Most accessed

  • Published in last 1 year
  • In last 2 years
  • In last 3 years
  • All

Please wait a minute...
  • Select all
    |
  • XIONG Haiying
    Jinan Journal. 2023, 45(10): 1-13. https://doi.org/10.11778/j.jnxb.20230693
    The unknown Zheng Yunduan was discovered two hundred years later and became a representative of the poetess of the Yuan Dynasty. Most of the affirmation of Zheng's poems is from the perspective of gender. In fact, Zheng's winning the title of “poetess” is closely related to the following two facts: first, the changes of the times and literary thoughts; the second is the changes in the way of dissemination of works, readers' reading psychology and acceptance mode under the background of the development of printing and publishing industry.
    Based on the text space composed of Su Yong Collection and related anthologies and comments, from the perspective of book history and reading history, it is found that from the late Song Dynasty to the end of the Yuan Dynasty, due to the change of a series of related factors, the creation of female writers has gradually been accepted by social concepts. After Zheng Yunduan's death, her poems were compiled into Su Yong Collection, and has long been selected for the publication of the general collection of women's poetry. As a result, Zheng entered the vision of the officials of the four treasuries in the Qing Dynasty, thus entering the mainstream literary history. This paper has made a multi-dimensional and dynamic observation for a long time and made the following analysis: first, it compares Zheng's creation with her former poetess and her contemporary literati. Second, it compares the evaluation of Zheng's poems by various female poetry anthologies in the Ming and Qing Dynasties. The evaluation is also compared with the evaluation of the officials of Siku Library. From the contradictory conclusions of different critics, the ordinary and extraordinary features of Zheng Yunduan and her poems are revealed.
    This paper holds that from the mid-Southern Song Dynasty to the Yuan Dynasty, as poetry gradually alienated from politics, the identity of “poet” became more independent. With the development of commercial printing, the compilation and publication of poems is more decisive for poets to gain fame and status in the history of literature. During the Jiajing period of the Ming Dynasty, Su Yong Collection was printed and published, which had not received any comments for about 200 years. Since then, it has been praised excessively in the anthology of female poems in the Ming and Qing Dynasties, but it has been clearly belittled by the officials of Siku Library. It is the gender factor that affects the position and standard of evaluation. Zheng was born in a scholarly family, received a good education and lived a relatively free and wonderful life. She was in the literary atmosphere of the urban society at that time, and her poetry writing was in line with the mainstream direction, not a feminine and private writing with a single dependence on spirit and emotion.
    There are three points worthy of attention in the process of Zheng becoming a “famous poetess in Yuan Dynasty”. First of all, as a “poet”, Zheng was recognized as an independent woman, not a relative of a man. Secondly, Zheng was recognized for his poetry writing, not because of the legend of women's virtue, beauty and eroticism. Thirdly, Zheng finally established her reputation and position in the history of women's poetry that began to be constructed in the Ming Dynasty, and the decisive factor was the compilation and publication of Su Yong Collection and selected works of women's poetry in the Ming and Qing Dynasties. To some extent, the study of this paper reveals the trend of secularization and popularization of poetry since the Song and Yuan Dynasties. It reflects the multicultural pattern of the coexistence of mainstream literary concepts, enlightenment thoughts and popular culture in the Ming and Qing Dynasties. It also highlights the importance of printing and publishing factors. The introduction of a new perspective has deepened and expanded the significance of Zheng Yunduan's poetry research.
  • TIAN Peng
    Jinan Journal. 2023, 45(10): 73-86. https://doi.org/10.11778/j.jnxb.20230977
    The key to deepening the consolidation of poverty alleviation achievements and employment assistance action for relocated people is to innovate industrial cultivation models and governance mechanisms. The theoretical perspectives of the academic community on the cultivation of relocation industries for poverty alleviation and employment assistance mainly include livelihood space, livelihood action, livelihood integration, institutionalism, and industrial chains. However, from the perspective of theoretical paradigms and research approaches, there is still room for improvement in the close integration of macro industrial development and micro livelihood reconstruction in the existing research.
    This article draws inspiration from the paradigm of sustainable livelihood theory and constructs a theoretical analysis framework for the cultivation of relocation industries from two dimensions: cultivation orientation and governance mechanism. It categorizes the experience and practical logic of different cultivation orientations of abilities and rights, as well as different governance mechanisms, such as market and administration. It is found that: firstly, the capacity-oriented industry cultivation model focuses on sustainable livelihood capabilities, including the entrepreneurial industry cultivation model led by market-oriented factor allocation and governance mechanisms, and the public welfare job bottom-up industry cultivation model led by administrative governance mechanisms and public policy supply. Secondly, the right-oriented industry cultivation model aims at the sustainable livelihood rights system and its institutional guarantee, focusing on diversified industrial entities as the cultivation objects. On the one hand, it promotes the open and integrated development of the county economy through specialized factor aggregation mode and market-oriented resource allocation mechanism, and on the other hand, it improves land use guarantee policies guided by practical issues such as “people, land, money, and industry” in industrial cultivation, and improves the mechanism for talent protection and financial investment.
    Compared to existing literature, this article expands on the following two aspects: firstly, three theoretical propositions are proposed: 1) The analysis framework for the cultivation and governance of relocation industries from a sustainable livelihood perspective should include two basic dimensions: livelihood rights and livelihood capabilities. 2) There is a significant institutional coupling between the cultivation of relocation industries and the sustainable livelihood reconstruction of relocated people from the perspective of sustainable livelihoods. 3) The analysis framework for the cultivation and governance of relocation industries should not only include two dimensions: livelihood rights and livelihood capabilities, but also include two basic governance mechanisms: the administration and market, as well as their diversified implementation paths. Secondly, based on the particularity and practical constraints of the cultivation of relocation industries and the livelihood resource endowment of relocated people, a typological analysis framework is constructed from an ideal perspective for the innovation of industrial cultivation models and governance mechanisms, as well as the transformation of sustainable livelihood systems. The subsequent industrial cultivation and employment assistance practice of relocation is a process of dynamic evolution and dialectical mutual construction of diverse industrial entities, diverse factor endowments, and multiple cultivation paths. Its core is to establish institutional mechanisms and policy environments that are conducive to the protection of sustainable livelihood rights and capacity enhancement. These mechanisms and environments in turn affect the innovation of industrial cultivation models and the enhancement of employment assistance effectiveness.
    This study is based on the core theoretical assumption that there is an inherent correlation between innovation in industrial cultivation models and changes in sustainable livelihood systems. It clarifies the rights and responsibilities of different actors, particularly highlighting the main responsibilities and action boundaries of the market, government, and relocated households in industrial cultivation and employment assistance. From the perspective of the benign mutual construction and coordinated promotion of innovation in industrial cultivation models and sustainable livelihood system changes, this paper proposes the implementation path of innovation in industrial cultivation models for relocation.
  • CHAO Yanting
    Jinan Journal. 2023, 45(7): 1-13. https://doi.org/10.11778/j.jnxb.20221996
    DuLuQianxuan is an important official anthology compiled and published by King Jeongjo of the Joseon Dynasty. This anthology not only continues the tradition of honoring Du Fu in the Joseon Dynasty, but also incorporates Lu You into this traditional poetic system. Lu You's poetry, due to its large volume, mainly relies on anthologies for dissemination, and the reading of Lu You's poetry on the Korean Peninsula has long been limited to a small number of works in some anthologies. In the early and middle periods of the Joseon Dynasty, the evaluation of Lu You was generally not high, and the influence of his poetry was far less than that of Du Fu's poetry. King Jeongjo's high affirmation of Lu You and the compilation and promulgation of DuLuQianxuan played an important role in promoting Lu You's status in the Korean poetry circle and eventually being on par with Du Fu. However, the basic research on DuLuQianxuan is still scarce. This article systematically sorts out the official history books, book catalogs, poetry collections, and other documents of the Joseon Dynasty, restores the compilation, promulgation, and circulation of DuLuQianxuan, discusses its selection characteristics by comparing it with other poetry anthologies of Lu You, analyzes the cultural history background of the compilation, and explores its actual impact on the history of Korean Chinese poetry.
    Zhu Xi's admiration for Lu You attracted attention from the Korean Peninsula. The Jiguge edition of Lu You's complete works was disseminated in Korea, breaking away from the one-sided portrayal of his image in previous poetry anthologies and providing the possibility of re-understanding Lu You. King Jeongjo not only valued the loyalty and patriotism of Lu You's poetry, which was inherited from Du Fu's poetry, but also discovered the “respect for the king and repel the barbarians” trait of Lu You's poetry that fit the self-positioning of Korea as a “junior Middle-Kingdom”. The compilation of DuLuQianxuan was based on DuLvFenyun and LuLvFenyun, relying on the convenient manuscript of ErjiaQuanlü compiled beforehand, and was also influenced by the Qing Dynasty poetry anthologies and their prefaces and postscripts.
    The selection of Lu You's poetry in DuLuQianxuan does not overlap too much with previous anthologies and has its own characteristics. Most of Lu You's famous patriotic poems are Ancient Poetry and Seven-character Quatrain, so they are excluded from DuLuQianxuan, which only selects Seven-character regulated verse. King Jeongjo's era lacked empathy for Lu You's poetry resisting outside invasions, and from the ruler's perspective, it was easier to appreciate Lu You's gentle and beautiful poetry. Due to the characteristics of the poetic form, the historical background, and the official position, King Jeongjo selected more leisurely poems by Lu You than his patriotic poems, and there was a significant misalignment between the actual selection and the proclaimed purpose. The compilation and publication of DuLuQianxuan was a specific measure taken by King Jeongjo to implement the “rectification of literary style”, attempting to counter the prevailing literary style in the Korean literary circle at that time. DuLuQianxuan promoted the elevation of Lu You's status in the Korean Peninsula's poetry circle, opened up the poetic path of “entering Du from Lu”, and laid the foundation for the study of Lu You by Huang Xuan and others in the late Joseon period. Since the 19th century, with the rise of nationalism, Lu You has gradually become a common poetic model in East Asian countries.
  • LIU Yiping
    Jinan Journal. 2024, 46(2): 38-51. https://doi.org/10.11778/j.jnxb.20231363
    Studies in the history of historiography show that historiography in Song Dynastywas influenced by emerging Neo-Confucian thought, resulting in the formation of the paradigm “Neo-Confucian historiography”. However, these studies are generally correlational rather than causal. There is still a lack of discourse on why and how Neo-Confucianism acts on historiography to form the new paradigm. To address this gap, this paper adopts an interdisciplinary perspective integrating Chinese philosophy and the history of historiography, and conducts research from the following two aspects.
    Firstly, it demonstrates the causal relationship between the theoretical connotation of Neo-Confucianismand Neo-Confucianhistoriography. Based on the overall theoretical framework of Neo-Confucianism in the Song Dynasty, specifically the concepts of “essence-function (ti-yong) with a shared origin” and “principle-phenomena & essence-function” (li-shiti-yong). It clarifies the theoretical position of Neo-Confucianism as “principle” and “essence” and historiography as “phenomena” and “function”. Based on this theoretical framework, the absolute truth or ultimate nature of Neo-Confucianprinciples must be implemented and demonstrated in historiography. It organizes the diverse and scattered historical events into a cohesive whole, thereby forming the “historization of Neo-Confucianism”. Historiography must also be integrated into the Neo-Confucian system, fulfilling the role of explaining and verifying Neo-Confucianism, and becoming an inherent part of the holistic, continuous, and integrated ideological system of Neo-Confucianism, thus forming the “Neo-Confucianization of historiography”. Consequently, Neo-Confucian historiography embodies the relationship between classics and history-“Classics provide the principles, whereas history applies them; classics and history are inseparable, and they are of the same origin.” It also highlights the intrinsic spirit of “integrating essence with function, governing phenomena with principles, prioritizing the classics, and not neglecting history”.
    Secondly, it analyzes the substantial impact of the theoretical structure of Neo-Confucianism on Neo-Confucian historiography. Drawing on the views of Wang Fuzhi in the Qing Dynasty, this article divides the theoretical models of Song Neo-Confucianism into two categories. One is “viewinghuman from the principle of heaven” influenced by the philosophical tradition of the Book of Changes, while the other is “viewing Heaven from the perspective of human” developed from the philosophical traditions in the Spring and Autumn Annals and the Doctrine of the Mean. Corresponding to the first theoretical model is the narrative-oriented Neo-Confucian historyrepresented by Hu Hong's The Grand Annals of Emperors and Kings. This work, adopting the cosmological theory and the doctrine of heavenly principles in Neo-Confucianism as its temporal framework, reinterprets Confucian classics as ancient historical materials into this framework, thus constructing a Confucian-style narrative model for early Chinese history. What relates closely to the second theoretical model is the evaluative Neo-Confucian history represented by Hu Yin's Insights from Reading History. This work, based on the ethical cultivation theory and political and social analyses in Neo-Confucianism, evaluates historical figures and events from the Warring States period onwards comprehensively and systematically. It is in this sense that we can say the theoretical structure of Neo-Confucianism has had a decisive influence on the categories of Neo-Confucian historiography.
    This article demonstrates the internal logic of the formation of Neo-Confucian historiography from the generative perspective, and the correspondence between the structure of Neo-Confucianism and the categories of Neo-Confucian historiography from the perspectiveof typology. The two representative works of Neo-Confucian historiography in the Song Dynasty, written by second-generation scholars of the Huxiang School, reveal that this school attempted to go beyond mysticism and empiricism and construct a metaphysical and speculative philosophy of history from the perspective of rationality and humanism. Their efforts, not only promoted a leap forward in traditional Chinese historiography, but also occupied a leading position in the development of world historical philosophy.
  • ZHOU Xuefeng
    Jinan Journal. 2024, 46(1): 61-78. https://doi.org/10.11778/j.jnxb.20230055
    The simplification of insurance clauses is an important means to reduce the information asymmetry between the insurer and the insured. If the simplification of insurance clauses is considered as a mandatory requirement for supervision, then its standards need to be clarified. Advocating and regulating the simplification of insurance clauses through legislation originated from the Plain English Movement in the United States and was later borrowed by many other countries. The legislative experiences of the United States indicate that there is no perfect or indisputable standard forsimplification of insurance clauses. The subjective standards can easily lead to uncertainty, while objective standards can easily lead to rigidity and single-faced evaluation. The combination of subjective and objective standards as a whole is more reasonable.The experience of the US insurance industry shows that the simplification of insurance clauses is not simply a legal or linguistic issue. In order to ensure the accuracy and feasibility of the standards for the simplification of insurance clauses, it is necessary to collaborate with experts from the insurance industry, linguists, legal professionals, computer technology experts, consumer protection groups, and other related fields. The simplification of insurance clauses in China needs to take into account the literacy level of Chinese citizens and the characteristics of the Chinese language. The immaturity of research on the standard for the readability of Chinese texthas to some extent affected the regulation on the simplification of insurance clauses.Against the current legal background in China, for the insurance policies that concern the public interest or are subject to mandatory insurance in accordance with the law, if their insurance clauses do not meet the regulatory requirements for the simplification of insurance clauses set by the insurance regulatory authority, the insurance regulatory authority may refuse to approve such policies. For insurance clauses of other types of insurance, if the insurance regulatory authority finds that the filing clauses do not meet the requirements of simplification during the review, it can order insurance companies to make corrections, or impose penalties in accordance with the law. Although the insurance clauses should not be held void solely on the grounds that the insurance clauses havenot reached the standards of simplification, the degree of simplification of insurance clauses may have a certainimpact on the interpretation of insurance contracts.
  • GAN Weiyu
    Jinan Journal. 2024, 46(2): 1-19. https://doi.org/10.11778/j.jnxb.20230774
    In the context of the current ecological civilization construction and high-quality economic development in China, promoting the technological transformation of enterprises has become an important task to achieve high-quality development. As an important institutional embedment method for enterprises, Party organization embedding can play a positive role in enterprises, indirectly improve the thoughts and values of enterprise managers, so that they can take the initiative to take measures for technological transformation and upgrading of enterprises. Based on this, this paper aims to study the influence and transmission path of Party organization embedding on the technological transformation and upgrading of private enterprises, so as to provide theoretical support and policy inspiration for promoting the high-quality development of private enterprises.
    Based on the data of the 12th National Sample Survey of Private Enterprises (CPES) in 2016, this paper constructs an empirical model with reference to research of Lyu Peng, Huang Songqin and Xu Xixiong, and examines how the Party organizationembedding affects the technological transformation and upgrading strategies of private enterprises. The empirical results show that private enterprises embedded by Party organizations are more inclined to adopt technological transformation and upgrading strategies. Further study reveals that private entrepreneurs' subjective status perception, environmental regulation pressure and innovation consciousness play an important mediating role in the above effects. After taking into account the sample selection bias, endogeneity and omitted variables, the results are still robust. In addition, the effect of Party organization embedding on the technological transformation and upgrading of enterprises is influenced by the heterogeneity of regional business environment and enterprise characteristics.
    Compared with previous literature, the possible contributions of this paper are in the following aspects. Firstly, different from previous studies, this paper focuses on the internal factors of enterprises to explore the driving factors of enterprise transformation, and discusses the technological transformation of private enterprises from the perspective of Party organization embedding. Secondly, different from existing studies focusing on the governance of Party organizations in state-owned enterprises, this paperlinks Party organizationembedding with the technological transformation and upgrading of private enterprises, and clarifies the logical line of Party organizationembedding-psychological characteristics of entrepreneurs-the adoption of technological transformation and upgrading strategies, enriching and expanding research in the field of Party organization governance. Finally, the findings deepen the understanding of how political forces influence enterprise development in emerging market economies, provide new knowledge in areas such as grassroots Party building and ecological civilization construction, and expand research on the development of green themes.
    The research conclusion of this paper provides theoretical support for the positive effect of Party organization embedding in corporate governance of private enterprises. In addition, at the practical level, this paper provides new ideas and theoretical basis for supply-side structural reform, high-quality development of private enterprises and grassroots Party building, and provides policy guidance for strengthening Party organizations to lead the high-quality development of private enterprises.
  • CHEN Long
    Jinan Journal. 2023, 45(11): 1-13. https://doi.org/10.11778/j.jnxb.20230053
    After more than 20 years of exploration since the founding of the Party, the CPC's publicity work system has become stable, forming a pattern where all publicity work belongs to the Publicity Department. Therefore, the academic community did not pay much attention to the systematic operation of the CPC's publicity work during the War of Liberation, but focused on the establishment background, historical evolution, structural system, and staffing of publicity organizations, outlining the basic contour of this field with many questions unanswered. From the perspective of power operation logic, what is the deep motivation of the merger and transformation of the CPC's publicity organization? Why is the organization for coordinating publicity and decision-making becoming virtual? From the perspective of institutional system operation, how does the publicity department system, party newspaper system, publishing and distribution system, and news agency system unify leadership and cooperate “in a wide range of fields of publicity work”? From the perspective of the revolutionary party to the ruling party, what mechanism did the CPC gradually assume to meet the needs of the public for news after the liberation war entered the stage of strategic counter attack? How to clarify the direction of the transformation of the publicity work system after CPC's taking office?This paper focuses on the power operation and systematic operation of the publicity work of the CPC during the War of Liberation through literature research and systematic research. It reveals that in order to achieve “centralized and unified leadership” of the publicity work, the CPC changed the Central Publicity Committee into a publicity conference, and unified the party newspaper system, news agency system, and publishing and distribution system into the publicity department system. The superior publicity department also established a business guidance relationship with the subordinate political departments, which has strengthened the structure of “unifying all publicity within the Party's publicity department”. At the same time, with the request for instructions and report system as the core, a series of publicity work systems have been constructed, and publicity work can be systematically operated. During this period, the news agency system achieved significant development due to its compatibility with the discrete and segmented organizational form and the rapidly changing war situation, promoting the growth of the news industry from publicity work and laying the foundation for the emergence of news management agencies of the government.Compared with the previous research results, this paper has expanded in two aspects: First, it discusses the adjustment of publicity system, which is the disadvantage of “decentralization” caused by the expansion of the CPC in the field of work and the extension of the context. According to the changes in its own state and central tasks, the results of repeated attempts at both ends of “centralization” and “decentralization” have finally established the principle of “collective leadership” and “division of labor and responsibility”. Second, on the basis of clarifying the system, level and relevance of publicity organizations, and according to the “work system and power issues” put forward by Mao Zedong, it is revealed that the CPC has built a series of publicity work systems with the request and report system as the core, providing the “most basic conditions” for achieving “centralized and unified leadership”.The research of this paper has expanded the connotation of the research of the CPC. On the basis of the analysis of historical materials to reveal the historical revolution of the CPC's publicity institution, it will help the academic community further tap the deep logic of the adjustment of publicity work system and the publicity work systemic operating mechanism consisting of the working system and discipline composition, so as to reveal how the CPC's publicity institution became “one of the most effective departments in the Chinese communist organization of this century”.
  • YANG Fuxue
    Jinan Journal. 2023, 45(11): 35-46. https://doi.org/10.11778/j.jnxb.20230801
    A prevalent viewpoint holds that Dunhuang was very prosperous during the Xixia (1038—1227), but it was quite barren during the Yuan Dynasty (1227—1368). While there were conditions for large-scale construction of grottoes during the Xixia, it was impossible during the Yuan Dynasty. This cognition had a significant impact on the study of late Dunhuang Grottoes. Previously, due to the limited information, the academic community paid more attention to the Xixia and neglected the Yuan Dynasty, resulting in the dilemma in which the content in Dunhuang Grottoes that originally belonged to the Yuan Dynasty was mistakenly classified as the Xixia's. The excavation of the northern area of the Mogao Grottoes in the 1980s and 1990s unearthed a large number of the materials of the Yuan Dynasty, which were written in Uyghur, Mongolian, phags-pa, Chinese, Sanskrit, and Xixia manuscripts. With the publication of these materials and the further enhancement of the recognition of Persian literary and historical materials in the domestic academic community, it can be seen that Dunhuang culture experienced a rapid changing period in which it declined from the Xixia to the early Yuan Dynasty but prospered in the late Yuan Dynasty. The dividing point is roughly marked by the entry of the Mongolian Bin Wang family in 1276. After 1276, especially in the first half of the 14th century, the Mongolian Prince of Bin family formed four Urus, namely Bin, Xining, Su, and Weiwuxining, stationed in Jiuquan, Dunhuang, Guazhou, and Qumul, becoming the highest hereditary throne in Western China at that time, with the same military power and fiefdoms as the Prince of Xiping and Prince of Anxi of the Kublai Khan lineage. The political status of the western region of the Hexi Corridor (Dunhuang and Guazhou included) is high, even surpassing that of Gansu Province. The family also governs a vast region, including present-day Gansu, Ningxia, Qinghai, and Xinjiang. This has changed the decadence of the western region of the Hexi Corridor since the Xixia to early Yuan Dynasties, with poverty alleviated and economy developing rapidly, thus achieving good results in land reclamation and becoming a model for the time. In addition, the influx and integration of numerous ethnic groups from Central Plains, West Asia, and Central Asia jointly promoted the prosperity of Dunhuang culture in the late Yuan Dynasty. The construction of grottoes reached a climax during this period, and grotto art with extremely high artistic level and royal atmosphere also emerged. The Mongolian Bin Wang family paid attention to the development of local transportation, reorganized post roads, strengthened the management of transportation affairs, and greatly improved the transportation conditions in Dunhuang in the late Yuan Dynasty, allowing for easy access in all directions. From the literature unearthed in Dunhuang, it can be seen that Dunhuang maintains close relationships with various places, such as Khanbaliq, Hangzhou, Fujian, Turpan, Suzhou (present-day Jiuquan), and Khara-Khoto.
  • XING Jinghua
    Jinan Journal. 2024, 46(1): 1-15. https://doi.org/10.11778/j.jnxb.20231821
    In recent years, globalization has been accompanied by the emergence of large-scale transnational transmission of infectious diseases, and public health crises have posed enormous risks and challenges to countries. The issue of public health governance has become an important topic in global governance, and what differs it from traditional governance is the active participation of non-state actors, which play an important role in global health governance. After the occurrence of major public health crises, overseas Chinese and their self-organizations have participated in the global health governance as emerging governance subjects. However, existing studies have examined governance issues more from a macro-social perspective, and those involving topics related to overseas Chinese have mostly focused on their contributions from the perspectives of public diplomacy and morality, but lacked research on the dynamic governance mechanisms of micro-subjects; in particular, micro-examination of non-state actors around transnational governance urgently needs to be supplemented.
    This paper applies interdisciplinary research methodology to analyze the complex transnational practices of overseas Chinese and their self-organized transnational governance behaviors, governance mechanisms, motivating factors and challenges. This paper intends to interpret the participation paths and roles of overseas Chinese interacting with states, societies and communities in the complex transnational practicein global public health governancess diverse entities in the multilateral cooperation and collaborative governance network.It is found that overseas Chinese have formed diversified self-organizations with different characteristics and linkages, and these self-organizations actively participate in global health governance, presenting the characteristics of transnationality, spontaneity, flexibility, innovation, and network. Overseas Chinese and their self-organizations have formed a four-fold governance mechanism of “autonomy-collaboration” in global health governance through cooperation with governments and societies, including internal management incentives and mobilization, virtual space application of mobile communication technology, allocation of social network resources, and collaborative governance with different governments and society. The impetus for overseas Chinese to participate in global health governance stems from a combination of intrinsic and extrinsic factors, resulting in a unique behavioral logic between the “our nation” and the “other”.
    This paper expands previous researchin the following aspects. Firstly, it extends research around the subject of global health governance from the original major country policy and public diplomacy to the specific micro transnational subject of overseas Chinese and their self-organizations.Secondly, it analyzes the mechanism and role of overseas Chinese and their self-organizations' participation in global health governance by summarizing the case studies of the micro dynamic practical actions, and opens up a new horizon for the study of overseas Chinese self-organizations. Thirdly, relevant non-state actors have rarely paid attention to overseas Chinese as a unique transnational cross-cultural group, which effectively expands the boundaries of the existing global health governance in which multiple subjects govern public health crises.
    This paper enriches the connotation of research on global health governance, provides a theoretical support for the effective understanding and promotion of the concept of building a community of common health for mankind. Overseas Chinese contribute international health public goods and medical experience through international public welfare and charitable activities, which makes up for the inadequacy of the state as a single governance subject, and potentially increases China's national soft power to participate in global health governance.
  • LIU Tao, LIU Qianxin
    Jinan Journal. 2023, 45(12): 1-14. https://doi.org/10.11778/j.jnxb.20231375
    The Report to the 20th National Congress of the Communist Party of China stated that ethnic affairs would be handled with a focus on forging a strong sense of community for the Chinese nation, which emphasizes uniting citizens at the spiritual level. This is a systematic project, and its primary task is to construct a discourse system, i.e., constructing the thought foundation, knowledge content, and the ways of presentation for the discourse about the community for the Chinese nation. Discourse construction is essentially the practice of meaning, which means that the generation of meaning not only concerns the link between the signifier and the signified, but also involves the cognitive foundation that makes the link work, i.e., the legitimacy basis of discourse construction. Evidently, it is not valid to respond to the legitimacy question of discourse construction by merely examining the independent, dispersed symbols and their meaning. Only by placing the semiotic representation into the complicated relation structure, can we fundamentally understand the mechanism of meaning and the rule of symbols in the discourse generation. Therefore, to supplement the rhetorical perspective which focuses on discussing the function question of meanings, this article introduces the perspective of the semiotic system from semiotics, dives into the inner meaning structure of symbols, and analyses the collection of symbols as well as its operation mechanism. The generation of any discourse form can be viewed from four dimensions-discourse thoughts, discourse elements, discourse representation, and discourse strategy, which correspond to four semiotic issues, namely semiotic concepts, semiotic resources, semiotic narrative, and semiotic rhetoric. Based on this, this article integrates the perspectives of semiotics and rhetoric, and builds an analytical framework that takes discourse thoughts, discourse elements, discourse representation, and discourse strategy as main points.
    In general, in the dimension of discourse thoughts, the discourse about the community for the Chinese nation has formed a semiotic concept system whose core content is about identity consciousness, values, and interests. In addition to theoretical concepts condensing the key meaning, the semiotic concept system also includes relevant concepts and empirical concepts that are used to support and interpret the key meaning. These three kinds of concepts jointly outline the discourse about the community for the Chinese nation. In the dimension of discourse elements, the system of semiotic resources of the discourse about the community for the Chinese nation is embodied primarily in the story resources bearing the meaning of corresponding semiotic concepts, including stories taking unity, culture, and progress as the topics. The stories support the discourse construction of the community for the Chinese nation severally from the aspects of identity consciousness, values, and interests. In the dimension of discourse representation, following two basic paths of rhetoric-identification by sympathy and identification by antithesis, the discourse about the community for the Chinese nation has formed two narrative patterns-the narrative with sympathy and the narrative with antithesis. Respectively with emotional and conflictual narrative language, these two narrative patterns could strengthen the public's identification towards the community for the Chinese nation. In the dimension of discourse strategy, the system of semiotic rhetoric of the discourse about the community for the Chinese nation is mainly developed along the two aspects of metaphor and articulation: the former tends to concretize the community for the Chinese nation that is an abstraction, while the latter focuses on placing the discourse about the community for the Chinese nation into the mainstream discourse network, so as to firm the public's cognitive mode about the community for the Chinese nation.
  • BAI Yingjie
    Jinan Journal. 2023, 45(11): 24-34. https://doi.org/10.11778/j.jnxb.20230701
    Li Xiangjun is one of the most important female characters in Chinese opera in The Peach Blossom Fan. There are three theories in the study of Li Xiangjun's image, namely the mainstream “patriotic female hero” theory, the “symbol of sex” theory, and the “identity” theory of American sinologists Stephen Owen and Tina Lu. Both the “patriotic female hero” theory and the “identity” theory value the “human nature” and “character will” embodied in Li Xiangjun's image, neglecting its “symbolicity” and “author's will”. In the theory of “sexual symbols”, the interpretation of Li Xiangjun's “symbolism” is limited to the relationship between sex and political struggle, and has not yet been fully explained. In terms of the essence of the character images in the text and the “fable” characteristics of legendary opera, the image of Li Xiangjun should be regarded as a symbol.
    This article starts from the “symbolism” of the image of Li Xiangjun, and explores the unique conception and profound ideas in this image from three aspects: Dan character, identity, and symbol. The first part extends the textual research approach of the theory of the “patriotic heroine” and discusses the fact that the image of Li Xiangjun is different from the four common types of Dan characters in legendary historical dramas. It not only has its character prototype, but also extensively draws on the protagonist image characteristics of romantic dramas, immortal dramas, historical dramas, and ethical dramas. In order to use this image as a spokesperson for the distinction between gentlemen and villains, the author modified the prototype character's name and personality, and set up the “Peach Blossom Fan” as her identity symbol. Against the backdrop of the symbol, Li Xiangjun's image embodies a unique spirit of both chastity and charm. The second part inherits the “identity” perspective of the “identity” theory. However, from the perspective of “author's will”, this part argues that The Peach Blossom Fan inherits the “cursing technique” from Hou Fangyu's Answering to Tian Zhongcheng, and uses Li Xiangjun's prostitute identity to curse Ma and Ruan's wicked clique. Li Xiangjun's “victory” over Ma and Ruan's wicked clique played an important role in balancing the proportion of justice's victory and defeat and regulating the atmosphere of the entire drama. The third part develops the theory of “sexual symbols”, and argues that the “love of separation” in the play is not an independent theme, but an auxiliary and supplementary aspect of the “sense of rise and fall”. The Peach Blossom Fan uses the imagery of Hou Li's “wedding” and the Tiantai “Peach Blossom Land” to point out that the relationship between Hou and Li is full of “emotion” and “desire”, and in the play, the emperor is captured, making it difficult for the two of them to follow the common “routine” of the emperor's given marriage in the legend. Taoist priest Zhang's cutting off Hou and Li's Romance did not hinder the normal union between couples, but symbolized the severing of the “emotions” and “desires” of scholars. Through this unconventional ending, the author reveals that the main reason for the downfall of the country in the drama is the excessive pursuit of “emotions” and “desires” by scholars, neglecting the normal satisfaction of the country for “emotions” and “desires”, ultimately making the individual fail to realize the “emotions” and “desires”.
    Finally, this article believes that Li Xiangjun's “symbolism” reflects the text's application of symbols beyond as “emblem” and “instrument”, as well as the creative inheritance of previous texts. It also fully utilizes the combination relationship between symbols, which has important enlightening significance for us to break through the “human nature” of interpreting character images, and expand the broader space for text interpretation.
  • PENG Zhongyao
    Jinan Journal. 2024, 46(4): 55-69. https://doi.org/10.11778/j.jnxb.20231155
    Given the holistic, shared, and public nature of the marine ecological environment, the theoretical basis for government claims for damage to the marine ecological environment should return to the framework of public law to seek a reasonable explanation. Based on this, it can be classified as a new form of the exercise of public rights with “public law nature and private law operation”. In terms of its regulatory approach, China should combine the development trend of national institutional reform and take the opportunity of the implementation of the revised Marine Environmental Protection Law in 2023 to establish a “decentralized supervision + centralized claims” authority operation mode in the field of marine environmental protection, clarify the exercise rules of “priority of administrative supervision, supplemented by compensation litigation”, and achieve effective linkages among multiple claim subjects such as government departments, procuratorial organs, and environmental organizations.
    It must be acknowledged that in recent years, the establishment and development of China's relief mechanism for marine ecological environment damage led by government claims have improved the effectiveness of national marine environmental governance. However, it should also be recognized that this new mechanism of “public law nature and private law operation” is not the best solution for China's marine environmental public welfare maintenance. In fact, whether it is a marine ecological environment damage compensation lawsuit filed by government departments, or a marine environment civil public interest lawsuit filed by procuratorial organs or environmental organizations, they are all manifestations of marine environmental justice. For marine environmental protection, justice is only one link and component. Compared to administrative supervision, the efficiency of judicial relief is relatively lower. China's marine ecological environment damage relief work should prioritize relying on more efficient and flexible administrative regulatory power, while the civil claim right centered on judicial trial should adhere to the principle of “no complaint, no response”, as the “last line of defense” for marine environmental public welfare maintenance. This is the most efficient and pragmatic choice for China's marine environmental legal practice.
    Therefore, in the context of the implementation of the newly revised Marine Environmental Protection Law in China, relevant academic research should focus on the shortcomings of the current relief mechanism led by government claims in terms of conceptual application and legal basis, and ultimately return to the perspective of public law to carry out corresponding normative construction and theoretical exploration of the relief mechanism for marine ecological environment damage.
  • LI Weibing, CHEN Siyuan
    Jinan Journal. 2023, 45(11): 114-132. https://doi.org/10.11778/j.jnxb.20231110
    With the increasing intensity of climate change, the impacts caused by climate change are receiving more attention. As agricultural production is directly related to climate conditions, most scholars have investigated the profound effects of climate change on agriculture. In fact, industrial production is inevitably affected by climate change as well, but unfortunately, research in this area is relatively scarce. Only few studies have focused on the perspective of enterprise production, and there is rare exploration of the impact of climate change on micro-enterprises from the perspective of site selection.
    In order to expand the research perspective of existing literature, this paper uses Chinese meteorological data, Chinese industrial enterprise data, and relevant data from China City Statistical Yearbook to conduct in-depth analysis of the impact of temperature change on enterprise site selection decisions. Specifically, this paper adopts the methods of Hsiang (2010) and Deryugina and Hsiang (2014) to construct two variables, quarterly average temperature and temperature box, to measure temperature change. In addition, this paper examines the impact of extreme temperature on enterprise site selection decisions by using daily maximum temperature data to construct the variable of extreme temperature days. Then, referring to the method of Zhou Hao and Chen Yi (2013), the variable of newly established enterprises is constructed using the “year of establishment” information in Chinese industrial enterprise data, in order to measure enterprise site selection decisions. The study finds that enterprise site selection decisions are significantly influenced by temperature change. For example, an increase in average temperatures during summer and autumn and a decrease in average temperatures during winter would significantly reduce the number of newly established enterprises in the local area, and an increase in extreme temperature days would also have a significant negative impact on the number of newly established enterprises in the local area. Moreover, this impact varies by ownership type, industry type, and the level of economic development and temperature volatility. The mechanism test results indicate that temperature change primarily affects enterprise site selection decisions through two pathways: reducing the quantity and quality of labor supply in the region and enhancing environmental regulation.
    Compared with previous literature, this paper expands in several aspects: Firstly, it enriches the relevant literature on factors influencing enterprise site selection decisions. The existing literature mostly focuses on studying the factors influencing enterprise site selection decisions from the perspective of the enterprise itself or the external economic environment, with little attention to the influence of external climate factors on enterprise site selection decisions. This paper focuses on the climate change for in-depth research. Secondly, it complements the relevant research on the economic impacts of climate change. The existing research mostly analyzes it from the perspective of the overall economy or enterprise production. Yet no literature covers how climate change affects enterprise site selection decisions. This paper provides beneficial supplementation in this regard. Thirdly, it comprehensively constructs indicators to measure temperature change. This paper constructs three indicators (including quarterly average temperature, temperature box, and extreme temperature) to measure temperature change, which can accurately identify the impact of temperature change on enterprise site selection decisions.
    The research in this paper to a certain extent confirms that climate change will have a significant impact on the economy. For industrial enterprises, climate change will affect not only the production of existing enterprises, but also the site selection decisions of new enterprises. Therefore, it is urgent to address the issue of climate change. This paper provides empirical evidence for local governments to formulate climate change policies tailored to local conditions, which helps to raise awareness of government departments in dealing with the impacts of climate change.
  • ZHOU Hao, LI Jianbin
    Jinan Journal. 2023, 45(9): 54-68. https://doi.org/10.11778/j.jnxb.20230744
    The technological and industrial transformations in China have played a significant role in advancing the development of the digital economy. In order to further improve the quality of digital economy development, it is vital to prioritize digital innovation and strengthen key technological capabilities. However, there is a dearth of literature that examines the digital economy development from an innovation perspective, particularly in the context of China's digital technology innovation. This lack of research creates difficulties in fully understanding the latest trends, advantages, and drawbacks of China's digital technology innovation.    This study utilizes the IncoPat global patent database, as well as the Statistical Classification of Digital Economy and Its Core Industries (2021) and Reference Table of International Patent Classification and National Economic Industry Classification (2018) to identify the patent data of the core industries of the digital economy in China. Drawing on Huang et al. (2023) and Tao et al. (2023), this study then calculates the scale of patent activities in the core industries of the digital economy in China from 1994 to 2020 and analyzes its temporal and spatial evolution characteristics and applicant characteristics. The results show that: 1) patent applications in China's core industries of the digital economy have generally increased over time, though growth rates and authorization rates have declined in recent years. 2) Digital product manufacturing leads in the number of patent applications. Additionally, there are notable regional differences in patent applications for the core industries of the digital economy, with the Beijing-Tianjin-Hebei, Yangtze River Delta, and Pearl River Delta urban agglomerations catching up to each other in digital patent activities. 3) Finally, the subjects of digital technology innovation are primarily technology-based manufacturing companies and Internet companies, with both inventor numbers and team sizes increasing significantly.    This paper expands upon previous literature in two significant ways. Firstly, it delves into the characteristics and facts pertaining to patent activities in China's digital economy core industries, examining them from both a temporal and spatial perspective. Secondly, by exploring the behavioral characteristics of patent activities in these core industries, with a focus on innovation subjects, this paper can help to determine the innovation orientation and effectiveness of digital technology development.    This paper presents insightful findings on the innovation activities in China's digital economy, highlighting key challenges and opportunities. These insights can inform government policy-making and facilitate the effective implementation of digital technology innovation. Moreover, by leveraging the new wave of scientific and technological revolution and promoting the quality transformation of economic development, China can achieve high-quality growth in the digital economy.
  • Jinan Journal. 2024, 46(5): 46-56.
    金融市场基础设施规制内嵌于金融规制的范畴,包括金融市场基础设施的规范体系和规则实践。金融市场基础设施的规范体系涵盖国际层面的“软法”规则、区域层面以欧盟为代表的区域规则、国内层面的立法规范以及自律性机构发布的特定金融市场基础设施自律性规范。金融市场基础设施的规则实践则体现为国际标准制定机构“软法"规则的指导价值、欧盟法律规范在成员国直接适用或转化实施的协调统一、各国金融监管当局为落实金融市场基础设施立法规范出台的具体监管规则以及各国国内自律性规范的具象价值。站在宏观审慎监管和强化风险防范的视角,我们需要对金融市场基础设施的规范体系和规则实践进行统筹布局。统筹金融市场基础设施规制,一方面要建构统一协调的金融市场基础设施规范体系,另一方面要探索张弛有度的金融市场基础设施规则实践。
  • YANG Yinan, WEI Song
    Jinan Journal. 2024, 46(1): 112-127. https://doi.org/10.11778/j.jnxb.20230008
    In the report to the 20th National Congress of the Communist Party of China, it was pointed out that the great achievements of the new era are achieved through the joint efforts of the Party and the people. Struggle is the foundation of personal development, the prerequisite for achieving the expected social status, and the driving force for economic and social development. It is also a strong driving force for national development and social civilization progress. However, whether an individual's efforts can achieve the expected goals, in addition to personal factors, will be influenced by family factors, society and systems. In reality, facing social structure limitations and external survival pressures, there is a “lying flat” lifestyle that many young people tend to retreat, not compete, and not seize opportunities. Is personal “hard work” still useful? Whether we can achieve higher social status through “hard work”? Answering this question well has very important practical value.
    This paper examines the contribution of personal effort, an individual self-induced factor, to the acquisition of social status and its realization path. The estimation results of the path model based on the China Labor Force Dynamic Survey (CLDS) data show that individual efforts have a significantly positive impact on the acquisition of social status, including direct promotion effect, and also mediating channels such as going to college, joining the Party, starting a business, and working in institutions within the system, which reflects that China's social structure has a mobility mechanism or channel for the upward mobility. The robustness test is carried out by using instrumental variables, replacing explanatory variables, and adding more control variables, and the above results are supported. The empirical results also show that the role of “hard work” is still less than the social status of the parents, but the marginal return of “hard work” is higher. Further dividing the sample into four generations, namely, before 60, after 60, after 70, and after 80, the changes in inter group coefficients and the significance test results of their differences show that the role of “hard work” is rising, while the role of parental social status is weakening, reflecting the trend of rising intergenerational mobility in China; and efforts have a greater impact on families at the bottom of society.
    In short, individual efforts have significantly improved social status and promoted social mobility, but from a macro perspective, the political, economic, and cultural systems that play a leading role are also influencing the degree and direction of social mobility. Although the role of family factors behind individuals in social mobility and class crossing is decreasing, they are still relatively strong. How to eradicate or weaken the institutional factors that lead to social solidification still requires a long-term process. Therefore, China still needs to accelerate the reform of the social system, completely eliminate the institutional obstacles that restrict social mobility and social equity, establish and improve market rules for fair competition, provide equal development opportunities for all sectors of society, ensure that the general public can improve their social status through efforts, thereby stimulating the people's spirit of struggle and providing strong spiritual driving power for economic growth and social development.
  • LIU Jinshan, DU Lin
    Jinan Journal. 2024, 46(4): 151-164. https://doi.org/10.11778/j.jnxb.20231123
    To accelerate the establishment of a “dual circulation” development pattern in which domestic economic cycle plays a leading role while international economic cycle remains its extension and supplement is the internal requirement for China to face the new situation of international environmental changes and domestic development to enter a new stage. Now it is important to build a new development paradigm featuring dual circulation in China with a comparative vision of macro history. However, there are few studies on the interaction between domestic and international circulation in major countries from a historical perspective, especially research to compare which cycle patterns dominate in different historical periods and different economic sizes and the reasons.
    By analyzing changes in economic structure and international status before and after major historical events in China and the US, this paper sorts out the evolution paths of domestic and international circulation of them, and finds that the main line of economic development in China is to promote international circulation through domestic circulation. Before 1840, domestic circulation played an important role, and the tributary system defined the standard of international trade; between 1840 and 1949, it was passively drawn into international circulation; between 1949 and 1978, domestic circulation played an important role; between 1978 and 2018, it was initiatively drawn into the international circulation; since 2018, China entered a period in which the domestic circulation dominated. The main line of economic development in the US is to promote domestic circulation through international circulation. Between 1776 and 1860, international circulation played an important role; between 1776 and 1930s, domestic circulation played an important role; between 1933 and 2017, international circulation played an important role and the US led the General Agreement on Tariffs and Trade (GATT) and the WTO; since 2017, the domestic circulation played an important role. Now, probably for the first but not for the last time in history, China and the US enter a period in which domestic circulation plays an important role which influences international circulation profoundly.
    This paper expands on previous literature in the following two aspects. Firstly, from the perspective of history, it systematically sorts out the evolution path of economic circulation in China since ancient times and in the US since its independence. Secondly, it clarifies the dynamic adjustment process and interaction process of the domestic and international circulation at different stages, and studies the main circulation in each period. This paper shows the historical evolution of the domestic and international circulation in China and the US and provides empirical enlightenment for the theoretical and logical research on the new development pattern.
  • LIU Zhinan
    Jinan Journal. 2024, 46(4): 97-112. https://doi.org/10.11778/j.jnxb.20240237
    Reducing internal control deficiencies is a crucial approach to enhancing the quality of enterprise internal control. Digital transformation has become a strategic transformation for enterprises to adapt to digital development, which will inevitably have a widespread and profound impact on corporate internal control deficiencies. However, existing literature exploring the reduction of internal control deficiencies from the perspective of digital transformation is scarce, especially lacking in revealing the mechanisms by which digital transformation suppresses internal control deficiencies, as well as in-depth studies on the differences caused by various digital technologies and governance structures.
    This article selects China's A-share listed companies from 2011 to 2021 as research samples, utilizing the CSMAR database and the DIB Internal Control and Risk Management Database. It adopts research methods in Wu et al. (2021) to examine the impact of digital transformation on corporate internal control deficiencies. The empirical study shows that digital transformation can significantly suppress corporate internal control deficiencies. Further research shows that digital transformation suppresses internal control deficiencies by alleviating information asymmetry and reducing agency problems. Technologies such as big data, cloud computing, blockchain, and artificial intelligence can significantly curb internal control deficiencies, but business model transformation does not significantly suppress internal control deficiencies. Moreover, there are heterogeneous impacts present depending on whether the chairman and general manager positions are combined, the number of female independent directors, and the degree of market competition.
    Compared to previous literature, this article makes extensions in three aspects. Firstly, it expands the perspective of studying the impact of digital transformation on business management activities, enriching existing literature concerning digital transformation's impact on enterprise operations from a new perspective. Secondly, unlike existing literature that focuses on factors reducing internal control deficiencies from the perspectives of corporate governance and accounting information quality, this article examines the impact of digital transformation on internal control deficiencies and empirically tests the mechanisms of digital transformation's impact and the heterogeneous effects of corporate governance characteristics. Thirdly, it deepens research on digital transformation suppressing internal control deficiencies, further exploring the impact mechanisms of different digital technologies on internal control deficiencies.
    This article explains the internal logic of how digital transformation suppresses corporate internal control deficiencies, helping enterprises to suppress internal control deficiencies through digital transformation and continuously enhancing the suppressive effect of digital transformation on internal control deficiencies during organizational structure adjustment and optimization of corporate governance. It also helps government departments promote digital transformation integrated with internal control systems under the goals of digital economy development, guiding enterprises to enhance the quality of internal control.
  • XU Guodong
    Jinan Journal. 2023, 45(9): 12-28. https://doi.org/10.11778/j.jnxb.20231146
    The independence of family law from civil law is a worldwide trend of thought and legislative practice with a long history, which is incarnated in the Muslim law model, the Soviet Russian model, and the Latin American model in this regard. Among the reasons that advocate this independence are the theory of family law is only life law, the theory of family law has nothing to do with national economy, the theory of family law is public law, and the theory of family law is social law, etc. From the point of view of method of independence, there are four types, namely that of family law getting its independence by itself, that of family law getting its independence with inheritance law, that of family law getting its independence with some institutions of personal law, and family law getting its independence with family procedure law. China once adopted the Soviet-Russian model. In terms of legislation, China adopted the model of family law getting its independence by itself, and in terms of legal education, China adopted the model of family law getting its independence with inheritance law. In 2020, the China's Civil Code incorporated the family law, expressing the legislator's disapproval of the above-mentioned reasons for the independence of family law. The reason of the disapproval is that the independent of family law is a mistake. Different independent reasons constitute different errors. But the particularity of family law must be recognized. It is a law for the protection of the vulnerable rather than a law between equal subjects. In this field, it is a wise choice to replace the principle of equality with the principle of solidarity.
  • LIU Jingqi
    Jinan Journal. 2023, 45(10): 87-100. https://doi.org/10.11778/j.jnxb.20230758
    When it comes to the urban commercial housing residential community, we can use the “community decline” to summarize some commercial housing community facing the governance disorder and community dilapidated phenomenon. Why is the community irreparable to decline? What is the root cause of the “community decline”? This needs to be explained theoretically. The decline of the community is a generalization of the governance performance of the commercial housing community. From the perspective of the governance subject, properly handling the relationship between the government, the market and the society is the key issue in the practice of public affairs governance. From the perspective of the governance object, there is a relatively large correlation between the nature of public affairs and the performance of public governance. From the perspective of governance object, this research focuses on “how the nature of public affairs affects the performance of community governance”, and explores how the nature of public affairs affects the rise and fall of the community by acting on the actions of the owners.
    Starting from the maintainability of community public affairs, this paper establishes the evaluation of community public affairs governance performance standard, namely the rise-and-fall line of community, and establishes the important indicators of community governance order starting from the threshold effect of collective action, namely the basic operation line. Theoretically speaking, only when the community governance basic operation line is higher than or close to the the rise-and-fall line, the community will not decay. It is found that there exists the correlation between public nature and governance performance, and the public governance affairs of commercial housing community belong to the comprehensive affairs. Due to the threshold effect of collective action, and a need of elasticity of public affairs, against the background of the structure differentiation of public affairs, there is a structural gap between the management level that owner collective action can achieve and the governance level for prosperity that the community can achieve, thus forming the governance trap, which is the root of residential community decay. It is derived from the public governance nature of community governance performance.
    Compared with the previous literature, this paper promotes the research on the governance of public affairs in the community from the nature of public affairs in the community. First, it establishes the criteria for evaluating the governance performance of public affairs in the community from the maintenability of public affairs in the community. Second, by combining the nature of public affairs in the community, including demand elasticity and scope of involvement, with the collective actions of the owners, it establishes the correlation between the nature of public affairs and the performance of public governance and also explains the decline of the community from the perspective of the nature of public affairs.
    This paper reveals the micro basis of the operation of public governance affairs and provides a supplement for related research. This paper mainly emphasizes that the nature of public affairs is the basic variable that affects the governance performance of public affairs, and the nature of public affairs requires the governance performance of public affairs through the behavior and interaction of the governance subject.
  • LI Dan
    Jinan Journal. 2023, 45(7): 45-57. https://doi.org/10.11778/j.jnxb.20203168
    The behavior of false evaluation of online transactions is manifested in three forms: luring evaluation, false evaluation, and malicious defamation. In the judicial practice of regulating the false evaluation of online transactions, the Anti-unfair Competition Law (hereinafter referred to as “the Law”) has three different ideas: applying the general terms alone, applying the specific terms separately, and applying the two types of terms in a mixed way. However, due to the uncertainty of the general terms and the limitations of the specific terms of the Law, different courts have greater contradictions and conflicts in the logic of law application, which is likely to lead to the consequences of different judgments in similar cases. Therefore, the purpose of the Law to regulate the false evaluation of online transactions cannot be fulfilled. Based on the consideration of the regulation system of the abuse of consumer evaluation rights and the reasonable order of the multiple objectives protected by the Law, it is still necessary and reasonable for the Law to regulate the false evaluation behavior of online transactions, but its regulation is faced with the dilemma of uncertain logic of behavior type standards, unbalanced behavior subjects and their responsibilities, and the lack of direct protection mechanism for consumer rights and interests. To solve this dilemma, the first step is to achieve case standardization, typification attempts, and legal transformation of the regulation of false evaluation behavior in online transactions. By organizing and classifying numerous case norms based on the typification of false evaluation behavior in online transactions, we can achieve typification standards for similar types of cases, clarify logical standards for defining behavior, and overcome the subjectivity and non universality issues of concretizing general terms; Secondly, expand the scope of the subject of responsibility, include individuals who implement or assist in the implementation of false evaluation of unfair competition in online transactions into the scope of the subject of responsibility, and punish and stop them from implementing false evaluation of online transactions by clarifying their responsibilities. Finally, the establishment of an online consumer service center under the State Administration for Market Regulation can intervene in disputes between consumers and businesses regarding false evaluation of online transactions, increase consumer confidence and strength in safeguarding their rights, and establish a direct protection mechanism for the overall interests of consumers.
  • HUANG Xijiang
    Jinan Journal. 2024, 46(2): 107-125. https://doi.org/10.11778/j.jnxb.20212338
    Multiple documents of the Communist Party of China (CPC) and the state advocate for strong protection of intellectual property rights, and explicitly state punitive damages for intellectual property rights.From the Civil Code to the amendments of the Copyright Law, the Patent Law, and the Trademark Law, and then to judicial interpretations on punitive damages for intellectual property, the punitive nature of intellectual property has evolved from scratch, becoming more refined and operational.As such an important new system, legal doctrine should connect the relationship between the Civil Code and intellectual property and its separate laws, and clarify the relationship between the new law and the old law, and between supplementary and punitive damages.
    This article adopts a normative analysis method to start with the concept of damage, and combines with the function of punitive damages to clarify the specific connotation of punitive damages. It is damages compensation made by the court beyond compensatory compensation, in addition to the traditional principle of “filling” in civil law.Punitive compensation for intellectual property is a very special private punishment system. The Civil Code founds punitive compensation for intellectual property, which innovates the traditional compensatory compensation and has multiple functions such as punishment, deterrence, and prevention. At the same time, this article adopts historical and comparative analysis methods to trace and compare the changes in punitive damages between the civil law system and the European and American legal systems.In the context of the integration of legal systems, punitive damages for intellectual property in China are not only in accord with international trends but also closely related to reality, solving intellectual property problems and contributing to the protection of intellectual property in China.Compared with the compensatory compensation for the victim and the former, the punitive compensation of intellectual property rights isfuture-oriented and focuses on the tortfeasor and others. It emphasize the negativelegal evaluation of the deliberate subject and serious circumstances of the tortfeasor. When calculating specifically, punitive damages for intellectual property rights can be used in conjunction with criminal fines and administrative fines, with independence and priority, and hold the balance of punishment and restriction based on compensatory compensation for more than double and less than fivefold.
    Compared with previous articles, the innovations of this article lie in the following aspects.Firstly, it traces the origin, and clarifies the particularity of punitive damages for intellectual property rights, as well as their independence and priority under multiple legal responsibilities. It is believed that when punitive damages for intellectual property rights overlap with criminal fines and administrative fines, they can be applied independently and preferentially. The specific calculation basis for punitive damages for intellectual property rights is compensatory compensation, which includes statutory compensation but cannot exceed a limit of five times.
    This article not only elaborates on the connotation of punitive damages for intellectual property rights, but also clarifies its specific calculation rules based on the concept, further deepening the theoretical understanding of punitive damages for intellectual property rights. More importantly, it helps to solve multiple legal responsibilities, calculation standards, compensation limits and other issues in judicial practice, which has certain theoretical, practical and social significance.
  • ZHU Hongqiang, LIU Xinyu
    Jinan Journal. 2023, 45(7): 116-132. https://doi.org/10.11778/j.jnxb.20230054
    As journalism has traditionally emphasized the journalistic norms such as “authenticity”, “objectivity”, and “fairness”, the power of “emotion” is often underestimated. However, with the advancement of media technology and social media, the expressions of emotion permeate the digital news ecology, affecting the way how information is circulated and the cultural norms of the entire society. Thus, the studies of “emotion” have been increasingly attracted by the scholarship due to the impact of digital news on information accessibility and visibility, which has significantly influenced the social and emotional realms. However, due to the lack of epistemological mapping, the understanding of emotion remains elusive in the international journalism studies for the domestic scholars. Against this background, the study seeks to provide a clear picture about the research trends of emotions in digital news studies, which may be insightful and inspiring for the domestic scholarship.
    Adopting bibliometric and thematic analysis methods, we selected the top five news journals (in terms of the impact factor ranking) from the SSCI database in the field of journalism and communication as our data. Conducting a machine combined manual analysis of 353 English papers themed around the domain of “emotion,” we delve into the publication trends and the spatiotemporal distribution of research and extract specific aspects and prominent topics within the realm of emotional research in the news, providing concrete elaboration and analysis. Our findings suggest that international journalism research on “emotion” exhibits a diversity of methodologies and topics. However, it lacks a comprehensive theoretical frame of universally explanatory power and a systematic approach. Currently, research on “emotion” in international scholarship can be categorized into three aspects: the production of emotions in the content, emotional dissemination in circulation, and emotional space in communication. In the digital news ecology, characterized by a “rhizoidal structure,” “emotion” can both dismantle and reconstruct the discourse system and values of traditional journalism and challenge the legitimacy of inherent norms simultaneously.
    Taking “emotion” as a dimensional perspective within the scope of digital news research facilitates the exploration of novel paradigms in traditional journalism studies. This article presents a comprehensive overview of the status quo of journalism studies in the international context to provide a framework for examining emotions in news and enlightens the ideas of “emotion” research in local journalism. With the advent of the “technological new world,” the development of digital news shows a trend of “discretization and atomization”. It is also pertinent to engage in discussions regarding the contribution of emotions to the “public value” of news and their interconnectedness with the socio-emotional structure.
  • YANG Zhian, HU Bo
    Jinan Journal. 2024, 46(2): 88-106. https://doi.org/10.11778/j.jnxb.20231126
    As the economic basis for the government to carry out activities and give full play to its functions, local fiscal absorption capacity is directly related to regional development and construction and the effect of government governance. However, at this stage, the triple pressure of “demand contraction, supply shock and expected weakening” are constantly highlighted, which makes the improvement of local fiscal absorption capacity face great difficulties. In recent years, the rapid development of all kinds of new digital formats has broken the spatio-temporal conditions on which conventional production and lifestyle depend, so that it may have an empowering effect on local fiscal absorption capacitywhile promoting economic scale and quality improvement.However, there are few studies focusing on the empowering effect of digital economy on fiscal absorption ability. Existing research on tax revenue and fiscal revenue is only one aspect of the evaluation system of fiscal absorption ability, which cannot fully reflect the health and ability of fiscal revenue absorption, and lacks the analysis of the possible spatial correlation and nonlinear relationship between them.
    Based on the panel data of 30 provincial-level regions in China from 2007 to 2020, this paper constructs an index system to comprehensively measure the local fiscal absorption capacity, and empirically tests the spatial effect, regional heterogeneity and threshold characteristics of the digital economy on the improvement of local fiscal absorption capacity by using the spatial Dobbin and threshold model. The results show that the digital economy not only directly empowers local fiscal absorption capacity, but also has a positive spatial spillover effect on the fiscal absorption capacity of neighboring areas. The direct effect of digital economy on fiscal absorption capacity is significant in the eastern and central regions, but notsignificant in the western region, and the spatial spillover effect is only significant in the eastern region. Metcalfe's law is established in the promotion of local fiscal absorption capacity by digital economy. The higher the development level of regional digital economy, the greater the promotion of fiscal absorption capacity. Fiscal decentralization also has a threshold effect in the relationship between the two. The higher the degree of decentralization, the greater the empowering effect of digital economy on local fiscal absorption capacity.
    Compared with previous literature, the possible marginal contributions of this paper are as follows.Firstly, based on the spatial matrix of different attributes such as geographical distance and economic distance, this paper identifies the spatial interaction strategy of government'sfiscal absorption between regions. Secondly, this paper builds a spatial Dobbin model to empirically test the spatial effect of digital economy empowering local finance to improve its absorptive capacity, and discuss the regional heterogeneity. Thirdly, the threshold model is constructed to test the nonlinear characteristics of digital economy's influence on fiscal absorption capacity under different levels of digital economy and fiscal decentralization, which not only expands research on fiscal effect of digital economy, but also provides new methods and perspectives for improving local fiscal absorption capacity.
    This paper reveals the internal logic that digital economy can enhance local fiscal absorption capacity from the perspective of spatial effect and threshold characteristics, and provides policy enlightenment for further improving the development of digital economy and realizing the coordinated improvement of local neighboring governments' fiscal absorption capacity.It is helpful for local governments to seize the development opportunity of digital economy, build high-quality and sustainable financial resources, standardize their own fiscal absorption behavior, improve the efficiency and efforts of fiscal revenue collection and management, and then better achieve stable financial operation under the triple pressure of “demand contraction, supply shock, and weakening expectations”, thus providing guarantees for regional development and government governance.
  • HUANG Jiqiang, QI Yu
    Jinan Journal. 2023, 45(12): 55-67. https://doi.org/10.11778/j.jnxb.20230974
    In the context of tightening resource constraints, severe environmental pollution, and ecosystem degradation, the directive to “vigorously promote the construction of ecological civilization” was initiated by the 18th National Congress of the CPC in 2012 from a fresh historical starting point. A crucial aspect of ecological civilization construction lies in not only excelling in ecological development and environmental protection, but also seamlessly integrating these endeavors with economic progress. Thus, achieving a harmonious balance between environmental preservation and economic growth emerges as a strategic imperative for advancing ecological civilization while charting a course for China's sustainable development and modern governance. The enactment of the Environmental Protection Tax Law of the People's Republic of China, commonly known as the “Environmental Protection Tax,” on December 25, 2016, and its official implementation on January 1, 2018, mark a significant stride towards safeguarding and enhancing the environment, curbing pollutant emissions, fostering ecological civilization, and realizing sustained economic development.
    This research utilizes fiscal revenue tools to examine panel data from 285 cities across 30 Chinese provinces between 2014 and 2020. It investigates the impact of environmental protection tax on regional economic growth within the context of ecological civilization construction using a difference-in-differences model. The study's empirical findings highlight that the environmental protection tax contributes to meeting economic growth targets within the framework of ecological civilization, significantly fostering regional economic advancement. Robustness tests consistently validate this conclusion. The research identifies increased investment in scientific and technological innovation, the optimization and upgrading of industrial structures, and the rising demand for labor as primary drivers behind environmental protection tax's role in boosting economic growth and fortifying ecological civilization development. Further exploration reveals that the environmental protection tax effectively curbs pollutant emissions, fostering a harmonious coalescence of environmental preservation and economic advancement.
    This paper's distinctive contributions lie in three areas. Firstly, it employs a difference-in-differences model, mitigating issues of reverse causal endogeneity and enhancing result accuracy. Secondly, it delves into the effects of the newly implemented environmental protection tax policy of 2018 on macroeconomic growth, enriching the existing research. Thirdly, it investigates the macro-mechanisms of the environmental protection tax on economic growth, with a focus on scientific and technological innovation, industrial structure, and labor demand, thereby furnishing a pathway for shaping environmental protection tax policies to bolster macroeconomic growth.
    The study's implications are multifold: First and foremost, it calls for continually refining the environmental protection tax laws and reinforcing the enforcement supervision, with an aim to effectively implement environmental protection tax policies, promote ecological civilization, and seamlessly integrate environmental protection with economic growth. Secondly, it stresses the need for policies to back the green technology innovation, continual adjustments of industrial structure, and optimization of labor supply to foster an industrial setup characterized by high scientific and technological content, reduced resource consumption, and minimized environmental impact. Thirdly, it emphasizes the establishment of a strategic policy for the coordinated development of environmental governance and industrial structure, advocating a green industrial structure development system, innovation-guided strategies, the development of emerging industrial clusters, and the injection of vitality into the construction of a green economic system, among other measures aimed at nurturing clean industries and propelling economic development and transformation.
  • XIA Xiaoxiong
    Jinan Journal. 2023, 45(11): 47-60. https://doi.org/10.11778/j.jnxb.20221928
    In the process of improving China's private law legislation, there has been controversy in the theoretical and practical circles about the legislation of the Commercial Code. There are two main reasons for opposing the enactment of a commercial code: first, there is no need to formulate a commercial code when the civil code adopts the combination model of civil and commercial law; second, with the occurrence of the “decodification” movement, special commercial legislation has been increasing and play an important role, and the commercial Code has lost its “central position” and “due functions”.
    From the perspective of comparative legal, it will be found that countries that adopt combination model are considering “re-commercialization” of commercial law to solve the shortcomings of the unified civil code in regulating commercial relations. Italian scholars emphasized the need to transcend the normative system framework established by the Italian Civil Code in 1942 and promote the formation of a new commercial law system by researching and establishing new concepts, new responsibilities, and new systems, especially the interpretation of “commercial law as corporate law” from the theoretical logic and the systematic approach. The commercial law system after the process of “re-commercialization” should have its own independent principles and methods. Under the private law system, the commercial law should have equal status with civil law; In order to overcome the shortcomings of the 2002 Civil Code in the regulation of commercial relations, Brazilian academic circles put forward the idea of “enacting a new commercial code” soon after the enactment of the Civil Code. After years of preparation, the draft of the Commercial Code has been submitted to the legislative body for review. The Commercial Code legislation aims to enhance the certainty of commercial law rules, promote the modernization of the commercial legal system, confirm the functions of commercial customs and autonomous norms, simplify the legal rules for business operations, and enhance the international level of the Brazilian commercial law system.
    Countries that have adopted the separation model of civil and commercial law have “re-codified” commercial law. For example, France has re-codified its commercial code, Austria has enacted a corporate code, Belgium has enacted an economic code, and Spain has also submitted a new commercial code to the legislative body. These countries hope to sort out commercial law norms by restructuring the commercial code, so that the commercial law system can fully respond to the needs of commercial practice. Of course, the legislature has updated the concept of codification, believing that all commercial law norms should not be incorporated into the Commercial Code, and the fundamental task of the Commercial Code legislation is to reconstruct the commercial law system, establish principle norms, and update the composition of the system. There is no conflict between the Commercial Code and special commercial legislation, and both are jointly committed to the comprehensive regulation of commercial relations. The contemporary empirical investigation of the “re-commercialization” and “re-codification” of commercial law has important reference significance for the improvement of China's commercial law system.
  • CHEN Wansha
    Jinan Journal. 2024, 46(2): 20-37. https://doi.org/10.11778/j.jnxb.20230975
    At present, in the process of modernization, China has put forward the goal of promoting the modernization of the national governance system and governance capacity. Rural governance is an important part of national governance. How to promote the modernization of rural governance is an important issue that policy and academic circles are thinking about. National practice mainly promotes the transformation of rural governance through administrative system construction, with government administrative departments as the carrier, service provision as the concept, and resource input as the basis. Previous studies mainly understood it from the perspective of the relationship between the state and society or the relationship between administration and autonomy. In fact, rural governance is simultaneously shaped by township Party committees, township governments and village society, so it is necessary to jump out of the dual perspectives of state and society or administration and autonomy, clarify the governance relationship among political parties, government and village society, and explore the practical mechanism and realistic path for political parties to lead and promote the modernization of rural governance through Party building.
    Some existing studies are institutional summaries based on empirical cases, and other studies are normative discussions in the framework of comparative politics. None of them can effectively answer how Party building guides grassroots governance at the theoretical level. Based on the field investigation experience of “Party building+” grassroots Party building innovation in Yantai, Shandong Province in July 2019, this paper uses the theoretical analysis, takes the functional perspective of political party governance,and sorts out the governance relationship among political parties, government and village society. It finds that political parties can bridge the tension between administration and autonomy, and provide political leadership and mechanism innovation for the government; andpolitical partiescan also provide political guidance to society, feed back the actual situation and needs of society to the administrative system, and optimize government policies and policy implementation. The important path for political parties to exert their governance effectiveness lies in the guidance of party building, and the grassroots party building also puts more emphasis on governance and service functions. By giving play to the flexibility and complex characteristics of the Party organization to carry out organizational innovation, follow the fundamental purpose of serving the people, innovate the way of implementing the Party's mass line of work and the Party's political training and transformation mechanisms, Party building promotes the modernization of the rural governance system and capacity from the four aspects of governance structure, governance concept, governance mode and governance subject.
    Different from existing studies, this paper no longer discusses the organizational mechanism of the innovative work of “Party building+” as the starting point of analysis from the perspective of Party building research, but in the context of the modernization of Chinese rural governance. Combining theories and cases, the paper deduces the “tripartite integration” of rural governance structure led by Party building, summarizes the specific mechanism and general path of the modernization of rural governance led by Party building, and then enriches the understanding of the specific practical mechanism and theoretical construction of the political party's participation in rural governance and social transformation, as well as the specific practical mechanism and theoretical construction of the governance function through the construction of political party organizations.
    This paper combines theoreticaland practical experience to provide a path guided by Party building for promoting the modernization of rural governance in the future, and responds to the grand issue of the modernization of Chinese rural governance, which is conducive to guiding the practice of grassroots Party building leading rural governance, and provides a feasible direction for the innovation of future Party building.
  • SUN Daocui
    Jinan Journal. 2024, 46(2): 126-148. https://doi.org/10.11778/j.jnxb.20221937
    The risk society and the cyber age have shown an embedded and integrated development trend, and the social form of cyberspace has also changed the way of existence of the real physical society. Against this background, criminal law is faced with the major problem of managing cybercrime. However, with the deep evolution of cybercrime in theory and practice, existing literature lacks the micro-deconstruction and macro-construction of the theory and system of network criminal law.
    This paper takes the development of network criminal law as a starting point, and carries out paradigm research, theoretical tracing, value interpretation and path optimization for network criminal law. After the conventional criminal law system encountered cybercrime forms, it was often tired of responding to cybercrime forms, and preventive legislation with legitimacy thus appeared, launching the transformation of criminal law driven by cybercrime.The criminal law legislation in the cyber era remains active, but compared with conventional criminal law, the theoretical foundation of networkcriminal law is still unstable. The evolution ofnetwork criminal law is the gradual manifestation of the reality under the joint action of the development of cyber society and the outbreak of cybercrime; and the social thinking of cyberspace which emphasizes the “difference” with the conventional criminal law is the cornerstone of network criminal law, which gives rise to rich criminal law significance. The network criminal law theory should be composed of new categories such as the relative priority of the value of cyber security based on effective guarantee of network freedom, the dominance of network security as legal interests and the transformation of the task of criminal law, and the inherent awakening and prudent application of preventive criminal law.The migration of criminal law knowledge is gradual, and cybercrime, cyber-accusation and cyber-sanctions can be used as a reference “motherboard” for the generation of basic knowledge categories of network criminal law, and a network criminal code can be created in the future on the basis of the abandonment of the conventional criminal code, so as to achieve the creative and legislative solidification of the knowledge structure in a gradual manner.
    Compared with previous papers, this paper generates knowledge increment in the following aspects. Firstly, unlikeresearch of cybercrime andnetwork criminal law based on conventional criminal law, this paper combines the concepts of order value, legal benefit and criminal law to explain the ontology of network criminal law, tracing back the roots of the past, actively looking forward to the future, and constructing a programme based on the present situation. Secondly, the theories in this paper are both practice-oriented and originated from practice. Starting from examining the current status of legislation both inside and outside the region, this paper analyzes the law, foundation, attributes, value and significance of network criminal law, and it is proposed that the thinking of cyber social space is the premise and foundation for the improvement of legislation and theoretical system of network criminal law, which solves the problem, activates the application of the existing provisions, and dissolves the tensions in the era.
    This paper takes into account the research paradigm at bothmacro and micro levels, which strengthens the weaknesses of existing research on network criminal law, and helps the future criminal law to conform to the in-depth development of the cyber era. It also provides sources for the construction of cyber-related crime system and interpretation of individual crimes, and strongly promotes the theoretical transformation, the improvement of legislation and theoptimizationof practice of the criminal law in the cyber era.
  • ZHOU Ruijue
    Jinan Journal. 2024, 46(2): 149-164. https://doi.org/10.11778/j.jnxb.20230809
    In modern society, the popularization and application of network communication technology has reshaped social structure and social relations, but it has also produced post-modern social risks-cybersecurity risks. Diversified governance tools such as law, technology, and market have become the core elements of current cybersecurity governance. Under the guidance of market governance, cybersecurity loss insurance has gradually received attention, and policies such as theOpinions on Promoting the Standardized and Healthy Development of Cyber Security Insurancewere released one after another. However, most of existing studies discuss issues such as risk insurability and insurance product design from an insurance perspective. In particular, there is a lack of specialized research at the legal system level on matters that are prone to legal disputes such as the scope of loss compensation for this type of insurance.
    Since there are no judicial cases on cybersecurity loss insurance in China, this article uses judicial cases in the United States, where cybersecurity loss insurance is relatively developed, as an argument to analyze the U.S. courts' decisions on the purpose of insurance contracts, determination of insurance liability, and determination of the scope of cybersecurity losses. In addition, this article, based on the practical characteristics of cyber security losses,compares them with the concept of loss in traditional civil law theory. From this point of view, all cyber security economic losses at the factual level do not certainly belong to the basic scope of loss compensation in insurance law. According to the basic division of “actual losses” and “reasonable expenses”, the loss compensation logic followed by cybersecurity loss insurance is actually based on “limited compensation”, and its ideal “supplementary” effect is to compensate for the difference in operating capacity before and after the occurrence of cybersecurity incidents and the difference in actual economic profits.
    Compared with existing research, this article conducts a specialized analysis of two common types of security losses-business interruption losses and cyber extortion, and makes an expanded discussion on their corresponding insurance liabilities. First, for business interruption losses,insurance liability is limited to cybersecurity failures that the insured cannot effectively handle. As business interruption losses are in the nature of profit losses, the prerequisite for cybersecurity loss insurance to compensate for such losses is that the losses are caused or expanded due to reasons within the scope of liability of the main insurance clauses. Second, for losses such as cyber extortion, the assumption of insurance liability is based on the premise that “paying the ransom is the best way to avoid the expansion of losses”. Moreover, after the insured fulfills its notification obligation in a timely manner, the data to be protected by paying the ransom should be the data held hostage by the cyber extortion attack.
    This article reveals the compensation function of cybersecurity loss insurance for various types of cybersecurity losses, which helps to reduce legal disputes about the insurance liability clauses of this type of insurance in the practical pilot of cybersecurity loss insurance and realize the loss of cybersecurity insurance. The filling function is connected with the functions of the current cybersecurity legal system.
  • LI Shixian
    Jinan Journal. 2024, 46(1): 97-111. https://doi.org/10.11778/j.jnxb.20230773
    The dispute settlement mechanism is one of the pillars of the effective operation of the WTO. However, with the profound changes in the global landscape, the inherent shortcomings of the WTO dispute settlement mechanism have become increasingly apparent, especially in the Dispute Settlement Body (DSB), which has fallen into an unprecedented crisis due to the shutdown of the Appellate Body. As the most extensive regional trade agreement (RTA) in the world, RCEP's dispute settlement mechanism is highly distinctive and innovative. The study on it has important practical significance for the reform of the WTO dispute resolution mechanism.
    This article reveals the following characteristics and innovations of the RCEP dispute resolution mechanism through comparative research: achieving a final decision through organizational structure innovation to ensure the effectiveness and efficiency of the dispute resolution mechanism; attaching great importance to the transparency of dispute resolution rules and procedures; the unique openness, strict independence, and high professionalism of panel members; excluding Non-Violation Complaints from the scope of application; stipulating “Choice of Forum” clause to resolve active conflicts of jurisdiction in dispute; innovating the mechanism for third parties participation in dispute settlement procedures; and the practicality of special and differential treatment clauses. On this basis, this article combines the research methods of sociology of law, jurisprudence of value, and normative law to demonstrate how the characteristics and innovations of the RCEP dispute settlement mechanism can become a reference for the reform of the WTO dispute settlement mechanism, that is, the social foundation of the WTO and RCEP are similar; the inherent value of dispute resolution mechanisms is compatible; and the rule basis of dispute resolution mechanisms has commonality.
    Based on the current crisis faced by the WTO dispute settlement mechanism, this article believes that the WTO can fully draw on the inherent value orientation and specific rule innovation of the RCEP dispute settlement mechanism, and carry out the reform of the dispute settlement mechanism from the following aspects.First, it can make improving efficiency the primary value of the reform; Second, improving the transparency of dispute resolution rules and procedures will be an important goal of the reform; Third, restructuring the DSU with the expert group as the core requires not only leveraging the role of the appellate body, but also regulating and constraining its function and power, and improving the relationship between the appellate body and the expert group; Fourth, it should pragmatically reform the special and differential treatment system, not blindly pursue high standards, provide preferential treatment for the least developed members, and help them better integrate into the integrated world trade system.
    This article not only reveals the characteristics and innovations of the RCEP dispute settlement mechanism compared withthat of the WTO, but more importantly, it comprehensively applies the methods of sociology of law, jurisprudence of value, and normative law to explain theoretically why the innovation of the RCEP dispute settlement mechanism has enlightening significance for the reform of the WTO dispute settlement mechanism. Based on this, this article proposes specific reform plans, making beneficial explorations for the reform of the WTO dispute settlement mechanism.
  • SHAN Jingqun, LIN Shi, CHEN Chuanglian
    Jinan Journal. 2023, 45(12): 92-109. https://doi.org/10.11778/j.jnxb.20230036
    In recent years, economic growth of China has continued to decline, and the macro leverage ratio has climbed again, becoming a huge resistance of the national economic recovery and financial stability. Against this background, how to accurately exert its monetary policy to achieve stable economic growth, reduce inflation and macro leverage risks, is the core goal of China's macro-control department. The existing literature basically studies the asymmetric macroeconomic effects of monetary policies from the perspectives of different impact directions and degrees, different economic development and macroeconomic policy stages. However, there are few studies on the asymmetric region effect of monetary policy in different economic growth target stages from the perspective of macro leverage cycle. What's more, the research of further deepening research from the perspective of the government leverage cycles, corporate leverage cycles, and households leverage cycles is even more scarce.
    Selecting data from the first quarter of our country from 1996 to the second quarter of 2022, and adopting the non-linear logic smooth transition vector autoregressive model on the basis of the construction of the monetary policy model system, this article studies the macroeconomic effects of monetary policy under different macro leverage cycles and the leverage effect in different economic growth states. The results show that the impact of monetary policy in different impact directions on economic growth and inflation is weak, and asymmetry is significant in the state of different macro leverage cycles, and the impact of high macro leverage is stronger. Under different impact directions and different economic growth states, the macro leverage effects of monetary policy are non-symmetrical, and the loose monetary policy effects in the low economic growth period are stronger. Compared with the three departments, the impact of monetary policy on the corporate leverage cycle is the strongest, the impact of the households leverage cycle is the most long-lasting, and the asymmetry in different economic growth state is also the most significant. Compared with the two types of monetary policies, it is also found that the relatively price-oriented effect is more effective.
    Compared with previous documents, this article has made marginal contributions in the following three aspects: First of all, the macro leveraged cycle and stock index gap factors are introduced into the monetary policy model system, and the comprehensive non-linear monetary policy model system is established, which includes the monetary policy, economic growth, inflation rate, stock index gap, and stock index gaps and macro leverage cycle. Secondly, this paper expands the non-linear LSTVAR model with leverage cycle as the threshold, identifies the period of leverage increase and deleveraging in China, and adds to the research on the asymmetric effects of price and quantitative monetary policies on economic growth and inflation under different leverage cycle regions. Thirdly, macro leverage is divided into enterprise leverage, government leverage and household leverage, and from the new perspective of structural leverage cycle, the asymmetric effects of price and quantitative monetary policies on enterprise, government and household leverage cycle under the two-region system of high and low economic growth rate are further discussed.
    The research of this paper is a useful supplement and perfection to the existing macro-control theory of monetary policy, which is not only helpful to identify the impact of the central bank's loose or tight price and quantitative monetary policies on macro leverage and structural leverage, but also identify the effectiveness of monetary policy and structural deleveraging that changes and adjusts in real time with the economic growth situation. It provides important decision-making basis for the future policy authorities to flexibly and accurately regulate monetary policy, so as to achieve macroeconomic policy objectives.
  • TAO Hui
    Jinan Journal. 2023, 45(10): 14-22. https://doi.org/10.11778/j.jnxb.20230607
    Han Yu, a famous scholar in the Tang Dynasty, is an important banner of the movement of revival of Confucianism in the Northern Song Dynasty. His Confucian and literary theories received high attention from the scholar-officials of the Song Dynasty and his personal image was also reshaped and idealized, which is particularly evident in the New Book of Tang. Unlike the Old Book of Tang, in which Han Yu was only regarded as one of the literary figures of the middle Tang Dynasty, the New Book of Tang deliberately emphasizes Han Yu's central position in culture in terms of its arrangement and expression. Regarding the obvious “Han Yu worship” tendency in the New Book of Tang, previous scholars have mainly focused on the “Classical Prose Movement” of the Northern Song Dynasty, believing that the emphasis on Han Yu in the New Book of Tang primarily represents the stance of the ancient prose writers of the Song Dynasty. However, it is worth noting that the author of the biographies section of the New Book of Tang, Song Qi, was a latecomer to the Xikun School and did not actively participate in the “Classical Prose Movement”. His literary ideas were quite different from those of contemporary ancient prose writers. Therefore, there is still a need to reexamine the relationship between the “Han Yu worship” tendency in the New Book of Tang and the “Classical Prose Movement” of the Northern Song Dynasty.
    This article adopts a research method that involves detailed analysis of the text and comparative analysis of historical materials to uncover the literary historical information hidden behind the documents. Taking the New Book of Tang as a starting point, it aims to reassess the multidimensional aspects of literary thought in the Northern Song Dynasty by examining the process of establishing Han Yu's literary position in the Northern Song Dynasty. From the content of the text, the Biography of Han Yu in the New Book of Tang extensively embellishes the image of Han Yu, which was somewhat mixed in the Old Book of Tang. It highlights his noble and steadfast moral character and deliberately portrays Han Yu as the “literary master of the Tang Dynasty”. This constructive writing, similar to the admiration of Han Yu by advocates of the “Classical Prose Movement” at the time, essentially aims to rebuild a social and cultural order with Confucianism at its core. This was a prevalent trend among the literati and scholar-officials in the early and middle periods of the Northern Song Dynasty. However, from the perspective of literary evaluation, influenced by the personal literary ideas of the biographer Song Qi, who sought novelty and uniqueness, the New Book of Tang mainly praises Han Yu's innovative spirit of presenting new ideas and discarding old ones, without paying much attention to his ancient prose. It even intentionally downplays the discussion of Han Yu's literary style, diluting his opposition to the vernacular and his preference for the ancient style. This distinguishes him from the contemporary literary figures of the revivalist school and makes it inappropriate to consider him as a representative of the literary ideas of the ancient prose writers of the Northern Song Dynasty.
    Therefore, the previous interpretation of the Han Yu worship tendency in the New Book of Tang as part of the Classical Prose Movement of the Northern Song Dynasty is not accurate. The evaluation of Han Yu's literary achievements in the New Book of Tang can be seen as another voice of “Han Yu worship” in the literary world of the early and middle periods of the Northern Song Dynasty. During this period, the literary world witnessed a polyphonic symphony with the revival of Confucianism as its main theme, rather than a “solo performance” by a particular school. Focusing solely on the main melody of the “Classical Prose Movement” in the history of literature may overshadow the other harmonies. This is something we should not overlook when observing the panoramic view of the literary world of the Northern Song Dynasty.
  • JI Dejun
    Jinan Journal. 2024, 46(1): 16-31. https://doi.org/10.11778/j.jnxb.20231127
    Inthe eraof Late Qing of China, with the rise of the bourgeois reform movement and the democratic revolution, novels were regarded as a powerful tool for the salvation of the nation, receiving unprecedented attention.Representatives of the reformist faction, such as Liang Qichao, believed that using “new novels” to transmit “knowledge abroad” and enlighten the minds of the people was the most effective way for the “new citizen”. In this context, the translation and dissemination of new novels and knowledge became a trend of the times.
    During this period, the literary world witnessed the emergence of novel genres that had never existed in Chinese literary history, such as political novels, social novels, philosophical novels, adventure novels, maritime novels, science fiction, detective novels, military novels, idealistic novels, business novels, educational novels, and family novels. They continuously conveyed unfamiliar and fascinating knowledge to Chinese readers, including political constitutionalism, exotic wonders, scientific fantasies, detective reasoning, industrial salvation of the nation, autonomous marriage, women's rights and education, and educational reform. This broadened the readers' horizons and provided them with a wealth of new perspectives.
    In the process of selectively translating novels abroad, the new novelists often preferred to interweave the depiction of stories abroad with commentary on the Chinese realities to carry out satirical reflections on the current situation, or had modifications and expansions of the translated novels to make them more conducive to awakening their compatriots. As for their original works, these novelists tended to choose foreign characters and stories as the thematic content of their novels. Through narrating the stories of foreign characters, they aimed to guide and inspire the Chinese audience. Alternatively, in domestic-themed novels, they may incorporate elements of overseas cultures, recount the experience or adventures of characters in foreign lands, and explore advanced technological and cultural concepts to broaden the knowledge horizons of their fellow countrymen.
    The dissemination of new knowledge abroad through “new novels” not only expanded the knowledge horizons and structures of the Chinese people but also effectively transformed their political awareness and patriotic sentiments. Concepts such as “reform”, “improvement”, “constitutionalism”, “autocracy”, “equality”, “freedom”, “human rights”, “democracy”, “republicanism”, “revolution”, “women's rights” and “science” were crucial new ideas and thoughts that, to a large extent, gradually gained acceptance among the general population through the transmission of “new novels”. This, in turn, influenced their mentality and behavior.In this sense, the widespread dissemination of new knowledgeand ideas by “new novels” can be considered a prelude to the voices of “democracy” and “science” advocated by the New Culture Movement.
    From the perspective of literary development, the transmission of new knowledge abroad by “new novels” not only endowed Chinese fiction with a modern thematic essence but also expanded the domains of novel genres and narrative art. This infusion brought about various novel and unfamiliar experiences for readers, effectively rejuvenating traditional novel concepts and promoting the modern transformation of Chinese novels. Moreover, it exerted an undeniable influence on the literary revolution of the May Fourth Movement.
    Therefore, the transmission of new knowledge abroad through “new novels” indeed, to a certain extent, enlightened the intellectual and emotional consciousness of the Chinese people. It facilitated the social changes and literary transformation in modern China, nourished the New Culture Movement, and heralded the advent of the modern literary revolution.
  • CHI Leiming
    Jinan Journal. 2024, 46(4): 14-28. https://doi.org/10.11778/j.jnxb.20231422
    In the era of globalization, some new immigrant writers choose to travel frequently between their hometown and their new home, and their works often choose Chinese themes. The academia's understanding of new immigrant writers and their works has gradually focused on the “Chinese story” and the “de-diaspora” phenomenon. However, this new change does not mean a change in aesthetic poetics. This article focuses on the novel Aftershock to gain a glimpse of the development context and cross-cultural representation of narrative poetics of “interlaced time and space” in Zhang Ling's novel.
    This article takes an overall look at Zhang Ling's creative trajectory and believes that the novella Aftershock, written in 2006, is a new in-depth point after Search. This deepening is specifically reflected in the structural existence of the novel character Wolfer and the shaping of the symbiotic relationship between Wang Xiaodeng and Li Yuanni.
    The main points of this article are twofold. Firstly, the real “inertia” in Zhang Ling's creation does not lie in the “other's perspective”, but in the “intertwined” interaction between the Western other and the Eastern self; and the temporal “interlacing” of the past and the present and the spatial “interlacing” of hometown and new home together constitute the poetic connotation of “interlacing of time and space”. Secondly, whether it is the intertwined state of cultural identities of the “other self” or the “worldliness” that encompasses cultural translation and multiple cultural perspectives, they all refer to the cross-cultural context and are presented in dimensions of the creative subject and the textual experience. Additionally, the cross-cultural context is also the most essential poetic connotation of Zhang Ling's “staggered time and space” narrative structure.
    Through a comparative analysis with the movie Aftershock, it can be concluded that Wolfer's weakening of the plot and his “strengthening” of the structure foreshadow a new feature of the narrative poetics paradigm in Zhang Ling's novels, that is, the cultural experience of othering gradually fades out of the plot and becomes a structural hidden existence outside the plot narrative of the text. The duality of the discrete living experience of the creative subject will still endow the text with the narrative poetics of “staggered time and space” and its inherent cross-cultural context. However, the othering experience in the text, or the “new home” narrative, has been transformed from the character level to the implicit author level.
    In addition, this article believes that from the perspective of the theme of salvation, Zhang Ling constructed the “symbiotic relationship” between mother and daughter in dimensions of spirit, form, and nature. In a cross-cultural context, the vital and constructive symbiotic process of mother and daughter from fragmentation to reconstruction, trauma to healing, gives Wang Xiaodeng's “departure-return-departure” immigration and separation trajectory a space for meaning generation.
    It can be said that starting from Aftershock, Zhang Ling began to push the narrative poetics of “staggered time and space” to a new level, that is, “homeland-new home” and “departure-return” are no longer one-way relationships, but are in a two-way relationship. In the interactive relationship, the cross-cultural representation path of “inter-interpretations” fed back by the origin of the hometown and the new home is deduced, and this “two-way interaction” breaks through the shackles of the plot. In Zhang Ling's emotional and aesthetic pursuit of returning to the homeland, an implicit structural narrative feature of “beyond the story” was gradually formed.
  • TANG Yu, LIU Zhe
    Jinan Journal. 2023, 45(12): 42-54. https://doi.org/10.11778/j.jnxb.20231052
    In the process of fighting against pollution and promoting ecological civilization construction, the environmental law enforcement system (ELES) is an important institutional arrangement that plays a pivotal role. While the established literature analyses the value theory and practical application of ELES, it lacks a holistic grasp of the historical situation of ELES, as well as a deeper analysis of this process. Chinese government established the environmental monitoring network and monitoring system based on sanitary and epidemiological stations in 1972. China central government implemented the comprehensive administrative law enforcement reform of ecological environmental protection in 2018. In more than 50 years, China's ELES has undergone changes from 0 to 1. In general, what stages of development has China's ELES gone through? What kind of morphological characteristics have emerged in this process? What is the mechanism of institutional change? Sorting out the historical trajectory of ELES's reform and grasping the evolutionary characteristics and multiple logics of institutional change are not only conducive to deepening the cognition of the development history of China's environmental regulatory system, but also conducive to clarifying the direction of the future evolution of ELES.
    Based on the analysis of China ELES's policies and events and from three dimensions of institutional setup, functional configuration, and management system, this study divides ELES into four stages, namely, waste management in the period of exploration, environmental supervision in the period of development, environmental surveillance in the period of gradual adjustment, and environmental law enforcement in the period of innovation and perfection. In this regard, ELES shows the characteristics of strengthening supervision and promoting comprehensive law enforcement in the main line of reform. The reform process is featured with the evolution “from intermittent to balanced”; the reform mode is featured with a combination of imposed changes and induced changes; the reform trend is featured with professionalization, independence, and legalization. Based on the new analytical framework of “social situation — participant network — institutional system”, it is argued that the external intervention of social situation, the internal game of participant network, and the structural influence of institutional system constitute the multiple logics of the evolution of ELES.
    Compared with previous literature, this paper makes contributions in two aspects. First, unlike existing studies that generally adopt a single western theory to analyze institutional change, this study starts from the practical experience of China's ELES reform, and then constructs a new analysis framework by absorbing the key points of policy network theory and historical institutionalism theory, which is conducive to expanding the knowledge boundaries of research on institutional change. Secondly, by combing law policies and analyzing historical events, this paper summarizes the trajectory, characteristics and logics of ELES reform, and responds in detail to the questions of what development stages ELES has gone through, what kind of evolution characteristics it has had, and why it has gone through the evolutions. These findings are conducive to grasping the historical appearance and future direction of the reform of ELES in a holistic way.
    This study clarifies, to a certain extent, the process of institutional change in China's ELES and its mechanism. It will help the central government further improve the top-level institutional design of ELES, perform well in the “second half” of ELES reform, and at the same time, contribute to the global environmental governance with China's experience and Chinese wisdom.
  • YU Chengyuan
    Jinan Journal. 2023, 45(9): 29-41. https://doi.org/10.11778/j.jnxb.20230595
    When the husband and wife get divorced, the parents' capital contribution should not directly determine the ownership of the property purchased by the contribution. The ownership of capital contribution and the ownership of housing property rights are two different legal issues, which should be judged separately. In this process, the rules of Article 1062 and Article 1063 of the Civil Code should be applied repeatedly, without resorting to the rules similar to Article 7 of the previous Judicial Interpretation of the Marriage Law (Ⅲ) to identify the ownership of housing property rights. The judgment of the ownership of capital contribution should be based on the interpretation of the intention and the legal property system of the husband and wife. When the parties' agreement is unclear, the act of capital contribution is a gift rather than a loan, because the repayment obligation of the children cannot be explained from the behavior of the parties. When determining the attribution of the gift, the time when the gift occurred is the key factor in the judgment: if the gift was made before the marriage of the husband and wife, it is a gift to the natural children of the donor, and it belongs to the personal property of the husband and wife; if made after the marriage of the husband and wife, it is a gift to both husband and wife, and belongs to the joint property of the husband and wife. However, it should be noted that the above rules are only preliminary rules of presumption applied when the true meaning of the expression of intention cannot be ascertained. When there are other elements worth considering, the interpreter should investigate the true meaning of the expression of intention by integrating all the elements. On the issue of the attribution of housing property rights, the binary structure of “capital” and “property” has brought about a fundamental change in the perspective of observation: The court does not need to directly examine the issue of “whether the house purchased by the parents is the common property of the husband and wife or the personal property of one of the spouses”, but will solve the issue of the ownership of the capital contribution at the level of the interpretation of the intention, and in the issue of the ownership of the house property, only need to consider “whether the house purchased by the husband and wife before or after the marriage is the common property of the husband and wife or the personal property of the husband and wife”. The solution of the latter is no longer directly related to the meaning of parents, but purely belongs to the legal property system of marriage.
  • ZHOU Jianqing, LONG Yin
    Jinan Journal. 2023, 45(7): 58-68. https://doi.org/10.11778/j.jnxb.20222086
    As an important part of social governance, cyberspace governance also requires the participation of multiple subjects, such as the government, enterprises, and social organizations. As a quasi-social organization, cyber associations, with their strong spontaneity and hotspot gathering characteristics, are effective in participating in the governance of cyberspace. However, the existing studies have preliminarily explored the governance paths of cyber associations' participation in cyberspace governance, but they lack a typological perspective of analyzing the types and characteristics of cyber associations' participation in cyberspace governance, a rising level of theoretical condensation, and an explanatory framework for the comparison of differences between types and transformation mechanisms.
    Drawing on the theories of spontaneity and embeddedness, this paper constructs a logic of “theoretical foundation-typology-case comparison-difference transformation.” Based on the core attributes of network associations: spontaneity (the motivation to participate) and embeddedness (the government's collaboration to participate), we classify different types of network associations' participation in cyberspace governance into collaborative, spontaneous and autonomous, and government intervention. We found that the above three types of participation showed differences in participation tendency, governance mechanism, salient features and improvement goals through the analysis of the corresponding “A2N” volunteer group, the Science Popularization of New Zealand Earthquake by Zhihu, and China Internet Joint Disinformation Platform as empirical cases. And there is a dynamic change between the types, thus constructing a progressive transformation mechanism between the participation types: a double nested cycle of internal and external, converting types between pairs, not from the collaborative and cooperative type directly to the two-way de-embedded type, but from the progressive transformation of either spontaneity or embeddedness. The whole transformation logic presents as a transformation pattern of “from one divided into two to two combined into one”.
    Compared with the existing studies, this paper expands on the following two aspects: First, it divides the modes of participation of online associations in cyberspace governance from a typological perspective, expanding the theoretical boundaries of previous studies on the participation of online associations in governance from the dual dimensions of spontaneity and embeddedness. Second, on the basis of the typological division, we analyze the differentiated features between types and construct a progressive transformation mechanism between participation types: a double nested cycle of internal and external, which expands the existing literature limited to a specific study of a certain type and provides an overall explanatory framework for the dynamic transformation between types.
    The research in this paper reveals, to a certain extent, the inner logic of the classification of cyber associations' participation in cyberspace governance types and their transformation mechanisms, which helps cyber associations better realize effective participation in governance. The path of cyber associations' participation in cyberspace governance should move toward the collaborative and cooperative participation type of government-society linkage. Network associations should maintain spontaneous participation and seek positive behaviors of participation from both sides, promote orderly development and explore the path of survival of participation from adsorption, and implement government-society interaction and seek effective paths of governance from embedding.
  • ZHANG Jiahua
    Jinan Journal. 2023, 45(12): 68-80. https://doi.org/10.11778/j.jnxb.20231115
    In the digital age, the economic value and security value of data are becoming more and more prominent, and the traditional society of real transactions between people has gradually evolved into a network society centered on the information and data of the Internet. While the dynamic flow of Data realizes its value, the security risks in each link also increase exponentially. Although China's Data Security Law clearly stipulates that data processing includes data collection, storage, use, processing, transmission, provision, disclosure and other links, the Criminal Law mostly focuses on the acquisition and provision of data, and still lacks strong regulations on other mobile links such as collection, storage, use, transmission, and disclosure. At the same time, although China's criminal legislation continues to regulate by expanding charges, it remains to be seen whether this “fragmented” protection can respond to the country's requirements for data rights protection. Therefore, it is urgent to research and construct a criminal governance system to protect data security. While fully leveraging the value attributes of the existing legal system, the targeted legislation should be made to reshape the blank areas of criminal law regulation, in order to efficiently, normatively, and comprehensively address the risks and hidden dangers of dynamic data flow in the digital age. However, existing literature has limited research on this issue.
    This paper focuses on the problems in the dynamic flow of data and explores the criminal governance path throughout the entire process of data dynamic flow. Based on the determination of legal interests in data crimes, this study aims to reshape the criminal governance system of data dynamic flow in response to the logic of data dynamic flow risks. The repeated exchange and aggregation of “raw data” into valuable “Big Data” has led to deficiencies in the existing criminal legal system in terms of conceptual boundaries, behavioral regulation, object scope, and legal interest protection due to the novelty, complexity, and variability of data. The protection of data in the Criminal Law is not based on the code logic behind the data, but on the specific legal interests of the data. The legal interests infringed upon by data crimes are easily overlapped or confused with those infringed upon by crimes, such as infringing on personal information of citizens, infringing on trade secrets, and virtual property. The data itself as a carrier is significantly different from the information content it reflects. The guarantee of data integrity, confidentiality, and availability, which is included in data security, has become a legal interest in data crime protection. The unique non consumption, diversity, magnanimity, and value of data form exclusive legal interests independent of traditional criminal offenses.
    Regarding the improvement path of the criminal governance system for dynamic data flow in the digital age, this article suggests adding the crime of “infringing on data security”, which fully covers the entire lifecycle of data from generation to destruction, to cover the entire process of dynamic flow. For example, the illegal collection, processing, transmission, use, and destruction of Data are considered as constituent elements of the crime of “infringing on Data security”, in order to maximize the protection of data security interests, Simultaneously constructing a dual protection system for public and private interests in the dynamic flow of data, clarifying the circumstances of data crimes to balance data innovation, and strengthening criminal governance for cross-border data flow.
  • WAN Yifang, HUANG Wenbin
    Jinan Journal. 2024, 46(2): 67-87. https://doi.org/10.11778/j.jnxb.20231147
    Common prosperity is an essential requirement for socialism and a notable feature of the Chinese modernization. Common prosperity not only aims to achieve overall economic well-being, but also seeks to promote balanced development between urban and rural areas, and between different regions. The coordinated regional development, which is crucial for China's economic growth, is unattainable without effective coordination among regional governments. An “effective government” may efficiently utilize the economic guiding, monitoring, and early warning functions of a regional government based on market rules and market mechanisms. It utilizes strategies such as planning and investment to effectively organize local economic development resources, thus promoting the comprehensive, scientific, and sustainable growth of the entire country. Therefore, the examination of the effective governments in coordinated regional development has important practical and theoretical significance.
    This article examines the role of local governments in coordinated regional development and its optimizationfrom the perspective of local fiscal expenditures. First, a spatial general equilibrium model incorporating government sectors is developed in accordance with Tombe and Zhu (2019) and Fajgelbaum et al. (2019), in order to illustrate the mechanism by which local fiscal expenditures influence regional economic inequality. Next, the model parameters and variables are adjusted using provincial data in 2015 as a reference point. Subsequently, an evaluation is conducted to determine the effect of changes in local fiscal expenditures from 2000 to 2015 on regional economic inequality, and its mechanism of action on a regional, provincial, and national scale. Lastly, the optimization of the scale and the composition of local fiscal expenditures in the context of coordinated regional development are investigated using counterfactual simulation.
    The results show that: (1) The fluctuations in local fiscal expenditures from 2000 to 2015, as analyzed through the spatial general equilibrium, contributed to the reduction of the regional economic gap. However, when trade costs and population mobility are not considered, it is argued that the regional economic gap can be widened. (2) The marginaleffect of the composition of fiscal expenditure on regional economic inequality is greater than that of the scale of fiscal expenditure. By decreasing trade and mobility costs, the effectiveness of fiscal expenditures can be improved. (3) The optimization of fiscal expenditure structure, when compared with expenditure scale, not only facilitates coordinated regional development but also enhances total economic output.
    The study highlights several policy implications. Firstly, it emphasizes the need to evaluate the impact of local fiscal expenditures using a general equilibrium approach. Secondly, it points out the crucial role of local fiscal expenditures in promotingcoordinatedregional development and achieving common prosperity. Lastly, it suggests that optimizing local fiscal expenditures can enhance labor allocation efficiency, facilitate smooth commodity trade, and contribute to the establishment of a unified national market.
    This article extends existing research by focusing on the following aspects. (1) It examines how local government's role as an effective government can actively contribute to the coordinated regional development through fiscal expenditures. (2) It analyzes and compares the effects of local fiscal expenditures within the frameworks of partial equilibrium and general equilibrium, which highlights the importance of using a spatial general equilibrium model to evaluate local fiscal policies. (3) It discusses the optimization of the size and composition of local fiscal expenditures to achieve coordinated regional development, and finds that optimizing the fiscal expenditure structure can reduce regional economic inequality while promoting economic growth, thus reaching the balance of both fairness and efficiency.
  • YAN Qingyu
    Jinan Journal. 2024, 46(1): 32-46. https://doi.org/10.11778/j.jnxb.20231129
    The relationship between emotion and leaning was a major topic in the poetic circle during Mid-Qing Dynasty (Qian-Jia period), which has been discussed extensively. With an approach combining philology and poetics, this article takes the compilation and publication of Huang Jingren'speotry as a case study, to investigate the interpersonal contacts and poetic interaction of Mid-Qing poetic circle.
    HuicunShichao (悔存诗钞) edited by Weng Fanggang is the first collection of Huang Jingren's poetry. Weng's purpose was to unfold Huang's innate character through strictly selecting Jingren's poetry, and his editing standard was to exclude sentimental and complaining poems. Wang's editing was a poetic practice reflecting his opinion about scholarly poetry and a specific example of the interaction between scholarly poetry and poetical poetry. The criticism of Hong Liangji and the differences in selecting poetry by Bi Yuan and Wang Chang reflected the disputes among different principles in Mid-Qing poetic circle and the divergences of WengFanggang, BiYuan, WangChang and others in terms of poetic concepts such as learning and emotion. Therefore, the issue of editing and publishing exhibited the dialogue and confrontation among different poetic principles in the Mid-Qing poetic circle.
    Weng Fanggang's editing is a typical case of poetic debate about emotion and learning during Mid-Qing period. This article focuses on investigating the process of compilation and publication, and the related interpersonal contacts, and specially analyzing the reasons for deleting poems, to demonstrate the disagreements and disputes of mainstream poetics. The main contribution of this article in research of Qing poetics is to establish a research path from textual criticism to poetics, combining critical study of poetry collection with discussion of poetic concepts, and exploring macroscopic mainstream poetics from the perspective of specific literary events.