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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.
  • 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.
  • 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.
  • 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”.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • XIE Zhenhan
    Jinan Journal. 2024, 46(12): 41-52. https://doi.org/10.11778/j.jnxb.20241020
    The regulation of administrative entities' abuse of administrative power to exclude and restrict competition is an important task of China's anti-monopoly law enforcement. Administrative entities that abuse administrative power to exclude and restrict competition in administrative monopolies should bear corresponding legal responsibilities. However, operators involved in administrative monopolies are rarely held accountable, and their illegal profits have not been properly dealt with.
    The reasons are as follows. On one hand, there is no legal basis for regulating the illegal profits of operators in administrative monopolies in the existing regulatory system, and law enforcement agencies find it difficult to regulate the illegal profits of operators in administrative monopolies. On the other hand, academia lacks a corresponding regulatory theoretical framework with explanatory power and support. There are deficiencies in regulatory theories, making it difficult to effectively guide regulatory activities in practice.
    At present, there are several theories on regulatory theory in academia, such as “identity theory”, “deterrence theory”, “fault theory”, and “unjust enrichment theory”. These theories have their advantages and to a certain extent justify the regulation of the illegal profits of operators in administrative monopolies. However, these theories only support the regulation of the illegal profits of “actively participating” operators in administrative monopolies and encounter theoretical obstacles when dealing with “compulsorily participating” and “passive” operators in administrative monopolies. Therefore, it is necessary to absorb the advantages of existing theories and construct a “restitution” theoretical framework that can adapt to different types of operators in administrative monopolies to support regulatory activities.
    The regulation of the illegal profits of operators in administrative monopolies should be based on the “restitution” theory. In specific measures, it should be implemented in two steps. In the short term, with the help of the existing “order for rectification” system, by strengthening the administrative entity's responsibility to perform “order for rectification”, the administrative entity that abuses administrative power to exclude and restrict competition can correct wrong behaviors and confiscate the illegal profits of operators under the joint supervision of superior administrative entities and anti-monopoly law enforcement agencies. In the long term, laws should be revised to stipulate the corresponding legal responsibilities that operators in administrative monopolies need to bear and stipulate that the illegal benefits obtained by operators from administrative monopolies should be regulated. On one hand, according to the subjective state and actual role of operators in administrative monopolies, the forms of responsibility for operators in administrative monopolies should be stipulated. It should be stipulated that the illegal profits of operators should be regulated using “fines” and “confiscation of illegal gains”. On the other hand, it should be stipulated that illegal profits should be regulated, and the method of “replacing confiscation with fines” should not be adopted. To determine the amount of illegal gains more economically and efficiently, various business information can be taken into consideration and the practice of estimating profit margins by industry in Japan can be borrowed. The amount of illegal gains is presumed, and then the operator can defend against it. Then, we can reach the amount of illegal profits.
  • ZHANG Long, SHEN Yingqi, ZHANG Weiqi
    Jinan Journal. 2024, 46(11): 126-145. https://doi.org/10.11778/j.jnxb.20240975
    The new quality productive forces meet the requirements of high-quality economic development in China under the new development pattern. It is the sinicization of Marxist productive forces theory and the innovative application of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, which has attracted attentions from all walks of life. It is of great significance to correctly understand the connotations and characteristics of new quality productive forces for all sectors to deeply understand and accurately grasp the formation basis, original value, evaluation system, and development direction of China's new quality productive forces.
    This article first traces the concept and basic characteristics of new quality productive forces, further explores the formation basis and theoretical support of new quality productive forces, and focuses on explaining the evaluation system, original value, and development direction of new quality productive forces. Secondly, the formation of new quality productive forces has practical foundations such as significant improvement in productivity, rapid development of science and technology, and the development needs of strategic emerging industries. Marxist theory of productive forces, high-quality economic development, and technological innovation are important theories for the formation of new quality productive forces. Additionally, new quality productive forces have significant original value in theory, practice, and academia. Thirdly, new quality productive forces in China are steadily enhancing, providing dynamic support for high-quality economic development. Cultivating new workers, releasing new production factors, adopting new development methods, and utilizing new infrastructure are important directions for cultivating China's new quality productive forces.
    The main marginal contributions of this article are as follows. Firstly, it attempts to summarize the practical basis and theoretical support for the concept formation of new quality productive forces in China, providing empirical references for all sectors to accurately understand the environment in which new quality productive forces arise, and theoretical origins for the cultivation and growth of new quality productive forces. Secondly, a dynamic evaluation index system for measuring new quality productive forces should be scientifically constructed, providing framework guidance and ideas for various sectors to carry out the statistical measurement and economic effect analysis of new quality productive forces. Meanwhile, this article measures new quality productive forces based on multidimensional indicators, which is beneficial for all sectors to accurately grasp the level of new quality productive forces in China.
    This article, based on the concept of new quality productive forces, analyzes the connotation characteristics, practical basis, and theoretical support of the formation of China's new quality productive forces, attempting to deeply explore the original value and development direction of new quality productive forces. This article deepens the understanding of the concept of new quality productive forces in various fields, and clarifies the original value and practical significance of new quality productive forces. It provides experience reference for the cultivation and growth of China's new quality productive forces, and guidance for the high-quality development of China's strategic emerging industries and economy.
  • TAN Qingzhi
    Jinan Journal. 2024, 46(10): 61-74. https://doi.org/10.11778/j.jnxb.20240551
    To coordinate the relationship between reform and the rule of law, the Legislation Law revised in 2015 created a pilot system of authorized reform. The Legislation Law stipulates that the National People's Congress (NPC) and its Standing Committee may, in accordance with the needs of reform and development, decide to authorize some places to temporarily adjust or suspend the application of some provisions of the law within a certain period for specific matters in the field of administration. What matters can be authorized to the pilot reform? It is the primary problem faced by the authorizer. Article 16 of the Legislation Law amended in 2023 stipulates that the NPC and its Standing Committee can make a decision on the pilot reform of authorization on “specific matters”, and Article 79 stipulates that the State Council can also decide on the pilot reform on “specific matters in the field of administration”. Existing literature has formed four solutions: (1) statutory authority; (2) reservation of law; (3) the judgment of legality, infringement and importance; and (4) the principle of proportionality. However, the four solutions cannot solve the above problem.
    This paper, based on the practice of the decision of the authorized pilot reform, mainly engages in the filling and continuation of the norms in the legal methodology. The empirical review reveals that at present, the Standing Committee of the NPC has authorized as many as 26 reform pilot decisions, and the State Council has made 23 reform pilot decisions. This paper selects two levels of classification standards to carry out two types of reform pilot projects. The first type is at the basic framework level, including two aspects: the extent of the reform pilot to break through the legal system and the level of norms involved in the reform pilot. The most basic classification is the creation of pilot items and revised pilot items, which are divided based on the extent of the reform pilot to break through the legal system. The second type is at the level of case decision, which aims to promote the decision method of authorization matters to have the guiding force in cases.
    Through the typification of pilot reform matters, a set of method systems for determining the scope of specific matters of authorized pilot reform can be constructed. The decision method of the authorized pilot matter aimed at creating a new system includes two steps: The first is to determine the presumed prohibition scope and the absolute prohibition scope of the pilot matter through the demonstration of the reasons for the pilot obstruction. The second is to determine whether to make the authorization decision after balancing the interests in the pilot case within the scope of the above-mentioned presumed prohibition. The decision method of the authorized pilot reform matter aimed at revising the existing system includes two levels: The first is to determine the authorized forbidden zone of the pilot reform matter; and the second is to determine whether to authorize the pilot reform based on the case judgment of substantive illegality outside the authorized forbidden area.
    This paper proves that the matters of the authorized pilot reform are specific in legal theory. The concept of substantive rule of law in the system of authorized pilot reform means that the specificity of authorization matters is limited by the substantive content, which includes and goes beyond the authorization clarity that only requires compliance with the form. Additionally, this paper provides a set of method system for the authorizer to select specific matters, which will promote the excellent operation of the whole authorization pilot reform system, and truly contribute to the “Chinese system” for the relief of the tension between the “rule of law and reform”.
  • CHEN Xijie
    Jinan Journal. 2024, 46(12): 53-69. https://doi.org/10.11778/j.jnxb.20230962
    The legal practice of deficient criminal procedural acts shows the trends of broad explanation of handling deficient acts from authorities, aiming at achieving substantial ruling in case of deficiency procedural management, and wrongfully ignoring the existing deficient criminal procedural act. Consequently, structuring the procedural mechanism of deficient criminal procedural act should be started with the judicial control from a court of the authority's impulse of breaking the law, building the mechanism focus on judges' ruling that is based on the theory of deficiency interest. Specifically, the procedural disposal mechanism of deficient criminal procedural acts follows a sequential construction. First, the procedural disposal of criminal procedural defects uses the interpretation method for retrospective law regulation to identify whether the procedural defects are present. Secondly, it uses the “possibility standard” to judge whether there is a causal relationship between the defects of the litigation conduct and the fair trial. Only when the defects of the litigation conduct are not used as the basis for judgment or the court takes remedial measures in time, can the possibility of the defects of the litigation conduct affecting the fair trial be excluded. Finally, when it is impossible to rule out the causal relationship between the defects of litigation conduct and fair trial, the defendant should be consulted and confirmed whether to exercise the defect objection right based on the defect interest. If the defendant gives up exercising the right of defect objection, the effect of the defect of the litigation act shall be valid. However, if the defendant chooses to continue to exercise the right of defect objection, the judge can consider making a favorable determination to the defendant in the way of penalty right loss, thus exerting the shaping function of procedural justice on the entity result. Therefore, the procedural disposal mechanism of criminal procedural defects responds to the dilemma of the current disposal of procedural defects in different dimensions. As the first step to start the process of handling defects in litigation, the identification method of purpose interpretation provides an effective regulatory path for judges to define the “strategic” tendency of defects in litigation. The construction of a whole set of procedural disposal mechanisms for defects in criminal proceedings provides a set of scientific and reasonable operational guidelines for the cases of defects in criminal proceedings that are not explicitly stipulated by norms or that cannot be exhaustively enumerated by norms. Through a series of procedural means, the procedural disposal mechanism of defects in criminal litigation acts determines the effectiveness of the procedural disposal, and then finally forms the effectiveness evaluation result of defects in litigation acts, practicing a disposal mechanism that respects and reflects the value of procedural independence. Therefore, the procedural disposal mechanism of defects in criminal proceedings can follow reasonable methods of identification of defects in criminal proceedings at the micro level, establish scientific operational norms of procedural disposal at the medium level, and highlight the procedural character of procedural independence concept at the macro level, provide a rational order of operational norms for procedural disposal of defects in criminal proceedings. It realizes a typical disposition system based on the character of procedural autonomy and independence.
  • CHEN Yi
    Jinan Journal. 2024, 46(11): 74-88. https://doi.org/10.11778/j.jnxb.20242200
    User-generated content has triggered a wave of creation involving the participation of all people. It is the evolution from the linear communication model to the dynamic communication model. The booming development of related industries has led to serious infringement problems. Existing research focuses on how to increase the intensity of rights protection and punishment to govern infringement. There is a lack of research on how to promote cooperation between right holders and potential infringers, reduce transaction costs, and improve the utilization efficiency of works.
    This paper combines the theory of the tragedy of the anticommons to explore the rampant infringement problem in user-generated content. The main reason for the rampant infringement phenomenon is that the decentralized and exclusive rights make large-scale licensing face high transaction costs, which hinders the legal use of resources by potential users, and then leads to the tragedy of insufficient legal use of resources, which appears to be rampant infringement. The deeper reason is that the rise of user-generated content has impacted the basic legal relationship of copyright law. The existing copyright licensing mechanism takes industrialized professional entities as potential regulatory objects, while the use mode of works in user-generated content creation is characterized by decentralization, de-industrialization, and popularization of creators. The existing licensing mechanism is difficult to meet the high-frequency use needs of Internet users, and Internet users cannot afford the high transaction costs required by the current licensing mechanism. The absence of effective collective management makes it difficult to integrate fragmented and scattered rights, which encourages a lot of risky illegal infringements or directly suppresses the creative intentions of user-generated content creators. In either case, it will lead to inefficient legal allocation of resources. In this regard, this article proposes improving the fair use system to defend the public domain and weaken the exclusivity of rights in view of the specific situation of the anti-commons tragedy of user-generated content in China. Additionally, we should make use of the responsibility rules to improve the rights utilization mechanism, supplemented by a selective exit mechanism to cope with the high transaction costs caused by fragmented rights. The key to governing infringement is not to strengthen supervision to sever the connection between users and copyright holders, but to reduce transaction costs to promote contact and cooperation between the two.
    The innovation of this paper is mainly reflected in the following aspects. First, the perspective is different. The theory of the tragedy of the commons is used to analyze the infringement of user-generated content. The infringement problem not only involves the infringement of legitimate rights and interests, but also the dilemma of inefficient resource use. Second, it points out that the key to the occurrence and governance of the tragedy of the commons lies in transaction costs, and proposes to weaken the exclusivity of rights and make use of responsibility rules to reduce transaction costs and improve the efficiency of the legal use of resources.
    This paper explores the deep mechanism of the rampant infringement problem. It not only pays attention to copyright protection but also focuses on the multiple parties involved in the infringement problem and different interests. Turning infringement into cooperation, increasing the copyright income that the right holder deserves, and fully guaranteeing the user needs will help to seek a win-win path between the right holders and the users.
  • LIU Haiying, ZHANG Raoshan
    Jinan Journal. 2024, 46(10): 129-147. https://doi.org/10.11778/j.jnxb.20231751
    In recent years, governments at all levels in China have encountered significant fiscal pressures, stemming from various economic and social factors. These pressures are expected to persist and even intensify in the future, particularly as social security expenditures, such as pensions and medical care, continue to rise. Against this backdrop, green technological innovation, characterized by both “environmental protection” and “development” attributes, emerges as a crucial strategy for achieving synergistic progress in pollution reduction, carbon mitigation, green economic expansion, and sustainable growth. Despite its importance, existing literature exploring the intricate relationship between fiscal pressure and green technological innovation remains limited. Specifically, there is a notable gap in in-depth research that elucidates the impact mechanism of fiscal pressure on green technological innovation. This lack of understanding hinders effective policy formulation and implementation aimed at fostering high-quality green innovation.
    To bridge this knowledge gap, this paper delves into the relationship between fiscal pressure and the quality of green technological innovation, drawing insights from the IPC Green List. By identifying green patents issued by the State Intellectual Property Office, this paper employs the methodology proposed by Zhang and Zheng (2018) to measure innovation quality based on patent information. This approach allows us to calculate the quality of green technological innovation for each provincial-level region in China. From a knowledge-centric perspective, this paper meticulously examines the specific mechanisms through which fiscal pressure influences green technological innovation quality. The empirical findings reveal that on the whole, an increase in fiscal pressure tends to hinder the improvement of green technological innovation quality. This conclusion remains robust even after alternative measurement methods for the explained variables are adopted, special samples are eliminated, and interactive fixed effects are introduced. Constructing a mediating effect model, this paper uncovers two distinct mechanisms by which fiscal pressure impacts the quality of green innovation: one by altering innovation preferences and another by influencing the breadth of knowledge. These mechanisms operate in tandem to suppress the quality of green technological innovation.
    Further analysis underscores that the transmission paths of fiscal pressure are not isolated but intertwined. Specifically, fiscal pressure first influences innovation preferences, which then affect the breadth of knowledge, ultimately inhibiting the quality of green technological innovation. Additionally, this paper utilizes the moderated chain mediation model to assess the moderating role of knowledge balance across different paths. The results provide valuable insights into how regional knowledge balance can moderate the negative effects of fiscal pressure on green technological innovation quality.
    Compared to previous literature, this paper contributes to the field in two significant ways. Firstly, grounded in the reality of “pressure-type” governance in China, it explores the influence mechanism of fiscal pressure on green technological innovation quality from both innovation preference and knowledge breadth perspectives. Secondly, by employing the moderating effect model and the moderating chain mediation model, it systematically examines the moderating role of regional knowledge balance, thereby deepening our understanding of the mechanisms through which fiscal pressure impacts regional green innovation quality.
    The policy implications of this study are profound. Firstly, establishing a robust supervision mechanism and achievement evaluation and protection mechanism is crucial to enhance the willingness and quality of innovation among stakeholders. Secondly, to mitigate the adverse effects of fiscal pressure, it is imperative to forge a fiscal relationship that balances financial power with administrative authority, thereby harnessing the leverage effect of fiscal policy, effectively. Lastly, fostering a healthy talent flow and exchange mechanism can leverage the comparative advantages of various regions in innovation and creativity, ultimately contributing to the overall quality of green technological advancements.
  • LIU Wenyong
    Jinan Journal. 2025, 47(1): 14-24. https://doi.org/10.11778/j.jnxb.20231729
    The so-called Chinese classical literary theory is also known as the history of Chinese literary criticism. Regarding the history of criticism, Mr. Qian Zhongshu once said in his article Chinese Poetry and Chinese Painting that “the study of the history of criticism is ultimately for criticism”. Based on this reasoning, the research on the study of the history of criticism is ultimately for criticism. From this, we can see two types of criticism: One is the criticism of ancient Chinese poetry and prose by scholars of the Republic of China, and the other is the criticism of the study of critical history by scholars of the Republic of China at that time. However, since the 1980s, the focus of academic research on the study of Chinese classical literary theory during the Republic of China period has mostly remained on the discussion of professional issues in classical literary theory, with little attention paid to the sharp criticism and evaluation of ancient Chinese poetry and prose by scholars of the Republic of China when studying classical literary theory. Obviously, this is a research flaw that should be addressed in today's research. The former will be dealt with separately, while the latter is the focus of this article.
    The academic community of the Republic of China was full of critical spirit, which was evident in the research community of classical Chinese literary theory during the Republic of China period. They are good at criticizing the ancients and better at criticizing the people of the time. They criticized the young people who liked to criticize their predecessors, criticized the phenomenon of explaining Chinese literature and art from the perspective and insights of Western literature and art, criticized the people who praised The Literary Mind and the Carving of Dragons at the time as mediocre people, criticized the people at that time for not being able to fully understand Han Yu's true spirit, and criticized anti-traditional scholars. In short, they not only criticize the research on modern Chinese classical literary theory as a whole but also criticize specific researchers on classical literary theory and their works such as Wang Guowei, Zhang Taiyan, Fan Wenlan, Chen Zhongfan, Guo Shaoyu, Luo Genze, and Chen Yanjie. Regardless of whether their criticism is right or wrong, they are all straightforward and serious in their criticism.
    This article mainly adopts the method of empirical literature to complete the research on this topic, with brief comments. In terms of empirical literature, it not only provides a macro perspective of the overall situation of the critical spirit in the research community of classical Chinese literature during the Republic of China period but also displays the details of the critical spirit at a micro level, objectively restoring the historical truth of its critical spirit. Therefore, this article presents the actual situation of their critical spirit through a large number of critical comments by scholars during the Republic of China period on various works and articles studying classical Chinese literature at that time, and also presents the overall spiritual state of scholars of an era. The brief comments in the article generally adhere to the principle of value neutrality, not based on personal preferences, and strive to conclude objectively and rationally.
    This article presents the critical landscape or scenery of the Republic of China era to today's academic community, providing references for academic criticism today, or helping to change the current research and commentary atmosphere.
  • LIU Jinquan, GUO Huiping
    Jinan Journal. 2024, 46(10): 86-107. https://doi.org/10.11778/j.jnxb.20240253
    China's economic development has encountered the dual challenges of weakening endogenous growth momentum and a volatile external political environment, the combined effects of which have hurt its economic situation and may trigger systemic risks in the financial sector. To achieve the policy objective of “keeping the economy running within a reasonable range”, we need to analyze in depth the intrinsic characteristics of the economic and financial cycles and their interaction mechanisms, and identify potential sources of risk. Considering that monetary policy and fiscal policy are the main instruments of macroeconomic regulation in China, their cyclical regulation mode and the link between the cycles are also worthy of in-depth exploration. However, current academic research on these issues is still insufficient.
    This paper synthesizes the financial cycle index based on the dynamic assignment method of the GARCH model and uses the continuous wavelet transform to measure the cyclical characteristics of the economic cycle, the financial cycle, the monetary policy cycle, and the fiscal policy cycle from the time-frequency perspective, thus realize the two-dimensional measurement of the cycles in terms of the time series and the spectrum. Secondly, this paper explores the synergistic effect between the cycles based on the wavelet coherence analysis. Finally, a dynamic spillover index model is used to further systematically examine the risk transmission channels between the cycles. The paper finds that firstly, China is currently facing the downward pressure of both economic and financial overlapping, with the length of the financial cycle longer than that of the economic cycle, and the length of the monetary policy cycle longer than that of the fiscal policy cycle. Secondly, after the financial crisis, the cycles have undergone a structural transformation, with the financial cycle being procyclical and the monetary and fiscal policy cycle being countercyclical, in which fiscal policy dominates in macroeconomic regulation and control. Finally, the spillover impact of financial cycle fluctuations has increased significantly in recent years, with the stock market and credit being the risk transmission channels affecting the economic cycle and monetary policy, respectively. China should continue to promote the transition of monetary policy from “prudent” to “loose” and maintain a proactive fiscal policy and appropriately extend the term structure of the policy to boost expectations and promote economic development.
    Compared with previous literature, this paper makes the following contributions. Firstly, it encompasses multiple research perspectives, and explores the cyclical characteristics of each cycle from the time domain and frequency domain perspectives, which helps to better understand China's economic macro-trends and the current situation in the financial sector, as well as sorting out the trajectory of China's monetary and fiscal policies over time. Secondly, it innovatively introduces the fiscal policy cycle, providing a new way of regulating the economic and financial cycles and providing a new way of promoting the development of the economy. Regulation of the economic and financial cycles provides a new research perspective. Thirdly, four cycles-the financial cycle, the economic cycle, the fiscal policy cycle, and the monetary policy cycle-are incorporated into a single theoretical model, which helps to clarify the interactions between China's economic and financial cycles and their impacts on policy, as well as the pathways by which risks propagate between different cycles. It provides reference for further optimizing and adjusting China's fiscal and monetary policies so that they can implement macroeconomic regulation more effectively and thus promote the stable and healthy development of the economy.
    This study reveals the interaction mechanisms and risk propagation pathways between different cycles, which is crucial for preventing the spread of financial risks and giving full play to the macroeconomic control effects of economic policies. It provides important theoretical and practical guidance for China in achieving the macroeconomic goals of “stable growth” and “risk prevention”.
  • QIN Xiaojian
    Jinan Journal. 2024, 46(10): 31-45. https://doi.org/10.11778/j.jnxb.20240558
    The comprehensive deepening of reform in the new era has written a new chapter in the practice of China's Constitution. The Fourth Plenary Session of the 18th CPC Central Committee pointed out, “We will realize the convergence of legislation and reform decision-making, so as to ensure that major reforms are based on the law, and legislation is proactively adapted to the needs of reform and economic and social development.” Article 9 was added to the Legislation Law in 2023, which further clarifies the requirement of the principle of convergence and unity between legislation and reform decisions. In the new era, it is necessary to promote reform on the track of the rule of law and to realize the positive interaction between the rule of law and reform. Under this new reform situation, the NPC Standing Committee decided to authorize pilot reforms, which has neither delayed reforms due to the lack of a legal basis nor broken the law due to reforms, effectively easing the dilemma of whether to reform or to legislate first, and constituting a practical exploration and innovation in coordinating the tension between the rule of law and reforms in the new era.
    On this basis, this paper, comparing the authorization of reform pilot with other types of authorization in terms of the nature, purpose, and constitutional relationship, proposes that the authorization of reform pilot, as a unique type of authorization, is a practice creation at the constitutional level in response to the development of the practice of reform, which constitutes a constitutional practice of innovation that coordinates the relationship between the rule of law and the reform. The reason why the authorized reform pilot constitutes an innovation in constitutional practice is mainly that it plays the constitutional function of dissolving the tension between the specific legal system and the reform, realizing the intermingling of experimental legislation and trial-and-error reform, and adjusting the relationship between the top-level design of the central government and the local pilot projects. However, the discussion on the constitutionality of the authorized pilot reform cannot be absent, let alone be replaced by legitimacy, and its constitutional positioning and constitutional basis need to be understood from the perspective of the essence of the Constitution, or else it is very likely that the constitutional practice innovation will deviate from the constitutional track as a result of separating the provisions of the Legislation Law from the Constitution as a whole.
    Compared with previous literature, this paper points out that the authorized reform pilot is faced with three issues to rise from an innovation in constitutional practice to a constitutional system. Firstly, the constitutional basis for the authorization of pilot reforms should be clarified through constitutional interpretation. Article 16 of the Legislative Law, Item 18 of Article 89 and Item 3 of Article 67 of the Constitution cannot be used as the constitutional basis for authorizing the pilot reform. If we want to use Item 22 of Article 67 of the Constitution as the constitutional basis for authorizing the pilot reform, we need to demonstrate that the authorization is in line with the power attributes and functional positioning of the NPC Standing Committee in the power configuration system. Second, it is necessary to examine the constitutional implications of authorized pilot reforms from the perspective of power configuration. Authorized pilot reform constitutes the constitution in response to economic and social development and the power structure of the expedient adjustment of the normative mechanism. Third, the principles of legal reservation, clarity of authorization, and proportionality should be constructed as a system of principles to standardize and regulate the authorized pilot reform.
    To a certain extent, this paper reveals the internal logic of the pilot of authorized reform, as an innovation in constitutional practice, in what sense it can be called “innovation” rather than “unconstitutional reform”, and in what sense it should be institutionalized, rather than being corrected as unconstitutional, which helps to standardize and institutionalize innovation of constitutional practice, including authorized pilot reform, and promote the fusion of constitutional theory and constitutional practice innovation in China.
  • BIAN Kebing, GUAN Feng
    Jinan Journal. 2024, 46(11): 146-161. https://doi.org/10.11778/j.jnxb.20241579
    In the context of a new wave of global technological revolution and industrial transformation, the rise of digital civilization has had new requirements for the development of new quality productive forces. The advent of digital civilization not only reflects technological progress but also represents a qualitative leap in social productive forces, with profound impacts on human production and daily life. However, existing literature often addresses digital civilization and new quality productive forces in parallel, with scarce research focusing on how to develop new quality productive forces within the framework of digital civilization, and rarely using a Marxist methodology.
    This paper employs a Marxist worldview and methodology, encompassing theoretical analysis, a historical materialist perspective, and critical reflections on contemporary policies. This paper draws on classical Marxist dialectics regarding the relationship between civilization and productive forces, as well as the theoretical explorations by the Communist Party of China (CPC) regarding the qualitative aspects of civilization and productive forces. It constructs a theoretical foundation for new quality productive forces within the digital civilization framework. In light of the distinctive features of China's socio-economic landscape, this paper delves into the general characteristics of digital civilization and the particularities of the Chinese form of “digital civilization”, which inherently define the roles of factor-driven, investment-driven, and innovation-driven forces in the ongoing reconfiguration. This paper examines the challenges that arise in developing new quality productive forces under digital civilization, such as data sharing, capital dominance, and talent cultivation. To address these challenges, it is essential to uphold a dialectical approach to creation and destruction to promote high quality development; to tailor strategies to local conditions for coordinated development; and to adopt a dialectical approach to the emancipation of individuals, enabling the free and holistic development of laborers. Through comprehensive reforms, positive interactions between digital civilization development and new quality productive forces can be fostered to create synergies.
    Compared to previous research, this paper's contributions lie in not only examining the relationship between digital civilization and new quality productive forces theoretically but also proposing specific reform paths and practical solutions. This paper represents a pioneering effort to examine the impact of the Chinese “digital civilization” on the development of new quality productive forces and suggests systems and mechanisms for developing productive forces in alignment with digital civilization. Additionally, this paper puts forth a novel perspective on attaining the autonomous and comprehensive advancement of the workforce through a dialectic of individual emancipation, thereby offering China's insights and solutions to the construction of a community with a shared future for mankind.
    This paper elucidates the theoretical investigation and practical guidance for the advancement of new quality productive forces under digital civilization. It offers novel perspectives and solutions for the construction of digital civilization in China and potentially even on a global scale. Undertaking a comprehensive examination of the concept of new quality productive forces in the context of digital civilization, this paper offers a theoretical framework and practical guidance for driving a qualitative transformation in social productivity and developing a community with a shared future for mankind.
  • LYU Peng, JIANG Zhengying
    Jinan Journal. 2025, 47(3): 1-24. https://doi.org/10.11778/j.jnxb.20242569
    In recent years, selling goods through live-streaming has rapidly emerged as a form of digital labor, attracting an increasing number of individuals to become live-streamers. Existing research on Internet sales anchors has shed light on their labor processes and emotional practices, yet it has failed to address the causes of the trend of universal live-streaming sales. Therefore, this paper, based on the theoretical perspective of moral economy, employs two research methods, participatory observation and in-depth interviews, to delve into the deep-seated reasons behind the public's choice to engage in live-streaming sales.
    To clarify the diversity and complexity of Internet sales anchors, this paper proposes a typological framework for these anchors based on class and income dimensions, categorizing existing anchors into four types: elite reproduction, grassroots reversal, middle-class confusion, and bottom-layer marginalization. Subsequently, this paper analyzes why and how the masses engage in live-streaming sales from three aspects: social context, external environment, and internal demands. It finds that live-streaming provides platforms and employment opportunities for Internet sales anchors, while national policy support and capital investment further expand the market for live-streaming sales. At the same time, interests, intentions, determination, and capabilities constitute the internal requirements for ordinary individuals to become Internet sales anchors. Moreover, a moral economy permeates the commodity value and social interactions in live-streaming sales. In commodity sales, a moral economy demands that Internet sales anchors provide more economical and affordable products as well as more friendly and equitable services. In social relationships, morality is utilized in competition among peers and in companies' control over the behavior of Internet sales anchors. Simultaneously, in the context of the attention economy, a moral economy plays a significant role, leading different types of Internet sales anchors to face two outcomes: moral capital appreciation and moral backlash.
    Compared to previous studies, this paper makes contributions in the following aspects. First, it explores the typological framework of Internet sales anchors and the causes of the live-streaming sales trend from two intersecting dimensions, offering a novel perspective that expands upon existing research on Internet sales anchors. Second, unlike previous studies that focus on digital labor, this paper places greater emphasis on the role of morality in live-streaming sales. Through empirical analysis, it examines the different characteristics of morality in the commodity sales process and social interactions within live-streaming sales. Based on the presence of morality, it further explores the impact of moral economy on different types of Internet sales anchors.
    Live-streaming sales serve as one of the most intuitive windows for understanding contemporary digital Chinese society. To some extent, this paper reveals the social motivations and moral economic logic behind the phenomenon of live-streaming sales. It provides a foundation for policy-makers to reflect more deeply on theory and reality from the perspective of moral economy in the context of the rapid development of the digital economy. By providing differentiated policy support for different types of Internet sales anchors, they can better navigate the challenges of rapid growth in the digital economy and explore sustainable development pathways for the live-streaming industry.