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2024,30(5):1-12, DOI: 10.11835/j.issn.1008-5831.jg.2024.07.001
High-quality development is a prominent theme of China's economic progress in the new era,and the key to achieving it lies in promoting the development of new quality productive forces adapted to local conditions. As a new driving force for economic development the advancement of new quality productive forces must be closely integrated with local conditions follow Marxist methodology utilize the laws of the development of new quality productive forces and serve the overall needs of high-quality development. Developing new quality productive forces adapted to local conditions is not only a vivid practice of Marxist methodology in modernization but also an inevitable choice to follow the development laws of new quality productive forces and serve the country's long-term progress. The practical manifestations of developing new quality productive forces adapted to local conditions are diverse and rich. From the perspective of new factors the transformation of science and technology and innovation drive are important sources of the development of new quality productive forces. The upgrading of traditional factors and the integration of new factors have injected new vitality into economic development. From the dimension of new technology the new changes in the composition of technical system and the new characteristics of technology research and development models provide strong technical support for economic development. From the perspective of new industries the rise of strategic emerging industries the optimization of industrial structure and the adjustment of regional layouts have opened up new spaces for economic development. To effectively promote the development of new quality productive forces we need to make clear path choices. Firstly we should strengthen macro top-level design clarify development goals and strategic priorities and ensure that the development of new quality productive forces can meet the overall needs of economic and social development. Secondly we should focus on the synergy between technology and industry strengthen the close integration of technological innovation and industrial development and form a good pattern of complementary advantages and coordinated development. At the same time we should grasp the principle of establishing first and then breaking focus on maintaining stable economic operation and improving the stable and coherent development system while promoting the development of new quality productive forces. In addition we must resolutely prevent the phenomenon of rushing headlong into mass action avoid blindly following the trend and repeated construction and ensure that it can really bring economic and social benefits. Finally it is necessary to strengthen cooperation and exchanges between governments to jointly create a harmonious and symbiotic ecology for the development of new quality productive forces. In summary developing new quality productive forces adapted to local conditions is the key path to promoting high-quality development. Only by closely integrating with the actual situation of each region following the laws of development and clarifying the development path can we effectively promote the development of new quality productive forces and provide strong support for the sustainable and healthy development of economy and society.
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2024,30(5):13-28, DOI: 10.11835/j.issn.1008-5831.jg.2024.07.005
The 20th Central Committee of the Communist Party of China (CPC) adopted the"Resolution of the Central Committee of the Communist Party of China on Further Deepening Reform Comprehensively to Advance Chinese Modernization" at its third plenary session,and stressed to establish sound systems and mechanisms to foster new quality productive forces in line with local conditions. As an important plan and key point for China’s economic development to achieve high-quality development under the new situation, the development of new quality productive forces must not lead to the situation of a headlong rush into projects, similar industrial structures and cut-throat competition. On the contrary, it is necessary to explore comparative advantages and appropriate paths by combining various factors such as natural resource endowment, geographical ecological environment, population education level, digital infrastructure, and innovation and R&D capabilities. As an important constraint on national security and long-term development, the development of the western region is relatively lagging behind in the process of Chinese modernization, which affects the overall level of high-quality development of China’s economy. The nine western urban agglomerations are the important power source of the development of the western region of China, and also the highland for the western region to seize the development opportunity of new quality productive forces. Based on the panel data of cities in western China from 2012 to 2022, this paper constructs a comprehensive evaluation system from the three dimensions of scientific and technological productivity, green productivity and digital productivity, and the entropy method is used to measure the development level of new quality productive forces and the index scores of each dimension in the nine urban agglomerations in western China. The Dagum Gini coefficient method, kernel density estimation method, Markov transition probability matrix, σ convergence model and β convergence model are used to investigate the spatial-temporal characteristics, source of differences, evolution rules and convergence mechanisms of the development level of new quality productive forces in urban agglomerations in western China. The study finds that, on the whole, the development level of new quality productive forces in urban agglomerations in the western region shows an increasing trend year by year, but the overall level is low and shows obvious gradient difference. And there is a structural decomposition feature that the level of scientific and technological productivity is the highest, the level of digital productivity is the second, and the level of green productivity is the last. In terms of relative differences, the overall differences in the development level of new quality productive forces in western urban agglomerations are relatively significant, among which the hypervariable density and inter-regional differences are the main sources of regional differences in urban agglomerations. In terms of absolute difference, the spatial difference of the development level of new quality productive forces in western urban agglomeration has a trend of further expansion, and there is a phenomenon of "club convergence" and a certain degree of "Matthew effect". In terms of convergence characteristics, in the short term, the gap of the new quality productive forces level in the western region has not narrowed, but in the long term, there are absolute and conditional β convergence trends, that is, the new quality productive forces level in the western urban agglomeration will converge to the steady state level in the long term. Therefore, in the process of cultivating and developing new quality productive forces, the western region should not only tap its characteristics and advantages according to local conditions, but also promote coordinated development through overall planning and cooperation.
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SHI Yutang, WANG Xiaodan, CHEN Kaixuan
2024,30(5):29-45, DOI: 10.11835/j.issn.1008-5831.jg.2024.06.003
Modern cities continue to expand in scale and function, but at the same time their own vulnerability is constantly exposed. Natural events and sudden social hot issues may become the opportunity for the rise and fall of cities, and then affect the vitality of urban development. How to enhance the city’s ability to resist risks and develop stably has become an urgent problem to achieve high-quality economic development. The emergence of new quality productivity will profoundly change the environment and conditions faced by urban economy, promote the deep reform of urban economic operation and development mode, and have an important impact on the cultivation of new urban business forms and industrial development. Based on the panel data of 230 cities in China from 2010 to 2021, this paper constructs a comprehensive evaluation index system of new quality productivity around the three components of productivity: labor, labor material and labor object, and adopts a fixed effect model to systematically investigate the impact of new quality productivity on urban economic resilience. It is found that, first of all, new quality productivity can effectively improve the resilience of urban economy, and this conclusion is still valid after the robustness test of endogenous processing, replacement variables, sample elimination and control of interaction effects. Secondly, new quality productivity affects the resilience of urban economy through the internal path of industrial structure upgrading effect, talent aggregation effect and technological innovation effect. Finally, the impact of new quality productivity on urban economic resilience is heterogeneous in terms of resource endowment, government participation and administrative level, and it is more obvious for non-resource-based cities with high government participation and high administrative level. The research conclusions provide a new perspective for exploring ways to improve urban economic resilience in theory, and provide empirical evidence for accelerating the development of new quality productivity in practice. The features and innovations of the article are mainly reflected in: First, taking new quality productivity as the starting point, this paper innovates into the impact of new quality productivity on urban economic resilience, providing new ideas for in-depth understanding and evaluation of economic effects caused by new quality productivity, and enriching and expanding academic discussions on new quality productivity in the field of urban economic resilience. It provides useful policy inspiration for exploring new ways to continuously promote new quality productivity and enhance urban economic resilience. Second, it reveals and elucidates the internal influence mechanism of new quality productivity and urban economic resilience, evaluates the action mechanism of new quality productivity to enhance urban economic resilience from the perspective of industrial structure upgrading effect, talent aggregation effect and technological innovation effect, and expands the research boundary of theoretical black box of urban economic resilience. At the same time, the heterogeneous effects of new quality productivity on urban economic resilience are also explored from the perspective of resource endowment, government participation and administrative level. Accordingly, the research conclusions help to form more specific policy targets, and have important practical guiding significance for accelerating the development of new quality productivity and improving urban economic resilience
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JIANG Ying, YANG Xiao, ZHENG Yunfan
2024,30(5):46-61, DOI: 10.11835/j.issn.1008-5831.jg.2023.05.002
Exploring the intermediate input imports has a profound impact on China’s industrial policy adjustment in the next stage. From a practical point of view, the geographical agglomeration of enterprises has a dual characteristic. To clarify the mechanism by which import geographical agglomeration enhances the export sophistication, the article uses development zones as geographical agglomeration units and determines the park where the enterprise is located by positioning its longitude and latitude. The article mainly explores the evolution path of enterprises and the increase in export sophistication from three different geographical agglomeration modes: import agglomeration of the same products, import agglomeration of related products, and import agglomeration of differentiated products. The results indicate that: 1) In terms of geographical agglomeration mode, the same product import agglomeration only has an effect in the early stages of economic development. The agglomeration of related product imports and differentiated product has positive impact on export sophistication, but the agglomeration of related products can easily form a low-end lock-in. 2) In terms of geographical agglomeration evolution, the same product import agglomeration enhances export sophistication by reducing information search costs and generating regional scale effects in the early stages of enterprise development. However, enterprises in the mature stage need to break free from the constraints of regional homogenization and further enhance export sophistication through related and differentiated product import agglomeration. Otherwise, there are significant differences in the development models of different regions in China. Developed region enterprises mainly rely on differentiated product import agglomeration to enhance export sophistication, while catch-up regions still enhance export sophistication through learning and imitation. 3) In terms of geographical agglomeration mechanism, import agglomeration of the same product mainly enhances export sophistication by reducing the price of import inputs through information transmission mechanisms, while import agglomeration of related and differentiated products enhances export sophistication through promoting import diversification, which also alleviates trade uncertainty shocks. With the steady development of the Chinese economy, the diversity of imports has become a core element of enterprise development. Creating a spatial agglomeration form where upstream and downstream industries rely on each other and have core competitiveness is a breakthrough in the high-quality development of Chinese enterprises. Based on this, the following policy suggestions are proposed: further improve China’s open policy, actively expand imports, and open up a new situation of opening up to the outside world; further improve the inter industry collaboration and innovation system, improve the integrity of the industrial chain and supply chain, and strengthen the support capacity of the industrial chain for domestic systemic circulation; actively break down the administrative barriers between regions, promote the free flow of resources and factors, guide the information exchange between enterprises in different regions, give play to the spillover effects of technology, innovation, management, etc., and lay a good market foundation for improving the technological relevance of industrial spatial agglomeration.
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2024,30(5):62-74, DOI: 10.11835/j.issn.1008-5831.jg.2024.03.005
Two-way direct investment is crucial to the realization of high-quality regional economic development and the upgrading of value chains. With the introduction of the "Belt and Road" initiative and the deepening of opening up, two-way direct investment continues to be active, which not only brings huge economic benefits to enterprises, but also generates significant spillover effects in terms of technology import and efficiency enhancement, and effectively empowers the high-quality construction of new western land-sea corridor. In the context of high-quality development, it emphasizes economical, efficient, convenient, environmental-friendly and safe high-quality construction of the corridor. And it has formed new competitive advantages in rearrangement and integration of logistics channels at home and abroad, new infrastructure empowerment and trade facilitation. Thus, it is of great theoretical and practical significance to explore the internal mechanism, value enhancement, short board analysis and realization path of the high-quality development of two-way direct investment in new western land-sea corridor oriented by the new competitive advantages. Based on the panel data of two-way direct investment generated from east China, central China and 10 provinces or cities in the corridor from 2010 to 2021, this study investigates the high-quality development of two-way direct investment in the corridor and its spillover effects in terms of quantity and quality. Firstly, by analyzing the new competitive advantages of international trade, the key factors for improving the quality and quantity of two-way direct investment in the corridor are identified. Secondly, this paper analyzes the role of the high-quality development of two-way investment in improving the new competitive advantage of the corridor from three aspects of logistics efficiency, trade facilitation level and new infrastructure construction. Then, this paper deeply analyzes the spatial and temporal evolution characteristics and regional differences of two-way direct investment in terms of quantity and quality, and shows the shortcomings of two-way direct investment in 10 provinces and cities in the corridor. Finally, based on the results of the study, targeted countermeasures are proposed for the high-quality development of two-way investment in the corridor. The study shows that there are shortcomings in both quantity and quality of two-way direct investment in the 10 provinces and cities of the corridor. Compared with the eastern and central China, its quantitative shortcomings are mainly reflected in the smaller and slower increase in the total amount of foreign direct investment, the slow growth rate of outward direct investment and the larger gap with the eastern region; the qualitative shortcomings are mainly reflected in the prominent negative environmental effects of foreign direct investment, the lack of obvious industrial structure upgrading assistance, and the lack of significant technological spillover effects, as well as the low level of outward direct investment, and the lack of government support and guidance. According to the conclusion of this paper, there are corresponding policy suggestions: trade facilitation, new infrastructure construction, full play of the regional advantages of core logistics hubs, cultivation of core competitiveness of enterprises’ foreign direct investment, and scale effect efficient in the aggregation and flow of factors.
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LI Yushan, LU Yuanquan, WANG Lina, LU Min
2024,30(5):75-87, DOI: 10.11835/j.issn.1008-5831.jg.2021.07.002
Exploring the causes of environmental inefficiency caused by regulatory capture is a necessary prerequisite for promoting the green development of China’s economy. Practice activities to improve environmental efficiency in diversified contexts are inseparable from the institutional environment on which they rely. The article analyzes the mechanism of regulatory capture affecting regional environmental efficiency in the context of institutional environment from a theoretical level, using China’s inter-provincial panel data, and based on the environmental efficiency comprehensively calculated by the SBM model, and conducts an empirical investigation on the impact of regulatory capture on environmental efficiency and the heterogeneous effect of institutional environment (including the quality of government and the legal environment) regulating the relationship between the two. Results show that: regulatory capture significantly inhibited the improvement of regional environmental efficiency. The institutional environment positively regulates the impact of regulatory capture on environmental efficiency, that is, the institutional environment corrects the negative relationship between regulatory capture and environmental efficiency. The regulatory effect of the level of legal system is more prominent in areas with low government quality and good legal environment, and local governments can play a more corrective role in areas with high government quality and poor legal environment. Only when the institutional environment exceeds a certain critical value will the restraining effect of regulatory capture on environmental efficiency be weakened. Therefore, attention should be paid to the distorting effect of regulatory capture on the regulatory restraint process, and the regulatory role of government quality and legal environment in shaping regulatory order and improving environmental efficiency should be fully utilized, so as to optimize the institutional environment and promote the win-win development of regional green economy.
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XIAO Junfu, CHEN Demin, GAO Yanhong
2024,30(5):88-102, DOI: 10.11835/j.issn.1008-5831.jg.2023.10.002
It is of great significance to study the carbon emission reduction effect of renewable resources utilization in promoting the formation of differentiated emission reduction paths suitable for China’s national conditions and achieving the double-carbon target. Against this background, in-depth exploration and assessment of the carbon emission reduction effect and mechanism of renewable resources utilization is an important issue that urgently needs to clarify. This study regards the alternative utilization of renewable resources to primary resources as an environmental pollution-control activity, and constructs the social utility function to derive the influence mechanism of renewable resources utilization on carbon emission reduction based on the optimal control theory model. The theoretical derivation results indicate that carbon reduction effect of renewable resources utilization depends on the coefficient of resources consumption in the process of renewable resources utilization. When the carbon emissions reduced by renewable resources substitution exceed the carbon emissions caused by the new consumed resources during the recycling process of renewable resources, that is, when the benefit of carbon reduction from the renewable resources substitution is greater than the cost, the carbon reduction effect exists. Secondly, using Chinese provincial panel data from 2005 to 2019, this paper empirically examines the comprehensive impact of renewable resources utilization on carbon emissions, and further analyzes the effect mechanism, threshold effects, and heterogeneity. The empirical test results indicate that: 1) Overall, there is a negative correlation between the level of renewable resources utilization and carbon dioxide emissions in China. Renewable resources utilization can effectively inhibit carbon emissions intensity, and the benefit of carbon reduction from renewable resources utilization exceeds the cost. 2) From the perspective of mechanism, green technology innovation and industrial structure upgrading have important intermediate effects on renewable resources utilization affecting carbon emissions. Renewable resources substitution can suppress regional carbon emissions intensity by promoting green technology innovation and improving the level of industrial structure. 3) The threshold effect test finds that there is a certain threshold effect of renewable resources utilization on carbon emissions when selecting the level of renewable resources utilization and economic development level as threshold variables. The carbon reduction effect of renewable resources utilization becomes more evident when surpassing a specific threshold value, indicating that the relationship between renewable resources substitution and carbon reduction is not linear. 4) Heterogeneity analysis further reveals that the differences in geographical location and the level of circular economic development make the carbon emission reduction effect of renewable resources utilization exhibit heterogeneity characteristics. The carbon emission reduction effect of renewable resources utilization is more pronounced in the eastern region (compared with the western region), the southern region (compared with the northern region), and regions with higher levels of circular economic development. Based on the above research results, this study puts forward policy suggestions, including improving the level of renewable resources utilization and the quality of economic development, strengthening support for technological innovation, promoting the upgrading of the industrial chain, and formulating differentiated strategies for renewable resources utilization.
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2024,30(5):103-113, DOI: 10.11835/j. issn.1008-5831.pj. 2024.08.007
How to interpret Xi Jinping Thought on Culture from a new angle is an important task of contemporary Marxist theoretical work. After a review of the current interpretation of many points of view, it is further pointed out that the researchers should stand at a higher station. To solve this problem, we need to define the theoretical concept of Xi Jinping Thought on Culture. Therefore, from the perspective of Marxist epistemology, it is defined as follows at the basic level: Xi Jinping Thought on Culture is the Chinese theory of the Communist Party of China in the global context, which systematically expounds the modern civilization of the Chinese nation in Chinese concepts. This definition reveals the essence of Xi Jinping Thought on Culture: Chinese theory, that is, a Chinese political-cultural theory based on Chinese historical and cultural experience and Chinese socialist practical experience in the world pattern of the new era. In terms of cultural form, Xi Jinping Thought on Culture covers the basic principles of Marxism and Chinese culture, and interprets new culture in terms of Chinese classical theory, thus forming a culture with Chinese national characteristics and new era characteristics. From the aspect of content, Xi Jinping Thought on Culture plans the development prospect of the modern civilization of the Chinese nation from the angle of cultural strategy, policy and so on, and creates an open civilization system of exchange and mutual learning for the Chinese nation, based on China and facing the world. Therefore, both the cultural form and the theoretical content constitute the basic meaning of the present Chinese theory. In this sense, Chinese theory is the keyword of Xi Jinping Thought on Culture, which indicates that Chinese culture has entered a new stage of development by leaps and bounds. It explains the innovation theoretical characteristics of Xi Jinping Thought on Culture and highlights the cultural strategic value of Xi Jinping Thought on Culture.
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2024,30(5):114-125, DOI: 10.11835/j.issn.1008-5831.zs.2024.05.002
In the report to the 20th National Congress of the Communist Party of China, General Secretary Xi Jinping indicated that "dare to struggle, skilled in struggle" was critical for "three musts", and emphasized that the spirit of struggle should be enhanced for all members of the CPC to promote the great rejuvenation of the Chinese nation with Chinese-style modernization. The spirit of struggle is the spiritual foundation of a Marxist party and the precious spiritual wealth of the Chinese nation. It is necessary to carry forward the spirit of struggle to promote Chinese-style modernization. This is the result of following the theoretical logic of Marxist modernization, the historical logic of the Party’s century-old modernization exploration, and the realistic logic of modernization in the new era. Chinese-style modernization is a Five-in-One modernization. The development of Chinese-style modernization is facing complex, serious and changeable challenge at home and abroad, and a serious conflict arises between the realistic dilemma of the Five-in-One modernization drive and the goals and requirements of Chinese-style modernization. The spirit of struggle provides power for promoting Five-in-One modernization, and it is the internal need to promote Chinese-style modernization. On the road to realize Chinese-style modernization, firmly grasping the spirit of struggle, focusing on strategies and improving the method of struggle in economic construction; maintaining strategic clarity and strengthening the will to fight in political construction; enhancing strategic confidence and strengthening the confidence to fight in cultural construction; seizing the strategic initiative in social construction and exercising struggle skills; building strategic focus and adhering to the principle of struggle in the construction of ecological civilization are the practical approaches to comprehensively promote the great rejuvenation of the Chinese nation with Chinese-style modernization.【思政课形象评价研究专题】主持人:冯刚,北京师范大学思政工作研究院院长,马克思主义学院教授,博士生导师。主持词:党的十八大以来,以习近平同志为核心的党中央高度重视思政课建设,围绕加强思政课建设作出全面部署和系统安排。党的二十届三中全会通过的《中共中央关于进一步全面深化改革 推进中国式现代化的决定》再次强调,"完善立德树人机制,推进大中小学思政课一体化改革创新,健全德智体美劳全面培养体系,提升教师教书育人能力,健全师德师风建设长效机制,深化教育评价改革"。可以认为,思想政治理论课是落实立德树人根本任务的关键课程,塑造和传播正向的思想政治理论课的形象是学科发展和教育教学的内在要求,有利于提升育人效果、增强社会影响力。为进一步推动高校思想政治理论课建设守正创新,增进对思想政治教育形象塑造的深入认识,特邀请和组织学者围绕高校思政课形象建构与传播、高校思政课教师形象建构等主题进行专题性研究,期待与读者形成共鸣。
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2024,30(5):126-138, DOI: 10.11835/j.issn.1008-5831.pj.2024.08.003
The image of ideological and political courses in colleges and universities refers to the overall judgment and evaluation of the public on the existence, operation and functional value of the ideological and political courses in colleges and universities. As the identity construction of self and other, the image of ideological and political courses in colleges and universities is shaped by both the self-shaping process in which ideological and political educators consciously construct and optimize the image, and the other-shaping process in which subjective impression of the public influences the image. The image communication of ideological and political courses in colleges and universities includes the process of self-communication, in which ideological and political educators actively disseminate the well-built image to the public, and the process of other-communication in which the image is transmitted and interpreted among the public. The relationship between image shaping and image communication of ideological and political courses in colleges and universities is interdependent and interactive, with the former being the original starting point of the latter and the latter being the necessary link of the former. The communication subject includes self-communication and other-communication personnel, and the communication content includes conceptual information, behavioral information and visual information, and the common communication paths include mass communication, interpersonal communication and organizational communication. In order to adapt to the social trend of diversification of communication subjects, diversification of communication channels, and multi-dimensional communication effects, we should start from three perspectives of perspective, content, and method, enrich the research paradigm of image communication, do a good job of crisis repair of image communication, and innovate the idea of communication by applying media integration communication strategy. Identifying the relationship between image shaping and communication of ideological and political courses in colleges and universities, clarifying the elements of communication, and exploring the optimization strategy of communication are the unity of conforming to the development trend, responding to the real problems, and complying with the expectations of the times, which is conducive to the enhancement of the quality of the ideological and political courses in colleges and universities and to cultivating talents capable of the construction of a strong country and the rejuvenation of the nation, while helping to spread the beauty and fame of the country.
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2024,30(5):139-150, DOI: 10.11835/j.issn.1008-5831.pj.2024.08.004
The ideological and political theory courses in universities is a central and crucial part of the education work in universities. Promoting the scientific construction of the public image of ideological and political courses in universities is an important measure to enhance the effectiveness of ideological and political education in universities, strengthen social recognition, and promote the modernization of ideological and political education disciplines. Grasping the relevant concepts, inherent principles, and strategic classifications of the scientific construction of the public image of ideological and political courses in universities is the basis for the strategic research on promoting the scientific construction of the public image of ideological and political courses in universities. Introducing the theories and concepts of endogeneity and exogeneity from economic theory into the field of ideological and political education is beneficial for fully understanding the internal and external factors of the scientific construction of the public image of ideological and political courses in universities and providing useful ideas for the scientific construction of the public image of ideological and political courses in universities. Endogenous factors have a direct impact on the construction of the system. From the perspective of endogenous strategies, targeted analysis should focus on the core components of the public image of ideological and political courses in universities, such as teacher team building, curriculum design and textbook improvement, and teaching methods. Constructing the public image of the ideological and political theory course in universities is a complex process that involves multiple exogenous factors, such as educational content, communication methods, target audience, and social environment. Therefore, the construction of the public image of ideological and political courses in universities should be viewed as a whole system, and analysis should be conducted from external factors such as policy implementation, communication media, social environment, and the process of audience reception. Specifically, analysis of exogenous strategies can be carried out from aspects such as promoting the formulation and implementation of relevant effective policies, comprehensive understanding of information communication mechanisms and laws, and the creation of social public opinion environment. This can enhance the influence of the public image of ideological and political courses in universities through the combination of self-development and external guarantees.
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2024,30(5):151-169, DOI: 10.11835/j.issn.1008-5831.rw.2024.09.001
From the beginning of the Qing Dynasty to the first half of the Guangxu period, the Qing government always taxed the silted land after it had been reclaimed for a few years, and people could have the right to polders. The yield of the silted beside the lake varied greatly depending on the topography. The Qing government was sympathetic to the people’s situation and exempted the tax on low-lying fields. Since the first year of the Yongzheng period, the Qing government stipulated that taxes on paddy fields would be levied after six years of reclaiming while taxes on dry fields would be levied after ten years.In the early years of the Qianlong period, the Qing government officially exempted the sporadic land below two mu from tax. For the low-lying silted and fields beside water, the Qing government only levied the reed tax measuring once every five years, whose amount was decided by local condition. But since the sixteenth year of the Guangxu period, Hunan governor Wang Wenshao requested that all of the silted should be state-owned land, and the government began to take strong intervention. However, the original order of land in Dongting Lake area was still in effect, and the provincial government had to recognize the civil property nature of some polders in the earlier developed areas such as Huarong County. In the twenty-ninth year of the Guangxu period, when the financial situation of Hunan Province had deteriorated significantly, the Preparatory General Bureau attempted to levy rent on the mature fields in Yuanjiang County following the case of Nanzhou. However, the magistrate of Yuanjiang County Zhang Mo objected to it after survey because the government had always levied tax rather than rent on the polders in Yuanjiang County. The directors of polders also submitted petitions against the rent and proposed to be taxed, not only because the money to be paid for rent would be higher than tax, but also because they wouldn’t obtain the legal property right of the polders after investing a large amount of capital to build embankments. However, the Hunan government still broke the original rule and insisted on levying rent on ripe polders, to reserve the rent on the local expenses without submitting to the central government. But this process had not completed until six years after the controversy ended, and while the directors of polders accepted the rent, the provincial government also had to admit that polders constructed by people were private polders rather than state-owned fields and make a discount in the calculation of mu of polders. The natural characteristic of the polders, the limitation of the Qing government’s governing ability, and the rise of the local gentry made it necessary for the provincial government and local directors to compromise with each other and strike a delicate but fragile balance.
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2024,30(5):170-182, DOI: 10.11835/j.issn.1008-5831.rw.2024.09.002
Apricot is a traditional Chinese medicine. In this study, apricot and health problems in ancient Chinese medical history are discussed from the perspectives of apricot and its growing environment, the discovery and application of its medicinal value, the origin and development of Xinglin culture, and the reflection of apricot culture. This paper analyzes the Xinglin culture from the angle of historical ecology. Apricot has a long history of cultivation in China, characterized by wide distribution, advanced cultivation techniques, and diverse types and varieties. The discovery and application of apricots were extensively recorded by ancient Chinese medical literature. Over time, the understanding of apricots regarding their origin, four properties and five flavors, toxicity, medicinal parts and their indications, and processing methods has continuously evolved. The medicinal use of apricots has a long history and continues to this day. As early as the pre-Qin period, apricots were used in emergency treatments for various diseases, primarily respiratory ailments, and later for external diseases as well. Even in the ancient classic prescription of traditional Chinese medicine published in China today, apricots still have a high participation. Apricots have developed into a cultural symbol known as Xinglin culture, with a long history of inheritance and evolution. The allusion to Xinglin in The Tales of Immortals by Ge Hong, a medical scientist of the Eastern Jin Dynasty, has made Xinglin a synonym for traditional Chinese medicine, contributing significantly to Xinglin culture. Its core is the praise of the doctor’s superb medical skills and noble medical ethics. Throughout history, the connotation of Xinglin culture keeps pace with the times and is constantly enriched. The spirit of Great Medical Sincerity advocated by Sun Simiao has further enriched Xinglin culture, and the spirit of artemisinin is its embodiment in the new era. Apricots and their associated culture demonstrate the ecological and cultural wisdom of harmonious coexistence among people, and between humans and society, rooted in the harmony between humans and nature. This culture encapsulates the essence of the inheritance and development of traditional Chinese medicine and highlights the virtues of the Chinese nation. Xinglin culture is a unique and harmonious ecological culture with traditional Chinese medicine as the core and rich connotation.
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2024,30(5):183-192, DOI: 10.11835/j.issn.1008-5831.rw.2024.09.003
In the history of Western epistemology, there have been three influential actions of in defense of poetry, which all involve the social function of poetry and explain the relationship between poetry and history in different degrees. The action of in defense of poetry did not happen in the history of Chinese literature, the main reason is that there has always been a cultural tradition of a fusion of poetry and history in ancient China, the relationship between poetry and history is very close, and poetry has always had a high status in Chinese history, there is no need to defend poetry. The development process of modern Chinese poetry is very tortuous and changeable, which contains the discussion of the relationship between modern Chinese poetry and history, and the relationship between modern Chinese poetry and history shows different faces in different historical periods. During the stage of occurrence of modern poetry in the 1920s, Guo Moruo and Li Jinfa imitated Western romanticism and symbolism poetry by integrating modern science and technology elements and learning from the western deep psychological mechanism, respectively, which opened the curtain of epistemology of Chinese modern poetry. In the 1930s, Bian Zhilin, as the representative of the combination of Western symbolism and Chinese classical poetry, combined the ancient and European comparative thinking between China and the West to further promote the epistemology. In the 1940s, Mu Dan and Feng Zhi pushed the epistemology of modern poetry to a new height from the combination of subconscious and Buddhist epistemology and the combination of body aesthetics and deep aesthetic psychology. Since the 1980s, Chinese modern poetry criticism has realized the importance of the historical view of modern poetry. Chen Chao and Geng Zhanchun put forward the paths of individual-historical rhetoric and different writing respectively, and explored the realistic historical view of contemporary poetry for contemporary poetry criticism from the perspective of history and the present. How to distinguish and define the relationship between modern poetry and history has come out. With the separation between contemporary poetry creation and poetry criticism and the improvement of poetic epistemology, the necessity of in defense of poetry has been highlighted. With the development of modern poetry, the concept of intentionality in phenomenology is effectively introduced, and the research of psychoanalysis and psychological mechanism of cogito and reflection can expand the epistemological research path of modern poetry in the view of history.
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2024,30(5):193-206, DOI: 10.11835/j.issn.1008-5831.fx.2024.06.01
Modern environmental governance first manifests as the governance of a standardized system. Currently, there are various types of norms in the field of environmental governance in China, including national laws, Party regulations, administrative normative documents, and Party normative documents, forming an operational model of "coexistence of multiple norms and governance of multiple orders". An important contribution of existing academic discussions is to recognize and attach great importance to the diverse normative phenomena in the field of ecological environment, and attempt to incorporate them into the ecological environment code that has been put on the legislative agenda. However, this research approach is relatively macro, abstract, and difficult to delve into cutting-edge issues such as environmental administrative law enforcement reform that have emerged in China’s environmental governance system. From a practical perspective, there have been conflicts and contradictions among the diverse normative system and the diverse order structure in China’s environmental governance system, which are particularly evident and prominent in the field of environmental administrative penalties. At present, the difficulties in exploring the environmental administrative penalty system in China mainly include: the chaotic practice of "exemption from punishment" in the field of ecological environment, the alienation of administrative penalties as a prerequisite for holding ecological environment damage compensation responsibility, and the misallocation of environmental law enforcement forces under the background of vertical management reform. From the perspective of multiple norms, using the genetic method analysis, it is found that the above practical difficulties all stem from the problem of no coordination of multiple norms caused by changes in non-state legal norms in modern environmental governance system, including the conflict between normative documents (administrative normative documents, Party normative documents), as well as the differences between Party policies and national laws. From a legal perspective, the series of problems and internal conflicts exposed in the current exploration of China’s environmental administrative penalty system cannot be simply addressed through a problem-countermeasure approach, but need to be elevated from reason-based to legal-based, revealing the general rules and universal contradictions contained therein (i.e. the interrelationships between multiple norms in the environmental governance system). In view of this, in the future, China should establish a theory and method based on the collaborative interaction of multiple norms, focus on improving the filing and review mechanism of relevant normative documents in the field of ecological environment, establish a sound coordination mechanism between Party policies and national laws in the field of ecological environment, and take advantage of the opportunity of the compilation of the ecological environment code to confirm the interrelationship rules of multiple norms, to enhance the modernization of China’s environmental governance system and governance capacity.
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2024,30(5):207-221, DOI: 10.11835/j.issn.1008-5831.fx.2023.10.001
In the new era, in order to promote the formation of a new pattern of higher level reform and opening up, the Party and the state have established a series of special regions in specific areas such as the Free Trade Pilot Zone, Shanghai Pudong New Area, and Hainan Free Trade Port, which are different from administrative divisions and are clearly supported by authorized actions of state power organs. The provincial people’s congresses and their standing committees in these special regions can, on the premise of following the constitutional provisions and the basic principles of laws and administrative regulations, formulate specific regional regulations based on authorization, make adaptations to laws and administrative regulations, so as to prioritize the rule of law in specific regions. The authorization matters of specific regional regulations are broader than those of special economic zone regulations, and can even involve legal and administrative regulations reservation matters. It is an upgraded and expanded version of special economic zone regulations, which is version 2.0. The legal attribute of prioritizing the rule of law in specific regions in the new era should be a type of adaptive authorization legislation. The biggest constitutional challenge faced by the rule of law in specific regions is how to integrate it with the principle of unified national legal system in the constitution. According to traditional constitutional theory, the principle of unified national legal system is that in the legislative relationship between the central and local governments, the subordinate laws formulated by local governments must not conflict with the superior laws formulated by the central government. Different types of local regulations correspond to different types of conflicts and apply different judgment standards. Specific regional regulations, as a special precedent regulation, do not have legal rights conflicts and should not be subject to legal provisions conflicts. Instead, they should be subject to legal connotations conflicts. As long as there is no indirect conflict with the basic principles of laws, administrative regulations, and other superior laws, there is no violation of the principle of unified national legal system in the constitution. The Standing Committee of the National People’s Congress has constitutional basis in terms of authorized matters, authorized subjects, and authorized actions. It can obtain a presumption of constitutionality from the terms of reference in the constitution, and its authorization of priority of rule of law in specific regions is in line with the spirit of the fundamental task of the state in the preamble of the constitution, therefore it is constitutional. The priority of rule of law in specific regions in the new era is in line with the spirit, principles, and provisions of the Constitution, but this does not mean that it can deviate from the track of the rule of law. There are many controversies in theory regarding the priority of rule of law in specific regions. If the practical process is not monitored, it may amplify errors in practice and cause people to question the cause of reform and opening up in the new era. Therefore, it is necessary to strengthen its monitoring and ensure that it is fully integrated into the rule of law track. According to the chronological order of time nodes, monitoring of the rule of law in specific regions can be strengthened from three aspects: constitutional review before authorization, filing review after formulation, and evaluation report obligations during implementation. The second revision of the Legislative Law in 2023 comprehensively summarizes the experience and achievements of the past decade, standardizes the special authorization mechanism for major reforms, legalizes reform and innovation achievements such as Pudong New Area regulations and Hainan Free Trade Port regulations, and reserves legal space for the priority of rule of law in specific regions in the new era in several clauses.
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2024,30(5):222-234, DOI: 10.11835/j.issn.1008-5831.fx.2022.03.002
Since the concept of Bitcoin was proposed in 2008, the scale and speed of impact of blockchain on social governance structure and industrial architecture have been unprecedented, especially in the field of value storage such as finance. The changes brought by blockchain are revolutionary. The prosperity of blockchain requires effective legal supervision. The distributed architecture, consensus mechanism, anonymity, and immutability of blockchain are not only key elements in the development of blockchain, but also a breeding ground for implementing anti-competitive behavior. The problem of consensus is solved by cryptography, but the industrialization of mining also easily leads to the concentration of computing power. Collusion among operators promoted by token incentives and opaque effects formed inside and outside blockchain, mutual supervision and enforcement platforms provided for collusion, discriminatory behavior and exploitative pricing, and other anti-competitive behaviors, the fundamental position of blockchain platforms and standardization provide conditions for the abuse of market dominance, which must be effectively regulated. The decentralization of blockchain platforms naturally excludes regulation, bringing about difficulties in defining market entities. Its decentralized management mechanism makes it difficult to effectively allocate responsibilities, and the immutability of blockchain makes traditional remedies ineffective. Therefore, it is necessary to apply behavioral conditions such as modifying platform rules and algorithms to create forks at various nodes online and determine non-traditional measures such as terminating relevant transactions on the platform. The traditional pyramid shaped hierarchical anti-competitive regulatory model shows a mismatch and unsuitability when facing blockchain. Blockchain technology and anti-monopoly should be interconnected in terms of value, adhering to a cooperative relationship rather than mutual exclusion, and jointly adhering to basic value principles such as maintaining security, competition, and reliability. The principle of inclusive and prudent supervision should be implemented on blockchain platforms to address the traditional regulatory paradox of management leads to death, release leads to chaos. In other words, on blockchain platforms, at present, various influencing factors can be comprehensively considered in accordance with Article 27 of the Anti-Monopoly Law of the People’s Republic of China and Chapter 3 of the Interim Provisions on the Examination of Concentration of Business Operators. From the perspective of technical control ability, economic value intervention ability, and normative influence ability, anti-competitive behaviors can be identified, subject locked, and responsibility allocated. The transformation from code as law to law as code can be completed from a conceptual perspective, with emphasis on smart supervision and the use of safe harbors and regulatory sandboxes in tools. Measures and mechanisms for proactive prevention and effective and flexible remedies after the event can be constructed, and cooperation and collaborative supervision should be emphasized to comprehensively reform supervision. From code to law, the legal governance model in the algorithm era should adhere to a technology driven proactive and functional regulatory strategy, taking into account the interests and needs of different entities, achieving dual governance of law and technology, and accelerating the development of China’s new quality productivity.
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2024,30(5):235-248, DOI: 10.11835/j.issn.1008-5831.fx.2022.10.003
The continuous development of digital markets has given rise to new business models and business behaviors, these models and behaviors have made digital market competition constantly dynamic and complex in its effects. The so-called dynamic feature means that the undertakings constantly adjust their business behaviors according to the changes in market supply and demand; while the so-called complexity of the effects shows that it is difficult to conclude the competitive damages and economic gains arising from the changes in these business behaviors and models. Therefore, it is often tough for China’s antitrust authorities and courts to evaluate and confirm the size and illegality of the competitive harm generated by these new business practices when applying the rule of reason. However, the less restrictive alternatives test, which was nurtured in the antitrust judicial process in the U.S., though had not been adopted by the U.S. Supreme Court prior to the American Express case, can be used as a key step of the rule of reason to streamline the complex economic efficiency analysis. This enables it to be applied in antitrust cases in digital market. The U.S. case law practice has established standards and procedures for the application of the less restrictive alternatives test, making it smoothly applied and thus supported by antitrust scholarship. Because of its ability to simplify the measurement of competitive gains and losses under the rule of reason, the test can achieve the dual goal of antitrust in digital markets, i.e., to maintain healthy market competition while maximizing the economic efficiencies of business conducts at the same time. Moreover, because the test is highly compatible with the dynamic and complex digital market competition, it can effectively reduce the ambiguity and arbitrariness of the rule of reason at the present stage in China. It can also improve the precision and efficiency of antitrust enforcement in the digital market. Nevertheless, the antitrust authorities and courts also need to take this test meticulously, as mistakes in the proposal of comparable alternatives could lead to false positive errors and in turn stifle sound business practices. From the perspective of legal principles, the test embodies the proportional quality inherent in the rule of reason; at the level of legal rules, the test could be systematically interpreted in the provisions involving the analysis of the theory of harm of cartels, abuse of dominant position and mergers; in terms of the specific implementation of the law, it is necessary to closely combine with the double-or multi-sided feature, diversified economic efficiency, and innovative and dynamic characteristics of the digital market when determining the effects of the behavior at issue. However, due to the shortcomings of the test and the difference of its meanings between the ancillary restraint doctrine and the general rule of reason, it is nonetheless necessary to untangle the levels and limits of its application.
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2024,30(5):249-260, DOI: 10.11835/j.issn.1008-5831.fx.2023.04.004
In the era of increasing intellectual property protection, in order to achieve comprehensive protection of copyright, relevant provisions of the Copyright Law and the Criminal Law have been amended. The revision of the provisions urgently needs to be explained, and the conflicts between the two laws should also be sorted out. Therefore, it is necessary to explore the connection between civil law and criminal law about copyright crimes, in order to not only meet the requirements of the unification of legal order, but also meet the needs of criminal law protection of intellectual property to the greatest extent. However, the negative stance of advocating that the connection is not limited will not only create loopholes in criminal law, but also logically deviate from the principle of statutory crime and punishment, and will reduce the effect of the amendment of the Criminal Law Amendment (11). By examining the basis of its argument and analyzing the influence of the attribute of statutory offense on the establishment of the crime, it is found that the crime of copyright infringement should adhere to the moderate monism of illegality, but there is no basis for making a unified meaning for the relevant concepts, and there is no reason to impose the effect of limiting criminalization on the subsidiary criminal liability clause. The criminal law can independently explain the connotation of the act of copying, distributing, and disseminating to the public through information networks. Therefore, it is necessary to establish a doctrinal plan that aims to achieve the purpose of criminal law and the limit of the connection, based on the premise of violating the preceding law. Firstly, in the process of achieving connection by violating the preceding law, the Copyright Law should be strictly followed to determine whether the work enjoys specific copyright and whether the suspect has infringed on copyright. If a negative answer is given at this step, the crime of copyright infringement cannot be established. Secondly, in the process of establishing limits through achieving the purpose of criminal law, it is necessary to follow the purpose of criminal law, consider the textual scope of the constituent elements and the necessity of punishment, and ultimately determine whether a crime is established. Specifically, first, reasonably explain the meaning of reproduction and distribution, including the act of copying, distributing, or both. Among them, individual copying activities should not be excluded from the scope of punishment, distribution should be limited to initial distribution and total distribution, and publishing and renting activities also belong to one type of distribution activities. However, renting books and copying and distributing illegal deductive works cannot be criminalized because they do not infringe copyright. Second, explore the possibility of incriminating the acts specified in Article 52 of the Copyright Law, affirm the punishment of plagiarizing the works of others, using the works in the form of annotations, broadcasting or publicly transmitting live performances without permission, and reject the punishment of publishing a work created in collaboration with others as a work created by oneself without the permission of the co-authors, recording and performing, and using the work in the form of adaptation or translation. Third, prove that the behavior of webcasting and deep linking is implied by spreading to the public through information networks.
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2024,30(5):261-269, DOI: 10.11835/j.issn.1008-5831.fx.2023.04.005
In the era of internet of bodies (IoB), the correlation between personal information and personal security has become increasingly close. The focus of protecting personal information rights and interests is no longer only on the autonomous control interests of information, but also other civil rights and interests that are easily damaged during the processing of personal information (especially physical health rights and interests), which has led to a prominent demand for the protection of physical health rights and interests in the application of IoB technology. Therefore, it is necessary for China to provide a legal basis for the application of IoB technology that has the effect of restricting personal freedom, and to improve the legal system for personal information protection from the perspective of protecting personal freedom. However, Personal Information Protection Law adopts a process based protection model that focuses on protecting the right to independent control of information. It ignores the priority of protecting the rights and interests of physical health, deviates from the legal interests of personal information protection, and leads to conflicts of interest between individuals, IoB companies, and social public interests. Civil infringement mechanisms are also difficult to remedy personal injury to individuals. Especially under the influence of IoB technology, this model not only fails to effectively protect individuals’ physical health rights, but also increases the cost of fulfilling information processors’ security obligations, thereby hindering social development. Therefore, China should actively respond to the dual requirements of personal information protection and physical health rights protection in the era of IoB, adopt a result based protection model dominated by personal rights protection, and return to the natural object of personal information protection, promote the balance between value protection and technical regulation, and compensate for the lack of private protection with national protection. In view of this, the personal information protection model in the era of IoB should carry out a legal reform of the protection path: firstly, China can fully leverage the advantages of the process based approach and determine a mixed protection model dominated by the result based approach, further refine the disclosure obligations of processors, narrow the scope of consent rights, and clarify the specific legal interests of personal information protection; secondly, taking the protection of physical health rights and interests as the value goal, individuals, enterprises, and the state jointly assume the obligation of personal information security protection, and establish a mutually beneficial and shared cooperation relationship for the use of personal information among individuals, enterprises, and the state; thirdly, starting from the protection of physical health rights and interests, by expanding the interpretation of personal injury, potential harm risks are included in the scope of harm. According to the potential risks and long-term differences in the results of personal injury, personal information subjects can apply different standards of proof in terms of injury outcomes and causal relationships.
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2024,30(5):270-289, DOI: 10.11835/j.issn.1008-5831.zs.2024.08.006
The orderly political participation of the people is an important link in the building of democratic politics and an effective way to promote scientific decision-making and social modernization. The report of the 20th National Congress of the Communist Party of China emphasizes the expansion of people’s orderly political participation. Orderly political participation means institutionalized political participation, and in this context, it is of particular significance to explore the factors affecting people’s institutionalized political participation and their paths of action. People’s institutionalized political participation is affected by multiple internal and external factors, including the level of perceived honesty and integrity as the people’s direct evaluation of the government’s style of work and image, the level of government trust as the embodiment of the government’s credibility and the psychological basis of people’s political life, which may all have an impact on people’s political participation behavior. Therefore, based on the data from China General Social Survey (CSS) and using the theory of planned behavior as the analytical framework, this study attempts to explore the internal influence mechanism of perceived honesty and integrity and institutionalized political participation, specifically: the action path of perceived honesty and integrity and political participation; whether government trust is a part of the path; whether there are differences in people’s trust in governments at all levels, and whether they play different roles in the path. By using SPSS and Process plug-in to analyze and test the data, this study draws the following main conclusions: 1) The level of honesty and integrity perception positively affects people’s political participation behavior; 2) The level of honesty and integrity perception positively affects the level of government trust; 3) The level of government trust positively affects people’s political participation behavior; 4) The level of government trust plays a fully mediating role in the relationship between honesty and integrity perception and political participation; 5) There is differential government trust in China, with the level of people’s trust increasing in order from local to central government; 6) In the fully mediating role of government trust, it is central government trust that plays the main role. Accordingly, this study further puts forward targeted countermeasure suggestions from the aspects of broadening the channels of institutionalized political participation, enhancing public understanding, publicizing the effectiveness of anti-corruption, and strengthening the government’s image building, with a view to perfecting the various chains of participation, thus enhancing the citizens’ sense of anti-corruption, honesty and integrity, narrowing the distance between the government and the people, promoting the orderly political participation of the citizens, and thus advancing the process of political democratization in the new era of China. Starting from the two macro issues of anti-corruption and democracy, this study explores the relationship between the perception of honesty and integrity, government trust and political participation at the micro individual level. Theoretically, it is a new attempt to enrich the research perspectives of institutionalized political participation and improve its path construction; practically, it is a new landing point, providing certain revelatory suggestions for practical scientific decision-making and democratization of political construction; realistically, there is certain reference significance in the construction of the internal logic of the macro-issues of anti-corruption and democracy, both of which together serve the essential feature of socialist democratic politics in China—the people as masters of the country.
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2024,30(5):290-302, DOI: 10.11835/j.issn.1008-5831.zs.2024.08.007
Rivers are the birthplace of human civilization and important carrier of regional economic development. The natural flow attributes of rivers inevitably involve governance methods that span regions and transcend subjects. In the critical period of social transformation, the problems reflected by river pollution have long gone beyond the scope of environment, economy and people’s livelihood. However, faced with unbalanced development of various river basins, independent governance subjects, and uneven regulatory standards, water governance has fallen into a vicious circle of "more governance, more pollution". In light of this, the CPC Central Committee has repeatedly emphasized the concept of promoting green development, advocates a Chinese-style modernization development path of harmonious coexistence between humans and nature, and also proposes specific strategies for precise control, coordinated management, and collaborative control of environmental pollution. As a new administrative model for water management, the river chief system can also serve as an important window for the ecological environment governance system to see the big picture from a small perspective, which fully meets the overall arrangement of the Third Plenary Session of the 20th Central Committee of the Communist Party of China to improve eco-environmental governance system and deepen the reform of the ecological civilization system. To better explore the development of river chief system in practice, this paper adopts a multi-faceted typological analysis to collect the innovative practices of river chief system across China, combines quantitative and qualitative analysis through qualitative analysis software RQDA, forms three frameworks of legal basis, organizational structure and operation mechanism from strategy, decision-making and execution, hoping to summarize the types of innovation and the logics of the river chief system in the field of campaign-style governance. The study finds that the law provides a basis for the establishment and power operation of the institution of river chief system at the strategic level, the organizational structure flexibly adjusts the permission of the river official system from decision-making level, and also, incentive mechanism, assessment mechanism, supervision mechanism and accountability mechanism implement the administrative intentions of the river chief system from the executive level. It can be said that the beneficial exploration of river chief system in the field of water pollution not only summarizes valuable experience for government governance and reform, but also provides new ideas and directions, which has important driving role and promotion value.
Volume 30,2024 Issue 5
区域开发
社科研究与评价
人文论坛
法学研究
政治建设与社会治理
Volume 30,2024 Issue 5
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