• Volume 28,Issue 3,2022 Table of Contents
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    • >区域开发
    • The realistic basis and path choice for the construction of ZhengLuoXi (JinShanYu) high-quality development cooperation zone in the New Era

      2022, 28(3):1-13. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.001 CSTR:

      Abstract (442) HTML (638) PDF 4.39 M (1455) Comment (0) Favorites

      Abstract:The construction of a high-quality regional economic pattern is not a simple superposition of several independent regional strategies, but requires efficient linkages between regional strategies. Taking cooperation among urban systems such as metropolitan areas and city agglomerations as breakthroughs can further magnify the spillover effect of major regional strategies, and promote the coordinated and integrated development of a wider range of spaces. In October 2021, the "Outline of the Plan for Ecological Protection and High-Quality Development in the Yellow River Basin" was officially issued, proposing to build the "Zheng(zhou)Luo(yang)Xi(an) High-quality Development Cooperation Belt". "ZhengLuoXi(JinShanYu) High-quality Development Cooperation Zone" analyzed in this paper is located in the Yellow River Basin, at the junction of Henan, Shaanxi, and Shanxi provinces, encompassing Zhengzhou Metropolitan Area, Luoyang Metropolitan Area, Xi'an Metropolitan Area and Yellow River Golden Triangle Demonstration Area, linking two national strategies of high-quality development in the central region and the Great Western Development, including the two key regional sections of the Zhongyuan Urban agglomeration and the Guanzhongpingyuan Urban agglomeration, are an important layout for linking major regional development strategies and improving China's high-quality regional economic structure in the new development stage. ZhengLuoXi has an area of 202,000 square kilometers, with a regional GDP of 5.82 trillion yuan in 2020 and a population of 90.79 million. ZhengLuoXi initially formed the spatial structure characteristics of "three cores and multiple fulcrums" and the overall network pattern of "main axis leading, network convection, and cross-grouping". As a key construction area under the national major regional strategy of the Yellow River Basin, ZhengLuoXi has a solid foundation for social and economic development, and its construction to become the "fifth growth pole" of China's high-quality development is full of unlimited potential. ZhengLuoXi has the natural foundation and comprehensive advantages of cooperative development due to the geographical proximity, personal affinity, cultural connection, resources similarity, and economic relatedness of brother cities. Its high-level construction is a response to the national strategy, a need for ecological protection, an inevitable tendency for regional linkage, a driving force for optimizing the overall spatial pattern of the country, and a historical trend for inheriting the culture and civilization of the Yellow River. The construction of ZhengLuoXi should abandon the simple "mixing" of several cities in the geographical sense, and instead pursue the deep "integration" in the sense of innovative cooperation, economic development, environmental protection, social connection, and cultural civilization. This article suggests that ZhengLuoXi should adhere to the strategic thinking of "high-quality development" and establish the core awareness of "high-efficiency cooperation", "high-level openness" and "high-quality life" should be promoted in concert to jointly cultivate it into a demonstration zone and leading zone for national regional coordinated development and high-quality cooperation. At the same time, we call on the ZhengLuoXi high-quality development cooperation belt to become the second largest national strategy in the Yellow River Basin, and coordinate with the overall strategy to protect the ecological environment, and to build a strong fulcrum for the high-quality development of the Yellow River Basin and an important growth pole for China's economic development.

    • A study on the dilemma and direction of flexible talent introduction in China's western region

      2022, 28(3):14-24. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.002 CSTR:

      Abstract (726) HTML (1159) PDF 1.68 M (1682) Comment (0) Favorites

      Abstract:Reinvigorating the country with talent is an important development strategy in the 14th Five-Year Plan period of China, which reflects China's high attention to talent, and is also China's high requirements for talent development. China has made it a basic requirement to gather talented people from all over the world and put them to good use. It has adopted a more active, open and effective talent policy, encouraged and guided the flow of talented people to remote areas, and created a new situation in the development of talented people. Talent introduction is an important link of talent development and an important way of talent gathering, which plays an important role in promoting the introduction of high-quality talents and the reasonable flow of talents in different regions. In terms of talent introduction policy, China encourages various ways to attract talents and tries to meet the diverse needs of talents, and gives various preferential treatment to the introduced talents to meet the needs of various regions. At present, regional competition in China is becoming increasingly fierce. In the final analysis, regional competition is the competition for talents. The momentum of "competition for talents" has never weakened. And at present the lack of talent is a common problem of lots of regions. As a relatively backward area in China's economy, the western region is far inferior to the eastern region in terms of human resources, and the disadvantage in rigid talent introduction is obvious. To make up for the insufficiency, the western region must speed up the transformation of talent introduction methods and take flexible talent introduction as an important means. In terms of the value appeal of flexible talent introduction, it is the successful experience of the developed countries to solve talent problems, it is the need of building a modern socialist country in an all-round way, and it is also the need of the overall development of the western region. The necessity of flexible talent introduction to western China is reflected in the following aspects:the economic and social development of western China needs a large number of high-quality professional talents, but the talent introduction is difficult and the agglomeration effect is poor; talent international competition, and regional competition are becoming more and more fierce, and it is more and more difficult for the western region to have sufficient talents; flexible introduction is the universal way to solve the talent problem at home and abroad, especially worth learning for the western area. It is found that the following problems exist in the flexible introduction of talents in western China:the basic conditions of flexible introduction of talents are weak; the inertia of rigid talent introduction is prominent, and the consciousness of flexible talent introduction is obviously insufficient; there is strong talent control at home and abroad, and small space for flexible introduction of talent; there are contradictions between "flexible new person" and "old person". Therefore, it is necessary to strengthen the research and practice in the following ways:first, to innovate the concept of talents and enhance the awareness of flexible talent introduction; second, to further optimize the policy of attracting talents and expand the space of attracting talents flexibly; third, to excavate western resources and enrich flexible ways to attract talents; fourth, to make use of the internet to create a new model of "internet plus" flexible introduction of intelligent talents; fifth, to seize the national strategic opportunities such as Chengdu-Chongqing economic circle and further create a good environment for attracting talents flexibly.

    • Research on the dynamic impact of digital inclusive finance on rural revitalization:Test based on system GMM and threshold effect

      2022, 28(3):25-38. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.003 CSTR:

      Abstract (1335) HTML (3610) PDF 2.02 M (2339) Comment (0) Favorites

      Abstract:At present, China has won an all-round victory in the battle against poverty, and the 14th five-year-plan has entered in full operation. Digital inclusive finance is facing new opportunities and challenges in catalyzing rural revitalization. In order to study the role and influence of digital inclusive finance on rural revitalization, this paper analyzes the mechanism of digital inclusive finance affecting rural revitalization from the theoretical perspective, and then conducts empirical research based on this. The entropy of TOPSIS method is used to measure the level of rural revitalization in 31 provinces (municipalities and autonomous regions) of Chinese mainland in 2011-2018. The measurement results show that the overall level of rural revitalization in China's provinces has improved slowly. In terms of the rural revitalization level in 2018, the central region is slightly higher than the western region, and the eastern region is significantly higher than the western region, indicating that the rural revitalization level in the western region is lower than that in the eastern and central regions, and there are significant regional differences in the rural revitalization levels in China, on the basis of which, the system GMM method is used to quantitatively explore the relationship between digital inclusive finance and regional rural revitalization level, and empirically analyze the impact of the development of digital inclusive finance on overall rural revitalization and its different dimensions. Furthermore, in order to verify whether there is a simple linear relationship between digital inclusive finance and rural revitalization, the threshold model is used to carry out empirical research. The paper finds that digital inclusive finance plays a positive role in promoting the level of rural revitalization in China, this performance is mainly achieved through the positive impact of digital inclusive finance on rural civilization, industrial prosperity, living in affluence and ecological livability; There is not a simple linear relationship between digital inclusive finance and the level of rural revitalization and development. The influence of the former on the latter has the characteristics of double thresholds. When the digital inclusive finance index is between the first threshold (2.9161) and the second threshold (5.7357), its role in promoting rural revitalization is the weakest. When the digital inclusive financial index crosses the second threshold, its role in promoting the level of rural revitalization is significantly enhanced. By 2018, digital inclusive finance in 8 provinces across the country has crossed the second threshold, including 6 eastern coastal provinces. It can be seen that there is a certain causal relationship between the unbalanced development of rural revitalization in various regions of China and the unbalanced development of digital inclusive finance. Based on the research results, this paper puts forward the following policy suggestions:first, the implementation of inclusive finance in various regions should be strengthened and the level of rural revitalization and development in various regions should be effectively improved; second, according to the development of digital inclusive financial index in various regions, different inclusive financial strategies should be implemented according to local environments in order to improve the digital inclusive financial index in various regions; third, the rural governance system should be improved and the corresponding system and mechanism should be constructed; last, an intelligent risk control system should be established, and an inclusive financial supervision mechanism be enhanced, thus effectively preventing the potential risks of rural digital inclusive finance.

    • Measurement and spatiotemporal differentiation of the level of high-quality development of rural finance

      2022, 28(3):39-51. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.004 CSTR:

      Abstract (392) HTML (730) PDF 2.03 M (1066) Comment (0) Favorites

      Abstract:Rural revitalisation is the sole path to national rejuvenation, and the rural economy is the key and complex factor of rural revitalisation. High-quality development of rural finance is the benign driver of rural economic development and revitalisation. This study defines the connotation of high-quality development of rural finance. As a product of "quantitative expansion" at a certain stage, rural finance should include the dual dimensions of "quantity" and "quality", and their symbiosis and coordination determine the realisation of system functions. Considering "quantitative expansion" and "qualitative improvement" as the framework, the study determines "coverage breadth", "coverage depth", "institutional sustainability" and "developmental sustainability" as sub-indicators to build an evaluation index system including 13 basic indices. This study adopts the entropy weight method to synthesise and measure indices of "expansion of quantity", "improvement of quality" and the overall index of "quantity-quality combination" from 2009 to 2018 to analyze the spatiotemporal differentiation characteristics of the level of high-quality development of rural finance. This study results reveal that in terms of spatial differentiation performance, the level of high-quality development of rural finance in China is generally increasing, and the improvement in the overall level in the Western region is more significant. Concurrently, there is a gradually decreasing difference between the observed values of "quantity expansion" and "quantity-quality combination", whereas the difference in the "quality improvement" index is slowly expanding. There is an evolutionary process of "negative correlation → positive correlation → low correlation" in the relationship between "quantity expansion" and "quality improvement", especially the gradually decreased synergy in recent years, indicating that "quality improvement" is not mainly constrained by "quantity expansion". In terms of differentiation performance of spatial dimensions, robust spatial differences exist in the levels of "quantity expansion" and "quantity-quality combination". The overall distribution characteristics are consistent with the national economic development level, forming a gradient differentiation pattern that increases layer-by-layer from west to east, with the Heihe-Tengchong Line as the main boundary. This differentiation pattern has neighbour diffusion, revealing a "westward" trend. The overall "quality improvement" in rural finance is still low. From 2015 to 2018, the level of "quality improvement" started showing a highly differential pattern. Provinces with higher levels of differentiation are distributed in different economic regions. This differentiation pattern has leap diffusion and shows a "northward" trend. Overall, "quantity expansion" and "quantity-quality combination" characterised by neighbour diffusion drive the local spatial agglomeration connection in spatial differentiation, whereas "qualitative improvement" characterised by leap diffusion in spatial differentiation promotes the local spatial dispersion connection. According to the study results, this study proposes the following findings:based on fiscal and tax policies, ensure the complete development of the rural financial market and promote financial organisations to disengage from the behaviour of "elite capture"; improve the availability of financial services in the field of "agriculture, rural areas and farmers" by reducing transaction costs, expanding service boundaries, improving the skills of financial institutions and increasing information transparency; and strengthen the capacity-building of businesses and development sustainability of rural financial institutions.

    • Research on the “Bottom-up” balanced effect of subsidiaries:Realization path, weakening factors and function boundary

      2022, 28(3):52-66. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.005 CSTR:

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      Abstract:How to restrain the tunneling behavior of major shareholders is a focal issue of both academic and practical concerns in corporate governance. The traditional principal-agent framework follows the one-way governance logic of "top-down" parent-subsidiary, ignoring the autonomy of subsidiaries and their "bottom-up" checks and balances, which makes it difficult to solve the problem of protecting the interests of subsidiaries and their minority shareholders fundamentally. Although the one-way governance paradigm has been questioned by scholars, the ways through which subsidiaries can provide checks and balances to the parent company need to be further explored. Based on the viewpoint of prospect theory, this paper uses balanced panel data of Chinese listed subsidiaries from 2012 to 2017, and uses multiple regression method to verify the influence of the heterogeneity of subsidiary executives on tunneling, and explains the realization path, weakening factors and the boundary of the "bottom-up" checks and balances of subsidiaries. The results show that subsidiary executives with strong ability can restrain tunneling significantly. On the one hand, executives with strong ability can bring more shared benefits to the major shareholders, limiting their access to private benefits of control rights. On the other hand, they can identify and supervise tunneling effectively, and then play a "bottom-up" check and balance role for the major shareholders. As situational variables with dual effects, the negative effects of CEO reputation and the CEO connectedness with parent company are more prominent in China, and both of them will weaken the check and balance of managerial ability on tunneling, that is, under the situation that the reputation level of subsidiary CEO is high and the CEO connectedness with parent company is strong, the inhibition effect of subsidiary managerial ability on tunneling is weak. In the expanded research, this paper compares the governance effects of managerial ability under different situational factors by grouping equity concentration and equity balance. The results show that in the samples with low equity concentration and high equity balance, the inhibition effect of subsidiary managerial ability on tunneling is significant, while in the samples with high equity concentration and low equity balance, that is, when major shareholders have more control rights and other shareholders have weak checks and balances on major shareholders, the inhibitory effect of managerial ability on tunneling is not significant, which further reveals the functional boundary of subsidiary managerial ability. After the robustness test and endogenous treatment such as instrumental variable method, grouping regression and substitution variable, the conclusion is still valid. This paper complements and enriches the research of managerial ability in the field of corporate governance, breaks through the traditional "top-down" one-way governance viewpoint, verifies the feasibility of the "bottom-up" check and balance mechanism of subsidiaries, and provides new ideas and empirical evidence for solving the second kind of agency problems characterized by the opportunism of major shareholders.

    • Executive compensation incentive and enterprise innovation:An empirical study based on Chinese listed companies

      2022, 28(3):67-81. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.006 CSTR:

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      Abstract:Innovation is an important driving force for economic growth. At the critical stage of the transition from "Made in China" to "Intelligent Manufacturing in China", enterprises must rely on innovation to strengthen their core competitiveness in order to obtain more profits. Executives are the key decision makers of an enterprise and have an important influence on the innovation activities of the enterprise. The article uses the panel data of 949 listed companies in China from 2010 to 2017. First, the panel fixed effects model and the panel negative binomial regression model are used to empirically test the impact of executive compensation incentives on corporate R&D investment and R&D output. The results show that the three modes of executive compensation incentives, namely monetary compensation, equity and on-the-job consumption incentives, have significantly promoted corporate innovation activities. Secondly, this article also explores the heterogeneous impact of executive compensation incentives on corporate innovation activities. On the one hand, the sample enterprises are divided into subsample groups of state-owned and non-state-owned enterprises according to the nature of their ownership. We find that compared with state-owned enterprises, executive compensation incentives significantly promote the innovative activities of non-state-owned enterprises. On the other hand, the sample enterprises are divided into high-tech enterprises and non-high-tech enterprise subsample groups according to their industry categories. We find that the equity incentive model significantly increased the R&D investment of high-tech enterprises and the R&D output of non-high-tech enterprises. In order to test the reliability of the above empirical results, this paper also uses the measurement method of replacing the R&D investment and R&D output indicators of enterprises to conduct a robustness test. The results show that the significant positive correlation between executive compensation incentives and enterprise R&D innovation is still stable. Considering the factors such as the degree of risk aversion and personal ability of the executives will not only affect the level of executive compensation, but also affect the decision-making of the executives on corporate innovation. This paper takes the policy event of "2014 central enterprise compensation reform" as the midpoint of time, constructs a quasi-natural experiment, and uses a double difference model to empirically test the impact of the exogenous policy impact of the 2014 central enterprise compensation system reform on corporate innovation. The results show that the executive compensation control policy has significantly reduced the R&D investment of state-owned enterprises, but the impact on its R&D output is not significant. Therefore, this article puts forward the following policy recommendations:First, to stimulate the enthusiasm of enterprise executives for active innovation, we should design executive compensation incentive contracts that combine explicit and implicit incentives, and appropriately introduce non-short-term accounting performance indicators in the management evaluation plan. Second, to encourage innovative behaviors of enterprises, we should improve the compensation incentive mechanism for state-owned enterprise executives by means of "unification of the two powers" and long-term equity incentives. Third, the application of on-the-job consumption incentives in high-tech enterprises can be appropriately improved, supplemented by auditing supervision and control so as to avoid the occurrence of executive opportunistic behavior.

    • Research on multiple large shareholders and cash dividends distribution

      2022, 28(3):82-96. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.007 CSTR:

      Abstract (301) HTML (597) PDF 1.74 M (1155) Comment (0) Favorites

      Abstract:Corporate cash dividend is a controversial issue in corporate finance, which has always been the focus of financial scholars. In view of the fact that there are multiple major shareholders in Chinese companies and the fact that the company pays low and discontinuous cash dividends, based on the systematic analysis of the enterprise growth cycle, the industry in which the enterprise is located, the needs of investors and the influence of controlling shareholders on the enterprise's cash dividend distribution decision, this paper studies multiple major shareholders and cash dividends in the same framework, theoretically analyzes and empirically tests that multiple major shareholders affect the distribution of cash dividends by affecting the first type of agency problem and the second type of agency problem. Based on the perspective of whether the company has multiple major shareholders and the relationship between multiple major shareholders acting in concert, this paper takes the listed companies in Shanghai and Shenzhen stock markets from 2008 to 2017 as a sample, and uses stata15.0 to conduct fixed effect regression to empirically test the impact of multiple major shareholders on the company's cash dividend distribution decision. The empirical results show that there is a significant positive correlation between multiple major shareholders and cash dividends, that is, enterprises with multiple major shareholders are more inclined to pay cash dividends. Considering the possible measurement errors of independent variables and dependent variables, as well as the impact of endogenous problems such as two-way causality and missing variables between cash dividends and multiple major shareholders, the possible endogenous problems are reduced by changing the measurement methods of independent variables and dependent variables, using propensity score matching method, Heckman two-stage model and DID. The empirical results are still valid. Further considering the heterogeneity factors such as the company's legal environment, the company's holding reality, the nature of the company's ownership and the level of senior executives' shareholding, it is found that when the external environment of the enterprise is a fast marketization process or a good legal environment, there is a significant positive correlation between multiple major shareholders and cash dividends, that is, multiple major shareholders will promote the distribution of cash dividends; In relative holding enterprises, decentralized enterprises, private holding enterprises and enterprises with high executive shareholding level, multiple major shareholders also have a significant positive correlation with cash dividends, which can also promote enterprises to distribute cash dividends. The research of this paper not only enriches the research on the influencing factors of cash dividends, but also enriches the research on the decision-making mechanism of shareholders, and provides inspiration for enterprises to improve the relationship between enterprises and investors from the perspective of ownership structure.

    • >社科研究与评价
    • Connotation Factors of Youth's Heroic View in the New Era:An Empirical Study in the Context of the New Journey

      2022, 28(3):97-113. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.008 CSTR:

      Abstract (380) HTML (990) PDF 1.77 M (1243) Comment (0) Favorites

      Abstract:The new era has witnessed a new historical height of heroic value and heroic culture as a hot topic. However, the boundary connotation remains unclear in the research and description. The academic system of heroic research is insufficient in the vertical history, horizontal structure and cross integration, and the discourse system is inadequate in empirical research, basic research and quantitative research. The basic work for further compiling heroic can be provided by further clarifying heroic connotation, conducting quantitative research on heroic factors and deeply discriminating connotation factors of heroic concepts. A quantitative and empirical research on heroes is conducted from four aspects through questionnaires and structured interviews with respective findings as follows. Firstly, in terms of the cognition and factor analysis of heroic types, anti-epidemic heroes, national heroes, revolutionary heroes, ordinary heroes and combat heroes rank among the top five and the cognition of hero types is characterized by the orientation of reality, nationality, revolution and people. Secondly, in terms of the cognition and factor analysis of heroic quality, open-ended association reveals that courage, dedication, patriotism, openness and optimism are at the forefront. The constant quality of revolutionary heroism is inherited and the new quality of keeping pace with the times is manifested in the heroic quality in the new era. Thirdly, in terms of the cognition and factor analysis of heroic narrative, different types of cases reveal that heroic positivity is mounting while negativity is lessening and transforming. The proportion of onlookers is not low, who remain neutral towards certain issues. There is still a long way to go to strengthen heroism education and the effect of education. Fourthly, in terms of the cognition and factor analysis of heroic diffusion, great changes have taken place in the diffusion and influencing channels of heroic culture, with the rise of media influence, the enhancement of independent concept and the reduction of school influence.Four conclusions are drawn by empirical research:Firstly, the types of heroes keep pace with the times, with ordinary heroes becoming the mainstream; Secondly, the heroic quality remains the original intention, with bravery and dedication becoming the theme; Thirdly, the heroic narrative highlights right and wrong, with China stories moving China; Fourthly, heroes spread independent cognition, with social joint force strengthening the effect. Four suggestions are accordingly put forward on further study:Firstly, strengthen the study of hero history to highlight the righteous power of heroes; Secondly, strengthen the study of hero ontology to build a hero factor system; Thirdly, strengthen heroic narrative study to present moving heroic stories; Fourthly, strengthen heroic diffusion research and continue the heroic tradition.

    • The academic construction of heroic culture research in the new era:A statistical analysis based on the papers of CSSCI journals

      2022, 28(3):114-127. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.009 CSTR:

      Abstract (591) HTML (1956) PDF 1.94 M (1396) Comment (0) Favorites

      Abstract:China's heroic culture has a long history, but the study of heroic culture started very late, and does not match the rich resources of heroic culture. Since the beginning of the 21st century, heroic narratives have made a splash in the field of popular culture, and the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to the heroic culture since the 18th National Congress, triggering a keen interest in heroic culture in academia. Based on CSSCI journal papers, this paper makes a statistical analysis of the time distribution, main topics and highly cited papers of the valid papers, and it can be learned that:firstly, the quantity of research paper of heroic culture maintains a steady growth trend in the new era. In terms of time, 2013-2017 focused on the elaboration of heroic culture and heroic image in literary and art works, while after 2018, the heroic culture of the Communist Party of China (CPC), the heroic culture of the new era, the heroic theory and the system have become the hotspot for the research. Secondly, there are four main topics in this field:first, the ontological exploration of heroes and their conceptual clusters, the interpretation of the concepts of "hero", "hero culture", "heroism", "hero spirit", "hero image", "hero narration", etc., is gradually improving. Second, the study of the heroic culture of the CPC, including its formation logic, development process, own characteristics and other holistic studies, the study of labourer heroes during the war period and people's heroes in the new era, as well as the targeted studies of the heroic outlook of major leaders. The third is the analysis of the heroic writing in literary and art works. The images of anti-epidemic heroes and superheroes reflect the new development and connotation of hero in the context of the new era, and the characteristics of "peoplehood", "individuality", "loftiness" and "everydayness" of heroic writing are emphasized. The fourth is the discussion of history and current heroes as a whole or individual heroes. Thirdly, according to the most highly cited papers in this field, studies of ideological and political education, historical culture, law, film and literature, and sociology are the most popular. Generally speaking, the research on heroic culture in the new era is still at the initial stage. We should grasp the theme of the times, gather research power, and respond to the concerns of the times with a problem-oriented approach, and consciously merge the research into the torrent of the times and highlight practical value. At the same time, it should highlight contemporary orientation of ordinary heroes in the construction of multi-hero images, and strive to explore its own characteristics from the inheritance of excellent traditional cultural resources and revolutionary heroic culture, and the creation of cultural industries, so as to build a research system of heroic culture in the new era that tells China's stories and presents China's images.

    • Leadership and employee knowledge hiding:The mediating role of psychological safety and the moderating role of motivational climate

      2022, 28(3):128-141. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.010 CSTR:

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      Abstract:Knowledge hiding behavior inhibits innovation and cooperation therefore it is important to explore the inducement of knowledge hiding behavior for enterprise team climate and value realization. Based on social exchange theory this study explores the effects of different leadership on employees?? knowledge hiding and the internal influence mechanism including analyzing the relationship between humble leadership and abusive leadership and employees?? knowledge hiding exploring whether employees?? psychological security plays an intermediary role and whether the relationship between psychological security and knowledge hiding is influenced by different types of team motivation climate. Data are collected from 820 employees in 6 technology companies in the Yangtze River Delta region and the result of data processing is displayed by using the hierarchical regression model. Results show that different styles of leadership affect knowledge hiding and psychological security plays an important intermediary role. In particular humble leadership have negative influence on knowledge hiding through psychological security and abusive leadership have positive influence on knowledge hiding through psychological security. The motivational climate plays a moderating role. Specifically performance climate positively moderates the relationship between psychological safety and knowledge hiding and control climate negatively moderate the relationship between psychological security and knowledge hiding. This study enriches the theories of leadership and organizational behavior management and provides a clear solution for the management of knowledge hiding behavior. From the perspective of leadership this study deepens the understanding of the motivation of employees?? knowledge hiding and constructs the boundary conditions for the relationship between psychological security and knowledge hiding. In order to restrain knowledge hiding enterprise leaders need to show more humility be open to the views of employees and be willing to accept and listen to the opinions of others cultivate employees?? sense of psychological security so that employees can sharing knowledge without scruples create a team atmosphere through encouraging competition and to improve the team?? s performance atmosphere. In the future multivariate sources and diversified scenarios will be further used for verification and the relevant research conclusions will be extended from Chinese science and technology enterprises to other research situations so as to improve the external effectiveness of the research conclusions

    • Exploring a national innovation system of innovation driven standardization in the manufacturing industry of China:A study based on international comparison

      2022, 28(3):142-154. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.011 CSTR:

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      Abstract:In the increasingly fierce international competition, the lack of a comprehensive understanding on national innovation system of standardization has restricted China's transformation from a large manufacturing country to a strong manufacturing country. On the basis of systematically combing the related documents of the manufacturing standardization innovation system of the United States, Germany, Japan and other countries with higher technological level, the article compares the five aspects of the innovation system:main institutions, main factors, synergy, protective mechanism and path. The main institutions mainly include governments, enterprises, educational institutions, intermediary platforms and standardization organizations; main factors focus on knowledge, talents, capital and infrastructure; synergy mainly analyzes and compares the linkage of various institutions and factors in the innovation system; the protection mechanism mainly discusses intellectual property rights and patent systems; the path emphasizes the path-dependent characteristics of the innovation systems of standardization of various countries, which cannot be copied, but can be used for reference to foster the advantages and strengths of the system. Through the literature analysis and comparison of these five aspects, prescriptive research method is adopted to originally explore the model of national innovation system of innovation-driven standardization in China. The model indicates four levels:the core, the micro, the middle, and the macro level. At the core level, it is important to accurately grasp the standardization and innovation collaboration of "knowledge-technology-patent-standard" path, in which knowledge is generated, absorbed, transferred, diffused, and integrated to new knowledge. At the micro level, it is necessary to strictly require standardization as the primary goal based on the link of "enterprise-education & training institution-scientific research institution-domestic standardization organization". The micro level plays a role in the generation, learning, research and development of standardization from the "point" level. At the middle level, it is necessary to actively promote the collaborative cooperation of "industry alliance-financial institution-intermediary agency-industry association". The meso level serves the integration of resources of standardization from the "line" level. At the macro level, it is necessary to focus on strengthening the "government-ISO" international exchanges and interactions, promoting the compatibility of Chinese standards and international standards from the "surface" level. Finally, for building a national innovation system for innovation-driven standardization of manufacturing enterprises, the article provides policy suggestions on six aspects including "government and market", "opening up", "platform building", "innovation effect", "standard internationalization" and "training mechanism".

    • Cultivating socialist core values needs visual thinking

      2022, 28(3):155-166. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.012 CSTR:

      Abstract (359) HTML (694) PDF 1.73 M (1024) Comment (0) Favorites

      Abstract:Core socialist values are the concentrated embodiment of contemporary Chinese spirit and the high generalization and highest abstraction of the essence of socialist values, but this does not mean that the cultivation of core socialist values should separate rationality and sensibility, and treat its cultivation with pure concept or metaphysical thinking. Cultivating core socialist values should consider people's subjective identity, including concrete cognition, emotional identity and rational thinking. Visual thinking takes visual image as the medium, and is the creative thinking of the intersection and integration of sensibility and rationality. It is an important way of thinking for cultivating core socialist values. It provides a continuous exploration process of the integration of sensibility and rationality for cultivating core socialist values, and there is a high degree of coincidence between the two. The exploratory nature of direct perception of visual thinking can directly understand the fact behind the abstraction of core values. It is people's direct perception and exploration of the facts related to core socialist values, reducing the thinking process of understanding abstract concepts. Visual thinking gives full play to the creativity of imagination, which can deepen the emotion of the identification of core values, enable people to continuously construct and produce visual images related to core socialist values in their minds based on existing experience and knowledge, and trigger emotional resonance and ideological perception. Visual thinking awakens the reality of "unconscious experience", which can sublimate the consciousness of practicing core values, break through the obstacles between people's original unconscious experience and consciousness, and form realistic perception and practical knowledge that can be used in the process of practice. These provide a basis for in-depth discussion of the role and mechanism of visual thinking in cultivating core socialist values, and help social members to effectively understand and deeply identify with core socialist values. The operation mechanism of visual thinking in cultivating core socialist values is embodied in observation (image selection and cognitive identity of core socialist values), imagination (image reconstruction and emotional identity of core socialist values) and construction (image sublimation and behavior identification of core socialist values). These three levels are a continuous, unified and cross integration process, which is manifested in that the selection of visual images of core socialist values provides materials for reconstruction, while reconstruction guides and filters the cognition obtained by selection; the reconstruction of visual images provides power for sublimation, and sublimation expresses reconstruction, encourages and corrects the selection and reconstruction of visual images. The three-dimensional path of giving full play to the role of visual thinking in cultivating core socialist values is also reflected in activating the visual symbols of core socialist values, realizing the generation of "image" from "word", accumulating the visual schema of core socialist values, realizing the generation of "meaning" from "image", activating the visual image of core socialist values, and realizing the generation of "action" from "meaning".

    • >人文论坛
    • National righteousness:A study on the construction of public granary in Yunnan- Guizhou region in the Qing Dynasty from the perspective of borderland governance

      2022, 28(3):167-178. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.013 CSTR:

      Abstract (300) HTML (535) PDF 1.68 M (1309) Comment (0) Favorites

      Abstract:The Qing Dynasty inherited and developed the traditional Chinese unified multi-ethnic state. The development and improvement of the Changping granary, social granary and the public granary enabled the Qing Dynasty to establish a social governance mechanism integrating warehousing and famine policy in each province, and in the disaster relief practice, the social governance capacity and level of the frontier ethnic areas were enhanced. Food reserves and disaster relief are related to national security and border social stability. Overall administrative capacity and social governance of national governance in the Qing Dynasty to a large extent met the needs of grassroots social governance in Yunnan-Guizhou region, and the public granary as a public governance system of multi-collaborative participation, its mainland development strengthened the Qing government's absorption of natural resources and reconstruction of social governance pattern in the southwest border.As the granary set up by the Qing government in various places in response to disasters and famine years, the public granary is essentially a kind of storage type and grain storage system for famine relief and poverty relief with the participation of civil society forces and the nature of independent management. The Qing government realized the deep intervention in the governance of the southwest frontier to a great extent through the construction and relief of the public granary.In the Qing Dynasty, public granaries inYunnan-Guizhou region were mostly set up in cities and towns, and some were built in ethnic minority villages. The granary was mainly donated by local officials, gentry and the public voluntarily, and provided protection for victims of disasters through gratuitous relief in famine years. The operation and management of public granaries in the Yunnan-Guizhou region and the adjustment and integration of disaster relief functions were important aspects of state governance and grassroots governance in the process of inlandization of the southwest frontier region, providing a path dependence for the Qing government to strengthen social governance of the southwest frontier. In the Qing Dynasty, in the process of transition of Yunnan-Guizhou region from the border of China to the frontier of ethnic groups, the mainstream of inlandization became the main driving force for the coordinated development of state governance and social governance in the southwestern frontier region. The construction of public granaries, as an important way for the Qing Dynasty to strengthen the national identity of the lower-level society in the southwestern frontier ethnic areas, is a "metaphor" of "the presence of the state". From the perspective of frontier view and frontier governance, this paper analyzes the construction of the public granary system in the Yunnan-Guizhou region in the Qing Dynasty and its role in food security and famine preparedness and disaster relief capability construction in the southwestern frontier region, to further explore the rich connotation of state governance, frontier governance and grassroots society governance system in the Qing Dynasty. The construction of public granaries in Yunnan-Guizhou area is the embodiment and practice of the traditional thinking of emphasizing agriculture and grain, and it is an important strategy for the Qing Dynasty to strengthen the governance of the southwest frontier. With the standardization and systematization of the ruling order of the Qing government in the southwest frontier area, the construction of public granaries improved the collaborative governance ability of grassroots society in Yunnan-Guizhou area in the process of famine relief and inlandization of the southwest frontier.

    • “Letter from the West” and America's nation-building:A study of Samuel Bowles's Our New West

      2022, 28(3):179-192. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.014 CSTR:

      Abstract (316) HTML (480) PDF 1.81 M (968) Comment (0) Favorites

      Abstract:After the Civil War, travel letters about western sketch emerged in major newspapers. Journalists, intellectuals and politicians participated in national reconstruction and cultural reshaping through the discourse of landscape, "letters from the West" served as a cultural vehicle of American identity in this sense. As a journalist for The Republican, Samuel Bowles joined two trips to the West hosted by federal officials in 1865 and 1868, his travel letters based on these trips were representative of the time and then collected into Our New West. Among them, the accounts of the Pacific Railroad, the Great Plains and Indian tribes provide an entry point for war-torn Americans to revisit and reimagine the Republic. First, Bowles takes the Pacific Railroad as a civilized bond to unite the states, and through the "fracture" consciousness of history triggered by "railway modernity", he urges people to forget the past and look forward to the future. And then he presupposes a "unified imperial landscape" under American Manifest Destiny, aiming to pave a way for the new national identity. Second, the author's the image of the Great Plains changes from "great desert" to "great pasture", and the myth of "wilderness turned into a garden" helps to arouse American's desire to conquer the "last frontier" and thus the entire continent. The indivisibility of the Union is reaffirmed both in geographic space and cultural symbolism. Finally, the migrations and wanderings of Indian tribes in the West are treated as a particular cultural landscape to support the white supremacy and emphasize that Anglo-Americans naturally have sovereignty over the land of America. The racial hatred stirred by the exaggerated Indo-White conflict in the text, weakens the historical memory of the North-South divide on the one hand, and defines the national self while imagining the "savage other" on the other hand.The West is portrayed as a site of reconciliation between North and South, the epitome of a"continental empire", and the God-given "Promised Land" for the Puritans. In this way, the author builds a national vision, national identity and cultural community focusing on "reunion". But such a "New West" conveys the intellectual order established by the conquerors (white settlers) and the victors (the Union or the North), the resulting nationalist discourse in the press appears to integrate conflicting localism and stimulate an identical Americanness, but in fact cannot heal the division. At the same time, the view of capitalist progress, hypothesis of land development and the hierarchy of civilizations that it promotes exacerbated social unrest during the era of reconstruction, revealing the inherent contradictions and the origins of secession crisis in America's nation-building.

    • A comparative study of Chinese and Western war traditions and war concepts

      2022, 28(3):193-206. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.015 CSTR:

      Abstract (378) HTML (1684) PDF 1.72 M (1574) Comment (0) Favorites

      Abstract:Exploring the similarities and differences between Chinese and Western war traditions and the concepts of war from multiple factors such as human nature, living environment, social politics, economic resources and religious beliefs, it can be found that based on human nature, that is, driven by male hormones, ancient Chinese myths and ancient Greek war myths both praise the beauty of life, courage and strength. From the perspective of the living environment of man, the Chinese ancestors who multiplied and developed from the Yellow River Basin, have been content with farming life since ancient times, seeking stability and security without fighting, creating a military tradition based on defensiveness, while the vastness of the grasslands, the sinister and ruthless of the forests, and the vastness of the ocean have created the law of the jungle advocated by many European nations, giving them a strong desire to expand outward. In terms of politics, Chinese ancestors assimilated the surrounding ethnic minorities with the precocious political system and advanced culture of the Han nationality in the war of national integration, instead of actively launching the war of invading foreign nationalities, while the political territory of Europe has changed dramatically. Its more than 3000 years of war history is not only a history of the law of the jungle and the struggle for hegemony, but also a history of cultural integration and promotion of civilization development. From the perspective of religious belief, China has been a unified society under the autocratic rule of feudal emperors in all dynasties, with the separation of politics and religion, and religion cannot intervene in politics. Therefore, there has been no large-scale religious war in Chinese history, while the religious forces in Europe are very strong, and they can even launch war through the national power, the Nine Crusades launched by the Roman Catholic Church which lasted for two hundred years highlighted the great influence of religion on European politics. In the view of war philosophy, the Confucian view of war represented by Confucius and Mencius in China takes a cautious attitude towards war, pays attention to war morality and ethics, considers that there should be a right reason for waging a war which also must follow certain rules, and takes "subduing the enemy without war" as the highest state of war. The Western war thought is relatively complex. The early Christian war thought tends to be "cautious about war". The bellicose thought gradually rises in the late Middle Ages. The idea of solving national disputes by war prevailed in the 18th and 19th centuries. It was not until the second half of the 20th century that the anti-war thought gradually gained a market. The differences between Chinese and Western war views are reflected in two different development paths of advocating virtue and force in war aesthetics, and have a profound impact on the creation of Chinese and Western war literature. Putting morality first, emphasizing faith and righteousness, and paying attention to human ethics have created the aesthetic characteristics of advocating moral heroes in Chinese war literature, meanwhile, the martial spirit which is not constrained by ethics and morality has continuously strengthened the irrationality of Western war literature until the outbreak of World Wars I and II which caused great disasters for mankind. After the wars, the West began to reflect on the war beyond the utilitarian level, setting off a creative upsurge of humanitarian anti-war literature.

    • >法学研究
    • Triple dilemma and solutions for the application of big data evidence

      2022, 28(3):207-218. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.016 CSTR:

      Abstract (311) HTML (529) PDF 1.70 M (1105) Comment (0) Favorites

      Abstract:Big data evidence is the evidence used in the trial to screen, summarize, refine, and form a conclusion on the massive data. Big data evidence is different from evidence analyzed or collected by big data technology. The latter does not pose a significant challenge to the traditional evidence rules, while the former leads to the maladjustment between big data evidence and traditional evidence rules, which leads to the triple dilemma of using big data evidence in court. The first dilemma is the inadaptability between the types of big data evidence and the types of legal evidence, which should be solved gradually through the three-step strategy in different periods. In the first stage, big data evidence should be regarded as an expert opinion. In the second stage, big data evidence should be regarded as an independent type of evidence. In the third stage, the practice of taking the type of evidence as the threshold of evidence review should be abandoned. The second dilemma is the relevance dilemma caused by reliability, which is due to the black box operation of big data and the complexity of big data technology. The simplest and direct solution is to disclose the historical accuracy of the algorithm. Among them, the main body of publishing the historical accuracy of the algorithm should be the algorithm developer (or improver), because an integral part of developing big data algorithm is to calculate (improve) the accuracy of the algorithm in progress. At the same time, in order to ensure the credibility of the historical accuracy published by algorithm developers (or improvers), government departments should also take the lead and rely on industry self-discipline organizations with corresponding professional talents, technical support and supervision ability to supervise the algorithm. In addition, if necessary, appraisers and expert assistants should be sought to explain, so that ordinary people can understand the relevance based on "data experience", so as to further judge the reliability of big data evidence. The third dilemma is the admissibility dilemma caused by the invasion of privacy and the influence of "evidence bias". This dilemma should be solved by constructing the integrated regulation path of "principle + system + technology". From the perspective of principle, the application principles of big data evidence include the principle of limited use of data, the principle of "weak consent" of data subjects and the principle of data screening. From the perspective of system, on the one hand, a big data technology risk assessment system should be built to assess the risk level of the application of big data technology. On the other hand, the review mechanism for the application of big data technology should be introduced, including the review of big data regulators and the review of judicial organs. From a technical point of view, the privacy protection mechanism through more advanced technologies such as "data desensitization" should be tried. In addition, the resolution of the third dilemma of big data evidence also needs the enhancement of adversary of litigation by improving the evidence discovery system and other methods.

    • Research on discretion regulation in personal information breach notification system

      2022, 28(3):219-229. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.017 CSTR:

      Abstract (321) HTML (375) PDF 1.68 M (1015) Comment (0) Favorites

      Abstract:Article 57 of Personal Information Protection Law of the People's Republic of China established the personal information breach notification system for the first time, which stipulates the obligation of personal information processor to perform notifications to relevant departments and individuals after the leakage of information. The leakage of personal information often brings continuous and derivative harm to the subject of personal information, involving personal and property safety as well as mental damage, so timely and effective breach notification can better protect the rights and interests of personal information. In relation to the obligation to breach notification, the processor is given a certain amount of discretion, i.e., if measures can effectively avoid the relevant harm, the individual may not be notified. Correspondingly, there are two main challenges to this discretion:first, it undermines the effectiveness of the reputational sanctions triggered by the breach notification, as companies, anticipating the potential huge commercial risks and social responsibilities, often choose to "digest" the breach events that has already occurred internally, undermining the operational mechanism of reputational sanctions; second, the information asymmetry between the personal information processor and administrative authorities, and the "regulatory capture" based on explicit regulatory indicators lead companies to meet regulatory requirements in the easiest way to achieve legal appearance and reduce compliance costs. Discussions on how to regulate the discretionary scope of the system and how to build a coordination mechanism between regulators and business organizations have not stopped. Properly regulating the discretionary space is the key to the effective operation of the breach notification system. The paper analyzes the system of corporate reputation sanctions, its justification basis and discretionary trigger conditions based on the theoretical framework of third-party obligations in administrative law by drawing on the remarkable legislative policies of breach notification systems in Europe and the United States in respect of triggering criteria and threshold distribution. At the same time, from the perspective of "structured discretion" proposed by Davis, it is proposed that the breach notification system in China should be refined and improved by focusing on the normal supervision of discretion and continuous intervention in the review of processors' discretion; adopting a two-tier approach in the breach notification system, i.e., in principle, information leakage should be immediately notified to the regulator, and a higher trigger threshold should be set for the notification of personal information subjects; the explicit regulatory indicators should be weakened in terms of synergy, and the main responsible department should collaborate with other relevant ones to review the discretionary decision after receiving it, so as to weaken the concept of explicit regulatory indicators; in terms of the effectiveness of the breach notification, the specific content design of the notification and the way of sending the notification should be strengthened and the scope of the content that can be included in the breach notification should be strictly regulated ensuring any commercial promotion that jeopardizes the readability of the notice is prohibited.

    • Ethical risk and legal regulation of algorithm recommendation newsfrom the perspective of technological uncertainty

      2022, 28(3):230-241. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.018 CSTR:

      Abstract (359) HTML (1069) PDF 1.71 M (1125) Comment (0) Favorites

      Abstract:The rapid iteration of information technology, such as big data, artificial intelligence and algorithm recommendation technology, has promoted the digital transformation of traditional society, and traditional journalism is also carrying out digital transformation and upgrading. In this context, as the overload of news information continues to intensify, algorithm recommendation news derived from big data has risen rapidly. Algorithm trust, data dominance, and the digitization of news media objectively lay the foundation for the application and development of algorithm recommendation news. Undoubtedly, algorithm recommendation news is of great significance for realizing the accurate distribution of news and enhancing the stickiness of news audiences. Intelligent, instantaneous algorithm recommendation news has the advantages of accuracy, efficiency, and individualization, but at the same time, as a complex and uncertain technology, algorithm brings multi-level, multi-link, multi-field risk challenges and institutional constraints. Algorithm recommendation news has also caused various ethical risks such as "algorithm black box" "algorithm deviation" "technical hegemony""responsibility gap" and "information leakage". At present, the academic circles are obviously insufficient in research and judgment on whether the algorithm recommendation technology itself is really mature, and on the ethical crisis that may be caused by algorithm recommendation news. In this regard, the three dimensions of the theory of technological uncertainty, including technological uncertainty, technological cognitive uncertainty, and technological institutional uncertainty, can provide an appropriate analysis framework for the ethical risks of algorithm recommendation news. From this framework, the root causes of the ethical risk of algorithm recommendation news can be clarified, which can be summarized as mathwashing and main body dispel in the dimension of technological uncertainty, the lack of ability and bottom line loss in the dimension of technological cognitive uncertainty, and the imperfection of legal norms and ethical system in the dimension of technological institutional uncertainty. Specifically, as an emerging technology, the existing ethical forms and legal norms are gradually unable to effectively regulate the ethical risk of algorithm recommendation news, and it is urgent to establish a professional and institutionalized regulatory system of ethical risk of algorithm recommendation news. What kind of principles should be followed in the legal regulation of ethical risk of algorithm recommendation news is the prerequisite and directional issue for the construction of the regulatory path. The analysis believes that the legal regulation of the ethical risk of algorithm recommendation news under technological uncertainty needs to adhere to the principle of news transparency, value neutrality, and rule of law with virtue. Of course, with the continuous evolution of algorithm recommendation technology, cloud computing and other emerging technologies, news transparency principle also need to keep pace with the times and effectively regulate the emerging ethical risks of algorithm recommendation news. News practitioners and algorithm recommended news distribution platforms must adhere to the principle of value neutrality to strengthen the subjectivity of "people" in algorithm recommendation news. And under the guidance of the principle of rule of law with virtue, the legal regulation paradigm of algorithm recommendation news ethical risk should be clarified. Proceeding from the above principles, the legal regulation of algorithm recommendation news ethical risks should target at different types of ethical risks, that is, to strengthen the protection of algorithm disclosure and algorithm interpretation rights, data rights, etc., in the dimension of technological uncertainty, to promote the cultivation of computational thinking and ethical constraints of news practitioners in the dimension of technological cognition uncertainty, and to adopt regulatory measures such as ethical structuring and legal accountability in the dimension of technological institutional uncertainty.

    • Denial of corporate personality:Trial logic, inspection and guidance

      2022, 28(3):242-253. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.019 CSTR:

      Abstract (391) HTML (718) PDF 1.70 M (1128) Comment (0) Favorites

      Abstract:The independent personality of legal persons and the denial of corporate personality are the cornerstones of modern corporate liability system. The denial of corporate personality is the amendment and remedy for the limited liability of shareholders. In order to realize their claims, creditors often consider maximizing the subject that can be claimed, and the company's shareholders and even related subjects enter their field of vision. Article 20 of the Company Law stipulates that shareholders bear joint and several liability for the company's debts under certain conditions, which has become the legal basis for creditors to require shareholders and/or related parties to assume repayment liabilities, and has also become the main point of shareholders or related parties' defense. Analyzing the Supreme People's Court's judgments on corporate personality denial, cases with mixed personality, significant lack of capital, excessive dominance and control account for the highest proportion, which is partially in line with the specific provisions of the Minutes of the National Courts' Civil and Commercial Trial Work Conference. The Supreme People's Court Guiding Case No.15 also provides a reference value for similar cases for the determination of personality denial between affiliated companies. However, regardless of the Supreme People's Court Guiding Case No.15 or the Minutes of the National Courts' Civil and Commercial Trial Work Conference, the problems in judicial practice cannot be fully resolved. Therefore, it is urgent to conduct in-depth research on the application of corporate personality denial theoretically, so as to promote the improvement of the corporate personality denial system. Returning to the basic legal principle of corporate liability system, the core of corporate personality denial is the legal game and public-private struggle between the limited liability of shareholders and the protection of creditors' interests, and the balance of legal interests between the limited liability of corporate shareholders and the abuse of shareholders' rights. The purpose of corporate personality denial is not to eliminate corporate independence, but to exclude shareholders who abuse their rights from the protection of limited liability of shareholders, and to regard them as the same subject of responsibility as the company and bear joint and several liability to the company's creditors. As to considering factors for the improvement of the system, abuse of rights should be used to characterize the legitimacy of corporate personality denial. Not only in "forward piercing", but also in "reverse piercing" and "correlated piercing", abuse of rights can provide legitimacy for judgement of the court. The mutual gain of abstraction and formalization of abuse of rights can break the limitation of statutory provisions and the relief dilemma of various forms of abuse, and make personality denial leap from legislation to judiciary. Judicial reviewing the causal relationship between shareholders' abuse of rights and damage to the interests of creditors, and granting creditors the choice of law application of corporate personality denial and damage compensation, are in line with legal principles and can avoid the abuse of creditors' rights. Judicial judgments should expand the interpretation of abuse of shareholders' rights and introduce an interest balance mechanism to measure legal interests, and seek a balance between the limited liability of shareholders and the protection of creditors' interests.

    • The dislocation and reform of the regulatory mode of hostile takeover

      2022, 28(3):254-268. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.020 CSTR:

      Abstract (341) HTML (868) PDF 1.76 M (1063) Comment (0) Favorites

      Abstract:Currently, the repressive regulatory mode of hostile takeover in China-"supervised by the Securities Regulatory Commission, supplemented by judicial intervention" shows failure, which is specifically characterized by the passive and hasty supervision of administrative organs and the weak response of judicial organs. The reason is the structural dislocation of the regulation mode of hostile takeover in China. The legal regulation mode can be deconstructed into three types:the repressive regulatory mode, the autonomy regulatory mode and the responsive regulatory mode. Among them, the responsive regulatory mode ought to be the mode of legal regulation of hostile takeover. This is because hostile takeover has natural uncertainty and complexity, while flexible and timely responsive legislation, reform and abolition rules or judges' innovative judgment can respond to the demands of hostile takeover. Therefore, the regulation mode of hostile takeover in China should transform from the repressive regulatory mode to the responsive regulatory mode. From the perspective of comparative law, the responsive regulatory mode presents two types:judicial regulatory mode and self-regulatory mode, and the latter can be divided into two types:complete self-regulatory mode and incomplete self-regulatory mode. In China, moving towards the incomplete self-regulatory mode is the better choice, and the reasons are as follows:firstly, the cost and obstacles of judicial system reform are large, and it is difficult to transform into a real judicial regulatory mode. Secondly, there are very few institutional investors in China, which makes the basis for the formation of complete self-regulatory mode not available. Thirdly, the complete self-regulatory mode has the inherent disadvantages of lack of coercive force. Specifically, China can learn from the experience of Britain and Australia to build an incomplete self-regulatory mode with Chinese characteristics. First of all, the common interest demands to promote the overall welfare of the society should be established. Under the guidance of this concept, China can build an mergers and acquisitions team, which is led by the Securities Regulatory Commission and are made up of stock exchanges, Securities Investor Services Center, securities companies, fund companies, lawyers' associations and accountants' associations. Secondly, an institutional framework to promote substantive justice should be built. Specifically, on the one hand, in order to clarify the division of labor and form internal constraints, it is suggested to set up multiple committees with different functions and powers within the mergers and acquisitions team. On the other hand, the mergers and acquisitions team should not only stick to laws and regulations in the decision-making process, but also flexibly adopt diversified decision-making methods. Finally, the procedural operation standard system should be shaped. Specifically, first, the rule making procedure should reflect flexibility and democracy, make it clear that the rule committee can modify relevant rules at any time under special circumstances, and should widely listen to the opinions of member representatives. Second, the dispute decision-making procedure should be open and the decision should be made in simple written form. The third is to improve the hearing procedure and appeal procedure. For the latter, it is suggested that the merger and reorganization review committee should also serve as the appeal committee in the future. Fourth, the judicial review procedure should be established and the "principle of non-interference" should be clarified.

    • Parallel and integration of environmental civil public-private interest litigation in China

      2022, 28(3):269-278. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.021 CSTR:

      Abstract (554) HTML (530) PDF 1.68 M (1118) Comment (0) Favorites

      Abstract:At present, the parallel mode of environmental civil public-private interest litigation is adopted in China's legal system. The parallel model focuses on the difference between public and private interests of the environment so as to carry out targeted interest maintenance. Although it seems that the purpose of the lawsuit is clear and meets the needs of environmental rights and interests relief, it actually ignores the overall characteristics of the environment, not only is not conducive to sorting out the facts of the case, but also easy to cause the waste of judicial resources and even contradictory judgments. Facing the disadvantages of the parallel mode, some scholars in China put forward the fusion mode of compulsory merger, mixed coexistence, additional entity claim right, litigation trust, litigation responsibility of environmental civil public-private interest litigation. The fusion mode is discussed from the two aspects of litigation merger and litigation enforcement right fusion respectively. But there are still some problems, such as the neglect of the litigant's right to choose, the imbalance of public and private interests and the repeated identification of responsibility. With the continuous progress of ecological civilization construction, people's need for a better life prompts more people to pay attention to environmental quality, and the number of environmental public interest lawsuits is increasing day by day. Based on the correlation, latent characteristics of environmental problems and the staged mechanism of environmental infringement, the intersection of environmental public interest and private interest in environmental litigation makes the integration of environmental civil public-private interest litigation an inevitable trend. In respect for the integrity of environment, taking the balance of environmental public interest and private interest as the principle, combined with the reality of China, with the procuratorial system with Chinese characteristics as a hub, making full use of the supervision power and the environmental civil public interest litigation right of the procuratorial organs, to establish a new fusion model of environmental civil public-private interest litigation will be good for realizing the litigation purposes. The new integration model emphasizes the public interest litigation efficiency of procuratorial organs, strives to put forward public and private interest claims generated by the same fact in the same period of time, and hears them together according to the combination of lawsuits. Then, in the identification of responsibility, attention should be paid to the integration of public and private interest, so as to realize the fair distribution of responsibility. The new integration mode respects the litigant's litigation rights, avoids the repeated identification of liability, saves litigation resources and improves litigation efficiency, which can be regarded as an ideal choice for environmental civil public-private interest litigation. Of course, this model is still in the preliminary stage of theory, and it needs to be constructed from the litigation system, supervision mechanism and cooperation in order to be truly practical, so as to lay a foundation for further research on environmental litigation.

    • >政治建设与社会治理
    • The inherent logic of the modernization of national governance:The unity of regularity and purpose

      2022, 28(3):279-288. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.022 CSTR:

      Abstract (1143) HTML (490) PDF 1.68 M (1230) Comment (0) Favorites

      Abstract:The modernization of national governance is the meaning of socialist modernization, and it is the unity of regularity and purpose. The modernization of national governance is an exploration of socialist modernization under the leadership of the Communist Party of China (CPC), combining the basic principles of Marxism with China's concrete reality and the excellent traditional Chinese culture. The historical process of opening up profoundly reflects the laws of the CPC's governance, the laws of socialist construction and the laws of human society development. This regularity reflects the leadership and role of the CPC in the process of promoting the modernization of national governance, as well as the Party's purpose, original aspiration, and mission, and it reflects the inherent logical relationship between the modernization of national governance and socialist construction, as well as the development law of human society. At the same time, the modernization of national governance, as a practical activity, also has a purposeful nature in the process of forming. The modernization of China's national governance is based on the fundamental position of the people as the center, the realization of social fairness and justice as the core value orientation, and the fundamental purpose of fully modernizing the national governance system and governance capacity. This kind of purpose reflects the main body and goal orientation of promoting the modernization of national governance, and reflects the basic values and fundamental purposes that are adhered to in promoting the modernization of national governance. In a word, the modernization of national governance is a complex systematic project. Its regularity proves the scientific nature of national governance modernization, and its purposefulness proves the value of national governance modernization. The two are unified in the great cause of socialism with Chinese characteristics. The world today is undergoing profound changes unseen in a century. The risks and challenges faced at home and abroad are more complex, and the competition around the world is more intense. It can be said that the world today is unprecedented compared to any stage of human development. It is the most complex and poses greater challenges for advancing the modernization of national governance. In the new era, we must adhere to the leadership of the CPC on the basis of grasping the regularity and purpose of the modernization of national governance and its inherent unity, and provide political guarantees for advancing the modernization of national governance; adhere to the fundamental position of the people as the center and provide majestic force for promoting the modernization of national governance; adhere to the realization of social fairness and justice as the core value orientation, and provide basic value guidelines for promoting the modernization of national governance; adhere to development, reform and innovation, and provide continuous power support for the modernization of national governance; actively participate in global governance, enhance the international influence of the modernization of national governance; continuously promote the modernization of national governance system and governance capacity, so as to improve the efficiency and effectiveness of national governance.

    • Logical basis, practical basis and cultural foundation of the formation of great anti-epidemic spirit from the perspective of spiritual pedigree

      2022, 28(3):289-300. DOI: 10.11835/j.issn.1008-5831.jg.2022.04.023 CSTR:

      Abstract (425) HTML (324) PDF 1.68 M (1067) Comment (0) Favorites

      Abstract:The great anti-epidemic spirit is an important part of the CPC's spiritual pedigree. Examining the great anti-epidemic spirit from the perspective of spiritual pedigree will not only help deepen the research of the CPC's spiritual pedigree, but also help expand the understanding of the great anti-epidemic spirit. "How to form" the great anti-epidemic spirit is as important as and deeper than "what it is" and "how to carry it forward". The exploration of "how to form" is helpful to clarify the essence of the great anti-epidemic spirit and improve the pertinence of inheritance and promotion. The great anti-epidemic spirit is the lofty spiritual realm embodied by the Chinese people leading by the CPC in the desperate struggle against the COVID-19 epidemic. It inherits the red gene of the CPC's spiritual pedigree and also has its own rich connotation and characteristic. The CPC and the people are the creators of great anti-epidemic spirit. The CPC is the leading body of the anti-epidemic struggle, the leading group of the Party is the initiator of the fundamental task and the controller of the fundamental direction of the anti-epidemic struggle, the leading cadres of the Party at all levels are the designers and leading executors of the specific strategies of the anti-epidemic struggle in various fields, and the ordinary Party members are the active participants and backbone forces of all anti-epidemic fronts. The Chinese people are the basic subjects of the anti-epidemic struggle, their anti-epidemic appeal is the fundamental driving force for the anti-epidemic struggle, their anti-epidemic wisdom is the basic element of the anti-epidemic struggle, and their anti-epidemic actions are the direct support of the anti-epidemic struggle. Marxism is the theoretical basis for the Party to lead the people in the anti-epidemic struggle, and it is also the ideological weapon to fight and confront with all kinds of wrong statements at home and abroad. The material basis and institutional advantages of socialism with Chinese characteristics are the source of confidence of the Party in leading the people to fight the epidemic, and also the purpose that the Party and the people unite to fight the epidemic. The firm belief of the Party and the people in Marxism and socialism with Chinese characteristics is the logical basis for the formation of the great anti-epidemic spirit. The Party and the people cast a great anti-epidemic spirit with actions. Under the leadership of the Party, the Chinese people concretize their feelings for the motherland and compatriots into the monumental anti-epidemic action. The anti-epidemic practice of strict self-discipline of the Chinese people, the anti-epidemic practice of watching and helping each other, and the anti-epidemic practice of risking one's life to forget one's death together constitute the practical basis for the formation of the great anti-epidemic spirit. Chinese culture deeply nourishes the Party and the people. The Party and the people draw wisdom from Chinese excellent traditional culture, the ideological essence of overcoming difficulties from revolutionary culture, and the strength of fighting epidemic from advanced socialist culture. Chinese culture is the cultural foundation for the formation of great anti-epidemic spirit. A profound understanding of the formation of the great anti-epidemic spirit and strengthening the spiritual support for overcoming epidemic are of great significance to win the overall victory of the anti-epidemic struggle and the great struggle in the new era.

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