high-frequency words in people’s daily social life, and they are the focus of scholars in various fields. Starting from Marx’s materialist view of history and the people’s values, the Communist Party of China has highly affirmed the important role played by the masses in the historical development process of revolution, construction and reform with the category of heroes, and comprehensively constructed the people’s hero paradigm reflecting the practice of socialism with Chinese characteristics. The people’s hero has both the characteristics of people and advancedness, inheritance and development, life and politics, times and history, reality and future, and it is the sublimation of the heroism view of the Communist Party of China for a hundred years based on the practice of socialism with Chinese characteristics in the new era. From the logical level of generation, the people’s hero is a new category constructed by the Communist Party of China on the basis of criticizing the traditional individualistic heroes of the Chinese nation and the western superheroes, and the people’s positive role in the historical development is highly affirmed by the hero’s title of the highest honor. The Communist Party of China not only criticized the traditional elitist individual heroism in the course of the century-old history, but also criticized the western superheroism on the basis of the people’s hero paradigm in the course of practice. On the one hand, it deeply revealed the worship of western-style divinity heroes and superheroes in the period of democratic revolution of the old type, and on the other hand, it criticized the influence of western superheroism on the construction of mainstream ideology with the people’s hero. The people’s hero is the refinement and sublimation of the historical role of the masses by the Communist Party of China, and it is a great innovation and development of Marx’s materialist historical view and mass view based on the practice of the new era. The paradigm of people’s hero is an important part of the spiritual lineage of the Communist Party of China, an important source of national spiritual hall and people’s spiritual home, of great value to the construction of socialism with Chinese characteristics in the new era, and an important spiritual force to promote the rejuvenation of the Chinese nation and socialist modernization. Therefore, in the new era we should adhere to the following aspects for the continuous development of the people’s hero paradigm: on the basis of deepening the study of the people’s hero paradigm to promote the heroic discourse with Chinese characteristics and tell a good story of China, display the image of China; on the basis of vigorously cultivating the culture of people’s heroes, to promote the construction of culture with Chinese characteristics and contribute more lasting spiritual and cultural strength to practical development; on the basis of increasing the recognition of people’s heroes to give full play to the strength of heroes with Chinese characteristics and shape a social atmosphere of respecting, defending, learning and loving heroes; on the basis of strengthening the education of people’s heroes to construct the mechanism of hero education with Chinese characteristics and make longer-term contributions to the continuation and promotion of the paradigm of people’s heroes in the new era.

    • The emergence logic, scientific connotation and original innovative contribution of General Secretary Xi Jinping’s important discourses on hero

      2022, 28(2):259-272. DOI: 10.11835/j.issn.1008-5831.zs.2022.02.001 CSTR:

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      Abstract:General Secretary Xi Jinping’s important discourses on hero have made up an integral part of the Thought on Socialism with Chinese Characteristics for a New Era, achieved the latest progress of the Sinicization of Marxism hero view, and illustrated 21st century’s Marxism hero view. They have important theoretical status and significant practical value, and are worthy for continuous study from multiple perspectives. The emergence of these discourses has multi-dimensional reality and thought sources. They come from the need of the great rejuvenation of the Chinese nation, the need of insisting on the guiding position of the Marxist hero view in the ideology of hero view, and the need of constructing the national discourse system of the Chinese Marxist concept of hero. They are an achievement of the collective wisdom of the Communist Party of China, which have combined with the hero connotation of good traditional culture, and made creative transformation and innovative development of it. On the relationship between heroes and the times, they clearly point out that heroes are coming from the times and the people, and are vanguards of the country, the backbone and coordinates of the nation, and the model of the society. On the topic of hero’s subject, they illuminate a triple subject logic that the overall people, the group and the individuals have together constituted the hero’s subject, and indicate that the people’s hero is the core paradigm. On the issue of hero’s conception, they illuminate the essence, spirit and personality of hero. On hero’s cultivation, they illustrate the overall, fundamental and specific path. They have made innovative contribution as follows. The discourses have clarified the basic issue of hero view, that is, the relationship between heroes and the times. They illuminate two aspects of this issue, demonstrates the times’ decisive effect to heroes and heroes’ influence on the times, furtherly, unifies the role of heroes to the times with the role of heroes to the country, nation and society. They have answered the question of where heroes come from and where they will be comprehensively and completely, which is the creative development of the basic principle of Marxism hero concept. These discourses have also innovated the people’s hero subject thought of Marxist hero concept, deepened the connotation of hero subject, expanded the extension of hero subject, and made the concept of hero subject more universal and affinitive to the people, which creatively develop core concept of Marxist hero view. These discourses have also achieved the unity of dynamic pedigree and static pedigree of hero, showing that people’s hero is the core hero paradigm, which has achieved creative contribution to Marxism hero’s development notion. These discourses have illustrated the basic issue, the fundamental issue and value destination issue of hero view from the pattern of historical materialism, the vision of wide history field, especially the new era position height, forming a complete and inner connected scientific hero view system, which adopts people affinity as essential hero character. It makes a creative development of theoretical system of Marxism hero view. These discourses understand heroes in history, interpret history with hero’s history, unify the view of hero into the view of history, the view of country, the view of nation, the view of culture and the view of people, and open up a new realm of the view of great history and great heroes.

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