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  • LIN Shengdong, LI Yue
    Jinan Journal. 2024, 46(11): 16-28. https://doi.org/10.11778/j.jnxb.20241810
    The Third Plenary Session of the 20th Central Committee of the Communist Party of China (CPC) proposed to explore the effective mechanism of the integration of culture and technology, and build the identification system for Chinese civilization. With the increasing revival of traditional culture, more diverse traditional literary and artistic works show increasingly strong publicity in the process of adapting to contemporary technology and life, thus inspiring new vitality and social and cultural values under the contemporary aesthetic vision. As a classic Chinese literary work, Journey to the West has been interpreted by modern creators in various forms such as film and television series, animation, and games, and has become the most dynamic and popular classic literary IP at present. Recently, the new derivative of Journey to the West, the domestic game Black Myth: Wukong has not only set off a boom in China, but also aroused “Wukong enthusiasm” overseas, showing the profound charm of Chinese classic literature works and the cultural confidence of Chinese people in the new era.
    The modernization of Chinese classic literature has a profound historical background. The evolution of media technology has put forward requirements for the modernization of Chinese classic literary works. The author selected Journey to the West original (literature, Ming Dynasty), Journey to the West (TV series, 1986), A Chinese Odyssey (film, 1994), Black Myth: Wukong (game, 2024), and other materials to make a comparative analysis through reading and experiencing.
    The findings are as follows. First, context shift has become a new premise for the modernization of traditional literary works. Modern presentation needs to break away from the traditional cultural context, incorporate its cultural expression into the modern context, take modern people's common sense of life and social background as the expression basis, speak the ancient things through the mouths of modern people, and express their views from the perspective of modern people. Second, narrative cross-layer has become the main means of modern presentation of classic literary works. The evolution of modern media technology, whether it is games or movies, is more realistic from a limited perspective. Narration blurs the boundary between story and reality and narrows the distance between them. Third, content innovation has become the key to the re-creation of classic literary works. Whether the traditional works can be re-created in the modern presentation depends on the ingenious use of the original narrative framework, the appropriate adaptation of some content of the story, and whether it conforms to the contemporary aesthetic. The content innovation of classical literary works must meet the needs of modern life and solve the current social problems. Fourth, technology enables modern presentation and international communication. Three-dimensional reading based on the multiple presentations of audiovisual languages deconstructs the content of traditional literary works and gives them new forms. From two-dimensional plane to three-dimensional media differences, integration, and innovation, media products with more concrete, visual, and multi-sensory scheduling provide a new carrier for cultural communication. The international dissemination of Chinese cultural works must solve the problems of local people and meet the needs of local people. Fifth, audience immersion provides the direction of creative transformation and innovative development. Subject immersion depends on not only technical empowerment but also the feeling and atmosphere of shared participation. The new technology enables the audience to go beyond the single binary choice of “live” and “online”, and provides an integrated way of subject immersion.
    Some young people are inspired by modern works and go back to classic Chinese literary works, thus using them as a medium to pass down from generation to generation. Adhering to integrity and innovation, prospering and developing cultural undertakings and cultural industries, as well as integrating traditional culture into real life, has become the only choice to pick up cultural memories and stick to cultural genes.
  • XUE Danni
    Jinan Journal. 2025, 47(1): 46-59. https://doi.org/10.11778/j.jnxb.20240681
    Since the birth of AI, a worry anchored in the minds of some scholars and the public is that the danger of AI to human beings will increase with its ability development and application expansion. However, it is often overlooked that the core of intelligence is consciousness and the root of the danger of AI to human beings lies in whether it has consciousness, especially whether it has humanoid or even superhuman consciousness, or whether its ability and application are out of this kind of AI consciousness. As contemporary AI consciousness research is trapped in an “explanation gap” and “difficult question” because of using the subjective experience meaning of consciousness concept and indulging in studying the objective experience dimension of consciousness concept, it cannot answer the above questions.
    Based on Hegel's philosophy, this paper investigates the possibility of AI cognitive consciousness, including cognitive consciousness of AI in DeepSeek type, criticizes the limitation of AI cognitive consciousness, including cognitive consciousness of AI in DeepSeek type, explores the speculative nature of human cognitive consciousness, and finally proves that AI cognitive consciousness, including cognitive consciousness of AI in DeepSeek type, cannot become human cognitive consciousness, nor is it as dangerous as AI threat theory claims.
    The possibility of AI cognitive consciousness is mainly guaranteed by artificial perceptual ability and machine learning paradigm, so it shows the limitations of perceptual knowledge foundation and mathematical knowledge process. These limitations make the cognitive consciousness of AI to be obsessed with certainty, identity, and perceptual directness, and to be lacked of negativity, unity, and essence.
    The essence of human cognitive consciousness is speculative thinking, that is, it develops into a process of specific negation and concrete unity through the dialectical movement of consciousness, and it includes two aspects of cognition and practice, which have outstanding performance in the movement of the duality of human consciousness and the establishment of human subjectivity. Therefore, as the subject of speculative thinking, human being is a self with “real conscience”, and his cognitive consciousness is the result of specific negation and concrete unity among himself, the other, and the world, which contains not only the objective content of truth but also the objective system of norm and obligation. Subjective knowledge is consistent with the objective content and system. This is the patent of human subject and human cognitive consciousness and the barrier of AI and its cognitive consciousness.
    Compared with existing research on AI consciousness, the innovations of this paper are as follows: limiting the cognitive meaning of consciousness, supplementing the metaphysical dimension of consciousness, adhering to dialectical monism, investigating the dialectical movement of consciousness, and clarifying the limitation of AI consciousness, that is, the essence of human consciousness that cannot be simulated by computer system, thus doing a good job in philosophical construction for the premise and base of risk and governance as well as challenge and regulation of AI in legal and moral fields.
  • TAN Xinyu
    Jinan Journal. 2024, 46(12): 97-111. https://doi.org/10.11778/j.jnxb.20242259
    Large generative AI models (LGAIMs), exemplified by ChatGPT, have not only brought tremendous changes to human social life but also become deeply integrated into the modern social governance system, continuously driving the evolution of government structures and the innovation of governance models. While the original intention and essence of embedding LGAIMs into social governance is to leverage artificial intelligence (AI) technology to safeguard public interests and pursue public values, these technologies inevitably cause new risks and challenges in practice. Existing literature has explored the risk patterns and governance pathways associated with the embedding of LGAIMs in social governance, focusing on the conflict between political values and instrumental values, as well as the balance between public authority and algorithmic power. However, the interactive relationship between LGAIMs, government organizational structures, and social governance orders has not been explored in depth. Furthermore, there has not been a precise analysis of the risk patterns and regulatory pathways, considering the typical empowerment scenarios of LGAIMs.
    Drawing on the inter-construction theory of technology and organization, as well as technology and society, this study delves in the empowerment scenarios, risk patterns, and regulatory pathways of LGAIMs embedded into social governance. First, LGAIMs contribute to the construction of algorithmic decision-making systems in social governance, facilitating the shift from bureaucratic decision-making driven by human emotions to algorithmic rationality. However, this transformation faces challenges related to moral and responsibility judgments, necessitating a technology-for-good approach to guide the development of algorithmic decision-making models and intelligent systems in governance. Second, LGAIMs break the “information isolated island” phenomenon that often arises in traditional social governance, enabling effective cross-departmental and cross-level human-computer collaboration. Nonetheless, there is a risk of technological alienation, which makes it essential to ensure the primacy of human agency in social governance activities. Third, LGAIMs enable the scientific calculation of public service demands and accurate identification of social governance contradictions, advancing the precise matching of “supply and demand” in social governance. Nevertheless, this can also lead to the risk of social stereotyping and bias, making it essential to adhere to public value principles of fairness, justice, democracy, and equality. Fourth, LGAIMs support the construction of smart social governance scenarios characterized by virtual-physical symbiosis and human-computer interaction; however, there is a risk of undermining citizens' rights, necessitating the establishment of a multi-agent collaborative governance model focused on safeguarding civil rights.
    This study expands the theoretical framework in two aspects. First, this study, based on the inter-construction theory of technology and organization, as well as technology and society, profoundly reveals the operational patterns of embedding LGAIMs into social governance. In particular, this study proposes a technology-for-good approach and a collaborative governance model to balance the conflict between political values and instrumental values during the inter-construction process between technology and organization. Similarly, this study advocates for humanistic principles and public value objectives to balance the tension between public authority and algorithmic power in the inter-construction of technology and society. Second, this study highlights key social governance scenarios, examining the empowerment effects, risk patterns, and regulatory pathways arising from the integration of LGAIMs. It further advances the contextualized study of embedding LGAIMs with social governance. This study provides policy recommendations for government agencies seeking to deploy LGAIMs in decision-making, strengthen interdepartmental collaboration, analyze and address governance contradictions, and optimize service provision. These recommendations include the formulation of target value orientations, the establishment of a risk regulatory framework, the development of an ethical system, and the promotion of a collaborative governance model.
  • WANG Huiqun
    Jinan Journal. 2024, 46(12): 17-28. https://doi.org/10.11778/j.jnxb.20240245
    With the vigorous development of platforms and digital economies, Internet platforms have not only brought vitality to the economy but also posed serious challenges to the legal system, among which the issue of platform-based price discrimination is particularly the focus of the dispute. Existing discussions on platform price discrimination have focused heavily on data and algorithmic, neglecting the differences in pricing power allocation and the diversity of charging types in different transaction types within the platform as a two-sided market. This leads to an inability to answer in practice who the subjects implementing price discrimination are, the similarities and differences in price discrimination across different businesses, the impact of cross-network effects in different businesses on the effectiveness of price discrimination, and whether antitrust law should take a unitary or pluralistic adjustment path for price discrimination.
    In the context of platform pricing practices, a precise understanding of platform-based price discrimination necessitates a clear categorization of platform businesses into five distinct types: information aggregation, online advertising, transaction matching, intermediary self-operation, and others. Then, this paper identifies corresponding price discrimination behaviors for each category based on specific transactions and fee structures: price discrimination for platform subscriptions/membership fees, price discrimination for advertising fees, price discrimination for commission ratios, price discrimination for product/service fees, and price discrimination for additional charges.
    From a legal regulation perspective, the intricate nature of price discrimination practices requires more than mere adjustments for isolated monopolistic actions, as this approach often leads to inadequate oversight. It is essential to analyze various monopolistic behaviors pertinent to antitrust law, including differential treatment, unfair pricing, and predatory pricing, about different pricing types. When assessing these behaviors, the cross-network effects across diverse platform businesses must be evaluated for their overall impact on consumer welfare. This approach aims to ensure a thorough initial assessment of monopolistic conduct while preventing overreach in evaluating the potential harm caused.
    In practice, it is necessary to pay close attention to the following behaviors by platforms with market dominance: (1) the potential predatory pricing issues caused by market capture through subsidies or red packets followed by price increases; (2) the potential unfair high pricing issues caused by excessively high commission ratios. Given the complexity of platform price discrimination, the assessment of competitive harm in individual cases should be based on economic analysis, combining the different revenue structures of specific platforms to comprehensively analyze the impact of multiple interconnected businesses on costs, prices, and consumer welfare, avoiding harm inference, and refining and improving the provisions for legitimate reasons to prevent excessive deterrence.
  • XIE Hongfei
    Jinan Journal. 2025, 47(1): 77-96. https://doi.org/10.11778/j.jnxb.20241278
    When a third party's intervention in the contractual negotiation process causes damage to others and meets the criteria for imputation, such liability may generally be attributed to either tort liability or culpa in contrahendo (pre-contractual liability). Article 5 of the Judicial Interpretation of the Contract Section of the Civil Code, titled “Third-Party Liability in Contract Formation”, embodies distinct Chinese characteristics. Its purpose is to determine liability for third-party fraud or coercion, both of which constitute tortious acts infringing on personal freedom. This can be justified through two approaches: the third party's infringement of the victim's absolute rights, or intentional violations of others' rights and interests through methods contrary to public morals. A third party's undue influence on contractual negotiations may qualify as a tort. Consequently, even if the victim fails to rescind the contract within the prescriptive period, they may still seek compensation by claiming tort liability against the third party. However, the provision does not address scenarios where a third party negligently facilitates contract formation, particularly through the provision of false information. Chinese laws should establish a comprehensive framework for third-party liability in contractual negotiations, including liability for negligent acts by third parties that lead to damages for one party during contract formation. This applies primarily in cases where the contracting party places special, highly, and justifiable reliance on the third party, such as trust in the third party's integrity, financial capacity, professional expertise, or experience. If a third party negligently provides false information that induces contract formation, and such conduct satisfies the elements of culpa in contrahendo-specifically, if it generates reasonable reliance by the contracting party, materially influences their decision-making, and lacks exculpatory clauses-the third party should bear liability. Theoretically, deriving economic benefit should not be a prerequisite for imposing culpa in contrahendo on a third party, though it may inform the assessment of whether reliance was reasonable. In cases involving gratuitous provision of information, if the third party acted without intent or gross negligence, liability mitigation rules akin to those for “goodwill ride-sharing” may apply by analogy. The existing approach of unifying third-party liability under culpa in contrahendo faces theoretical challenges. Some acts of pre-contractual misconduct that constitute torts could be governed by tort law, while third-party coercion, where no reliance relationship exists, cannot be adequately addressed. Sole reliance on contract and tort mechanisms fails to resolve the complexities of pre-contractual liability. Theoretical innovations are thus needed in two respects: (1) Shifting focus from economic loss to the victim's freedom of volitional formation. Third-party interference in contractual negotiations inherently infringes on absolute rights, albeit with varying degrees of harm. Article 1165 of the Civil Code, which protects “civil rights and interests of others”, should encompass interests beyond absolute rights (e.g., economic interests). This would theoretically allow tort liability to unify third-party liability in contractual contexts. However, this approach must address unresolved questions, such as why victims cannot rescind contracts when third-party negligence facilitates formation, and how to incorporate scenarios involving invalid contracts or mutual material misunderstandings. Second, replacing result-oriented liability frameworks with conduct-oriented analysis. Instead of constructing a unified doctrine of culpa in contrahendo, liability should be determined based on the nature of specific acts and case-specific circumstances, invoking either contract law or tort law as appropriate. By combining the legal effects of both regimes, including compensation for mental distress and expectation interests, the debate over the independence of culpa in contrahendo could be circumvented, ensuring fairer outcomes. This dual approach will harmonize doctrinal coherence with practical flexibility, addressing gaps in current law while advancing a more equitable framework for third-party liability in contractual negotiations.
  • ZOU Zhanyong, JIANG Yonghong
    Jinan Journal. 2024, 46(9): 106-121. https://doi.org/10.11778/j.jnxb.20231816
    With the shift of US global competition strategic focus to the east and the peaceful rise of China, the economic strategic competition between the two countries in the Asia-Pacific region has increased. This article aims to explore the factors influencing cross-border economic fluctuations among countries in the Asia-Pacific region, focusing particularly on variables such as consumption, per capita net income, exports, and imports. Additionally, the study examines the differential economic influence of the United States and China in the region, as well as their roles in promoting regional economic development.
    The study employs a spatial econometric empirical model, specifically the Spatial Durbin Model (SDM) under dynamic panel data, to conduct empirical estimation. Data from 15 countries in the Asia-Pacific region, including major powers like the United States, China, Russia, Japan, and India, spanning from 2001 to 2020, are analyzed. Distance-based methods are utilized to define spatial weight matrices using straight-line distances between capitals, thereby controlling for the geographical distance's impact on cross-border economic effects. The research delves into the spatial effects of the economic strategic competition between the United States and China in the Asia-Pacific region.
    Findings indicate that variables such as consumption, per capita net income, exports, and imports significantly influence cross-border economic fluctuations among Asia-Pacific countries. China's transnational influence in the region is notably stronger than that of the United States, particularly in trade where Chinese imports and exports exert a significant impact on regional economies. Moreover, the study reveals that China holds greater influence than the United States in fostering regional economic growth. These findings are crucial for formulating and adjusting regional economic policies aimed at promoting economic development. The research not only provides valuable data and insights but also contributes to academic progress in related fields, offering valuable information resources for scholarly exchange.
    This research introduces a methodological innovation by utilizing spatial measurement models that are based on dynamic panel data. These models offer fresh perspectives and methodologies for examining the economic and political competitiveness between the two countries in the Asia-Pacific area. This model not only considers the causal impact effects of various economic factors within individual countries on their economic development but also focuses on the horizontal causal relationships between countries, assessing the magnitude of influence variables have on affected variables. Furthermore, in perspectives, the study moves beyond traditional research limitations that only focus on domestic economic factors or the transmission effects of trade cycles between countries, providing a more comprehensive and in-depth exploration of the spatial effects of the economic strategic competition between the United States and China in the Asia-Pacific region.
    The results of this paper are of important reference to the formulation and adjustment of regional economic policies to promote regional economic development, and the analysis of the impact of economic fluctuations in the Asia-Pacific countries provides a scientific basis for formulating related policies. Additionally, the differences found regarding the economic influence of China and the United States in the region are of significant value for understanding competition and cooperation between the two countries in the area, as well as for developing targeted policy measures.
  • LIU Shuimei
    Jinan Journal. 2024, 46(11): 60-73. https://doi.org/10.11778/j.jnxb.20241795
    Data training profoundly influences the functionality and effectiveness of artificial intelligence (AI). Its involvement in the use of copyrighted works has triggered numerous copyright disputes both domestically and internationally, with the fair use principle frequently invoked as a defense in such cases. The legal rules and application of fair use in China have long been subject to various judicial challenges, which are also reflected in determining fair use in the context of AI data training. Therefore, there is an urgent need to consider the legal rules of fair use for AI data training and shape a Chinese approach.
    There are divergent views on copyright infringement in AI data training and its regulatory pathways in academia and practice. Regulatory pathways for copyright infringement in AI data training can be categorized into four main models: acknowledging the existence of copyright infringement, acknowledging copyright infringement but claiming statutory licensing, acknowledging copyright infringement but claiming fair use, and denying the existence of copyright infringement. After analysis, it is concluded that fair use is the optimal solution for regulating copyright infringement in data training.
    However, China's current copyright fair use rules have not yet been adapted to address AI data training issues. The transformative use test in the U.S., as a general rule for expanding fair use scenarios, is not suitable for direct transplantation into Chinese law to determine the new types of uses, including AI data training, due to its theoretical and practical flaws. Based on that the legalization of AI data training aligns with China's social policy development needs, helps to enhance the new productive forces, and fosters the fair growth of the domestic and international AI industry, China should establish specific AI data training legal provisions for fair use. However, it should be noted that even with the establishment of specific legal provisions for fair use in AI data training, the substantial interests of copyright holders must not be ignored.
    This article conducts in-depth research and comparative analysis of the current mainstream regulatory pathways for copyright infringement in AI data training. After concluding that copyright infringement in AI data training should be regulated through fair use, it further clarifies and justifies the establishment of specific legal provisions for fair use in AI data training. Through comparative analysis with other relevant statutory proposals and by analyzing the objectives and implementation principles of specific legal provisions for fair use in AI data training, this article creatively puts forward detailed design suggestions for such provisions. In the context of AI data training, concise fair use legal provisions are proposed to comprehensively and effectively achieve the purposes and balancing spirit of copyright law, aiming to minimize frictions and maximize benefits for all the stakeholders.
  • HU Zhengrong, LI Muyun
    Jinan Journal. 2025, 47(1): 60-76. https://doi.org/10.11778/j.jnxb.20242627
    In the current field of international communication, China's content supply predominantly focuses on themes of traditional culture, while the representation of contemporary political, economic, and social realities remains notably insufficient. This imbalance in content supply has undermined the multidimensional and complex nature of China's national image. It has failed to meet the international audience's demand for a comprehensive understanding of China's true status and effectively respond to global attention on contemporary issues related to China. Against this backdrop, this paper adopts the perspective of supply-side reform to conduct an in-depth analysis of the limitations of China's international communication content. It further explores how optimizing content supply can enhance the effectiveness of international communication, aiming to construct an authentic, diverse, and credible national image.
    Grounded in Marx's theory of the organic unity of production and integrating the core principles of supply-side reform, this paper constructs an analytical framework for international communication content supply, encompassing production, distribution, circulation, and consumption. It employs the latent Dirichlet allocation (LDA) topic modeling method to quantitatively analyze the content of accounts on China's influential international communication social media platforms, aiming to uncover the current state and challenges of content supply. Additionally, case-based empirical validation is conducted to confirm further the contemporary deficiencies within the existing international communication content supply system and propose targeted optimization strategies.
    The findings reveal that China's international communication content relies excessively on traditional cultural narratives and significantly lacks adequate reflection on contemporary realities. This deficiency is compounded by a lack of depth and emotional engagement, making it challenging to establish empathy with international audiences. Furthermore, limitations exist in the distribution and circulation of content, with strategies often failing to address the specific needs of different regions and audiences. This paper argues that full-chain optimization from production to consumption is critical to resolving these issues. In the production phase, it recommends collaborative participation from diverse stakeholders to ensure the diversity and depth of content, with a particular emphasis on incorporating future-oriented contemporary topics. In the distribution phase, region-specific strategies should be implemented to optimize resource allocation and precisely meet the needs of diverse audience groups. In the circulation phase, the concept of “peaceful communication” is advocated, emphasizing depersonalization and de-labeling to foster an open framework for dialogue and enhance communication efficiency. Finally, in the consumption phase, a series of content products and multi-layered dissemination pathways should guide international audiences progressively from material cultural experiences to the recognition of shared values, thereby achieving a systematic construction of the content ecosystem.
    The innovation of this paper lies in its integration of supply-side reform with international communication theories, proposing a full-chain content supply optimization pathway that fills a theoretical gap in research on content production and communication mechanisms. Practically, it offers significant policy implications for enhancing China's international communication effectiveness, providing actionable guidance for optimizing communication content in the framework of initiatives such as the Belt and Road Initiative. Additionally, this paper offers new perspectives on the issues of cultural recognition and value resonance in a globalized context, contributing not only to improving China's international communication capabilities but also providing a reference for other developing countries seeking to establish effective international communication strategies.
  • LI Chunmei
    Jinan Journal. 2024, 46(9): 137-151. https://doi.org/10.11778/j.jnxb.20240382
    In the context of China's high-quality economic development and the urgent task of “bottleneck”, it is of great practical significance to quickly improve the innovation quality of enterprises. At this time, the domestic digital economy is rapidly flourishing, and the digital economy has become a new direction for today's economic development. Digital information has also become a new supply factor for enterprise innovation activities. So, whether the digital economy can effectively improve the innovation quality of enterprises and stimulate the innovation potential of the real economy has become an important topic worth exploring in current academic theoretical research and enterprise practice.
    This study is based on the fact that China's digital economy is developing rapidly, and analyzes the promoting effect of the digital economy on the quality of enterprise innovation and the mechanism of its impact. Using micro level data from 2609 listed companies from 2010 to 2021, and drawing on research methods such as Bradley et al. (2016), Zhang Jie, and Zheng Wenping (2018) to construct innovation quality indicators, and drawing on the research methods of Zhao Tao et al. (2020) to construct development indicators for the digital economy in 236 prefecture level and above cities in China, this study examines how the development of the digital economy affects the innovation quality of enterprises. Research has found that the improvement of the digital economy level has an inverted U-shaped impact on the improvement of enterprise innovation quality, that is, the innovation quality improvement effect of the digital economy has a inhibitory effect after passing through a turning point. After changing the estimation model, replacing core regression variables, and addressing endogeneity issues, the estimation coefficients still maintain significant robustness. In the inverted U-shaped mechanism, the intensification of product market competition will promote enterprises to improve their innovation quality, and the digital economy will affect the innovation quality of enterprises through the U-shaped effect on product market competition; the narrowing of the gap in cutting-edge technology among enterprises can improve the quality of innovation, and the U-shaped effect of the digital economy on the gap in cutting-edge technology among enterprises is also an important component of its impact mechanism on the quality of innovation.
    Previous literature has extensively studied the significant positive effects of the development of the digital economy on improving innovation quality, but little attention has been paid to whether the effects will exhibit a non-linear pattern. Additionally, there is a lack of exploration into the impact mechanisms based on product market competition and cutting-edge technology gaps, which are also the main contributions of this article. This study to some extent enriches the theoretical and empirical research on the innovation effects of the digital economy, and further reveals the inherent logic between the development of the digital economy and the improvement of enterprise innovation quality. This helps government departments to formulate more targeted policies and measures to support the innovative development of enterprises during the historical period of booming digital economy, providing positive reference and inspiration for the achievement of the goal of “created in China”.
  • PAN Qiliang, HOU Dongdong
    Jinan Journal. 2025, 47(1): 1-13. https://doi.org/10.11778/j.jnxb.20240647
    The hometown of overseas Chinese in the southeast coastal area once played an important role in regional construction as an important field for economic and cultural exchanges between China and foreign countries. As a cross-border link, it made an important contribution to national independence and state building. Against the background of backward means of communication, Qiaopi, as the main way for overseas Chinese to connect with their hometown, has cultivated the unique cultural pattern of Qiaopi culture, thus shaping the hometown of overseas Chinese. Existing literature mainly focuses on the operation of Qiaopi business, the content of Qiaopi characters, and the aesthetics of Qiaopi. It pays less attention to the creative transformation and innovative development of Qiaopi culture in the practical sense, especially the lack of in-depth research on the review of Qiaopi culture from the perspective of the construction of modern civilization of the Chinese nation to enable high-quality development of overseas Chinese hometowns.
    This paper analyzes how to realize the function extension of Qiaopi as a financial way for overseas Chinese to connect with their hometown relatives. On this basis, it further explains the internal mechanism and possible paths of Qiaopi culture as the endogenous power of grassroots society to enable the high-quality development of overseas Chinese hometowns. Specifically, the process of cross-border population migration shaped the Qiaopi culture with distinctive grassroots, regional, emotional, and practical characteristics. Although Qiaopi has become a thing of the past, the cultural connotation still has strong historical penetration and realistic appeal. Promoting the creative transformation and innovative development of Qiaopi culture can further activate the endogenous cultural power of the high-quality economic, political, cultural, and social development of overseas Chinese hometowns and provide wisdom and experience for the construction of the modern civilization of the Chinese nation.
    This paper extends previous literature in the following two aspects. Firstly, based on the era orientation of the construction of the modern civilization of the Chinese nation, through the changes in the era background, the perspective of transnationalism, and the background of the family letter culture, this paper examines the Qiaopi culture and puts forward the possible paths for “two creations” of the Qiaopi culture, giving the Qiaopi culture its epochal nature and appeal. Secondly, it discusses the possibility of modernization of traditional society around Qiaopi. In essence, the Qiaopi culture is derived from the connection mechanism generated by the resilience and wisdom of traditional Chinese grassroots society in the process of population flow. This connection mechanism not only strengthens some properties or characteristics of grassroots society but also promotes the traditional society to be modernized in a way that grassroots people can understand and accept.
    This paper reveals the universal significance of Qiaopi culture, which is conducive to a better understanding of the significance and value of rural areas in the process of industrialization and urbanization, the smooth flow of various media connection mechanisms in the population normalization flow, and the cultivation of the sense of the Chinese national community in the process of exchanges and mutual learning among civilizations.
  • HU Yuancong, FENG Yifan
    Jinan Journal. 2024, 46(9): 152-164. https://doi.org/10.11778/j.jnxb.20240848
    The “Three-Year Action Plan of Data Elements X” released in 2023 pointed out: “Giving full play to the amplifying, superimposing and multiplying effects of data elements and constructing a digital economy with data as a key element is an inevitable requirement for promoting high-quality development.” It is noteworthy that while data empowers high-quality economic development, it also brings corresponding risks to social development. Since human society has entered the stage of “reflexive modernization” from the stage of “simple modernization”, various risks have followed. Against such a social backdrop, the distribution order has transformed from the purely wealth distribution logic in the “simple modernization” stage to the distribution logic of coexisting wealth and risks in the “reflexive modernization” stage. In the process of data elements' participation in distribution, due to the differences in status and division of labor among multiple stakeholders, conflicts and contradictions may arise among data element providers, processors and users. The prominent risk distribution dilemma has thus become a major obstacle in the process of recognizing and utilizing data elements. Therefore, correctly identifying various risks arising from data elements' participation in distribution and effectively preventing, resolving and allocating related risks have become important tasks for promoting digital justice in an intelligent society and driving the high-quality development of the human digital society.
    This paper, by applying normative research methods, literature research methods, etc., collects, retrieves and summarizes existing domestic and international literature on data element distribution to comprehensively understand the main viewpoints and research paths of the academic circle on the issue of risk distribution justice of data elements. Taking the “Data Security Law” and the “Personal Information Protection Law” as the inspected legal texts, it explores the predicaments of legal norms and responds to the challenges and institutional obstacles faced by risk distribution justice of data elements through reasonable legal interpretation methods and discusses reasonable adjustment paths.
    Compared with previous literature, this paper makes expansions in the following two aspects: Firstly, this paper explores the legal realization of risk distribution justice in the participation of data elements in distribution, expanding the literature on the participation of production elements in distribution from a brand-new perspective. Secondly, this paper breaks through the research vision and scope. Existing studies mostly focus on the distribution of traditional production elements or the distribution of income or wealth. However, research on the risk distribution of data elements is relatively scarce. This paper takes the logical connection between risk distribution and justice of data elements as the starting point, explores the justice demands of risk distribution in the participation of data elements in distribution, and responds to the proposition of how to realize risk distribution justice when data, as an emerging production element, participates in risk distribution by inspecting and regulating the risk distribution system.
    This paper not only provides a strong guarantee for better achieving justice in the risk allocation of data elements, but also offers significant suggestions for reshaping the allocation mechanism led by the government and featuring the organic collaboration of multiple governance subjects. It provides powerful assistance for maximizing the value of data elements in China's future economic innovation-driven and high-quality development.
  • PENG Wenping, XIA Quan
    Jinan Journal. 2024, 46(11): 1-15. https://doi.org/10.11778/j.jnxb.20231789
    Before the return of Hong Kong to China, the British Hong Kong government implemented education without state or ethnicity, using textbook narratives to propaganda the superiority of Western civilization to eliminate the cultural identity of Hong Kong people, suppress nationalist trends to prevent the outbreak of anti-imperialist movements, alienate Hong Kong people's national emotions to make them indifferent to their national identity, promote Western style democracy to dilute pre-return national education. In the era of patriots administering Hong Kong and governance to prosperity, Hong Kong's basic education will integrate the awareness of the Chinese nation's community into its curriculum and textbooks, focusing on Chinese language, Chinese history, citizenship and social development, and is committed to the overall reshaping of cultural identity, historical identity, and political identity. The reform of basic education in Hong Kong plays an important role in strengthening the awareness of the Chinese nation as a community: it is conducive to building a spiritual home for Hong Kong's young students to strengthen the awareness of the Chinese nation as a community, helping Hong Kong students resist various risks and challenges to safeguard national sovereignty, security, and development interests, and strengthening interactions, exchanges and integrations in education sectors between Hong Kong and the mainland.
  • LIU Xiuyan, XU Shaojun
    Jinan Journal. 2024, 46(9): 122-136. https://doi.org/10.11778/j.jnxb.20231826
    The global trend of continuous decline in the share of labor income is very significant, and China has shown a phased change in the contribution of labor output, with the share of labor income first decreasing and then increasing. This not only goes against the typical characteristic of constant factor income share in the Kaldor paradigm, but also in the digital age, the development of the digital economy and the transformation of the substitution and complementarity relationship between capital and labor have made the changes in labor income share more complex. In this regard, how to effectively increase the scale of labor remuneration, its proportion in the initial distribution process, and optimize the income distribution structure of factors has become an urgent problem to be solved to promote the development of Chinese path to modernization, narrow the income gap between regions, and ultimately achieve common prosperity.
    This article first constructs a general equilibrium model, and by discussing the impact of factor biased technological progress triggered by the digital economy on labor income share, it reveals whether the digital economy can trigger labor biased technological progress, which is the key to increasing labor income share; Furthermore, when distinguishing labor force heterogeneity based on skill differences, this article found that the digital economy can increase skill premiums and increase the overall share of labor income through the structural effects of labor skills. To verify the rationality of the theoretical model, this article uses tax survey data to measure the scale of enterprise digital capital, and summarizes it at the provincial level to obtain more direct indicators for measuring the level of digital economy development in provinces. A random coefficient model is used to estimate the contribution of labor output changes, and then empirically verify the impact of the digital economy on labor income share. Research has shown that the development of the digital economy has a positive promoting effect on the share of labor income, and the underlying reason for the overall decline in Chinese share of labor remuneration and the gradual transition from decline to increase is that the development of the digital economy has promoted the shift of technological progress from capital oriented to labor oriented.
    Compared to existing literature, this article makes exploratory extensions in the following three aspects: firstly, it uses data mining to obtain the scale of digital capital at the enterprise levels and accumulated to provincial levels, which aims to use a more direct way to measure the level of digital development at the enterprise and provincial levels; Secondly, this article constructs a general equilibrium model and attempts to provide a consistent explanation for the phased changes in labor compensation share based on the direction of biased technological progress within a unified theoretical framework; Thirdly, this article uses a random coefficient model to estimate the time-varying output contributions of capital and labor in each province, and obtains new indicators to measure biased technological progress.
    This study has provide some policy implications for expanding household income, optimizing regional resource allocation efficiency, and improving the market factor allocation system. When facing the impact caused by new productive forces, government needs to respect the objective conditions and material foundation of cities, find suitable paths for technological progress, develop new productive forces represented by the digital economy according to local conditions, and thereby improve labor income levels, achieving convergence towards higher per capita income levels in the region.
  • GAN Yu'en, LIN Chensheng
    Jinan Journal. 2024, 46(9): 38-51. https://doi.org/10.11778/j.jnxb.20240227
    The study of modern dialectology in Guangdong commenced in 1928, but yielded few results prior to the year of 1978. In 1985, Guangzhou and Hong Kong collaborated on the project of “A Survey of Dialects in the Pearl River Delta”, which resulted in the creation of a substantial corpus, of which corpus on the Cantonese dialects was then referenced for the map B13 of “Language Atlas of China” (1987), both of which represent significant contributions to the study of Guangdong dialectology following the reform-and-opening-up. The B13 map of the atlas, as well as the dialect maps in the book of “A Survey of Dialects in the Pearl River Delta: Vol. 3 A Synthetic Review”, compiled according to the results of the project, represent the inaugural steps in the field of geolinguistics in Guangdong.
    The nourishment of the diverse dialects and cultures in Lingnan, as well as the abundant previous survey results of dialectology have contributed to the gradual development of geolinguistics in Guangdong. In contrast to dialectology, geolinguistics is a discipline based on linguistic data, highlighting the spatial attributes and the concepts of points, lines, and surfaces. Dialect maps can be broadly classified into two categories: dialect distribution maps and dialect feature maps. Map B13 of “Language Atlas of China” and dialect maps in the book of “A Survey of Dialects in the Pearl River Delta: Vol. 3” are the representations of the two types of maps respectively. Subsequently, a series of works have been published. “Linguistic Atlas of Chinese Dialects” and “Language Atlas of China” (second edition) also make significant reference to the dialects of Guangdong. In the former atlas, 92 places in Guangdong were selected for dialect survey; while in the latter atlas, the dialect distribution of Guangdong is shown in the maps of B-16, B-17, B-18 and B-22, in addition to the map B2-1 “Dialects in Guangdong Province”. The breadth, depth and precision of the scholars' investigation and depiction of Cantonese dialects have also been enhanced in comparison with the 1987 edition of the atlas.
    Since 2010, scholars from Guangdong have not only participated in or led a number of conferences on geolinguistics, but have also successfully applied for a number of high-level social science funding projects. In recent years, the publication of several eminent works has elevated the standard of geolinguistic research in Guangdong to a new level. Among these, the publication of the Atlas of Cantonese Dialects of Guangdong, which took nearly two decades to complete, not only pioneered the atlas of provincial dialects in mainland China, but also had a significant impact on several other aspects. Both the experience and the regrettable lessons are worthy of summary.
    In the context of the new era, Guangdong geolinguistics is also confronted with new challenges. In terms of breadth, efforts must be made to extend the scope of investigation and research from powerful dialects (such as Cantonese) to other dialects (such as Hakka and northern Guangdong dialects). In terms of depth, it is necessary to consider how to innovate from the traditional pattern of map and shift from “static map” to “dynamic map” through the application of modern digital tools and techniques. Therefore, digital humanity is an excellent fit point to realize the vision. From a methodological perspective, the transition from a descriptive approach to an interpretive one should be taken, enabling the generation of theoretical insights.
    This paper integrates, optimises and expands on the basis of the papers written by Zhang Zhenxing and the papers written by Gan Yu'en and Zeng Jiansheng, since on the one hand, there have been numerous developments both in the theory and in the practice of Guangdong geolinguistics in recent years. The rise of digital humanities has also brought about significant advances in this field, which have been duly addressed and reviewed in this paper. On the other hand, this paper presents a comprehensive overview of the evolution of geolinguistics in Guangdong, integrating insights from both theory and practice. It also incorporates recent developments to illustrate the emerging trends of “digitalisation” and “interpretive” approaches in the discipline. Furthermore, the paper incorporates further reflections from recent years, and to highlights the new direction in the new era of Guangdong geolinguistics.
  • ZHANG Shuyu, XU Chengfang
    Jinan Journal. 2024, 46(9): 1-12. https://doi.org/10.11778/j.jnxb.20240993
    Xi Jinping's important exposition on the “cultural leadership of the CPC” has provided a strong and solid theoretical guidance to cope with the changes of the times and the needs of development, and has an important cultural guiding role in the new era. This important exposition systematically summarizes the wisdom of cultural theory and Chinese practical experience in cultural construction, with the main goal of adhering to the people's position of Chinese culture, and highly condenses the ideological achievements with the distinctive characteristics of the times, marking the entry of the modernization of the Chineseization of Marxism into a new stage of development, and laying a profound cultural foundation for the development of the Chinese-style modernization road.
    In this paper, we take Xi Jinping's important thesis on the cultural leadership of the Communist Party of China (CPC) as the object of study, and discuss in depth its background, theoretical generation, main connotations and great significance. The international situation today is complicated and volatile, globalization is constantly deepening, various trends of thought and culture are stirring each other, and competition in the field of culture is becoming more and more intense. To cope with the opportunities and challenges of the world's great change that has not occurred in a hundred years, it is necessary to build up the international influence and cultural leadership of Chinese culture. Therefore, this important thesis is an inevitable choice to safeguard national cultural and ideological security, ensure that the construction of a strong cultural country always adheres to the correct direction, and continuously satisfy the people's aspirations for a better life.
    In the dimension of faith, adhering to Marxism as a guide is the fundamental guideline for mastering ideological leadership, as well as the cornerstone for adhering to Marxist beliefs and correctly grasping the direction of China's cultural advancement. In the dimension of political parties, it is of utmost importance to adhere to the overall leadership of the Party, which is the “master helmsman” in determining the direction of cultural advancement, and to attach importance to the high degree of unity between the Party and the people, which is an important cultural mission that manifests the value of “the people above all”. In the international dimension, adhering to the high degree of cultural self-confidence is the scientific guidance for promoting the construction of a strong cultural country and building a modern civilization of the Chinese nation, and enhancing the right of international discourse is the trend requirement for “telling a good story about China” and advancing the new form of human civilization. Meanwhile, in terms of theoretical contribution, this thesis reveals the inherent law of cultural leadership, realizes the innovation of cultural theory, and ushers in a new era of Marxism's doctrine of party building, cultural theory and world history theory. In terms of practical value, this thesis has guided literature and art into a new stage of development, emphasized the distinctive people-oriented nature of literature and art, and provided fundamental theoretical support for strengthening the Party's leadership of propaganda, ideological and cultural work. In terms of global significance, this thesis defends national political and cultural security, deepens the role of cultural self-confidence in highlighting national subjectivity, reverses the disadvantaged position of “the East” in the world's discourse leadership, and effectively shapes an international communication image with Chinese cultural recognition.
    To sum up, General Secretary Xi Jinping's important exposition on the “cultural leadership of the CPC” is a new era of cultural theory innovation based on China's national conditions, which provides a powerful ideological guarantee for the Party's propaganda and ideological and cultural work, an important guideline for the cultural construction in the new era, and a spiritual impetus and public opinion support for China's international communication. It is of great and far-reaching significance as a revelation of the times for promoting the prosperity of socialist culture with Chinese characteristics, realizing the Chinese dream of the great rejuvenation of the Chinese nation, and building a new form of human civilization.
  • LU Jie
    Jinan Journal. 2024, 46(12): 1-16. https://doi.org/10.11778/j.jnxb.20241251
    Based on Chinese practice and highlighting the China-oriented concept, many proposals and debates on the establishment of a “Chinese School” centering on various disciplinary, academic, discourse, and ideological systems have drawn much attention. Scholars of Chinese comparative literature advocated to establishing a “Chinese School” of comparative literature more than half a century ago. However, due to various historical reasons, this disciplinary ideal was criticized as “too hasty”, violating the disciplinary ideal of “international vision” and lacking innovative theories with Chinese characteristics after it was proposed, and did not become a consensus in the academia.
    This article reviews the turmoils that the “Chinese School” of comparative literature has experienced since it was advocated, explores Chinese comparative literature scholars' understanding of the antithetic and dialectic relationship between “international vision” and “nationalism”, and evaluates the theoretical innovation of Chinese comparative literature in the 21st century. From these three perspectives, this article re-examines the opportunities and challenges of establishing the “Chinese School” of comparative literature in the new historical context of the unprecedented profound changes in the early 21st century.
    Firstly, comparing the past and the present, this article makes a new judgment on the timing of establishing the “Chinese School” of comparative literature in the early 21st century. After decades of hard work after the initiative of establishing the “Chinese School” of comparative literature, and in the era when China greatly encourages theoretical innovation and academic prosperity, it is now the common expectation of the academia to re-propose the establishment of the “Chinese School” of comparative literature that can fully reflect Chinese characteristics, Chinese style, and Chinese manner. Secondly, by comparing Chinese and foreign scholars, this article finds that Chinese comparative literature scholars do not understand “international vision” and “nationalism” as two incompatible poles of binary opposition as French and American scholars do. While maintaining an international vision, Chinese scholars adhere to the idea of national culture and strive to promote the harmonious coexistence of the two. The concept of “diversity in harmony” can dispel the academia's worry that schools named after countries may impair “international vision”. Finally, this article takes “variation theory” and “imposed interpretation theory” as important evidence to prove that Chinese comparative literature scholars have made prominent achievements in the construction of comparative literature disciplinary theories and provided Chinese wisdom for international comparative literature research. This article concludes that to encourage Chinese comparative literature scholars to make greater contributions to the exchange and mutual learning among heterogeneous civilizations and the construction of cultural confidence in the Chinese nation in the new era, it is not a rehash to reiterate the disciplinary goal of establishing a “Chinese School” of comparative literature today, but a necessary initiative in the new social context.
  • TIAN Wentao, ZHOU Ye, LI Danchen
    Jinan Journal. 2024, 46(11): 89-111. https://doi.org/10.11778/j.jnxb.20241261
    The Third Plenary Session of the 20th National Congress of the Communist Party of China (CPC) emphasized the importance of fostering mechanisms to support the growth and development of “specialized, refined, distinctive, and innovative (SRDI)” enterprises, underlining their strategic significance in advancing new quality productive forces. With the acceleration of the new round of technological revolution and industrial innovation, the investment efficiency of SRDI enterprises has become a focal point in both policy and academic research. However, existing literature has yet to thoroughly explore the impact of digital transformation on the investment efficiency of such enterprises. Given that digital transformation is a key trend in current corporate development, its effects on investment efficiency may differ between SRDI and general enterprises, making it crucial to understand how digital transformation influences the investment efficiency of SRDI firms.
    Using data from listed enterprises between 2011 and 2021, this paper investigates the impact of digital transformation on the investment efficiency of SRDI enterprises in China from the perspectives of external information asymmetry and internal agency costs. The findings suggest that digital transformation significantly enhances investment efficiency in these firms. This conclusion is robust, supported by a series of endogeneity and robustness tests. The mechanism analysis reveals that digital transformation reduces external information asymmetry and internal agency costs, thereby improving the investment efficiency of SRDI enterprises. Heterogeneity analysis shows that the effect is particularly pronounced in enterprises located in eastern China, provincial capital cities, regions with higher marketization and competition, and firms with larger asset scales and higher cash holdings. Moreover, the improvement in investment efficiency through digital transformation is manifested in reduced over-investment and enhanced economic performance. These results not only confirm the positive relationship between digital transformation and investment efficiency but also emphasize its role in fostering more efficient resource allocation and better financial outcomes for SRDI firms.
    This paper makes two contributions compared to previous studies. Firstly, in terms of research focus, it systematically assesses the impact of digital transformation on the investment efficiency of SRDI enterprises, a subject not yet comprehensively explored in existing literature. Previous studies have generally not compared the differences between SRDI enterprises and general enterprises, so this paper contributes to filling this gap in the field of investment efficiency. Secondly, this paper offers a dual mechanism analysis, exploring how digital transformation affects investment efficiency through both external information asymmetry and internal agency costs. It also expands our understanding of the economic performance implications of digital transformation for these enterprises, enriching literature on the economic consequences of digital transformation. Additionally, this paper examines the heterogeneous effects of digital transformation on investment efficiency, taking into account the geographical location of enterprises and the internal and external operating environments. This nuanced analysis sheds light on how factors such as regional development and market conditions influence the outcomes of digital transformation. This provides insightful guidance for different types of SRDI enterprises to develop differentiated investment strategies.
    This paper deepens the understanding of how digital transformation impacts the investment efficiency of SRDI enterprises and provides valuable theoretical support and policy recommendations for promoting high-quality development and the enhancement of new quality productive forces. In the context of China's ongoing economic transformation and innovation-driven growth, the findings offer important insights for policymakers in crafting support measures and encouraging digital transformation among SRDI enterprises.
  • XIE E, WANG Xi
    Jinan Journal. 2025, 47(1): 165-181. https://doi.org/10.11778/j.jnxb.20240925
    Preschool education, as an important foundation stage and starting point of the national education system, bears the responsibility of realizing the “starting point equity” of education. Although China has provided continuous policy support to the backward areas, the problem of regional inequality of opportunity in preschool education still exists and is increasingly becoming a key issue of social and academic concern in the context of solidly promoting common prosperity.
    Taking China's low-income areas as an example, this paper analyzes the inequality of opportunity in China's regional preschool education based on the Human Opportunity Index (HOI). First, the problem of regional inequality of opportunity in preschool education in China is serious, as reflected in the fact that the supply of preschool education resources in low-income areas is still relatively insufficient, and there are obvious gaps in the distribution of opportunities among children from different environmental backgrounds. Second, the environmental factor that contributes most to intra-regional inequality of opportunity is the education level of the parents, followed by household registration and ethnicity. Low-income areas are at a disadvantage in terms of coverage of the opportunities for the overall and disadvantaged groups as well as in terms of the population distribution are at a disadvantage, and all three together contribute to the disparities between regions. Third, inequality of opportunity also exists in the quality of preschool education, which has not yet had the effect of improving children's human capital in low-income areas.
    The possible contributions of this paper are as follows. First, focusing on the inequality of educational opportunities caused by regional disparities, this paper assesses the inequality of opportunities in preschool education in low-income areas based on the HOI methodology and discusses the sources of intra- and inter-regional inequality of opportunities. Second, this paper further constructs a linear regression model on this basis to analyze the inequality of opportunities in the quality of preschool education, comprehensively portraying the current situation of preschool education opportunities in low-income areas.
    This study reveals that the problem of regional inequality in preschool education in China cannot be ignored, confirms the necessity of various intervention policies and special funds to continue to tilt towards low-income areas, helps clarify the weakness of the current distribution of preschool education opportunities, and points out the focus of future educational assistance.
  • CHEN Long, CHEN Ze
    Jinan Journal. 2024, 46(10): 148-165. https://doi.org/10.11778/j.jnxb.20241160
    Changes in the technological environment continuously give rise to new forms of capital that can be circulated and exchanged, driving differentiation dynamics within society. In recent years, artificial intelligence (AI) has experienced a qualitative leap in deep learning and data computing capabilities. Language models, video models, and intelligent education systems have proliferated. As the “fourth industrial revolution”-following steam technology, electrical technology, and information technology-AI has become deeply embedded in human social life, like any other transformative technology. It has not only propelled human society toward an intelligent meta-process but also introduced new trends in social differentiation and inequality, giving rise to a new “technological divide”.
    In this context, this paper uses Bourdieu's capital theory as the analytical framework and uses multiple correspondence analysis to model the questionnaire information spatially. Then, it discusses the impact of new cultural capital on the distribution of traditional economic, cultural and social capital after it flows into the social space, and the potential relationships between them, aiming to reflect the new divide pattern under the impact of new cultural capital. To supplement the lack of information at the micro level of quantitative analysis and further analyze how the new “technological divide” is generated and intensified in daily life in the age of intelligence, this paper conducts interviews with actors who are separated on each side of the “technological divide” based on the spatial differentiation results obtained from multiple correspondence analysis, to explore the generative logic of the new “technological divide” in the age of intelligence.
    The study finds that the new “technological divide” is generated in the complex combination of new capital and traditional capital. In terms of the generation path of the new “technological divide”, the “old age countdown” under the overlap of the old and new divides has caused the elderly to develop a coping posture of self-exile outside the age of intelligence, which, together with the “technological replacement” and “good-faith isolation” behaviors of the children, eliminates the space for intelligent feedback behavior. Additionally, under the limitation of limited time and energy resources, traditional social elites usually invest much time, energy, or money to maintain their existing capital advantages. This effort to preserve the superiority of conventional capital will instead constrain the development of its new cultural capital, providing an opportunity for the rise of a new elite group in the age of intelligence. In addition, the new “technological divide” further exacerbates the problem of gender inequality. Due to the misjudgment of the usefulness of “software cultural infrastructure”, and the combined influence of gender stereotypes and the characteristics of intelligent cultural literacy, the female often face structural exclusion in the process of converting intelligent cultural capital with traditional capital, which makes it more difficult for them to maintain or optimize social existence through continuous transformation between capitals. This paper introduces the media/technology perspective into Bourdieu's capital flow framework, revealing the trend of social differentiation and its generation logic under the new “technological divide” in the age of intelligence, which may help promote the interdisciplinary development of divide research in the age of intelligence.
  • ZHAI Yuxiang
    Jinan Journal. 2024, 46(9): 79-90. https://doi.org/10.11778/j.jnxb.20240212
    In recent years, due to the break of the capital chain and other reasons, the delayed delivery of housing is frequent. How to protect the rights and interests of consumer homebuyer is important in theory and practice. The Official Reply Concerning the Protection of the Rights of Commercial Housing Consumers stipulates that the right of housing consumers who meet certain conditions prior to the priority of construction project price, mortgage and other claims. But there are still many doubts in the specific application of the urgent need for further explanation. The priority of consumer homebuyer has been discussed in a lot of literature, but many controversies need to be discussed in-depth.
    This paper argues that the priority of consumer homebuyer arises from the social need of protecting the interests of consumer homebuyer and maintaining the stable development of the real estate market.The theory of rights and interests of the order, protecting of the weak and cost-benefit measurement provide theoretical support for it. The constitutive requirements of the priority of consumer homebuyer can be distinguished into subjective and objective aspects: in the subjective aspect, the determination of “the purpose of living” should be mainly discussed; in the objective aspect, the constitution of “the full price has been paid” and “the house cannot be delivered and is not available to be actually delivered” should be discussed. Among them, “the purpose of living” should be limited to the basic needs of living and is not necessarily related to the type and number of houses which the buyer has purchased.“The purpose of living” should be determined by examining if the buyer and his spouse and minor children has more houses and if their average living area exceeds the local average. “The full price has been paid” includes payment in full and payment by way of mortgage, which shall be paid before filing an application for objection to execution in execution proceedings and before the end of the first meeting of creditors in bankruptcy proceedings. The term “the house cannot be delivered” means that the commodity housing has not been completed and accepted. And the term “the house is not available to be actually delivered” needs to be determined by comprehensive inspecting the progress of the project, the resumption of work, and the operational status of the real estate developer. The signing of the demolition and relocation compensation agreement and the loss of ownership of the demolished person's original house is for the public interest, the demolished person's abilities of accessing to information and avoiding risk are poor, and the demolished person is in a more vulnerable position in the legal relationship. As a result, the priority of consumer homebuyer is inferior to the right to resettlement compensation for those who meet certain conditions. The scope of the priority right of consumer homebuyer in the return of the purchase price is limited to the amount paid for the house and the loan repaid, excluding interest, liquidated damages and damages. In the real estate developer's bankruptcy proceedings, consumer homebuyer does not have the right of return, but eligible consumer homebuyer can request the administrator to deliver the house and assist in the transfer registration.
    This paper adopts an interpretative approach to clarify the constituent elements and legal effects of the priority of consumer homebuyer, which, to a certain extent, contributes to the protection of the rights and interests of consumer homebuyer and the stable development of the real estate market.
  • WANG Minzhi
    Jinan Journal. 2024, 46(10): 166-180. https://doi.org/10.11778/j.jnxb.20241178
    Digital minimalism has garnered significant attention in recent years as a digital lifestyle that has sparked broad social discussion at both theoretical and practical levels. The emergence of digital minimalism as a lifestyle practice is rooted in a tangible contemporary reality: digital technologies are profoundly transforming the world, including the mental world of individuals. While these technologies bring convenience and efficiency to daily life, they impose substantial psychological burdens and stress.
    In response to the psychological distress caused by a technology-driven society, theorists across various disciplines have engaged in social critique, offering theoretical perspectives that resonate with the practice of digital minimalism. Reflections from the acceleration theory, the theory of the burnout society, the philosophy of technology, and affective sociology reveal that the existential conditions in a digital society, along with the mental states of individuals, necessitate a path to liberation, with digital minimalism representing one such pathway.
    Digital minimalism advocates for the moderate and reasonable use of digital technologies, focusing on the protection of individuals' mental well-being. Digital minimalists seek to alleviate the psychological strain of digital life by employing strategies such as digital decluttering and the proactive establishment of personal technology boundaries. As a method of lifestyle practice, digital minimalism safeguards and actualizes individuals' negative freedom while recognizing new rights in the digital age. Moreover, digital minimalism represents a deeper inquiry into values, reflecting an ethical and spiritual engagement with the pursuit of a virtuous digital life. Practitioners of digital minimalism view it as a more advanced and profound form of media literacy, reflecting people's deep understanding of how the social application of media technology affects individuals' inner world, and demonstrating a heightened awareness of their negative freedom-freedom from the harms of technology. In this sense, the practice of digital minimalism holds significant implications for social construction: establishing appropriate boundaries and order for the digital world and providing reasonable values and ethical foundations for digital life.
  • JIA Guangben, CAO Mingsheng
    Jinan Journal. 2024, 46(10): 17-30. https://doi.org/10.11778/j.jnxb.20241381
    As a classic title of late poetry, “Four Ci Schools in Late Qing Dynasty” is well known in academic circles, and a lot of research on Wang Pengyun, Zheng Wenzhuo, Zhu Zumou, and Kuang Zhouyi four masters has emerged. However, for the origin of the title, the academic circles lack an in-depth exploration and a diachronic and synchronic reflection. Although the title “Four Ci Schools in Late Qing Dynasty” can reflect the appearance of late Ci science to a certain extent, the academic circles' excessive respect for this title is undoubtedly a kind of cover for the diversity of late Ci circles. In fact, there are still many key points about the generation and evolution of this title that are worth examining. Based on existing literature, this paper reveals a clue about the evolution of Ci in the late Qing Dynasty by combing the process of “Four Ci Schools in Late Qing Dynasty”, which is helpful for a more comprehensive investigation of Ci history and Ci science in the late Qing Dynasty and the early Republic of China.
    After carefully combing the relevant poems, postscripts, diaries, letters, local chronicles, and other documents, this paper finds that the formation process of the title of “Four Ci Schools in Late Qing Dynasty” in the late Qing Dynasty actually has a very complicated background of the evolution of the pattern of Ci circles. The evolution of the title is closely related to the active period of the four masters in the Ci circle, which roughly presents the successive changes from “two masters” (Wang and Zheng) to “three masters” (Wang, Zheng, and Zhu), and then to “four masters” (Wang, Zheng, Zhu, and Kuang).
    This paper attempts to expand existing research in the following aspects. First, there is no special article to comprehensively discuss the origin of the title “Four Ci Schools in Late Qing Dynasty”. Based on existing literature, this paper expounds from perspectives of the north and south regions, the singing of Ci clubs, the communication of Ci writers, the selection and compilation of Ci, the concept of Ci school, the path of creation, etc., trying to restore the process of the title from “two masters” to “three masters”, and finally to “four masters”. Second, the current academic discussion on the “Four Ci Schools in the late Qing Dynasty” mainly focuses on the internal logic, but has not solved the key problem of where the title came from, that is, what is the theoretical origin and practical direction of its formation? In addition, there are many recent Ci circles, why the “Four Ci Schools in Late Qing Dynasty” is only valued by the current Ci academic circle? In fact, the title “Four Ci Schools in Late Qing Dynasty” is based on the theory system of Changzhou Ci School, which is closely related to the concept of “Four Ci Schools of Song Dynasty” of Zhouji, and derived from the title of “Four Ci Schools of the Republic of China” and “Four Female Poets of the Republic of China”. These problems have not been fully paid attention to by academia. Third, one of the disputes in the history of Ci in the late Qing Dynasty and the Republic of China is that Long Yusheng added Wen Tingshi to the sequence of “four Ci schools”. The academic circle often tries to explain from the perspective of Ci school, which neglects and covers up Long Yusheng's Ci study purview and practical intention of reverting to Su Shi and Xin Qiji, and trying to reverse the recent obscure Ci style with bold and unconstrained sound. This paper clarifies Long Yusheng's intention of Ci study and reveals his intention of using the title “four masters” as Su and Xin. Fourth, this paper focuses on the possible dislocation between discourse construction and the truth of Ci history, as well as the misreading and obscuring. In fact, there are distinct stages in the classicization process of the four schools, which have not been paid attention to in previous studies. However, the current academic circle is used to framing the four schools with factions and overemphasizing the commonality of the four schools, which will cover up the distinct willingness of the four schools to break through the factions and the differences in the philosophy of Ci studies.
    Through the diachronic and synchronic analysis of “Four Ci Schools in the Late Qing Dynasty”, we can not only analyze the formation process of the Ci system, but also help to examine the evolution of the recent Ci circles and Ci studies. The development of Ci history in the Qing Dynasty has many clues and multiple dimensions. Only by taking into account the discourse construction and the truth of Ci history can we restore the original appearance of the recent Ci circle to the greatest extent.
  • ZHU Xiaofeng
    Jinan Journal. 2025, 47(1): 97-112. https://doi.org/10.11778/j.jnxb.20240200
    Reproductive issues have long been a focal concern for individuals, society, and the state, constituting a key domain of legal regulation. In contemporary China, legal debates surrounding procreation primarily concentrate on two dimensions: (1) The permissible scope of assisted reproductive technology (ART) in exercising reproductive rights-specifically under what circumstances ART applications should be authorized; (2) How to establish a new equilibrium between promoting and restricting reproductive rights to address urgent social challenges arising from plummeting fertility rates and an accelerating aging population.
    To resolve the dual challenges, this study employs normative analysis, case analysis, and axiological examination. Building upon a clarified theoretical framework regarding the subjects entitled to reproductive rights, it systematically analyzes major types of interest conflicts in the realization of reproductive rights. It aims to provide theoretical foundations for resolving both interpersonal conflicts among equal civil subjects in reproductive decision-making and the inherent tensions between private interests and societal public welfare.
    Reproductive rights embody dual legal attributes, functioning both as fundamental rights and personality rights. This dual legal nature dictates that while the exercise of reproductive rights typically requires collaboration between the male and the female, their entitlement remains independent of identity relationships. Anchored in the constitutional principles of personal freedom and human dignity under Article 990(2) of China's Civil Code, reproductive rights, like other personality rights, are inherent to natural persons by birth, irrespective of social status. Nevertheless, their practical realization may encounter constraints arising from objective factors, such as physiological limitations or state policy regulations.
    Reproductive rights, in their practical realization, exhibit distinctive characteristics compared to other personality rights, primarily due to biological differences between the male and the female. This distinctiveness manifests principally in the biological collaboration between male and female parties as a prerequisite for exercising such rights. Furthermore, with advancements in life sciences, this gender-based collaborative nature increasingly engenders novel legal disputes in reproductive practices.
    Guided by this inherent gender-interdependent framework, conflicts of interest in reproductive rights realization can be categorized into two typologies: (1) Interpersonal conflicts between heterosexual partners within specific social relationships regarding reproductive decision-making; (2) Structural tensions between individuals' private interests in procreative autonomy and societal public interests.
    Regarding interest conflicts between heterosexual partners, resolution mechanisms should be differentiated based on the biological threshold of conception: (1) Before successful conception, reproductive informed rights and procreative autonomy of both parties maintain absolute parity. This equality necessitates that the party opposing procreation shall prevail in decision-making when partners hold conflicting positions on reproductive implementation. (2) Upon achieving mutual consent in reproductive intent and successful conception, maternal primacy governs subsequent reproductive processes. The gestating party retains decisive authority over pregnancy continuation or termination, reflecting biological exigencies and constitutional protections of women's health rights.
    Addressing conflicts between private and public interests in reproductive rights realization requires a differentiated analytical framework: (1) The conflict paradigm must first distinguish between inter-spousal conflicts involving private interests of partnered individuals versus societal welfare and individual-state tensions arising from unmarried persons' procreative autonomy clashing with population governance objectives. (2) Conflict-resolution rules shall be established through proportional balancing rather than absolutist approaches. Neither should public interests be disregarded in the exclusive pursuit of private benefits (e.g., unregulated surrogacy commercialization), nor should private interests be sacrificed under the sole pretext of safeguarding societal welfare (e.g., blanket prohibitions on elective oocyte cryopreservation for single women). (3) When such conflicts emerge, the three-dimensional evaluation must be conducted to determine protection boundaries through a cost-benefit analysis of competing interests, establish graduated thresholds for state intervention proportionality, and prevent regulatory overreach/underreach through dynamic equilibrium mechanisms.
  • SUN Luxia, ZHOU Xianglian
    Jinan Journal. 2024, 46(9): 26-37. https://doi.org/10.11778/j.jnxb.20240640
    General Secretary Xi Jinping has placed the work of public communication and culture at a pivotal position in the governance of the country. He has put forward a series of new ideas, perspectives, and conclusions regarding the cultural construction in the new era, which constitute the cultural chapter of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and then Xi Jinping Thought on Culture forms. The National Conference on the Work of Public Communication and Culture officially proposed and systematically elaborated Xi Jinping Thought on Culture, marking a milestone in the history of the CPC's work of public communication and culture. Following this conference, the academic community has engaged in research and interpretation of Xi Jinping Thought on Culture. However, on the whole, due to the relatively recent proposal of Xi Jinping Thought on Culture, while related research has made certain progress, it is still in its initial stages. In particular, there is a lack of theoretical achievements in comprehensively and systematically grasping Xi Jinping Thought on Culture.
    This article points out that Xi Jinping Thought on Culture is a scientific ideological system formed based on systems thinking, which has a comprehensive theoretical, historical, and practical generation basis, includes constituent elements such as interrelated functions, complementary roles, missions, and principles, and also possesses the theoretical characteristics of systems theory such as wholeness, dynamics, and stability. Specifically, from the perspective of systems theory, Xi Jinping Thought on Culture, as a scientific ideological system, is composed of a coherent whole of its theoretical, historical, and practical generation basis.Since the 18th CPC National Congress, Xi Jinping has adhered to the concept of systems, scientifically explaining the role, mission, and principles of cultural development, answering important questions such as “why to engage in cultural construction, what kind of culture to build, and how to carry out cultural construction”. From the perspective of systems theory, on the basis of deeply discussing the generation basis and constituent elements of Xi Jinping Thought on Culture, it is also necessary to scientifically grasp the theoretical characteristics of Xi Jinping Thought on Culture, namely wholeness, dynamics, and stability, to provide theoretical support for further elaboration of Xi Jinping Thought on Culture.
    Compared to previous research, this article has expanded the research perspective,that is, based on the perspective of systems theory, starting from the generation basis, constituent elements, and theoretical characteristics, it profoundly reveals the origin of Xi Jinping Thought on Culture, concretely elaborates on what Xi Jinping Thought on Culture is, and highly summarizes the state of Xi Jinping Thought on Culture, which presents the original image of Xi Jinping Thought on Culture as a systemic whole.
    The research in this article to some extent profoundly clarifies the systematic nature of Xi Jinping Thought on Culture, which is conducive to a comprehensive grasp of the worldview and methodology of Xi Jinping Thought on Culture, providing a solid cultural foundation for solving major issues in the field of culture on the new journey of the new era and mastering the historical initiative of cultural construction in the new era. For doing well in the work of public communication and culture under the new situation, building a strong socialist cultural country, and constructing a modern civilization of the Chinese nation, it is of extremely great significance.
  • ZENG Yiguo
    Jinan Journal. 2024, 46(11): 29-45. https://doi.org/10.11778/j.jnxb.20241407
    The Genealogy of Media Thinking project is the result of conversations Zielinski has had with various media thinkers and scholars since 2013. In this project, Zielinski, through dialogue and communication with 17 media scholars, including Friedrich Knilly, Hans Bertin, Boris Groys, and Wolfgang Ernst, considers how various kinds of thinking about media are formed.
    In Preface to the Chinese Version of Genealogy of Media Thinking, Zielinski especially emphasizes the diachronic and synchronic nature of media thinking and how media thinking operates in the “connection” between diachronic and synchronic nature. In Zielinski's view, it is necessary to explore the “deep time” of audiovisual technology from a diachronic perspective. However, the history of media development is not a linear history but a multi-level and interpenetrating history. In this case, it is crucial to use lateral thinking to re-understand the media from a synchronic perspective. It is under the guidance of lateral thinking that people can find the origin point of the same medium in different disciplines and places at the same time. Zielinski believes that the diachronic and synchronic aspects of media thinking are not unrelated, but operate in “connections”, and it is in this connection that heterogeneous, different, and separate knowledge can be connected and form some lineage of media knowledge.
    Genealogy is Zielinski's most important research method for media archaeology. However, from works such as Media Archaeology and Time Machine, the core ideas of Zielinski's media archaeology have undergone many changes. He proposes concepts such as “prospective archaeology” and even “archaeology of the moment”, turning his gaze from the “past” to the “future”. Both “immediate archaeology” and “prospective archaeology” try to find the “future world” in the old or existing things, and such media archaeology has a strong utopian tendency.
    Zielinski is quite dissatisfied with the media studies of European and American logosism. He emphasizes the diversity of modernity and proposes the importance of shifting media studies to the “Global South”. However, due to the knowledge background and educational environment, it is still difficult for Zielinski to completely get rid of the media thinking of Eurocentrism. In addition, it is worth noting that in the study of the spectrum of media thinking, Zielinski especially emphasizes the importance of “media imagination”, and encourages people to boldly cross the boundaries, break the rules, and obtain the ability to grasp the reality and the future with new imagination.
    “Power” is a keyword in Foucault's research on the archaeology of knowledge and genealogy. Through the media archaeology of genealogy, Foucault hopes to explore the reasons and criteria for the formation of certain knowledge discourses as well as the power relations and structures surrounding these knowledge discourses. However, when Zielinski discusses media thinking and media archaeology with the help of Foucault's genealogy theory, his focus is the correlation between different media, but he does not pay enough attention to the power behind the development of different media. Therefore, while applying Zielinski's media thinking theory to expand the boundaries of media studies, we need to know more about the decisive role of political, economic, and cultural power behind media thinking.
  • GUO Quanzhong, LI Li
    Jinan Journal. 2024, 46(12): 81-96. https://doi.org/10.11778/j.jnxb.20241587
    Generative Artificial Intelligence (GenAI) has not only reshaped the way of production, dissemination, and knowledge creation but also profoundly affected the social order and human thinking mode. As a powerful technical tool, the data-driven logic, algorithmic optimization mechanism, and black-box characteristics behind it have gradually become the focus of attention of academics and policymakers. How to deeply deconstruct the black-box characteristics of GenAI from technical, ethical, and social perspectives and explore its far-reaching impact on the social and cultural structure is the core issue of this study.
    The core mission of GenAI is to mimic human language, values, and thinking abilities, the goal that makes it increasingly technologically complex and insidious. Unlike conventional AI, GenAI embodies a high degree of non-interpretability in every aspect of its technical model, training process, and generation of results, shaping its unprecedented pure black-box nature. Based on the cutting-edge research and practice of GenAI development, this paper constructs a “stacked black-box” model, proposing that the black-box characteristics of GenAI are superimposed by three components: the technical black-box is reflected in the complexity of the algorithmic model; the nourishment black-box is reflected in the hidden nature of the training data source and processing; and the result black-box is reflected in the weak interpretability and uncertainty of the generated text.
    Although explainable artificial intelligence (XAI) tries to demystify the AI black-box through technical paths, its effect is still limited. From “pre-modeling explanation” and “interpretable model” to “post-modeling explanation”, the development of XAI has not yet really opened up the whole process of deep learning models, and may even increase the complexity of the system by adding secondary models. At the same time, the paradox of “explainable-human-like” is further highlighted. On the one hand, human beings want AI to simulate the complexity of human thinking; on the other hand, they demand transparency in the process, and this contradiction puts the development of technology in a dilemma. This paper emphasizes that it may not be realistic to completely demystify the GenAI black-box, and it is more important to balance the relationship between technological transparency and social needs.
    As GenAI is widely embedded in daily life, the traditional “black-box society” is evolving into “Neoblack-box society”, and the technology outsourcing system constructed by GenAI is becoming an important pillar of social decision-making, but it brings new problems such as centralization of power, technological inequality, and untraceability of decision-making. This paper proposes the concept of “thinking ratio”, arguing that in the context of widely embedded black-box technological systems, human beings need to strengthen their ability to “think about thinking” and “judge about judging”, so as to realize rational control of technology amid uncertainty. This paper provides a new path for the collaboration between technology and society at the cognitive level.
    This paper expands on previous studies in the following three aspects. First, it focuses on the key ethical issue of the “explainable-human-like” paradox from the multidimensional perspective of “superposition”, revealing the inherent contradiction between generative AI in the pursuit of transparency and human-like intelligence. Through the comprehensive analysis from technical logic to ethical dilemma, it provides a new theoretical perspective for the study of AI ethics. Second, the impact of AI technology on social formations is understood from the perspective of the black-box, revealing the far-reaching reshaping of technology on social order, resource distribution and individual ways of thinking. Third, the concept of “thinking ratio” is proposed in the face of criticisms that AI has made humans lose their thinking, turning attention to human cognitive adaptability to complex technological environments, and providing a new way of thinking for the understanding of the evolution of human decision-making ability in the technological era.
  • CHENG Xiao
    Jinan Journal. 2024, 46(9): 52-64. https://doi.org/10.11778/j.jnxb.20240852
    The China Personal Information Protection Law (PIPL), China Civil Code (CCC) and other laws do not regard the legitimate interests of personal information processors (or third parties) as an independent legal basis for the processing of personal information as the EU General Data Protection Regulation (GDPR) does. This has led to some criticism and doubts: does this constitute a legislative loophole? How can the balance of interests between personal information processors (or third parties) and individuals be achieved under current Chinese law?
    This article, by reviewing relevant EU legislation and incorporating the authoritative opinions of EU specialized working groups and foreign legal theories, examines the specific content and application methods of legitimate interests as a legal basis for personal information processing under EU law. It points out that this approach has significant drawbacks and cannot be directly transplanted into the PIPL. Moreover, upon examining Chinese law, it can be found that comprehensive and systematic application of the existing law is in fact sufficient to protect the legitimate interests of processors and third parties. It neither needs nor should introduce legitimate interests as an independent legal basis for personal information processing. It is right and reasonable that Article 13, Paragraph 1 of the PIPL does not include legitimate interests as an independent legal basis for personal information processing.
    Specifically, on the one hand, from the Data Protection Directive to the GDPR, the scope of legitimate interests under EU law has always been too broad, and individual case circumstances and various factors need to be considered before application for interest balance test. Therefore, there is greater unpredictability and difficulty in interpretation and application, and it does not comply with the strict norms of Personal information processing and fully protecting personal information rights and interests in China. On the other hand, CCC, PIPL Cybersecurity Law and other Chinese laws already contain provisions that specifically protect the legitimate interests of processors and third parties in the personal information processing activities. For example, these provisions cover the processing of personal information necessary to fulfill legal obligations, the processing of personal information conducted in the public interest, and the processing of personal information necessary in emergencies to protect the life, health, and property safety of natural persons. As for situations that are not emergencies but are still necessary to protect the life, health, and property safety of processors or third parties-such as providing personal information for litigation or dispute resolution, processing personal information for debt collection, and processing personal information for marketing purposes-these can also be resolved one by one through relevant regulations. In addition, China law also has corresponding provisions on the hierarchy between the legitimate interests of the processor (or a third party) and the rights and interests of individuals. Therefore, legitimate interests should not be used as the legal basis for the processing of personal information under Chinese law.
    This study, based on an analysis of foreign laws and a thorough understanding of domestic laws, reveals that while the EU and China share similar concerns in balancing the interests of processors (or third parties) and individuals, they have taken different technical approaches. This helps in scientifically viewing legal differences, promoting a full understanding and application of China's existing reasonable legal system, and advancing the development and improvement of the rule of law in personal information protection.
  • FENG Lingsheng
    Jinan Journal. 2025, 47(1): 113-125. https://doi.org/10.11778/j.jnxb.20240051
    The nature of one spouse's tortious debt has been controversial among legal scholars and practical legal workers. Article 1064 of China's Civil Code stipulates the criteria for determining marital joint debts, but has not settled the controversy. There is a dispute among scholars as to whether Article 1064 of the Civil Code can be applied to the tortious debts of one spouse. In applying Article 1064 of the Civil Code to determine the nature of the tortious debts of one spouse, the judicial practices have adopted different identification standards. Therefore, there is no unified view among scholars and practical legal workers on determining the nature of the tortious debts of one spouse, which needs further discussion.
    This paper mainly employs the method of interpretation. Through the method of interpretation, this paper discusses whether Article 1064 of the Civil Code could be used to identify the nature of the tortious debt of one spouse and how to solve it.
    Compared with previous studies, the innovation of this paper mainly lies in the following two points. First, different from the mainstream view, this paper supports that Article 1064 of the Civil Code can be used to determine the nature of one spouse's tortious debt. Second, as the mainstream view of the existing studies denies that Article 1064 of the Civil Code can be used to solve the issue of determining the nature of one spouse's tortious debt, existing studies do not discuss how to use Article 1064 of the Civil Code to solve the issue above. Based on the first innovation, this paper explains how to apply Article 1064 of the Civil Code to solve the issue of determining the nature of one spouse's tortious debt. This paper holds that Article 1064 of the Civil Code provides three criteria for determining the nature of the tortious debt of one spouse. The first criterion is the expression of the spouses' common intention as the joint legal act, the key point of which is whether the spouses and the injured party have reached an agreement to transform the tortious debts of one spouse into a joint debt of the spouses. The second criterion is the expression of the spouses' common intention as the co-existing debt, the key point of which is whether the infringed party can prove that the spouses have reached an agreement to transform the tortious debts of one spouse into a joint debt. The third criterion is using the debt for the spouses' joint living, production, and operation. Whether the debt has been used for the joint living, production, and operation of the spouses should be defined by the utility theory of value, and the scope of the joint living, production, and operation of the spouses varies depending on the type of debt.
    This paper clarifies the legal basis and the criteria for identifying the nature of the tortious debts of one spouse. This is conducive to calming down theoretical disputes, unifying judicial adjudication, and fairly protecting both spouses' and creditors' legitimate rights and interests.
  • FAN Zhongxin
    Jinan Journal. 2025, 47(1): 25-45. https://doi.org/10.11778/j.jnxb.20231423
    This paper is a rough and comprehensive investigation and interpretation of the most common procedures and ceremonies in traditional Chinese judicial activities, which have more formal significance than substantive significance. This kind of procedure and ceremony is called judicial etiquette. Our interpretation will adopt the method of historical jurisprudence. We regard some customary and customary rituals that have long been practiced in traditional Chinese judicial activities, namely, judicial etiquette, as an important part of the national legal system and as the embodiment of national culture or national spirit. This paper intends to make a rough survey and summary of these ceremonial phenomena, and then make a preliminary analysis and interpretation of the national value concept or national spirit deliberately demonstrated by them.
    As a “state of rites and justice” and a “state of rites and ceremonies”, traditional China, from the court down to the government at all local levels, attaches great importance to demonstrate the country's benevolence and justice and fair attitude through certain ceremonial formalities or procedures in judicial activities. These ceremonial procedures are partly due to national legislation and partly due to the political habits of the past dynasties. In the broad judicial activity, those procedures that are carried out “routinely” for a long time, with a certain performative, even slightly funny sense, have a “ritual” nature. Those formalities are often not necessary for ascertaining the facts of the case, making or enforcing judgments, or they are not primarily intended to undertake such substantive tasks. It is mainly to show that the national judiciary is following the great righteousness of “careful punishment”, “pardon a punishment”, “merciful punishment”, “auspicious punishment”, “justice with pity”, “obey the way of heaven”, “follow the law of nature”, “harmony between human and nature”, and so on.
    This paper mainly starts with the various ceremonial procedures in ancient Chinese judicial activities, such as “trial after fast”, “the emperor approved the death penalty”, “seasonal justice”, “relatives bade farewell to prisoners on death row”, “amnesty ceremony”, “sacrifice to the city God” and “offer sacrifices to evil spirits”, and makes a brief review, summary, and interpretation of the ceremonial procedures in traditional Chinese judicial activities in a broad sense. In particular, it tries to analyze and explain the idea or spirit of following the way of heaven, following the natural law, reflecting love and humanity, and pursuing justice and fairness behind these ceremonial procedures, and explain the Chinese nation's view of judicial justice behind them.
    This paper finds that the concepts of “benevolence and punishment” and “obedience to heaven” embodied in the traditional judicial etiquette has both Confucian and Taoist influences. The soul of these judicial rites is summed up as “benevolence” and “Tao” most accurately. The “benevolence” means “merciful and humane”, and the “Tao” means “obey the way of heaven” and “communication god”. These judicial rites reflect the unity of Confucianism and Taoism. It is from the ultimate concept of “benevolence” that all the above-mentioned judicial concepts of benevolence and its externalization of judicial etiquette, as well as the procedures, rituals, and taboos of expressing “compassion”, are born. “Tao” lies in the way of seeking governance according to heaven. To follow the “Tao”, the ritual procedures that highlight the purpose of following heaven, dharma heaven, and God came into being.
    Although there is still a considerable distance from today's pursuit of democracy, rule of law, freedom, etc., those ceremonies and their pursuit of value, by highlighting the “benevolence” and “Tao”, explained the greatest commonality between the Chinese nation and the legal civilization of major ethnic groups in the field of vision.
  • LYU Kangning
    Jinan Journal. 2024, 46(11): 112-125. https://doi.org/10.11778/j.jnxb.20241277
    For a long time, research on legal rules in China's legal community has focused on the description of the constituent elements, forming a logical structure theory of legal rules dominated by the “two-element theory”, that is, legal rules are composed of two parts: behavioral patterns and legal consequences. This theory, through a modular approach, can effectively describe the constituent elements of legal rules, thereby simplifying the understanding of legal rules. However, the determination of behavior patterns by legislators and their connection with legal consequences to construct legal rules reflects not only the evaluation of conflicts of interest but also their ideal of how to organize social order. Therefore, there is insufficient attention to the question of whether the thinking process of legislators constructing legal rules implies the general rules of evaluating interests.
    What decision-making rules do legislators follow when constructing legal rules? Is it legitimate? Will there be any changes? The reflection on fundamental issues such as legal rules is referred to as the proposition of “legislative logic of legal rules” in this article. With the continuous deepening of traditional legal studies towards scientific and refined direction driven by domestic and foreign research in law economics, it is feasible to construct the concise theory of extracting and interpreting the legislative logic of legal rules in a general sense. This article, with the help of the research results of the logical composition theory of legal rules, adopts the research 2perspective and methods of law economics and focuses on exploring the benefit evaluation rules contained in the activities of legislators to determine their behavior patterns. Firstly, at the micro level, it analyzes the characteristics and underlying principles of legislative activities in assigning obligations to affected parties. Secondly, it demonstrates why this principle can obtain unanimous consent from the affected parties. Finally, it verifies whether this principle has universal guiding significance for legislative activities at different social stages.
    Compared with existing literature, this article starts with the establishment of behavioral patterns, analyzes the basic logic that governs the thinking activities of legislators in constructing legal rules, and examines its legitimacy. After examining its “phase transition”, it is found that the “Pareto efficiency” standard is the true logic that legislators follow in constructing legal rules, which distributes the burden of preventing accidents to the subjects with lower prevention costs in the group. In the long run, those who suffer losses can receive sufficient advance compensation due to equal opportunities, so that the change not only obtains the unanimous consent of the affected but also has the character of distributive justice, ultimately improving the overall social welfare.
    The theoretical extension of understanding legal rules as one of the core categories of law in this study is in the following aspects. Firstly, the underlying governing logic of the thinking activity of legislating to determine behavioral patterns and connecting them with legal consequences to construct legal rules follows the “Pareto efficiency” standard of interest transformation. Secondly, the “Two elements theory”, as a logical structure theory of legal rules, is descriptive and flat, while the “Pareto efficiency”, as a legislative logic theory of legal rules, is explanatory and three-dimensional. The progression from “description” to “explanation” and from “flat” to “three-dimensional” is the evolution of cognitive legal rules. Thirdly, with the continuous reduction of information acquisition costs driven by scientific and technological progress, the constituent elements of legal rules have undergone “phase transitions” in different historical periods. However, the decision-making logic of legislators establishing behavior patterns through interest evaluation always follows the “Pareto efficiency” standard. This logic always follows the principle of “responding to changes with the unchanging”, dominating the pursuit of human institutional civilization.
  • DU Mingqiang
    Jinan Journal. 2024, 46(9): 65-78. https://doi.org/10.11778/j.jnxb.20230905
    Due to the advent of the era of artificial intelligence, it not only has impact on the traditional legal system of personality rights, but also provides the new soil for the generation of new personality right. A large number of informational personality rights based on “legal interests of personal information” emerged as the times require, it is difficult to follow the traditional theory of personality rights to interpret it, so it is appropriate to rename this kind of personality rights as “informational personality rights”. The existing literature mostly focuses on the sporadic exploration of specific personality rights such as “personal information right”, but has not paid attention to the generality of emerging personality rights in the practice of digital intelligence, and the concept of “informational personality right” with epochal characteristics has not been found. Therefore, on the basis of clarifying the normative meaning of “informational personality right”, this paper further demonstrates the reasons or values on which it can become concrete personality right, we hope to promote its identity transformation from emerging right to legal right.
    We sorted out relevant literature of information law and personality rights in CNKI, Pkulaw, Westlaw, Heinonline and other databases, and comprehensively applied interdisciplinary approach, system and logical analysis, finally found that informational personality rights is an emerging personality right based on the digital technology advancement, and it is the legal response to human dignity when faced with the revolution of the intelligent technology, and it mainly includes sub-types of the informational privacy right, personal information right, and the right to be forgotten. Form the legal point of view, the peculiarity of the informational personality right is different form the other special personality right, which takes various facets of personal information an the object of rights, satisfy the subjective standard of the will power attribute of private right autonomy, and serve as the substantive standard and empirical of the objective legal order. It has the legal foundation and normative basis for legalization, and conforms to the theoretical and practical benchmarks for the realization of rights. Therefore, the informational personality rights should be incorporated into the family system of personality rights, so that it can give full play to its important institutional value of enriching the personality rights' theory, expanding the power and capacity of personality rights, enriching the rule system of personality rights and coping with the crisis of dignity.
    This paper contributes to the existing literature in two aspects: the first is to put forward the basic concept of “informational personality right”, and conduct a systematic study on the emerging personality right carried by broad personal information, expanding the previous literature on the theory of emerging personality right from a new perspective. Second, this paper is different from the existing research paradigm of scattered research on specific personality rights such as “privacy right and personal information right”, it is committed to exploring the common issues of the generation of informational personality rights in the digital age, explaining its basic category in combination with its normative characteristics, analyzing its object structure, and establishing its identification criteria, which is to obtain a fundamental understanding of the commonality of informational personality rights.
    This research is helpful to standardize the legal structure of the emerging personality right and expand the theoretical accumulation of personality right in Chinese civil law. The establishment of standards for the generation of informational personality rights can provide intellectual reference for the formation and construction of relevant emerging personality rights, and then enrich and expand the theoretical system of personality rights. At the same time, it has important reference value for implementing and improving the personality rights compilation system of China's Civil Code, and provides academic basis for the judicial protection of emerging personality rights in the intelligent era, and then promote the full play of the utility of civil law in the governance of digital society.
  • YANG Jupeng
    Jinan Journal. 2025, 47(1): 182-196. https://doi.org/10.11778/j.jnxb.20240869
    In recent years, the heavy academic workload of primary and secondary school students in China has drawn widespread societal attention. To address the issue of students' heavy workload in primary and secondary education comprehensively and systematically, China has introduced the Opinions on Further Reducing the Burden of Homework and Out-of-School Training for Students in Compulsory Education (hereinafter referred to as the “Double Reduction” policy). The “Double Reduction” policy is a strategic initiative of the Party and the state in the new era for building a great modern socialist country, which is of significant importance for alleviating the burden on students, guiding their healthy growth, and promoting the high-quality development of basic education. However, the current implementation of the “Double Reduction” policy faces challenges such as suboptimal outcomes and social controversies. There are still disagreements in areas such as alleviating parents' educational anxiety, improving students' learning quality, increasing teachers' workload, and strictly regulating off-campus training institutions. How to further improve the “Double Reduction” policy is an urgent requirement at present.
    This paper systematically analyzes the “Double Reduction” policy using the theory of responsive government as an analytical framework and explores the issues and mechanism reconstruction of the “Double Reduction” policy from the perspective of a responsive government, providing a new perspective for understanding and solving the problems in the implementation of the “Double Reduction” policy. This study believes that the core value of the “Double Reduction” policy is to “return to the essence and reduce burdens while improving quality”. The “Double Reduction” policy plays an important role in eliminating utilitarian and short-sighted behaviors in education, correcting the inversion of education between schools and after-school training institutions, alleviating parents' educational anxiety, and correcting the excessive market behavior of “shadow education”. However, when examining the “Double Reduction” policy from the perspective of a responsive government, it is found that the policy has encountered issues such as rigid and mechanical implementation, creating new educational inequalities, causing chaos in the order of school education, and losing the function of collaborative burden reduction, forming the so-called “Pareto ineffective” policy phenomenon. This study argues that the main reason for these problems with the “Double Reduction” policy is the insufficient construction of a responsive government, and the lack of a policy mechanism constructed from the perspective of responsive government construction, which has led to government policies that do not adequately respond to societal concerns or are not sufficiently concerned about society. Therefore, this study proposes to take the theory of a “responsive” government as the guidance to build a responsive government from the perspective of reshaping concepts, building mechanisms, strengthening supply, and promoting participation, comprehensively achieving the “process reengineering” of the “Double Reduction” policy. This is to promote the “Double Reduction” policy to continuously and effectively respond to the needs of the public, ensuring the effectiveness of the “Double Reduction” policy. This paper reveals the value and problems of the “Double Reduction” policy from the perspective of a “responsive” government and effectively solves the current problems of poor implementation and social controversy of the “Double Reduction” policy. This is of great practical significance for strengthening the initiative and responsibility of the government, creating a responsive government, satisfying the public's aspirations for a “good life” in education, and implementing the purpose of “serving the people”.
  • ZHANG Biao
    Jinan Journal. 2024, 46(11): 46-59. https://doi.org/10.11778/j.jnxb.20242201
    With the rapid development of Internet technology, human society has entered the era of data explosion, and production and life have been inseparable from information and data. Therefore, strengthening data security is related to the overall interests of individuals and national development. The Data Security Law of the People's Republic of China provides basic legal support and protection for China's data security, marking the transformation of China's data security protection from policy requirements to rigid legal norms, thus strengthening the normative effect of data security protection. However, the uncertain legal concepts in the Data Security Law affect the identification of legal facts in the implementation of the law, causing obstacles to the implementation and application of the law, but the uncertain legal concepts cannot be avoided by any law, and they provide discretion space for the implementation of the law, enhancing flexibility and adaptability.
    Through the normative analysis of the uncertain legal concepts in the Data Security Law, this paper interprets the concrete manifestation of the uncertain legal concepts, and then explores the concrete regulation path of the uncertain legal concepts. In addition to the limitations of the law, the Data Security Law cannot avoid the application of uncertain legal concepts, which have to be applied due to uncertain factors such as digital development practices, digital rights, and enforcement practices. The uncertain legal concepts in the Data Security Law are quantitatively concentrated in Chapter Ⅵ: legal liability, Chapter Ⅳ: data security protection obligations, Chapter Ⅰ: general provisions, and Chapter Ⅲ: data security system, which can be divided into three types of units from the perspective of the type of content, scope and degree, and mainly concentrated in the distribution of provisions, such as guiding clauses, mandatory clauses and oath clauses. Although the uncertain legal concepts cannot be completely negated, they do weaken the normative effect of the Data Security Law in safeguarding national data security in practice. Too much discretionary space for administrative law enforcement damages the objectivity and stability of the protection of the rights and interests of relevant subjects, and it is difficult for social subjects to form future expectations of data development, thus restricting their enthusiasm and creativity. Therefore, it is urgent to eliminate the adverse effects of uncertain legal concepts. We should formulate discretionary benchmarks to regulate law enforcement behaviors from subjective cognition, means, motives, consequences, and other specific aspects. Additionally, we should carry out internal relief of rights and interests through administrative reconsideration, strengthen external supervision through judicial review, and construct a regulatory chain of uncertain legal concepts.
    Compared with previous literature, this paper expands the following research ideas: (1) It categorizes the specific manifestations of uncertain legal concepts and clarifies the specific application conditions, providing corresponding solutions and ideas for solving the fuzzy influence of uncertain legal concepts. (2) Based on dialectical thinking, this paper explains the legitimacy of uncertain legal concepts and proposes that only the capricious and arbitrary norms caused by uncertain legal concepts should be regulated, and the key points of the problem should be identified and solved.
    This paper objectively and directly presents the specific application form of uncertain legal concepts in the Data Security Law, which is helpful to concretely and categorically analyze the practical impact of uncertain legal concepts, providing ideas and references for the specific application of regulatory uncertain legal concepts in practice.
  • HUANG Xinfei, ZHAO Chenglin
    Jinan Journal. 2024, 46(12): 125-145. https://doi.org/10.11778/j.jnxb.20240392
    In recent years, the natural population growth rate has declined significantly, and the competition around “population” has become increasingly fierce. Existing literature has not reached a consistent conclusion on the relationship between housing prices and labor migration, and there are still deeper factors influencing labor migration. The establishment of national hi-tech zones is an important means for local governments to promote the transformation and upgrading of industrial structure, and has an important impact on labor migration. Although the construction of national hi-tech zones can improve urban economic development and promote the transformation and upgrading of industrial structure, if the development results are not internalized into the income premium of the migrant population, the attraction of the construction of hi-tech zones for the migrant population is still doubtful. This paper attempts to conduct an exploration of the construction of hi-tech zones and test the role of this policy in the field of migration decision-making.
    This paper manually collects the resident population data of 233 prefecture-level cities in China from 2004 to 2018 and empirically tests the impact of the establishment of national Hi-tech zones on regional population mobility by using the time-varying difference-in-differences (DID) method. The results are as follows. (1) The establishment of national hi-tech zones has expanded the permanent population of the cities in which they are located, which can increase the total population by 4 percentage points. The construction of hi-tech zones has an inhibitory effect on the growth rate of the permanent resident population. (2) The mechanism test proves that the establishment of national hi-tech zones in a region enhances the attractiveness of the region to the population through three channels: promoting the transformation and upgrading of regional industrial structure, raising regional wages, and improving the environment for innovation and entrepreneurship. (3) The results of heterogeneity analysis show that the longer the construction time of national hi-tech zones, the more obvious the role of national hi-tech zones in attracting population inflow; and the positive promoting effect of national hi-tech zones on population size is more significant in the central and western regions and backward areas.
    Compared with previous studies, the theoretical contributions of this paper are as follows. First, it expands the research perspective of migration decision-making of the migrant population. From the perspective of urban industrial layout, it explains the attraction effect of high-tech industrial agglomeration on migration decision-making. Based on solving the problem of “come” of the migrant population, it further solves the problem of “stay” from the perspective of providing higher wage premiums. Second, it promotes research on the construction effect of national hi-tech zones, extends research on such regional industrial policies with Chinese characteristics to the level of urban livability, and provides a new idea in line with the development concept of new urbanization for the construction of hi-tech zones.
    The conclusion of this paper clarifies the internal logic of the influence of the establishment of national hi-tech zones on population migration decision-making to a certain extent, and demonstrates the way that hi-tech zones play a role in affecting the migration decision-making of population, helps local governments to formulate appropriate industrial policies to attract population inflow, and provides a new perspective for China to promote the construction of new urbanization and realize the coordinated development of technological innovation and human resources.
  • MIN Feng
    Jinan Journal. 2024, 46(10): 1-16. https://doi.org/10.11778/j.jnxb.20241161
    The “Cishi” writings (historical creations in Ci-poetry) that employ the form of Ci-poetry to document contemporary events and confront reality directly appear in the chaotic time caused by the war that resulted from the Qing Dynasty replacing the Ming Dynasty. They flourish in the late Qing Dynasty in all respects. The grand progress all connects closely with the war's stimulation. The Opium War marks the prelude to the drastic changes of the late period. Due to the unique nature of the war and the concurrent profound transformation of the Qing Dynasty's Ci-poetry, the “Cishi” writings before and after the Opium War are considerable in quantity and rich in meaning, yet they have not received the corresponding attention. Compared with the studies related to the transition from the Ming Dynasty to the Qing Dynasty, the Taiping Heavenly Kingdom, and the Boxer Rebellion at the end of the Qing Dynasty, academia's discussion on the “Cishi” of the Opium War is the most deficient, with many issues still awaiting detailed investigation. This paper extensively collects works of the “Cishi” genre from the Opium War period, and on the basis of a comprehensive review of relative literature, elucidates the characteristics of the “Cishi” of the Opium War through reading of the texts, and places it within the macro context of the evolution of Ci-poetry in the Qing Dynasty for observation, hoping to accurately grasp its value and re-evaluate its academic significance.
    The innovative essence of “Cishi” writing during the Opium War period needs a representational framework that encompasses both diachronic and synchronic dimensions. In terms of creative themes, the proliferation of opium in the late Qing Dynasty spurs a surge of opium-themed lyrical compositions, where the imagery inherently carries specific “Cishi” connotations, eliminating the need for external metaphorical attributions. This natural intercommunication between the genre of “Yongwu” (object-eulogy) and “Cishi” constitutes a new phenomenon in the history of “Yongwu Ci” (object-eulogy Ci). Similar literary techniques often contain a variety of spiritual attitudes, and it is the combination of these that determines the success of a work, which is the intrinsic regulatory nature of opium-themed Yongwu Ci. Observing from the perspective of historical representation, we can find that the Ci poets, in the face of societal upheaval, record both the social facts and images with their pen. The former continues the tradition of “Shishi” (historical recordings in poems) in Chinese literature, elevating the spirit of factual recording to an unprecedented level, such as the depiction of the hardships of the people and the use of linked-chapter forms, which were inherited and further developed during the Taiping Heavenly Kingdom period; the latter essentially belonging to a history of the soul is a shaping of the war by the author, which includes extremely novel textual artistic characteristics, and such works could only have emerged when China was first impacted by the Western world. Furthermore, considering the development of Ci-poetry studies in the Qing Dynasty, during the Opium War period, the Changzhou School of Ci-poetry gradually grew stronger, and its theoretical standard of “Ci-poetry also have history” and the advocacy of implicit metaphorical techniques could be affirmed to have been consciously practiced in creation. This is an important phenomenon in the study of Ci-poetry that has long been overlooked. The pinnacle of “Cishi” writing at the end of the Qing Dynasty and the beginning of the Republic of China is indeed founded on the lyrical stage of the Opium War period.
    This paper primarily expands existing research in three aspects. Firstly, relying on the compilation of the comprehensive collection Quanqing Ci (Complete Ci Poems in Qing Dynasty), a comprehensive census and statistical analysis of primary sources have been conducted, resulting in a significant breakthrough in the quantity of literature. Secondly, the interpretation of texts focuses on vertical and horizontal associations, centering on the individuality of the research object to ensure a precise and concrete approach. Thirdly, specific works are used to verify theoretical trends by reflecting on the criticism of lyric studies from the perspective of creation. This paper is grounded in originality and contributes to the advancement of Qing Dynasty Ci-poetry studies toward a more in-depth and comprehensive understanding.
  • MA Xiao
    Jinan Journal. 2024, 46(12): 70-80. https://doi.org/10.11778/j.jnxb.20231825
    In recent years, the issue of citizens' movement trajectory information has become a hot topic in protecting personal information. As an important personal right of citizens, it should be given due attention and protection. Against this backdrop, investigative agencies and Internet companies find it significant for case handling and business development to obtain such information, thus necessitating strict protection of this type of information. However, existing literature is scarce on the application of citizens' movement trajectory information in investigations and the relevant legal rules, especially on how to determine the status of such information in judicial trials and how to establish it as a type of evidence material.
    This article employs the method of judicial case analysis to statistically identify the widespread abuse of citizens' movement trajectory information in practice. In judicial trials, there is no uniform classification or determination of such information. Specifically, there are situations where this information is directly used as evidence, situations where it is used as auxiliary evidence for direct determination, and situations where it is used as a clue to obtain other evidence that is directly determined as evidence.
    This article expands on previous literature in the following two aspects. First, it explores the legal attributes of citizens' movement trajectory information in the application of investigations, analyzing the legal attributes of such information from the perspective of technical investigation within the investigative power, thus expanding literature on the legal attributes of movement trajectory information. Second, unlike existing studies, this article applies a quantitative research method, summarizing the situations that occur in practice and confirming the specific forms of abuse of such information in practice.
    This article reveals, to some extent, the internal logic of the protection of citizens' movement trajectory information in the context of China's personal information protection. It is helpful for our investigative agencies to develop corresponding systems in the future when using such information, provide rights protection for obtaining such information under different circumstances, and ensure the orderly development of citizens' personal rights.
  • CHU Kejia, LAN Hai, XIE Guanxia
    Jinan Journal. 2024, 46(11): 162-180. https://doi.org/10.11778/j.jnxb.20240232
    In recent years, with the opening-up of the capital market and the high-quality economic development, China has become a financial power that attracts worldwide attention. The stability of debt risk is the key to maintaining the smooth operation of the capital market. As the main participants in the capital market, the behavior of enterprises and investors is closely monitored by the government and the market. Against the backdrop of social security reform, investors' attention to social security has increased significantly. However, most existing studies explore investor behavior in a broad sense and do not focus on institutional investors who prefer social security.
    This paper uses the CSMAR database and the DIB database to select listed companies in China's A-share market from 2004 to 2020 as the research object. Using the public data of fund companies holding shares of various listed companies in the A-share market, this paper extracts keywords related to social security from the “investment scope” and “investment objectives” of funds to screen out institutional investors with social security preferences, and calculate their shareholding data in listed companies. The OLS fixed effect model is used to explore the impact of the participation of institutional investors with social security preferences on the debt risk of enterprises. This paper finds that the holdings of institutional investors with a preference for medical care, pensions, and other social security can reduce the debt risk level of enterprises. This finding holds after a series of robustness tests and endogeneity tests, including replacing the dependent variable, changing the measurement of the explanatory variables and lagged variables, replacing the research sample, and using the instrumental variable method. In addition, this paper reveals that the inhibitory effect of social security investors on corporate debt risk is more significant in private enterprises, enterprises with less financing constraints, enterprises with a high proportion of female executives, and high-tech industries. This paper finds that this inhibitory effect is achieved by improving the internal control mechanism of enterprises and increasing the analyst attention through the three-step mediating effect method and the Sobel-Goodman test.
    This paper expands on previous studies in the following two aspects. First, this paper screens out institutional investors with social security characteristics, thus distinguishing itself from conventional social security funds. Second, previous literature mainly explores how investors' shareholdings affect stock performance and corporate governance, but this paper focuses on the field of debt risk and explores the impact of social security investors on corporate debt risk.
    This paper can help attract more government departments and investors to pay attention to the social security fields such as medical care and pensions, which can promote the development and optimization of social security undertakings and provide a feasible path for enterprises' debt risk management.
  • LIU Huizheng, XU Qiyang, YUAN Lilin
    Jinan Journal. 2025, 47(1): 146-164. https://doi.org/10.11778/j.jnxb.20241578
    Improving the quality and maintaining stability in the quantity of foreign trade is an important development strategy to expand high-level opening-up. At present, under the new situation of intensified external demand shocks and steady expansion of domestic demand, it is particularly important to explore the impact of changes in the demand pattern on the quality of export products against the background of the new development pattern of “dual circulation”. However, existing literature exploring the quality of enterprises' export products from the two perspectives of domestic demand and external demand is relatively scarce, and few scholars study the impact on the quality of enterprises' export products from the perspective of the linkage between the domestic market and foreign market.
    This paper takes domestic demand and external demand shocks into the analysis framework of export product quality and constructs a partial equilibrium model to explain the impact of domestic demand and external demand shocks on export product quality. Using the export data of Chinese firms from 2000 to 2013, this paper finds that the increase in domestic demand and positive external demand shock improve the quality of export products, and the external demand shock plays a greater role in improving the quality of export products. The mechanism analysis shows that domestic demand changes and external demand shocks affect the quality of export products through the innovation effect and competition effect. Further analysis shows that the linkage between the domestic market and the foreign market can improve the quality of export products. The expansion of domestic demand can further strengthen the role of positive external demand shocks in improving the quality of export products. In particular, for high-quality export products, the expansion of domestic demand can weaken the negative impact of external demand shocks to a certain extent. Therefore, it is necessary to continuously enhance the complementary effect of the two resources in the domestic and international markets in the future. Heterogeneity analysis shows that domestic demand expansion and positive external demand shock mainly improve the quality of export products of large enterprises and processing trade enterprises.
    This paper expands and supplements previous literature in the following three aspects. First, the impact of domestic demand and external demand is incorporated into the same analysis framework, and the impact of internal and external market demand on the quality of enterprises' export products is explored against the background of “dual circulation”, extending the existing theoretical analysis framework. Second, in terms of the impact mechanism, based on theoretical analysis and empirical tests, this paper analyzes the impact of domestic demand and external demand shocks on the quality of enterprises' export products from the perspectives of the innovation effect and competition effect. Third, in terms of research content, this paper extends the research on dual circulation to the linkage analysis of domestic and international markets and considers the impact of the linkage of domestic demand and external demand shocks on the quality of enterprises' export products.
    This paper reveals the path selection of enterprises to improve the quality of export products against the background of the new development pattern, which is beneficial for enterprises to help achieve the strategic goal of becoming a trade power, and helps government departments to formulate and improve policies and measures for building up the strength in quality under the new development pattern of “dual circulation”, enabling the realization of the strategy of building up China's strength in trade and quality.
  • CHEN Lianjun, ZHENG Wei
    Jinan Journal. 2024, 46(9): 13-25. https://doi.org/10.11778/j.jnxb.20241019
    Xi Jinping's Cultural Thought, as the ‘cultural chapter’ of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, not only adheres to and develops the Marxist conception of culture in terms of its content system, but also has a distinctive theoretical character by incorporating the theme of the construction of a strong cultural nation throughout it. Accurately grasping the logical reasoning of Xi Jinping's cultural thought and enhancing the multi-dimensional cognition of Xi Jinping's cultural thought are aimed at giving full play to the role of Xi Jinping's cultural thought in theoretically guiding and practically promoting the cause of socialism with Chinese characteristics in the new era. Xi Jinping's cultural thought is distinctly proletarian in character, based on the actual needs of economic and social development and the cultural needs of national rejuvenation in the new era, and appropriately responding to the ideological game between the East and the West. It regards cultural autonomy as a prerequisite for spiritual independence, and demands that the Communist Party of China (CPC) firmly grasp the right to cultural leadership and the right to speak. Xi Jinping's cultural thought has a complete logical structure, which is reflected in his adherence to the integration of epistemology and methodology, theory building and practice testing, and historical inheritance and realistic creation in his cultural philosophy; his cultural mission, which points to the importance of not forgetting the past and absorbing the present, and making in-depth use of the outstanding qualities of Chinese civilisation and the advanced fruits of human civilisation; and his cultural deployment, in which he integrates the Party's spiritual genealogy into the entire process of ideological construction, and leads the modern culture of the Chinese nation with advanced socialist culture. The cultural deployment integrates the spiritual spectrum of the Party into the whole process of ideological construction, leads the modern culture of the Chinese nation with advanced socialist culture, takes socialist core values as the largest cultural covenant to be practiced by the state, society and individuals, provides cultural power for building a modern socialist cultural powerhouse and realising the people's spiritual life and common prosperity, comprehensively takes into account the contemporary value of the excellent traditional Chinese culture and the cultural needs of national rejuvenation, coordinates the protection of traditional culture, clarifies the mission of contemporary culture, and uses profound cultural insights to make use of Chinese civilisation's excellent qualities and advanced achievements of human civilisation. Xi Jinping's cultural thought is based on the value of the traditional Chinese culture and the cultural needs of national rejuvenation. The value of Xi Jinping's Cultural Thought lies in firming up cultural confidence and preserving the true nature of culture, enriching cultural methods and expanding cultural influence, carrying out cultural practices and stimulating cultural vitality, so as to better realise the “second combination”, and promote the shaping of a new type of cultural organism and a new form of human civilisation. Xi Jinping's cultural thought is the result of the changing times, national needs and theoretical development, which can not only respond positively to the intrinsic call of the economy and society for cultural construction, but also mobilise the spiritual synergy for national rejuvenation. The wisdom and power of Xi Jinping's cultural thought comes from the people and returns to the people, and has a unique cultural logic, which can guide the direction of values in the new era, unite the power of values, solve the cultural problems, release the potential of culture, and better realise the “second combination”, so as to make the modern civilisation of the Chinese nation present a unique and attractive civilisation in the history of the world's civilisation development. This will enable the modern civilisation of the Chinese nation to present a unique and charming civilisation in the history of world civilisation development, and to promote the shaping of a new type of cultural organism and a new form of human civilisation.
  • GAO Songzhi
    Jinan Journal. 2024, 46(12): 29-40. https://doi.org/10.11778/j.jnxb.20240486
    Digital economy is mainly characterized by innovative competition, but the monopolization trend in this field in recent years has triggered people's concern about the abuse of market power by platform enterprises to the detriment of innovation. In the first revision of China's Antimonopoly Law, “encouraging innovation” has been added to the purpose of the legislation to respond to the regulatory requirement. As the concentration of undertakings in the digital economy is highly related to both antimonopoly and innovation, this paper aims to study how to achieve an overall balance between promoting innovation of platform enterprises and maintaining the vitality of innovation in the market through the reasonable construction for the rule of concentration of undertakings.
    Based on the economic theories of Schumpeter, Arrow, and other economists on the relationship between innovation and competition, this paper analyzes characteristics of market structure and competition of the modern digital economy, and proposes that in the field of the digital economy, platforms maintain a “moderately competitive” market pattern, which makes it necessary to compete through innovation, and the platform's concentration of undertakings on startups enables platforms to obtain the innovation needed for competition, while startups can survive and develop with the resources of platforms. Reviewing domestic and international practice cases, this paper summarizes the two-fold effects of concentration of undertakings in the digital economy on innovation: on one hand, the concentration of undertakings can enhance efficiency and capacity of innovation through resource integration of key assets of startups and organizational restructuring, which promotes sustained and rich development of innovation; on the other hand, through “killer acquisitions” or imposing technological blockades after concentration, the concentration of undertakings can restrict or exclude potential innovation, weakens other competitors' ability and willingness to innovate, and thus curb the sources of innovation in the market.
    When the global digital economy and resources are in fierce competition, to support China's platform enterprises to carry out technological innovation and enhance key technological innovation capabilities, this paper proposes that a more inclusive attitude shall be adopted towards platform enterprises' investment in favor of innovation; the “endogenous mode of competition” of innovation shall be clarified in the legislative framework of the current Antimonopoly Law; and the following specific suggestions should be proposed to improve the current rule of concentration of undertakings. First, in the design of the declaration threshold rule, the prior negotiation system can be improved in a non-compulsory manner, and the simplified procedure can be applied to the concentration where unique and significant “technological innovation” can be realized. Second, in the design of the concentration review rule, we can explore the establishment of a preliminary standard of review to identify the anti-competitive effects, and emphasize the burden of proof on the participants of concentration to prove that the concentration can produce favorable effects including promoting innovations. Third, for the application of the remedial measures, a flexible remedy enforcement mechanism shall be established, where additional behavioral restrictions shall be adopted mainly, the monitoring mechanism shall be improved, and participants of concentration shall be allowed to apply for early expiration or adjustment of the additional conditions in accordance with changes in the market environment. The digital economy is still in a stage of rapid development, and adhering to the principle of prudent supervision in monopoly practice aligns with China's strategic development requirement.