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  • LIAO Fan
    Jinan Journal. 2024, 46(7): 47-60. https://doi.org/10.11778/j.jnxb.20240029
    Digital sovereignty is seen as the natural extension of national sovereignty into cyberspace and the digital domain, encompassing both Internet sovereignty and data sovereignty. Internet sovereignty involves a state's jurisdiction over the Internet space, while data sovereignty pertains to a state's supreme authority and independence over data. The proper interpretation and application of digital sovereignty can help promote positive development in global digital governance, but its misuse may lead to excessive regulation and exacerbate “digital decoupling” between Western countries and China. To address these challenges, China needs to uphold the national and defensive attributes of digital sovereignty domestically, exploring a balanced regulatory approach. Bilaterally, China should flexibly respond to equivalent regulatory requirements and consider proactive reverse adequacy determinations. Multilaterally, China should explore a global digital governance model based on sovereign equality and leverage regional mechanisms. The EU, emphasizing its digital sovereignty, aims to establish its authority, autonomy, and effectiveness in digital governance. This aligns with China's stance, which has consistently emphasized sovereignty principles. Since 2010, China has introduced the concept of “Internet sovereignty” in the white paper China Statistical Report on Internet Development and has gradually shifted towards “cyberspace sovereignty”. As data becomes the foundation of economic and social activities, data sovereignty has become a manifestation of national core competitiveness. Countries have adopted various legal strategies to safeguard their data sovereignty. The United States emphasizes free flow of data, and the CLOUD Act establishes data sovereignty rules centered on data freedom. The EU, on the other hand, has established data sovereignty rules focused on data protection through the General Data Protection Regulation (GDPR), thereby reshaping its data protection framework with the United States. The United States seeks to build cross-border data transfer rules based on free flow of data, while the EU leads in data regulation and has become one of the global standard-setters for data protection through its regulations. The rule conflict between them reflects the clash between the concepts of “data freedom” and “data protection” in the context of data sovereignty. In summary, digital sovereignty is a crucial component of national sovereignty in the digital age, vital for maintaining national security and developing the digital economy. China should actively participate in the construction of global digital governance, guarding against excessive regulation while avoiding “digital decoupling”, and promoting healthy development in the digital space through international cooperation.
  • XIAO Hongjun
    Jinan Journal. 2024, 46(5): 84-107. https://doi.org/10.11778/j.jnxb.20240228
    Environmental, social, and governance (ESG) has become a hot high-frequency term that has attracted great attention from all walks of life. However, there are many problems and concerns behind ESG, and the healthy and sustainable development of ESG is facing challenges. The emergence of these problems is caused by various explicit and implicit reasons, but one of the important reasons is the lack of consensus on the understanding of ESG, and even many understandings seriously deviate from the real ESG. To solve these problems, and to promote the development of ESG, it is necessary to correct the understanding of ESG, scientifically define and deeply deconstruct ESG, correct various deviant views on the current cognition of ESG, and form a minimum cognitive consensus on the connotation, essence, function, and boundary of ESG.
    By studying a large number of studies, this paper deconstructs existing viewpoints on ESG cognition, puts forward ideas and methods to define ESG concepts, and redefines and analyzes ESG, laying a foundation for forming a consensus on ESG cognition. On this basis, the existing cognition of the relationship between ESG and corporate social responsibility is systematically sorted out, the limitations of this cognition are analyzed, and the relationship between ESG and corporate social responsibility is recognized from two perspectives of vertical evolution and horizontal comparison, guiding a more accurate understanding of ESG. Given the problems of fuzzy ESG boundary and obvious divergence in reality, this paper proposes a new idea of defining ESG boundary, redefines ESG content boundary, and constructs an ESG behavior boundary model to guide scientific understanding of ESG category.
    Compared with existing studies, the possible marginal contributions of this paper are as follows. First, it deeply deconstructs the existing definition of ESG from the subjective perspective and essential cognitive perspective, and proposes that ESG is essentially a two-way impact management covering “enterprise → environment and society” and “environment and society → enterprise”. Second, it redefines the concept of ESG from the perspective of two-way impact management and the trinity of embedded power, content, and mode. It proposes that ESG is a synthesis of organizational will, behavior, and performance, whose core lies in carrying out organizational operation in a new way. It is a whole of all elements unified under the sustainable development goal. Third, beyond the existing equivalence theory, substitution theory, and synergy theory, the relationship between ESG and corporate social responsibility is repositioned as the advanced form of corporate social responsibility or the high-level paradigm of corporate social responsibility practice. It is believed that it has achieved substantial breakthroughs and surpasses the existing form of corporate social responsibility in terms of pre-concept, core objectives, essential requirements, and management content. Fourth, the ESG scope boundary is redefined from the perspective of content boundary and behavior boundary, and the ESG behavior boundary model is constructed, which is composed of bottom line boundary, ideal boundary, potential exploitation boundary, energy release boundary, and tradeoff boundary.
    This paper provides a new way for the academia and the business community to deepen their understanding and scientific grasp of ESG, and has enlightening significance for ESG investment, enterprise ESG practice, and governments' ESG policy formulation, which is conducive to promoting sustainable and healthy development of ESG.
  • BI Wenfen
    Jinan Journal. 2024, 46(5): 1-17. https://doi.org/10.11778/j.jnxb.20240395
    Youth are important participants and builders of national development in China. Youth's national pride will determine the future of the Chinese nation. In the century-long history of the Communist Party of China (CPC), China has always carried patriotic education through the whole educational process of students in school, and constantly shaped the youth's national pride. After a century of hard work, the Chinese nation has made a great leap forward from standing up, becoming rich, and becoming strong. It has made remarkable achievements and is closer to the realization of the goal of the great rejuvenation of the Chinese nation than at any time in history. Therefore, how does national pride change among youth with different levels of education in different periods and cohorts? Existing literature on this is still scarce.
    Based on the data of world values of five waves (1995-2018) in China, this paper explores how the youth's educational attainment influences the evolution of their national pride in different periods and cohorts by taking young people aged 18-35 as research objects through the hierarchical age-period-cohort model. The empirical results show that the youth with secondary education has the highest sense of national pride, followed by the youth with higher education and the youth with primary education. The national pride of young people in China shows a U-shaped change trend. Among them, the evolution trend from 1995 to 2012 was mainly caused by the change in young people with primary and secondary education, while the peak in 2018 was mainly caused by the sudden acceleration of young people with higher education. By the cohort, the national pride of young people shows “three peaks and two valleys”, which are influenced by changes in national pride among youth with elementary, moderate, and higher education levels, respectively. This paper further uses the APC model with the dummy variable method to conduct robustness tests, and the results are still consistent. In summary, with the changes in the period and cohort, the normative national pride among youth with lower education levels is reconstructed based on their personal status and life experience, while the national pride among youth with higher education levels is mainly determined by rational judgments based on the country's objective achievements.
    This paper contributes to existing literature in two aspects. First, it explores the change trend of national pride of Chinese youths with different education levels in different periods and cohorts, which expands the static research on the impact of Chinese youth's education level on their national pride. Second, it clarifies the differences and internal mechanisms of national pride among young people with different levels of education in different periods and cohorts.
    This paper reveals the changing trend and internal reasons of national pride among Chinese youth with different educational levels, which is helpful for China to formulate and implement targeted measures to enhance Chinese youth's national pride in the ever-changing international situation.
  • TAO Yun, LENG Luosheng
    Jinan Journal. 2024, 46(7): 1-14. https://doi.org/10.11778/j.jnxb.20231381
    China and Japan, both within the cultural sphere of Chinese characters and operating under civil law systems, exhibit a significant number of similar vocabularies in their legal terminologies, including the terms “逮捕” “拘留” “裁判” “审判”. While these vocabularies have facilitated the learning and translation of Japanese law for Chinese learners and vice versa, they have also caused complexities for translators and learners alike. Extensive research has been conducted on vocabularies in both China and Japan, but comparatively little attention has been devoted to legal terminology. Therefore, a comprehensive, in-depth, and accurate understanding of the similarities and differences in legal terminology between China and Japan is a common challenge for linguists, law learners, and researchers.
    Many Chinese-to-Japanese and Japanese-to-Chinese dictionaries, including those specialized in legal terminology, along with translated legal documents, define “逮捕” “拘留” “裁判” “审判” into synonymous terms based on their form. Due to space limitations, this study only focuses on the corresponding translation of the legal term “逮捕” (arrest) in Chinese and Japanese.
    Reviewing the aforementioned dictionaries, translated legal texts, and legal works in both China and Japan, as well as a comparative analysis of the order and characteristics of coercive measures outlined in the criminal procedure laws of both countries, this study, based on theories of cognitive semantics and contrastive linguistics, employs illustrative examples to carefully dissect the nuances of the Chinese and Japanese legal term “逮捕”. Following this comparative analysis, it is found that “逮捕” in both Chinese and Japanese language means one of the criminal coercive measures (punishment) that restrict personal freedom in criminal procedures of the two countries. Compared with bench warrant service, bail pending trial, residential surveillance, and detention, Chinese “逮捕” is the most severe criminal coercive measure, equivalent to Japan's criminal coercive punishment of “勾留”. “逮捕” in Japanese, on the other hand, is the initial act of mandatory detention of suspects in Japan's criminal compulsory punishment. compared with “勾留”, and its severity is weaker, equivalent to “custody” in China's criminal compulsory measures. Therefore, the legal term “逮捕” in Chinese and Japanese do not have the same meaning but rather are homographs.
    The cultural exchanges between China and Japan have a long history. In the process of learning and reference, the phenomenon of directly copying the same legal terminology in translation is relatively common. However, the legal terms of the same form between China and Japan do not correspond to each other. In the mutual translation of Chinese and Japanese legal terms, to distinguish the differences in the lexical meanings of homographs, and try to find out the corresponding equivalent legal terms, it is necessary to analyze the meanings of the original terms from Chinese and Japanese dictionaries, legal text translations, the corresponding substantive law or procedural law, as well as the writings of legal experts in the two countries, and summarize the various meanings of Chinese and Japanese legal terms, accordingly to select the corresponding Chinese and Japanese translations and to limit the scope of the use of legal terms of the same form in both languages, thus accurately expressing the original meanings the legal terms and avoiding misunderstandings, distortions, or omissions in their translation.
  • CHEN Wenqiong
    Jinan Journal. 2024, 46(7): 88-103. https://doi.org/10.11778/j.jnxb.20240247
    In the last few years, a lot of positive incentive efforts have been made to mobilize the enthusiasm of grassroots civil servants from top to bottom, such as parallel ranks, assessment, and rewards, “creating flow”, but the problem of low enthusiasm of grassroots civil servants is still widespread and there is an incentive dilemma for grassroots civil servants, so this paper aims to explore the internal mechanism of the dilemma.
    Based on the field survey, participatory observation, and in-depth interviews, this paper clarifies the promotion phenomenon and logic of a district-level unit in A Province in the central region from 2017 to 2022.
    The field survey shows that firstly, the methods of motivating grassroots civil servants usually include spiritual rewards, material rewards, and promotion incentives. However, in grassroots practice, these three types of incentives can be boiled down to two different types, namely, core incentives with promotion as a means of reward, and marginal rewards with material and spiritual rewards as the means. Secondly, due to the scarcity of reward resources, the implementation of rewards must have a procedural fair basis; therefore, assessment is an important supplement to the implementation of incentives. In reality, appraisal is often not the basis for incentives; on the contrary, an organization's promotion decisions profoundly affect the results of appraisals. Thirdly, the basis for the implementation of core incentives is the implicit promotion order constructed by the intensity of the relationship resources between grassroots civil servants inside and outside the system, while the marginal rewards are provided to the disadvantaged groups in the system as a balance. Therefore, there are inconsistencies between outstanding civil servants and promoters in a year, as well as inconsistencies between leaders' evaluation and the colleague evaluation of those who are promoted. Finally, the invisible promotion order reduces the effect of both core incentive and marginal incentive, which is summarized as “relational dissolution incentive”, and the current distribution-oriented system is strengthening the relational attribute of counties.
    Compared with previous research on the promotion of grassroots civil servants, this paper has contributions in the following three aspects. Firstly, in the explanation of the promotion of grassroots civil servants, the key figures who affect the promotion are proposed, and the key people and the grassroots civil servants are connected by emotional or interest bonds. Secondly, the specific types of relationships that affect the promotion of grassroots civil servants are subdivided, that is, strong political relations, weak political but strong economic relations, and weak political and economic relationships, that is, the relationship is used as an analytical tool to discuss the promotion of civil servants. Thirdly, it clarifies the consequences of relational intervention in the promotion of civil servants, that is, “relational dissolution incentives”, including three different dissolution paths, namely, strong political relations replacing and even determining evaluation, strong economic but weak political relations weakening evaluation, and weak political and economic relations leading to incentive fail.
  • CHI Leiming
    Jinan Journal. 2024, 46(4): 14-28. https://doi.org/10.11778/j.jnxb.20231422
    In the era of globalization, some new immigrant writers choose to travel frequently between their hometown and their new home, and their works often choose Chinese themes. The academia's understanding of new immigrant writers and their works has gradually focused on the “Chinese story” and the “de-diaspora” phenomenon. However, this new change does not mean a change in aesthetic poetics. This article focuses on the novel Aftershock to gain a glimpse of the development context and cross-cultural representation of narrative poetics of “interlaced time and space” in Zhang Ling's novel.
    This article takes an overall look at Zhang Ling's creative trajectory and believes that the novella Aftershock, written in 2006, is a new in-depth point after Search. This deepening is specifically reflected in the structural existence of the novel character Wolfer and the shaping of the symbiotic relationship between Wang Xiaodeng and Li Yuanni.
    The main points of this article are twofold. Firstly, the real “inertia” in Zhang Ling's creation does not lie in the “other's perspective”, but in the “intertwined” interaction between the Western other and the Eastern self; and the temporal “interlacing” of the past and the present and the spatial “interlacing” of hometown and new home together constitute the poetic connotation of “interlacing of time and space”. Secondly, whether it is the intertwined state of cultural identities of the “other self” or the “worldliness” that encompasses cultural translation and multiple cultural perspectives, they all refer to the cross-cultural context and are presented in dimensions of the creative subject and the textual experience. Additionally, the cross-cultural context is also the most essential poetic connotation of Zhang Ling's “staggered time and space” narrative structure.
    Through a comparative analysis with the movie Aftershock, it can be concluded that Wolfer's weakening of the plot and his “strengthening” of the structure foreshadow a new feature of the narrative poetics paradigm in Zhang Ling's novels, that is, the cultural experience of othering gradually fades out of the plot and becomes a structural hidden existence outside the plot narrative of the text. The duality of the discrete living experience of the creative subject will still endow the text with the narrative poetics of “staggered time and space” and its inherent cross-cultural context. However, the othering experience in the text, or the “new home” narrative, has been transformed from the character level to the implicit author level.
    In addition, this article believes that from the perspective of the theme of salvation, Zhang Ling constructed the “symbiotic relationship” between mother and daughter in dimensions of spirit, form, and nature. In a cross-cultural context, the vital and constructive symbiotic process of mother and daughter from fragmentation to reconstruction, trauma to healing, gives Wang Xiaodeng's “departure-return-departure” immigration and separation trajectory a space for meaning generation.
    It can be said that starting from Aftershock, Zhang Ling began to push the narrative poetics of “staggered time and space” to a new level, that is, “homeland-new home” and “departure-return” are no longer one-way relationships, but are in a two-way relationship. In the interactive relationship, the cross-cultural representation path of “inter-interpretations” fed back by the origin of the hometown and the new home is deduced, and this “two-way interaction” breaks through the shackles of the plot. In Zhang Ling's emotional and aesthetic pursuit of returning to the homeland, an implicit structural narrative feature of “beyond the story” was gradually formed.
  • XIE Shenxiang, GAO Xinrui
    Jinan Journal. 2024, 46(5): 147-164. https://doi.org/10.11778/j.jnxb.20240206
    In the era of the general downturn of the world economy, regional conflicts are frequent, trade frictions are intensified, and the vulnerability of the global value chain (GVC) is fully exposed. With the in-depth development of the value chain trade model, the digital economy penetrates the whole industrial chain, reshapes the pattern of international trade division, and provides the possibility to ensure the efficiency and security of the value chain simultaneously. China's digital industry has developed rapidly and has made outstanding contributions in the world. It is bound to become a focus for China to maintain its hard-won position in the GVC and cope with the impact of complex international trade. However, few studies analyze the development of digital industry and the resilience of GVC in the same framework, and the transmission mechanism needs to be explored.
    Using the China Industrial Enterprise Database, China Customs Import and Export Database, and regional data, this paper calculates the resilience of Chinese enterprises in the GVC and systematically examines the effect and micro-mechanism of the development of the digital industry on the GVC resilience of manufacturing enterprises. The results show that the development of digital industry significantly improves the resilience of the GVC of enterprises. After alleviating the endogeneity problem and replacing the variable measurement method and regression model, the conclusion remains robust. Mechanism analysis shows that the development of digital industry stabilizes the division in the GVC by promoting the integration of the domestic industrial chain and increasing the types of domestic intermediate goods. The resilience enhancement effect is heterogeneous among the digital industry characteristics, industries, and enterprises. The digital industry has a stronger promoting effect on the resilience of the GVC under the development characteristics of high industrial proportion and high agglomeration level. The development of digital industry has a more significant impact on capital- and technology-intensive industries versus high-concentration industries, as well as private enterprises and general trade enterprises. Further analysis shows that the realization of trade mode transformation, intermediate goods import substitution, and information cost reduction have an apparent positive moderating effect on the resilience improvement result of the digital industry.
    Compared with previous literature, the main marginal contributions of this paper lies in the following aspects. On the one hand, it verifies the important role of developing the digital industry in stabilizing the international competitive position and expands literature on the influencing factors of GVC status and resilience. On the other hand, this paper uses detailed micro-level data to conduct heterogeneity investigation at the regional, industrial and enterprise levels, and explores specific transmission paths and moderating methods, providing micro evidence for realizing the stability of the value chain position.
    This paper has implications for coping with the turbulent international environment based on the digital economy. It is helpful for policy-making departments to introduce guiding measures, fully stimulate the vitality of economic entities, promote the digital transformation of industrial structure, and strengthen the effective influence of the domestic intermediate product market and domestic industrial chain. Using the advantages of the digital industry, it contributes Chinese experience to the realization of GVC adversity catch-up.
  • LIN Jie
    Jinan Journal. 2024, 46(5): 46-56. https://doi.org/10.11778/j.jnxb.20240035
    The financial market infrastructure is the basic guarantee for the stable and efficient operation of the financial market and an important guarantee for accelerating Chinese modernization. The Central Financial Work Conference held at the end of October 2023 proposed for the first time to accelerate the construction of a strong financial country and a modern financial system with Chinese characteristics. The construction of a strong financial country includes elements such as an open financial market, abundant financial products, and good financial infrastructure. The modern financial system with Chinese characteristics includes the financial infrastructure system. Therefore, the construction of a financial market infrastructure system is an essential part of building a strong financial country and a modern financial system with Chinese characteristics. Strengthening the construction of financial market infrastructure on the track of the rule of law is an inevitable requirement for institutional openness in the financial field.
    This article adopts comparative research, historical research, and textual research methods to horizontally and vertically analyze the different regulatory systems and rule practices of financial market infrastructure at the international, regional, and domestic levels. The regulation of financial market infrastructure includes the regulatory system and rule practice of financial market infrastructure, which correspond to two elements of institutional openness: rules and regulations. The regulatory system of financial market infrastructure covers “soft law” rules at the international level, regional rules represented by the EU at the regional level, legislative norms at the domestic level, and self-discipline norms of specific financial market infrastructure issued by self-discipline institutions. The rule practice of financial market infrastructure is reflected in the guiding value of the “soft law” rules of international standard-setting institutions, the coordination and unification of the direct application or transformation and implementation of EU legal norms in its member states, the specific regulatory rules issued by national financial regulatory authorities to implement the legislative norms of financial market infrastructure, and the concrete value of national self-discipline norms.
    The regulatory system for the infrastructure of China's financial market has initially taken shape, but there are still problems such as lack of concentration of regulations, which are scattered in normative legal documents and self-discipline norms. Drawing on international regulations, EU regulations, and US and UK regulations on financial market infrastructure, based on the local reality of China's financial market infrastructure construction, this article explores the regulatory reform path of financial market infrastructure. From the perspective of macro-prudential supervision and strengthening risk prevention, it is necessary to make an overall layout of the normative system and rule practice of financial market infrastructure. To coordinate the regulation of financial market infrastructure, on the one hand, it is necessary to construct a unified and coordinated standard system of financial market infrastructure; on the other hand, it is necessary to explore the practice of financial market infrastructure rules.
    This article enriches the theoretical connotation and practical system of financial market infrastructure regulation. Among them, several thoughts on improving the regulation of China's financial market infrastructure, facing the ongoing legislative revision draft for soliciting opinions, can provide reference for relevant legislative departments in amending the law.
  • LIU Songtao
    Jinan Journal. 2024, 46(5): 70-83. https://doi.org/10.11778/j.jnxb.20231374
    In recent years, global warming has led to the accelerated melting of glaciers and the development and construction of the “Polar Silk Road” has become a focus of the attention of the international community. In this context, how to protect the right of navigation of Chinese ships along the “Polar Silk Road” is of vital importance. However, existing literature focuses more on the legal status and legal basis of the “Polar Silk Road”, and less on the legal dilemmas and the way out for the exercise of navigational rights by Chinese ships along the “Polar Silk Road”.
    This paper reviews the special navigational control measures formulated by some Arctic coastal states based on the “Ice-Covered Areas Clause” along the “Polar Silk Road”, analyses in depth the legal dilemmas affecting China's exercise of navigational rights in the Arctic waters, and probes into the root causes of the legal dilemmas. It clarifies the scope of the rights granted to the Arctic coastal states under the “Ice-Covered Areas Clause”, clarifies the legal nature of the International Code for Ships Operating in Polar Waters and their impact on the jurisdictional measures of the Arctic coastal states, and finally puts forward reasonable suggestions to safeguard China's navigational rights along the “Polar Silk Road”. This paper finds that some Arctic coastal states have established special navigational controls along the “Polar Silk Road” based on the “Ice-Covered Areas Clause”, which restricts the exercise of the right of navigation by ships of other states. These special navigational controls go beyond the scope of application of the United Nations Convention on the Law of the Sea and violate the duty of due regard. The International Code for Ships Operating in Polar Waters is an important supplement to the “Ice-Covered Areas Clause” and is the legal basis for China's exercise of the right of navigation along the “Polar Silk Road”. To guarantee the right of navigation along the “Polar Silk Road”, China can respond to it at three levels. Firstly, it can actively participate in the formulation of the shipping rules of the “Polar Silk Road” at the level of the International Maritime Organization. Secondly, China should participate in the construction of the “Polar Silk Road” through regional platforms such as the Arctic Council. Finally, China should strengthen cooperation and dialogue with the Arctic coastal states to jointly build the “Polar Silk Road”.
    Compared with previous literature, this paper expands in the following two aspects. Firstly, from the perspective of the dilemma faced by Chinese ships in exercising the right of navigation along the “Polar Silk Road”, this paper explores the legitimacy of the navigational control measures taken by the Arctic coastal states, and clarifies the legal basis for China's exercise of the right of navigation, exploring the legal attributes of The International Code for Ships Operating in Polar Waters and its impact on the navigational control measures of Arctic coastal states. Secondly, from the perspective of the theory of international relations, this paper puts forward suggestions for safeguarding the right of navigation of Chinese ships along the “Polar Silk Road” at the global, regional, and bilateral levels.
    This paper clarifies the limitations on the exercise of jurisdiction by coastal states under article 234 of the United Nations Convention on the Law of the Sea, which helps China safeguard its navigational rights along the “Polar Silk Road”, makes recommendations for its participation in the construction of the “Polar Silk Road”, and helps it participate in the governance of the Arctic, thus contributing to the building of the maritime community with a shared future.
  • LIU Zhinan
    Jinan Journal. 2024, 46(4): 97-112. https://doi.org/10.11778/j.jnxb.20240237
    Reducing internal control deficiencies is a crucial approach to enhancing the quality of enterprise internal control. Digital transformation has become a strategic transformation for enterprises to adapt to digital development, which will inevitably have a widespread and profound impact on corporate internal control deficiencies. However, existing literature exploring the reduction of internal control deficiencies from the perspective of digital transformation is scarce, especially lacking in revealing the mechanisms by which digital transformation suppresses internal control deficiencies, as well as in-depth studies on the differences caused by various digital technologies and governance structures.
    This article selects China's A-share listed companies from 2011 to 2021 as research samples, utilizing the CSMAR database and the DIB Internal Control and Risk Management Database. It adopts research methods in Wu et al. (2021) to examine the impact of digital transformation on corporate internal control deficiencies. The empirical study shows that digital transformation can significantly suppress corporate internal control deficiencies. Further research shows that digital transformation suppresses internal control deficiencies by alleviating information asymmetry and reducing agency problems. Technologies such as big data, cloud computing, blockchain, and artificial intelligence can significantly curb internal control deficiencies, but business model transformation does not significantly suppress internal control deficiencies. Moreover, there are heterogeneous impacts present depending on whether the chairman and general manager positions are combined, the number of female independent directors, and the degree of market competition.
    Compared to previous literature, this article makes extensions in three aspects. Firstly, it expands the perspective of studying the impact of digital transformation on business management activities, enriching existing literature concerning digital transformation's impact on enterprise operations from a new perspective. Secondly, unlike existing literature that focuses on factors reducing internal control deficiencies from the perspectives of corporate governance and accounting information quality, this article examines the impact of digital transformation on internal control deficiencies and empirically tests the mechanisms of digital transformation's impact and the heterogeneous effects of corporate governance characteristics. Thirdly, it deepens research on digital transformation suppressing internal control deficiencies, further exploring the impact mechanisms of different digital technologies on internal control deficiencies.
    This article explains the internal logic of how digital transformation suppresses corporate internal control deficiencies, helping enterprises to suppress internal control deficiencies through digital transformation and continuously enhancing the suppressive effect of digital transformation on internal control deficiencies during organizational structure adjustment and optimization of corporate governance. It also helps government departments promote digital transformation integrated with internal control systems under the goals of digital economy development, guiding enterprises to enhance the quality of internal control.
  • 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.
  • YANG Yaping, QIN Ning
    Jinan Journal. 2024, 46(7): 146-164. https://doi.org/10.11778/j.jnxb.20231414
    The Guangdong-Hong Kong-Macao Greater Bay Area (hereinafter referred to as the Greater Bay Area) has seen substantial changes in its industrial structure due to efforts to construct a metropolitan circle, laying a strong foundation for the high-quality development of its manufacturing industry. Most existing studies on the convergence and competition of the manufacturing structure in the Greater Bay Area lack a comprehensive measurement and analysis from the perspective of the metropolitan circle by using multiple indicators in multiple dimensions, especially the intra-city division of labor.
    This paper addresses the gap by examining the structural convergence, industrial competition, and cooperation networks, specialization, and labor division in the manufacturing sector of mainland cities in the Greater Bay Area for the years 2011, 2016, and 2021. The findings are as follows. 1) There are varying degrees of convergence among mainland cities, with the Guangzhou and Shenzhen metropolitan circles showing significant convergence. This is primarily driven by intra-industry labor division and industrial chain cooperation between core and cooperative cities within these metropolitan circles. 2) Industrial competition in the Greater Bay Area manifests as horizontal competition between cities of similar economic levels, both within and across city circles. Conversely, industrial cooperation appears as a vertical collaboration between core and cooperative cities, predominantly within metropolitan areas. Horizontal competition has diminished while vertical cooperation has strengthened. 3) The convergence and cooperation within the Greater Bay Area are significantly influenced by the strengthening of metropolitan circle connections, the radiating and driving roles of core cities, geographical proximity, and the positive impact of Hong Kong and Macao.
    This paper extends existing literature in three aspects. 1) Utilizing multiple indicators, the paper offers a thorough investigation into the convergence and evolution of manufacturing structures in mainland cities in the Greater Bay Area, thus enriching research on industrial structure convergence. 2) This paper distinguishes the structural similarity and changes among the three metropolitan circles within the Greater Bay Area, focusing on core and collaborative cities as well as cities of similar economic levels. 3) It not only compares the industrial structure horizontally across the Greater Bay Area but also evaluates the vertical industrial division among mainland cities using multi-regional input-output tables from relevant years.
    The conclusions provide valuable insights and empirical evidence for shaping industrial development policies and regional integration strategies in the Greater Bay Area, highlighting the dynamic interplay between competition and cooperation in fostering regional economic growth.
  • LIU Zhenggang, QIU Dexin
    Jinan Journal. 2024, 46(5): 32-45. https://doi.org/10.11778/j.jnxb.20230020
    Provincial law is an important supplementary form of national law in the Qing Dynasty. It is the subdivision of national law according to provincial conditions and the local law exercised in a province. The writing of contracts in the Qing Dynasty was restricted and regulated by provincial law. The academia mostly focused on economic history, and seldom studied the influence of provincial laws on the writing of contracts from the perspective of legal history, ignoring the important role of provincial law in the writing of contracts. Provincial law is an essential bridge of communication between national law and folk customs in the Qing Dynasty and is the product of harmonization between national law and local customs.
    The sale of fields and houses in the civil society in the Mindong in Qing Dynasty was carried out through written contracts. Since at least the 25th year of Qianlong's reign, Fujian had promulgated the provincial law of “lease and sale contract type” to regulate the writing of contracts such as complete sales, flexible sales, or pawn of rural land and houses, and promote the fixed format of all kinds of contracts. The existence of a large number of contract documents presided over by women reflected that the writing of contracts in Mindong was influenced by both provincial law and folk customs. As a vulnerable group in traditional society, the contracts presided over by women were written on behalf of others, or they dictated their own wishes, but the format of contract writing was similar to the common Fujian contracts. It can be seen that the provincial law's subdivision of the national law on the sale of land and houses was accepted by the civil society. Although the format of the tail of the contract presided by women in Mindong was not completely uniform, the main idea was consistent with the provincial law. To avoid paying taxes or being extorted by petty officials, the folk did not fully obey the provincial law when they wrote, so that there were obvious traces of custom.
    Generally, all kinds of contract writing presided over by women in Mindong were in accordance with provincial law, and there were only slight differences in the “ghostwriting”, “people” or sequencing at the end of the contract. Whether it is the red contract that needs to pay taxes for complete sales or the white contract that does not need to pay taxes for flexible sales and pawns, most of them are in the form of single contract, which is quite different from the requirements of “up and down contracts” stipulated by the provincial law. On the one hand, it is related to the government's failure to comply with the law and regulations; on the other hand, it is related to the inherent customs of rural acquaintance society, which reveals the relationship between provincial law and customs in rural daily life.
    Based on the analysis of a large number of original contracts, this paper draws the following conclusions. Firstly, women were at the edge of traditional society, but they increasingly emphasized their components when they led the contract, indicating that women's autonomy was constantly awakening. Secondly, provincial law and customs were interwoven, forming the consciousness of the presence of the state in rural society, and highlighting the deep-rooted customs. Thirdly, focusing on the provincial law is the key to understanding the same writing format of contracts in different regions, further promoting the stagnant contract research in academia.
  • LIU Jinshan, DU Lin
    Jinan Journal. 2024, 46(4): 151-164. https://doi.org/10.11778/j.jnxb.20231123
    To accelerate the establishment of a “dual circulation” development pattern in which domestic economic cycle plays a leading role while international economic cycle remains its extension and supplement is the internal requirement for China to face the new situation of international environmental changes and domestic development to enter a new stage. Now it is important to build a new development paradigm featuring dual circulation in China with a comparative vision of macro history. However, there are few studies on the interaction between domestic and international circulation in major countries from a historical perspective, especially research to compare which cycle patterns dominate in different historical periods and different economic sizes and the reasons.
    By analyzing changes in economic structure and international status before and after major historical events in China and the US, this paper sorts out the evolution paths of domestic and international circulation of them, and finds that the main line of economic development in China is to promote international circulation through domestic circulation. Before 1840, domestic circulation played an important role, and the tributary system defined the standard of international trade; between 1840 and 1949, it was passively drawn into international circulation; between 1949 and 1978, domestic circulation played an important role; between 1978 and 2018, it was initiatively drawn into the international circulation; since 2018, China entered a period in which the domestic circulation dominated. The main line of economic development in the US is to promote domestic circulation through international circulation. Between 1776 and 1860, international circulation played an important role; between 1776 and 1930s, domestic circulation played an important role; between 1933 and 2017, international circulation played an important role and the US led the General Agreement on Tariffs and Trade (GATT) and the WTO; since 2017, the domestic circulation played an important role. Now, probably for the first but not for the last time in history, China and the US enter a period in which domestic circulation plays an important role which influences international circulation profoundly.
    This paper expands on previous literature in the following two aspects. Firstly, from the perspective of history, it systematically sorts out the evolution path of economic circulation in China since ancient times and in the US since its independence. Secondly, it clarifies the dynamic adjustment process and interaction process of the domestic and international circulation at different stages, and studies the main circulation in each period. This paper shows the historical evolution of the domestic and international circulation in China and the US and provides empirical enlightenment for the theoretical and logical research on the new development pattern.
  • PENG Zhongyao
    Jinan Journal. 2024, 46(4): 55-69. https://doi.org/10.11778/j.jnxb.20231155
    Given the holistic, shared, and public nature of the marine ecological environment, the theoretical basis for government claims for damage to the marine ecological environment should return to the framework of public law to seek a reasonable explanation. Based on this, it can be classified as a new form of the exercise of public rights with “public law nature and private law operation”. In terms of its regulatory approach, China should combine the development trend of national institutional reform and take the opportunity of the implementation of the revised Marine Environmental Protection Law in 2023 to establish a “decentralized supervision + centralized claims” authority operation mode in the field of marine environmental protection, clarify the exercise rules of “priority of administrative supervision, supplemented by compensation litigation”, and achieve effective linkages among multiple claim subjects such as government departments, procuratorial organs, and environmental organizations.
    It must be acknowledged that in recent years, the establishment and development of China's relief mechanism for marine ecological environment damage led by government claims have improved the effectiveness of national marine environmental governance. However, it should also be recognized that this new mechanism of “public law nature and private law operation” is not the best solution for China's marine environmental public welfare maintenance. In fact, whether it is a marine ecological environment damage compensation lawsuit filed by government departments, or a marine environment civil public interest lawsuit filed by procuratorial organs or environmental organizations, they are all manifestations of marine environmental justice. For marine environmental protection, justice is only one link and component. Compared to administrative supervision, the efficiency of judicial relief is relatively lower. China's marine ecological environment damage relief work should prioritize relying on more efficient and flexible administrative regulatory power, while the civil claim right centered on judicial trial should adhere to the principle of “no complaint, no response”, as the “last line of defense” for marine environmental public welfare maintenance. This is the most efficient and pragmatic choice for China's marine environmental legal practice.
    Therefore, in the context of the implementation of the newly revised Marine Environmental Protection Law in China, relevant academic research should focus on the shortcomings of the current relief mechanism led by government claims in terms of conceptual application and legal basis, and ultimately return to the perspective of public law to carry out corresponding normative construction and theoretical exploration of the relief mechanism for marine ecological environment damage.
  • XU Xuechen
    Jinan Journal. 2024, 46(8): 108-122. https://doi.org/10.11778/j.jnxb.20240229
    In recent years, generative artificial intelligence (AI) such as large language models represented by ChatGPT has developed rapidly and is widely used in many fields. In addition to the capabilities of traditional AI in analysis, judgment, and decision-making, generative AI has advantages in model structure, data dependency, application scenarios, and interpretability. It can give full play to its creative characteristics and promote the AI industry, promoting the decision-making and analytical type to develop leaps and bounds to the generative type. As the financial industry involves a large amount of text data and requires rapid decision-making, it naturally has a high demand for large language models. Large language models will have a significant impact on the high-quality development of the financial industry. Therefore, it is necessary to further explore how large language models can promote the digital transformation and upgrading of the financial industry by changing the business model of the financial industry. However, despite the broad application prospects of large language models in the financial industry, there is still a lack of systematic literature review to discuss in detail the specific applications, challenges, and potential solutions of large language models in the financial industry.
    This paper systematically reviews the three stages of model development: the nascent stage, the consolidation stage, and the explosive stage, clarifying the evolution of large models. It elaborates on the structure of the Transformer to help readers understand the underlying principles of large language models. Furthermore, this paper summarizes the application of large language models in the financial sector and details how these models are driving a paradigm shift in the industry. This includes enhancing productivity, transforming existing human-computer interaction models, and improving the accuracy of information dissemination and retrieval. Using examples from banking, insurance, financial management, and investment, this paper explores the opportunities that large language models bring to the financial industry. Additionally, it addresses the challenges these models face in the financial sector, such as data privacy and security, accuracy and reliability, legal regulations, technical costs, and implementation. This paper proposes corresponding countermeasures to these challenges. Finally, it offers policy recommendations from the perspectives of advancing legislation, optimizing algorithms, and fostering cross-departmental cooperation to accelerate the implementation and application of large models in the financial industry.
    This paper is the first to provide a comprehensive overview of the application of large language models in the financial field. Deeply analyzing specific application cases of large language models in the financial field, this article demonstrates the possibilities of large language models in various industries in the financial field. This not only provides valuable reference for practitioners in the financial field but also lays the foundation for subsequent research.
    Looking ahead, the development of large language models in the financial sector remains full of infinite possibilities. Perhaps they can deeply participate in the R&D of innovative financial products, bringing more personalized and precise services to the financial market. With technological iterations, the data processing capabilities and analytical accuracy of large language models are expected to further improve, better addressing the complex and ever-changing financial environment. Additionally, it is anticipated that more comprehensive industry standards and regulations will be introduced in the future, promoting the compliant and robust application of large language models in the financial sector.
  • QU Shengchang, ZHU Huiguo
    Jinan Journal. 2024, 46(5): 18-31. https://doi.org/10.11778/j.jnxb.20231379
    The article How to Study Ci is an extremely important theoretical document in modern ci studies, as it summarizes eight aspects of ci studies and is considered a hallmark of the maturation of modern ci studies. The author, Long Yusheng, was a disciple of Zhu Zumou, which is why the academia often emphasizes the traditional elements in the establishment of modern ci studies. This interpretive perspective reveals the relationship between How to Study Ci and traditional ci studies, but issues such as the dialogue partner, the origin of the writing, and the theoretical methods of the article have not been fully discussed.
    This paper, based on the correspondence between Long Yusheng and Hu Shi, re-examines their academic relationship. It suggests that Long Yusheng experienced a transition from “acceptance” to “debate” with Hu Shi. In his early works An Outline of Tang and Song Poetry Studies and A History of Chinese Rhyme, Long Yusheng often imitated and accepted Hu Shi's academic viewpoints and research methods. After studying under Zhu Zumou, Long Yusheng gained a deep understanding of traditional ci studies. With the founding of the Ci Studies Quarterly, Long Yusheng's identity shifted, and he began to engage Hu Shi as a potential dialogue partner in his papers, attempting to surpass Hu Shi's research achievements. The academic environment of the College of Liberal Arts of Jinan University in the 1930s provided Long Yusheng with easier access to new academic ideas such as the movement of “Rearranging National Heritage” and the concept of pure literature. Ultimately, in How to Study Ci, Long Yusheng, drawing on the scientific, systematic, and socio-historical analytical methods of the movement of “Rearranging National Heritage”, reconstructed the system of ci studies. This paper argues that the modernity of How to Study Ci is reflected in the adoption of new methods. Long Yusheng viewed the ci as a comprehensive art, so he could more comprehensively explore traditional ci resources and include aspects such as prosody, which Hu Shi neglected, in his research scope. This perspective still had reference value even after the concept of pure literature became dominant. Similarly, the theoretical tools Long Yusheng used to transform traditional ci studies into modern ci studies are key factors in the establishment of modern ci studies and should not be overlooked in academic history.
    This paper extends previous research in three aspects. First, it re-examines the academic interaction between Long Yusheng and Hu Shi based on new historical materials, especially Long Yusheng's adoption of new research methods. Second, it examines the modern transformation of ci studies against the backdrop of the movement of “Rearranging National Heritage” and literary research, considering the impact of the academic environment of the College of Liberal Arts of Jinan University on Long Yusheng. Third, it re-examines the research system constructed in How to Study Ci from the perspective of research methods.
    This paper discusses the academic relationship between Long Yusheng and Hu Shi, explores the dialogue partner, writing background, and theoretical sources of How to Study Ci. To a certain extent, it reveals the exogenous factors in the establishment of modern ci studies, which helps re-examine the establishment of modern ci studies and the integration of old and new academic ideas.
  • HU Yuancong, FENG Yifan
    Jinan Journal. 2024, 46(9): 152-164. https://doi.org/10.11778/j.jnxb.20240848
    The “Three-Year Action Plan of Data Elements X” released in 2023 pointed out: “Giving full play to the amplifying, superimposing and multiplying effects of data elements and constructing a digital economy with data as a key element is an inevitable requirement for promoting high-quality development.” It is noteworthy that while data empowers high-quality economic development, it also brings corresponding risks to social development. Since human society has entered the stage of “reflexive modernization” from the stage of “simple modernization”, various risks have followed. Against such a social backdrop, the distribution order has transformed from the purely wealth distribution logic in the “simple modernization” stage to the distribution logic of coexisting wealth and risks in the “reflexive modernization” stage. In the process of data elements' participation in distribution, due to the differences in status and division of labor among multiple stakeholders, conflicts and contradictions may arise among data element providers, processors and users. The prominent risk distribution dilemma has thus become a major obstacle in the process of recognizing and utilizing data elements. Therefore, correctly identifying various risks arising from data elements' participation in distribution and effectively preventing, resolving and allocating related risks have become important tasks for promoting digital justice in an intelligent society and driving the high-quality development of the human digital society.
    This paper, by applying normative research methods, literature research methods, etc., collects, retrieves and summarizes existing domestic and international literature on data element distribution to comprehensively understand the main viewpoints and research paths of the academic circle on the issue of risk distribution justice of data elements. Taking the “Data Security Law” and the “Personal Information Protection Law” as the inspected legal texts, it explores the predicaments of legal norms and responds to the challenges and institutional obstacles faced by risk distribution justice of data elements through reasonable legal interpretation methods and discusses reasonable adjustment paths.
    Compared with previous literature, this paper makes expansions in the following two aspects: Firstly, this paper explores the legal realization of risk distribution justice in the participation of data elements in distribution, expanding the literature on the participation of production elements in distribution from a brand-new perspective. Secondly, this paper breaks through the research vision and scope. Existing studies mostly focus on the distribution of traditional production elements or the distribution of income or wealth. However, research on the risk distribution of data elements is relatively scarce. This paper takes the logical connection between risk distribution and justice of data elements as the starting point, explores the justice demands of risk distribution in the participation of data elements in distribution, and responds to the proposition of how to realize risk distribution justice when data, as an emerging production element, participates in risk distribution by inspecting and regulating the risk distribution system.
    This paper not only provides a strong guarantee for better achieving justice in the risk allocation of data elements, but also offers significant suggestions for reshaping the allocation mechanism led by the government and featuring the organic collaboration of multiple governance subjects. It provides powerful assistance for maximizing the value of data elements in China's future economic innovation-driven and high-quality development.
  • ZHANG Kaixia, BU Caiqi
    Jinan Journal. 2024, 46(4): 113-131. https://doi.org/10.11778/j.jnxb.20231745
    At the present stage, reducing carbon emissions has become a key factor for enhancing industrial and economic global competitiveness. Improving the energy efficiency of enterprises, the primary driver of economic and social development, serves as the core impetus for reducing carbon emissions. However, there is currently a paucity of literature that delves into the micro-level impacts of digital transformation on energy efficiency. Therefore, this paper aims to supplement this aspect of research and refine the relevant theoretical framework. By conducting an in-depth analysis of the impact of digital transformation on enterprise energy efficiency, this paper aims to provide theoretical support and practical guidance for the development of more effective carbon emission reduction strategies.
    This paper matches the data of listed companies from 2001 to 2012 with the China Industrial Enterprise Database and the China Industrial Enterprise Pollution Database for the first time. Following the method of Tone (2001), this paper uses the super-efficiency SBM-DEA model to measure the energy efficiency of high energy-consuming listed companies and examine the impact of digital transformation on the energy efficiency of these companies. Empirical research indicates that the digital transformation of listed companies significantly improves their energy efficiency. After considering the substitution of core variables, adopting instrumental variable analysis, and addressing endogeneity problems, the research findings remain robust. Heterogeneity analysis suggests that the effect of digital transformation on energy efficiency is greater for non-state-owned enterprises, high energy-consuming enterprises, and companies located in regions with higher levels of marketization. Mechanism analysis reveals that enterprise digital transformation enhances the energy efficiency of high energy-consuming enterprises by improving their green innovation capabilities and optimizing energy consumption structures.
    This paper has two marginal contributions. Firstly, it extends literature on the impact of digital transformation on corporate environmental behavior. Constrained by data at the enterprise level, existing studies mainly focus on the impact of digital economy on national and urban energy efficiency, lacking analysis of energy efficiency at the enterprise level. This paper matches data of listed companies with the China Industrial Pollution Database to analyze the impact of digital transformation on the energy efficiency of listed companies, providing new insights into evaluating the impact of digital transformation. Secondly, it explores the potential mechanisms of the impact of digital transformation on the energy efficiency of high energy-consuming enterprises, revealing the significant importance of emerging drivers represented by digital technologies in optimizing energy structure, improving energy efficiency, and accelerating carbon emission reduction. It also provides support for empowering enterprises' green development through digital transformation.
    This paper not only enriches relevant literature in the field of enterprise digital transformation but also provides new insights into the green and sustainable development of the economy from the perspective of corporate behavior. Achieving the “dual carbon” goal is a crucial foundation for showcasing China's active assumption of great power responsibility and establishing its image as a major nation. This paper affirms the positive significance of digital technology in improving energy efficiency and provides support for how the government should encourage and assist enterprises in implementing digital transformation.
  • WANG Gang, ZHANG Kangning
    Jinan Journal. 2024, 46(7): 104-117. https://doi.org/10.11778/j.jnxb.20231365
    Modern society is called a risk society. With the development of science and technology, economic upgrading, and the increasingly close connection of society, the types of risks in modern society become more diversified, and the transformation and spreading of risk types become more complicated. Risks occur everywhere and their impacts are everywhere. However, academia has not presented a panoramic view of the types of risk in modern society, and the transformational chains and shaping logic between risks have yet to be systematically sorted out.
    Building on the characteristics of modern society, this study provides an overview of the types of risks in modern society. This study proposes that the types of risks that play a dominant role in the evolution of risks in modern society include technological risk, environmental risk, social risk, and political risk. They follow the evolutionary chain of technological risk-environmental risk-social risk-political risk. They shape the unique risk landscape of modern society.
    The shaping process shows three forms of risk grafting and overlapping: the type transformation, diffusion and amplification, and coexistence of the real and the virtual. Among the four types of risks, technological risk is the source of risks in modern societies, and environmental risk amplifies and generalizes these risks. On this basis, social risk affects individual behavior in modern society, and the construction of relevant social norms and institutions. Political risk triggers state action and even becomes an important consideration in the construction of political systems. The diffusion and amplification of risks have a cross-border, correlation, and resonance nature, which makes the horizon of risk concern and preventive initiatives not be limited to the original location of risks, but should be treated more systematically and comprehensively. Additionally, the natural and objective nature of risks is nested with its social and subjective nature, making the logic of risk shaping in modern society interspersed and superimposed between the natural and the social, and between the objective and the subjective.
    Following the paths and forms of risk formation, risk governance in modern society should be on three aspects: systematic treatment, using technological means, and based on different scenarios. Firstly, we should coordinate different types of risks, integrate the strengths of different fields, and carry out risk prevention and control based on the whole process and incorporating different perspectives. Secondly, we should always be aware of the risk factors embedded in the use of technology, use technology to empower the improvement of governance capacity, rely on technology to realize the elimination of specific risk factors, and develop technology to enhance social resilience. Thirdly, the inconsistency of the goals of risk response, the perceived state of risk, and the value judgment of risks are considered and solution strategies with applicable scope need to be constructed situationally.
    This study analyzes and summarizes the types of risks and the logic of shaping modern society, which deepens the understanding of risks in modern society and inspires academia to pay attention to and further explore in depth in this area. At the same time, the risk response strategies in modern society provide strategic references for China's practice of a holistic approach to national security, preventing and resolving major risks, and contributing to the governance of modern social risks.
  • QIAN Xuefeng, SUN Manyu
    Jinan Journal. 2024, 46(5): 108-124. https://doi.org/10.11778/j.jnxb.20240002
    Against the dual background of the continuing instability of the international trade environment and the urgent need to build a new development pattern in China, the report to the 20th CPC National Congress points out that it is necessary to further smooth the circulation of both supply and demand and continue to promote high-standard opening up guided by expanding domestic demand. As an important policy tool for China to stabilize foreign trade and promote development, research on the supply and external demand side of export tax rebate (ETR) has been widely discussed, but related research on the consumption side and domestic demand side is very scarce.
    This paper uses the ETR Library, China Statistical Yearbook, China Taxation Yearbook, World Integrated Trade Solution (WITS), and the United States International Trade Commission (USITC) to calculate the data of ETR rates at the product level, and the price and wage data at the regional level in China from 2004 to 2021. This paper examines the impact of the ETR policy on China's product price and wage level, and draws on Cravino and Levchenko (2017) to measure the consumer welfare effect of China's ETR policy from the channels of income and consumption. This paper finds that the increase in the ETR rate improves the level of consumer welfare by lowering the price level, that is, reducing the consumption effect, and raising the wage level to increase the income effect. The regression result is still robust after considering the endogeneity problem. Further heterogeneity analysis shows that consumers in different regions and with different incomes were affected differently by the ETR increase, among which the eastern region and low-income consumers benefit the most.
    Compared with previous literature, this paper has the following contributions. First, it elaborates on the theoretical mechanism of ETR affecting the welfare level of consumers, and expands previous literature on ETR policy from the perspective of the demand side and consumption side. Second, different from the previous measurement of consumer welfare effects which only considers the transmission mechanism of tradables and measures the consumer welfare effect from the consumption channel or the income channel, this paper also considers the transmission mechanism of tradables and non-tradables to examine the impact of ETR on prices and wages, and comprehensively calculates the consumer welfare effect of ETR from channels of consumption and income. Third, this paper expands to the analysis of income heterogeneity and regional heterogeneity and explores the difference in welfare distribution of ETR to eastern, central, and western regions and low, mid-low, and mid-high income consumer groups.
    This paper discusses the internal mechanism of the impact of ETR policy on domestic product prices, wage levels, and consumer welfare levels, comprehensively evaluates the effects of ETR policy on domestic demand and consumption, and provides a theoretical basis for the adjustment of ETR policy under the new development pattern. It is helpful to make full use of the role of ETR policy in adjusting the benefit distribution of different regions and the consumption welfare gap between different groups, and play its role in promoting foreign trade and expanding domestic demand, thus realizing China's high-standard opening up and high-quality economic development.
  • FANG Xingdong, ZHONG Xiangming
    Jinan Journal. 2024, 46(8): 36-49. https://doi.org/10.11778/j.jnxb.20241373
    The current lack of global mechanisms for Internet governance has become one of the greatest risks to human development. This paper aims to analyze the historical significance of the Global Digital Compact (GDC) and its impact on the evolution of global Internet governance. As a historic breakthrough in the global Internet governance mechanism, the GDC not only signifies the United Nations' determination to return to the forefront of Internet governance but also provides a new framework and approach to addressing the challenges of the digital age. Despite the enormous challenges posed by rising geopolitical tensions and the increasing fragmentation of the global digital order, the GDC injects new strength into humanity's foundation in the digital age, fundamentally changing the basic structure and paradigm of global Internet governance and playing a critical role in promoting the global Internet governance reform.
    This paper systematically analyzes the position of the GDC in global Internet governance and its potential impact on future development for the first time. This includes a detailed analysis of the historical background of the GDC, covering several key areas of global Internet governance, and the evolution of the United Nations' role in Internet governance. Furthermore, it examines how the GDC fosters global cooperation and the role and opportunities for China in this process. Using literature analysis and case analysis methods, this paper analyzes relevant United Nations documents, international Internet governance cases, and global digital governance trends to clearly show the background, core content, and potentially transformative impact of the GDC on the current global governance structure, providing new perspectives and theoretical support for global Internet governance and cooperation in the digital age, enriching academic research in related fields. This paper finds that the GDC is not only an important supplement to the existing global Internet governance mechanisms but also a profound paradigm shift. The GDC emphasizes the importance of digital technologies in social development and identifies the need for a global mechanism to address a range of issues. The GDC's emphasis on concepts such as the digital divide, AI divide, and global Digital commons reflects its commitment to the original principles of the Internet and a global perspective.
    As a milestone in global Internet governance, the GDC's profound impact and multidimensional challenges provide rich research material and practical topics for scholars and policymakers. This paper argues that within the framework of the GDC, China has a new opportunity to actively participate and promote innovative governance mechanisms that combine multilateral and multi-stakeholder approaches, thereby improving global Internet governance. Over the past decade, China has essentially completed the construction of its domestic digital governance system, gradually shifting from a passive defense strategy focused on domestic governance to an active defense strategy aimed at globalization. Through the GDC, China can further implement its principles and concepts, promoting global cooperation in the field of digital governance. We need to recognize this opportunity from a strategic perspective and take advantage of the situation to drive global Internet governance reform and the modernization of domestic governance at the national strategic level, contributing to a more just and sustainable global digital order.
  • WANG Yu
    Jinan Journal. 2024, 46(7): 15-32. https://doi.org/10.11778/j.jnxb.20240352
    Although the Qing Dynasty's legal system originated from the Ming Dynasty's legal system and had a high degree of similarity in legal texts, there were significant differences in the number and scale of annotations on the Ming and Qing dynasties' legal systems. Out of the 460 laws in the Da Ming Law, only 86 are accompanied by annotations, and the vast majority of annotations are explanatory annotations represented by the character “predicate”. However, the Shunzhi Code has almost every article with small annotations, which is by no means the volume that can be covered by the annotations in the Da Ming Law. Most of the Qing Code annotations are added separately from the annotations in the Da Ming Law. Therefore, it can be considered that the legislative policy of “detailed translation of the Ming Code” in the Qing Dynasty is mainly reflected in the annotations. This has also created an unprecedented function of “translation”. “Translation” is a unique function of Qing Code annotations and a characteristic of Qing Code annotations. Based on inheriting the experience of compiling legal dictionaries from previous dynasties, the addition of new annotations in the Qing Dynasty goes beyond the historical experience of legal annotations in the Tang and Ming dynasties, forming a very typical innovation.
    The innovation of adding annotations to the Qing Code system is firstly reflected in the supplementation of grammatical structures such as content words, function words, conjunctions, adverbs, prepositions, pronouns, as well as subjects, predicates, objects, attributives, adverbials, etc. Secondly, it clarifies the legal normative elements implied by the Ming Code, which includes reproducing various normative elements that have general provisions but are not explained in specific legal texts. This includes inferring the implicit normative elements based on the context of the legal text and reproducing them. Thirdly, it is reflected in the citation of other relevant legal provisions in the Qing Dynasty annotations to remind the applicable rules of the law. Finally, the Qing Code annotations expanded the scope of annotation to law names and examples, fully absorbed the essence of the Ming Dynasty's annotation laws, and treated the Qing Code laws and examples inherited from the Ming Dynasty equally as important objects of annotation. In addition, the explanatory and supplementary legislative annotations are more flexible in their annotation methods, and the annotation content is richer. It can be said that the Qing Code annotations are comprehensive and thorough annotations of the laws and codes. It can be said that the Laws of the Qing Dynasty is an excellent annotation book on the laws of the Ming Dynasty, which is a collection of the essence of a hundred schools of thought.
    By supplementing the minimalist language style of the Ming Dynasty's legal texts and reproducing the various legal norms implied in them, the Qing Dynasty's legal texts inherited from the Ming Dynasty's legal texts have a higher degree of certainty. From a legislative perspective, they have become the culmination of the collection of legal texts. Compared to the proliferation of legal texts and examples, which have been criticized in historical books throughout history, the alternation of complexity and simplicity in the annotations of legal texts cannot be completely regarded as an alternation of advantages and disadvantages. The development from simple annotations in the Ming Dynasty to complex annotations in the Qing Dynasty precisely reflects the requirement of alternating between complex and simplified regulations in the formulation of legal classics, and adapting to the times. It demonstrates that ancient legislation made good use of interpretive means to ensure the stability of the law, and always strived to bring new vitality to ancient laws. The changes in the complexity and simplicity of legal annotations, in accordance with the times, ensure that the basic values of traditional Chinese law have remained unchanged for thousands of years. This is precisely the valuable experience of traditional legal formulation.
  • WANG Xiaosong, WANG Yanyan
    Jinan Journal. 2024, 46(5): 125-146. https://doi.org/10.11778/j.jnxb.20240003
    Technical trade barriers (TBTs) have been widely utilized in international trade and become an important trade measure for importing countries to restrict foreign products from entering their domestic markets. TBTs initiated by foreign countries have caused significant losses to Chinese enterprises. Although it appears that the number of TBTs worldwide is increasing overall, different types of economies have different focuses when establishing TBTs, and the trends for setting up TBTs for different industries and products are not the same.
    This paper introduces product quality improvement into the analysis of TBTs based on the game theory. Using data at the product level from 2002 to 2020 and employing fixed effects Poisson and negative binomial models, it empirically examines the factors influencing foreign TBTs, with particular attention to the impact of the upgrade of China's export product quality on foreign TBT decision-making.
    The baseline regression results indicate that overall, the upgrade of China's export product quality has increased the technical trade barriers encountered by China. Sub-sample regression results based on the proportion of China's import value in the total import value show that the impact of the upgrade of China's export product quality on the technical trade barriers encountered by China intensifies as the proportion of China's import value in the total import value increases, indicating that the rise of Made in China has faced discriminatory trade barriers.
    In the endogeneity test, this paper uses the average product quality of China's exports to all countries in the year of the case occurrence and the bilateral liner shipping connectivity index between China and the importing country as instrumental variables, and the empirical results are consistent with expectations. In the robustness test, special trade concerns (STCs) are used as a substitute indicator, and the results show that the export product quality of China still significantly increases technical trade barriers.
    In the heterogeneity analysis, this paper distinguishes different periods, country samples, and product samples. It is found that before the global financial crisis in 2008, the improvement of China's product quality reduced the technical trade barriers, while after the crisis, it significantly increased. In the analysis of country samples, in developing economies such as Brazil, the improvement of China's product quality significantly increases the technical trade barriers, while in developed economies such as the United States, although the impact exists, it is not significant. The analysis of product samples shows that the improvement of manufacturing product quality significantly increases the technical trade barriers, especially in low and medium-low technology industries.
    Based on the above findings, this paper puts forward the following policy recommendations. First, China should closely monitor the technical trade barriers of major trading partners. It should continue to follow up on the technical trade measures of major trading countries, record and update relevant information databases timely, and focus on technical trade measures with significant impact. Second, China should build a comprehensive and multi-level mechanism for handling technical trade barriers. Focusing on the whole process from early warning to handling, and to tracking, and the multi-subject participation covering enterprises, industry associations, and the government, it should continuously improve the mechanism for handling technical trade barriers. Third, China should promote the establishment of a unified and reasonable international standard system. As a major trading country and a contributor to global economic and trade governance, China should strive to promote the formulation and improvement of fair and reasonable international economic and trade rules, improve relevant agreements of the WTO, and combine with the work at the level of regional trade agreements to promote bilateral negotiations with major countries. Fourth, China should jointly resist unfair technical trade barriers with other countries. It should focus on joining forces to resist unfair technical trade barriers and strengthen exchanges and cooperation with countries with common interests.
  • HAN Long
    Jinan Journal. 2024, 46(7): 33-46. https://doi.org/10.11778/j.jnxb.20240028
    With the advent of the digital era, the financial industry, as a pioneer in technological application, is undergoing a profound digital transformation. This transformation not only involves traditional financial institutions moving their operations online but also encompasses new financial models and businesses created by digital technologies, such as Initial Coin Offerings (ICOs) and crowdfunding, which have altered the traditional intermediary model of finance. The application of digital technologies, particularly big data, artificial intelligence (AI), and cloud computing, enables financial institutions to leverage broader data sources for more precise risk assessments, enhancing the inclusiveness and personalization levels of financial services. Financial digitalization and platformization have introduced a series of new risks, including data security and privacy risks, algorithmic risks, externalities, and systemic risks. These risks differ from traditional financial risks in terms of their mechanisms of emergence, breadth, and destructive power, far surpassing the levels in the pre-digital era. For example, digital technologies allow financial institutions to synthesize unprecedented financial assets or liabilities, potentially leading to new factors of financial instability. The impact of financial digitalization and platformization on traditional financial systems is significant. On one hand, the application of digital technologies disrupts the balance between market freedom and market regulation, undermining the objectives of traditional financial regulation. On the other hand, emerging financial models and businesses tend to be more opaque, making them difficult to regulate with conventional measures. Moreover, non-financial institutions and platforms that enter the financial sector often design business models to circumvent regulatory oversight, further complicating regulatory efforts. To address these challenges, a set of new approaches and measures for financial risk governance should be considered. Firstly, there is a need for a principle-based regulatory approach, including ensuring the realization of basic goals of financial regulation, implementing reflexive iterative regulation, and emphasizing functional regulation. Secondly, dynamic and flexible regulatory strategies should be adopted, such as window guidance and pilot projects. Finally, targeted regulatory measures should be developed, leveraging digital technologies to empower financial regulation and supervision. Financial digitalization and platformization have a profound impact on the financial industry, driving innovation in financial models and services while introducing new financial risks. To effectively manage these risks, financial risk governance systems need to be innovated to adapt to the challenges of the digital age. We can implement principle-based regulation, dynamic and flexible regulatory strategies, and targeted regulatory measures, to achieve a balance between financial innovation and risk prevention, ensuring financial stability while promoting the healthy development of the financial industry.
  • YAO Feng, LI Enjun
    Jinan Journal. 2024, 46(8): 24-35. https://doi.org/10.11778/j.jnxb.20240266
    In the report to the 20th National Congress of the Communist Party of China (CPC), it is proposed to “promote Chinese culture to better go to the world” and “enhance the influence of Chinese civilization”. The report mentions “Chinese culture” five times, indicating that the Party and the state attach great importance to it. The important content, historical tasks, final symbols, and overall goals of the system construction and mechanism improvement of the international communication of Chinese culture are very clear, which is to make Chinese culture a bridge of the world's diverse cultures with cultural confidence and strive to make China a cultural power with extensive international influence. The aim is to achieve the symbiosis, harmony, and consensus of global culture to promote the formation of a community with a shared future for mankind, ultimately achieving the great rejuvenation of the Chinese nation.
    The research method in this paper has outstanding innovation. The method of “Chinese learning” adopted in this paper innovatively explores and utilizes a set of thinking modes of “dualistic dialectics”, “three-dimensional equilibrium” and “two in one, three in two, three in all” that originally existed in the Chinese culture. Specifically, there are the traditional Chinese culture's “body and use” mode of thinking, the unification of historical investigation and logical thinking, and so on. This is the same as the dialectical unity of contradiction in the development of things advocated by Marxism. Marxist dialectical materialism holds that contradiction exists in everything, runs through the development process of everything, and constantly promotes the movement, change, and development of things in the change of old and new contradictions. All of the above are the main methodology used in this paper.
    Based on the induction and interpretation of the ten dialectical relations of the unity of opposites in the process of the international communication of Chinese culture, China can further improve the implementation mechanism in the macro and micro dimensions to achieve the construction of the system. At the macro level, it is important to set up an efficient and authoritative coordination and coordination department covering central and local governments, adopt a “big communication” management system, formulate a “cultural promotion and communication law”, and then focus on the improvement of the international communication mechanism of Chinese culture in an integrated, systematic, and long-term manner from the aspects of top-level support policies, management service system, and supply-side reform. At the micro level, a supporting financial subsidy system, financial support system, and cultural innovation incentive measures should be introduced for the international communication of Chinese culture, to provide a specific implementation mechanism for better enhancing the international communication and influence of Chinese culture.
  • CHEN Xingxing, REN Yufei
    Jinan Journal. 2024, 46(6): 130-148. https://doi.org/10.11778/j.jnxb.20240954
    With the intensification of global climate change and the growing resource depletion, promoting energy system transformation and achieving the “dual carbon” goals have become crucial strategic objectives for China's development. New quality productive forces, as the product of the modern scientific and technological revolution, are the key driving forces for the transformation of the energy system. In recent years, while accelerating the construction of a modern energy system, China has further proposed the task of accelerating the construction of a new energy system to achieve a green, low-carbon transition and high-quality development of the energy system. However, in the process of constructing the new energy system, effectively cultivating and leveraging new quality productive forces, optimizing the energy supply-demand structure, and enhancing overall productivity remain significant challenges and uncertainties.
    This study is based on the Marxist theory of productive forces and the concept of value chain division of labor. It systematically analyzes the development and characteristics of China's energy system and delves into the critical role of new quality productive forces in the transformation of the energy system. From four perspectives of the mechanism reform, supply-side, demand-side, and technology-side, this study comprehensively examines the barriers, safety hazards, and constraints of the three pillar industries: photovoltaics, wind power, and new energy vehicles, concerning key raw materials and core technologies. By analyzing the overall supply-demand relationship of the new energy system's industry chain, this study proposes a series of policy recommendations aimed at cultivating new quality productive forces and promoting the formation and development of the new energy system.
    This paper expands on existing research in the following aspects. First, this study combines the Marxist theory of productive forces and the concept of value chain division of labor to systematically analyze the role of new quality productive forces in the transformation of the new energy system, thereby expanding the research perspective of energy economics. Second, through detailed data analysis, this study reveals the specific performance of the photovoltaic, wind power, and new energy vehicle industries in terms of production factor optimization, technological innovation, and resource integration, providing a scientific basis for policy formulation. Third, this study proposes a series of policy suggestions, such as implementing coordinated mechanism reforms, establishing efficient inter-regional corridors, accelerating the release of redundant capacity, and enhancing autonomy and control, providing clear guidance for governments and enterprises in the construction of the new energy system.
    This study has significant theoretical and practical implications. Theoretically, by introducing the concept of new quality productive forces, this study deepens the understanding of the driving mechanisms behind the transformation of the energy system and enriches the application of the Marxist theory of productive forces. Practically, the proposed policy suggestions provide concrete pathways for China to achieve its “dual carbon” goals and construct a high-quality new energy system. This study aims to offer theoretical support and policy advice for the construction and development of China's new energy system, promote energy technology innovation and industrial upgrading, and realize the strategic goal of green, low-carbon, and high-quality development.
  • GAN Yu'en, LIN Chensheng
    Jinan Journal. 2024, 46(9): 38-51. https://doi.org/10.11778/j.jnxb.20240227
    The study of modern dialectology in Guangdong commenced in 1928, but yielded few results prior to the year of 1978. In 1985, Guangzhou and Hong Kong collaborated on the project of “A Survey of Dialects in the Pearl River Delta”, which resulted in the creation of a substantial corpus, of which corpus on the Cantonese dialects was then referenced for the map B13 of “Language Atlas of China” (1987), both of which represent significant contributions to the study of Guangdong dialectology following the reform-and-opening-up. The B13 map of the atlas, as well as the dialect maps in the book of “A Survey of Dialects in the Pearl River Delta: Vol. 3 A Synthetic Review”, compiled according to the results of the project, represent the inaugural steps in the field of geolinguistics in Guangdong.
    The nourishment of the diverse dialects and cultures in Lingnan, as well as the abundant previous survey results of dialectology have contributed to the gradual development of geolinguistics in Guangdong. In contrast to dialectology, geolinguistics is a discipline based on linguistic data, highlighting the spatial attributes and the concepts of points, lines, and surfaces. Dialect maps can be broadly classified into two categories: dialect distribution maps and dialect feature maps. Map B13 of “Language Atlas of China” and dialect maps in the book of “A Survey of Dialects in the Pearl River Delta: Vol. 3” are the representations of the two types of maps respectively. Subsequently, a series of works have been published. “Linguistic Atlas of Chinese Dialects” and “Language Atlas of China” (second edition) also make significant reference to the dialects of Guangdong. In the former atlas, 92 places in Guangdong were selected for dialect survey; while in the latter atlas, the dialect distribution of Guangdong is shown in the maps of B-16, B-17, B-18 and B-22, in addition to the map B2-1 “Dialects in Guangdong Province”. The breadth, depth and precision of the scholars' investigation and depiction of Cantonese dialects have also been enhanced in comparison with the 1987 edition of the atlas.
    Since 2010, scholars from Guangdong have not only participated in or led a number of conferences on geolinguistics, but have also successfully applied for a number of high-level social science funding projects. In recent years, the publication of several eminent works has elevated the standard of geolinguistic research in Guangdong to a new level. Among these, the publication of the Atlas of Cantonese Dialects of Guangdong, which took nearly two decades to complete, not only pioneered the atlas of provincial dialects in mainland China, but also had a significant impact on several other aspects. Both the experience and the regrettable lessons are worthy of summary.
    In the context of the new era, Guangdong geolinguistics is also confronted with new challenges. In terms of breadth, efforts must be made to extend the scope of investigation and research from powerful dialects (such as Cantonese) to other dialects (such as Hakka and northern Guangdong dialects). In terms of depth, it is necessary to consider how to innovate from the traditional pattern of map and shift from “static map” to “dynamic map” through the application of modern digital tools and techniques. Therefore, digital humanity is an excellent fit point to realize the vision. From a methodological perspective, the transition from a descriptive approach to an interpretive one should be taken, enabling the generation of theoretical insights.
    This paper integrates, optimises and expands on the basis of the papers written by Zhang Zhenxing and the papers written by Gan Yu'en and Zeng Jiansheng, since on the one hand, there have been numerous developments both in the theory and in the practice of Guangdong geolinguistics in recent years. The rise of digital humanities has also brought about significant advances in this field, which have been duly addressed and reviewed in this paper. On the other hand, this paper presents a comprehensive overview of the evolution of geolinguistics in Guangdong, integrating insights from both theory and practice. It also incorporates recent developments to illustrate the emerging trends of “digitalisation” and “interpretive” approaches in the discipline. Furthermore, the paper incorporates further reflections from recent years, and to highlights the new direction in the new era of Guangdong geolinguistics.
  • CHEN Jie, WEI Junlong
    Jinan Journal. 2024, 46(8): 91-107. https://doi.org/10.11778/j.jnxb.20240226
    China's intelligent vehicle chip industry has high external dependence, low localization rate, and insufficient high-end production capacity, and faces technology blockade, so its development faces innovation difficulties. The intelligent vehicle chip industry has a complex network structure and needs to rely on multi-knowledge and cross-network research to change the connection of knowledge elements and promote cross-border network embedding to break through the core technologies to achieve domestic substitution of “bottleneck” chips and large-scale production. However, at different stages of industrial development, enterprises face different goal orientations and resource constraints, so they need to dynamically configure the characteristics of knowledge elements and embed innovation elements in cross-border networks based on the changes of industrial development to achieve breakthrough innovation at each stage. Therefore, according to the internal logic of “factor-action-output”, the resource orchestration theory can reveal the mechanism and evolution of breakthrough innovation in the intelligent vehicle chip industry, and help to solve the innovation dilemma.
    This paper adopts the multi-case study method to conduct in-depth interviews and coding analyses of 20 enterprises in the intelligent automobile chip industry. It is found that from the introduction period, growth period to maturity period, the intelligent vehicle chip industry corresponds to differentiated target orientation and resource constraints, dynamically allocates characteristics of knowledge elements and cross-border network embedding, and derives a three progressive innovation mechanism of “resource construction, resource bundling, and resource leveraging”, thus achieving breakthrough innovation of “R&D, product, and value” at each stage more efficiently.
    This paper contributes to existing literature in three aspects. First, based on the resource orchestration theory, it combines the characteristics of knowledge elements with cross-border network embedding to build an integrated research framework. Second, it focuses on exploring the coupling mechanism and cross-process coordination mechanism in the process of resource orchestration, and studies the dynamic configuration of knowledge element characteristics and cross-border network embedding in the whole process under the differentiated goal orientation and resource constraints at different stages of industrial development, then realizing the differentiated dynamic mechanism of breakthrough innovation from a dynamic perspective. Third, existing studies focus on theoretical analysis and questionnaire research and a few use a single case study, while this paper adopts a multi-case method.
    In theory, from the perspective of resource orchestration and industrial evolution, this paper enriches research on the mechanism and evolution of breakthrough innovation in the intelligent vehicle chip industry. In practice, it provides inspiration for accelerating the domestic substitution of “bottleneck” chips and promoting the independent innovation of China's intelligent vehicle chip industry.
  • WANG Lieyao
    Jinan Journal. 2024, 46(8): 1-11. https://doi.org/10.11778/j.jnxb.20240941
    The study of overseas Chinese literature in China began in the late 1970s and has progressed from impressionistic criticism to poetical criticism. The renewal of this academic paradigm largely depends on the compilation and understanding of historical materials. It can be said that historical materials have always been crucial in the study of overseas Chinese literature, which display a rich sense of Chinese cultural community, manifesting the great confidence, appeal and vitality of Chinese culture. To harness the wisdom of Chinese people globally and unite the efforts of Chinese colleagues in this field domestically and internationally, it is necessary to establish a mature historiography of overseas Chinese literature, which has emerged as pivotal for advancing this discipline.
    The compilation and research of overseas Chinese literature materials within Chinese academic circles started from that of Southeast Asian Chinese literature in the late 1970s. After the 1990s, with the scope expanded, some representative achievements were fulfilled. After entering the 21st century, there have been calls for the establishment of historical material discipline and many useful discussions.
    To advance the current study of overseas Chinese literature, it is imperative to “resort to historical materials”, and reorganize and uncover them, transcending conventional notions. This entails re-evaluating, re-questioning, and re-theorizing materials to forge a fresh methodology grounded in historical materials to guide future research. Methodologically, we view materials as a crucial aspect, serving as a gateway to delve into the fabric of overseas Chinese literature. Reinterpreting through the tensions of materials-text, culture-history, and era-aesthetics, we emphasize “theory from historical materials”, fostering a research mindset rooted in positivism, historical materials, and critical analysis.
    Without the maturity of historical materials, the pursuit of a mature discipline consciousness in world Chinese literature cannot be fully realized and the discipline cannot reach its full maturity. Systematically collating and conducting thematic research on the historical materials of overseas Chinese literature spanning the past 140 years, we establish a comprehensive context, outline its fundamental features, and paint a theoretical landscape. This endeavor not only rectifies past errors in literary research but also sparks novel academic avenues, enhancing the scholarly integrity and individuality of the research subject.
    Given the cosmopolitan nature of overseas Chinese literature historical materials, it is necessary to open communication channels for the compilation and research in China and abroad to construct a trans-regional and macro study. It is critical to make full use of the cooperative relationship between the China World Association for Chinese Literatures and the associations of Chinese writers around the world, the World Chinese Writers Association and World Chinese Writers Federation, and the various communication channels between domestic academic circles and overseas research institutions. With the planning and coordination of the China World Association for Chinese Literatures, it has carried out various forms of communication and cooperation with academic institutions, literature and cultural groups, and historical material workers in many countries and regions.
    The establishment of overseas Chinese literature historical materials represents a unique and essential prerequisite for the discipline's development, marking a significant milestone in its evolution and sophistication. It is the vital path to transcend marginalization and weakness, empowering overseas Chinese literature to flourish, expand, and excel.
  • CHENG Shaoyan
    Jinan Journal. 2024, 46(5): 57-69. https://doi.org/10.11778/j.jnxb.20231857
    The recent criminal procedure reforms in China have focused on improving litigation efficiency, and the academia has paid more attention to speedy trial and is against slow trial. All the academic papers were about speedy trial, even though have realized that criminal procedure should be carried out at appropriate speed. The appropriate speed of the criminal procedure includes speedy trial and necessary delay. Necessary delay provides a new vision for researching the criminal procedure.
    This article uses the method of the combination of macro and micro perspectives, not only proposing the concept of necessary delay, analyzing the value and justification of necessary delay, and identifying the problems caused by neglecting delays but also analyzing the application of the concept of necessary delay in specific systems. The appropriate speed of criminal procedure includes speedy trial and necessary delay, meanwhile, speedy trial has been a high concern, but the value of necessary delay was ignored. Necessary delay originates from fair trial, and includes power driven, rights protection, and consensus. There is a lack of necessity in the power driven type, a lack of rights protection awareness, and the value of consensus type was not mined in the necessary delay in China's Criminal Procedural Law. So, it should be improved from three aspects of constraint, confirmation, and expansion, which include revising unnecessary delay legal terms, stipulating the condition and duration of necessary delay, and empowering the parties with the right of relief for the power driven type; rebuilding good cause delay system, stipulating the minimum proceeding period, and establishing security system of necessary delay rights for the rights protection type; and expanding application scope of conditional non-prosecution and adding a system for suspending judgments for the consensus type.
    Compared to previous literature, this article creates new research topics. It proposes the concept of necessary delay against the background of speedy trial, being wary of the excessive tendency towards speed in current theory and practice, and points out that sometimes we should slow down to get better litigation effect. Additionally, this article provides a new vision of slow for criminal procedure research. This article does not advocate for litigation to be slow but observes criminal proceedings from a slow perspective. This article raises the right to necessary delay in litigation rights, enriching the rights system of the accused. Moreover, it points out that there are many unnecessary and insufficient delays in China's litigation period system, and regulations should be made from the perspectives of the clarification of delay conditions and time.
  • PU Ruoqian, SHI Qiaoyang
    Jinan Journal. 2024, 46(4): 29-39. https://doi.org/10.11778/j.jnxb.20240230
    From the 1980s to the present, Generation X Asian-American poets have been active in the American poetry scene. They have innovated and experimented with various poetic forms and styles, highly enriching the linguistic representation and aesthetic expression of contemporary English poetry. However, existing literary research has paid very little attention to Generation X Asian-American poets, and especially lacks research on the aesthetic and practical significance of Generation X Asian-American poetry.
    This article focuses on the innovative poetic practices in Generation X Asian-American poetry, including the use of creative language, fragmented narrative, and “blank space” visual presentation. Generation X Asian-American poets break down regional, cultural, temporal, and spatial boundaries by embedding multilingual symbols, adding intertextual dialogue across different time and space, and realizing multiple visual effects. The poet uses “wordplay” to subvert the authority of the English language, employs fragmented narratives to reveal the fractures in Asian-American cultural identity, and adopts “blank space” visual presentation to challenge “marginal” and “central” positions, dissembling the inherent power relations and boundaries of American society.
    This article contributes to existing literature in the following aspects. Firstly, this article captures the “double-blind spots” in literary research on contemporary American literature, that is, Generation X poets and Asian-American poetry. These two new subjects of focus not only mark an important complement to the study of Generation X Asian-American poetry but also point to an expansion from the study of Asian-American narrative texts to the study of Asian-American poetry. Secondly, this article discusses the diverse and heterogeneous aesthetic creations in Generation X Asian-American poetry, and focuses on the various breakthroughs in form and style made by Generation X Asian-American poets, which have greatly expanded and made unique contributions to the innovation and development of contemporary American poetry. Thirdly, Generation X Asian-American poets are immersed in a more equality-minded society that accepts social diversity characterized by race, class, religion, ethnicity, culture, language, and gender identity, and is therefore a more inclusive generation. By focusing on the Asian-American poetry created by this generation, this article explores the real living context and literary imagination space of the contemporary Asian ethnic group who grew up in the “post-civil rights era”, thereby providing a glimpse into the ethnicity, literature, and politics of the American society.
  • JIA Keqing
    Jinan Journal. 2024, 46(6): 1-14. https://doi.org/10.11778/j.jnxb.20230893
    As one of the representative figures in the contemporary analysis of Marxism, Elster has used modern social science research methods such as methodological individualism and rational choice theory (game theory) to analyze Marxist political philosophy and establish a more reliable micro foundation for it.
    Methodological individualism attaches great importance to the characteristics and functions of individuals and emphasizes that only by analyzing the micro-level components and mechanisms of society can we make scientific explanations of macro-level social phenomena. However, there are some problems with this kind of methodological individualism, for example, a collective may have different qualities than an individual due to its organizational structure. Elster regards the game theory as the best embodiment of rational choice theory and uses it to explain complex social phenomena. Game analysis aligns more with the reality of dynamic changes, adding new analytical tools to the Marxist theory. It should be noted that there are many irrational factors in society, so the results brought by rational choice and game analysis are often uncertain.
    For Elster, Marx's critique of capitalism is based on three serious flaws: alienation, exploitation, and inefficiency. At the same time, Elster points out that the causes of capitalist problems have both generality and particularity, and the ills of capitalist society are not all caused by the capitalist system. Some of them are due to the nature of capitalist production, but some of them are due to the universal biological facts of mankind, and some of them are due to the inevitable problems in organizing production. It is a pragmatic approach to distinguish the problems caused by the capitalist system from the general problems existing in capitalist society.
    Elster proposes a new definition of class by combining “assets” and “actions”. This definition helps to distinguish different classes within ruled groups or ruling groups, but there is no clear logical relationship between assets and behavior. Under the effect of individual psychological mechanisms, people with the same assets may not have the same behavior, and people with the same behavior may not come from the same assets. Elster recognizes the role of class struggle in promoting the development of human society, but points out that class struggle is not always dominant. State power has not only class character but also certain independence and public character. The bureaucrat group and the capitalists both try to maximize their interests, and there is a game between them.
    Elster emphasizes the morality of Marxism and believes that Marx's expression of future communism contains two levels of value demands. The value appeal of the first level is distributive justice, and the value appeal of the second level is the free development and self-realization of human beings. In terms of the relationship between the two levels, the appeal of self-realization is higher than the appeal of distributive justice, which is the premise and guarantee of self-realization. Based on methodological individualism, rational choice, and game theory, Elster puts forward the view of local justice and expands the research horizon of distributive justice.
  • 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.
  • ZHANG Shuyu, XU Chengfang
    Jinan Journal. 2024, 46(9): 1-12. https://doi.org/10.11778/j.jnxb.20240993
    Xi Jinping's important exposition on the “cultural leadership of the CPC” has provided a strong and solid theoretical guidance to cope with the changes of the times and the needs of development, and has an important cultural guiding role in the new era. This important exposition systematically summarizes the wisdom of cultural theory and Chinese practical experience in cultural construction, with the main goal of adhering to the people's position of Chinese culture, and highly condenses the ideological achievements with the distinctive characteristics of the times, marking the entry of the modernization of the Chineseization of Marxism into a new stage of development, and laying a profound cultural foundation for the development of the Chinese-style modernization road.
    In this paper, we take Xi Jinping's important thesis on the cultural leadership of the Communist Party of China (CPC) as the object of study, and discuss in depth its background, theoretical generation, main connotations and great significance. The international situation today is complicated and volatile, globalization is constantly deepening, various trends of thought and culture are stirring each other, and competition in the field of culture is becoming more and more intense. To cope with the opportunities and challenges of the world's great change that has not occurred in a hundred years, it is necessary to build up the international influence and cultural leadership of Chinese culture. Therefore, this important thesis is an inevitable choice to safeguard national cultural and ideological security, ensure that the construction of a strong cultural country always adheres to the correct direction, and continuously satisfy the people's aspirations for a better life.
    In the dimension of faith, adhering to Marxism as a guide is the fundamental guideline for mastering ideological leadership, as well as the cornerstone for adhering to Marxist beliefs and correctly grasping the direction of China's cultural advancement. In the dimension of political parties, it is of utmost importance to adhere to the overall leadership of the Party, which is the “master helmsman” in determining the direction of cultural advancement, and to attach importance to the high degree of unity between the Party and the people, which is an important cultural mission that manifests the value of “the people above all”. In the international dimension, adhering to the high degree of cultural self-confidence is the scientific guidance for promoting the construction of a strong cultural country and building a modern civilization of the Chinese nation, and enhancing the right of international discourse is the trend requirement for “telling a good story about China” and advancing the new form of human civilization. Meanwhile, in terms of theoretical contribution, this thesis reveals the inherent law of cultural leadership, realizes the innovation of cultural theory, and ushers in a new era of Marxism's doctrine of party building, cultural theory and world history theory. In terms of practical value, this thesis has guided literature and art into a new stage of development, emphasized the distinctive people-oriented nature of literature and art, and provided fundamental theoretical support for strengthening the Party's leadership of propaganda, ideological and cultural work. In terms of global significance, this thesis defends national political and cultural security, deepens the role of cultural self-confidence in highlighting national subjectivity, reverses the disadvantaged position of “the East” in the world's discourse leadership, and effectively shapes an international communication image with Chinese cultural recognition.
    To sum up, General Secretary Xi Jinping's important exposition on the “cultural leadership of the CPC” is a new era of cultural theory innovation based on China's national conditions, which provides a powerful ideological guarantee for the Party's propaganda and ideological and cultural work, an important guideline for the cultural construction in the new era, and a spiritual impetus and public opinion support for China's international communication. It is of great and far-reaching significance as a revelation of the times for promoting the prosperity of socialist culture with Chinese characteristics, realizing the Chinese dream of the great rejuvenation of the Chinese nation, and building a new form of human civilization.
  • LI Chunmei
    Jinan Journal. 2024, 46(9): 137-151. https://doi.org/10.11778/j.jnxb.20240382
    In the context of China's high-quality economic development and the urgent task of “bottleneck”, it is of great practical significance to quickly improve the innovation quality of enterprises. At this time, the domestic digital economy is rapidly flourishing, and the digital economy has become a new direction for today's economic development. Digital information has also become a new supply factor for enterprise innovation activities. So, whether the digital economy can effectively improve the innovation quality of enterprises and stimulate the innovation potential of the real economy has become an important topic worth exploring in current academic theoretical research and enterprise practice.
    This study is based on the fact that China's digital economy is developing rapidly, and analyzes the promoting effect of the digital economy on the quality of enterprise innovation and the mechanism of its impact. Using micro level data from 2609 listed companies from 2010 to 2021, and drawing on research methods such as Bradley et al. (2016), Zhang Jie, and Zheng Wenping (2018) to construct innovation quality indicators, and drawing on the research methods of Zhao Tao et al. (2020) to construct development indicators for the digital economy in 236 prefecture level and above cities in China, this study examines how the development of the digital economy affects the innovation quality of enterprises. Research has found that the improvement of the digital economy level has an inverted U-shaped impact on the improvement of enterprise innovation quality, that is, the innovation quality improvement effect of the digital economy has a inhibitory effect after passing through a turning point. After changing the estimation model, replacing core regression variables, and addressing endogeneity issues, the estimation coefficients still maintain significant robustness. In the inverted U-shaped mechanism, the intensification of product market competition will promote enterprises to improve their innovation quality, and the digital economy will affect the innovation quality of enterprises through the U-shaped effect on product market competition; the narrowing of the gap in cutting-edge technology among enterprises can improve the quality of innovation, and the U-shaped effect of the digital economy on the gap in cutting-edge technology among enterprises is also an important component of its impact mechanism on the quality of innovation.
    Previous literature has extensively studied the significant positive effects of the development of the digital economy on improving innovation quality, but little attention has been paid to whether the effects will exhibit a non-linear pattern. Additionally, there is a lack of exploration into the impact mechanisms based on product market competition and cutting-edge technology gaps, which are also the main contributions of this article. This study to some extent enriches the theoretical and empirical research on the innovation effects of the digital economy, and further reveals the inherent logic between the development of the digital economy and the improvement of enterprise innovation quality. This helps government departments to formulate more targeted policies and measures to support the innovative development of enterprises during the historical period of booming digital economy, providing positive reference and inspiration for the achievement of the goal of “created in China”.
  • QI Hongmei
    Jinan Journal. 2024, 46(7): 61-74. https://doi.org/10.11778/j.jnxb.20231804
    After the 2008 global financial crisis, countries have adopted macroprudential regulatory systems, aimed at preventing systemic financial risks and avoiding the transmission of operational risks from financial institutions to the broader financial system and the real economy. However, with the advent of the digital revolution, the financial industry has undergone profound transformations, with the application of digital technologies leading to new financial models, business operations, and market structures that pose significant challenges to traditional macroprudential frameworks. In the digital age, sources of systemic financial risk have shifted from conventional financial institutions to newer carriers such as digital technologies, fintech companies, digital platforms, and digital infrastructure, which can disseminate risks more widely across markets and society. As a result, existing macroprudential regulatory systems face comprehensive challenges, particularly in terms of monitoring, regulatory measures, resolution mechanisms, and the overall regulatory framework. To address these challenges, reforms should be considered in several areas. (1) Expansion of regulatory scope: In addition to traditional financial institutions, novel financial entities should be included within the regulatory scope. (2) Development of monitoring systems: New monitoring systems and technological tools need to be developed to better track and monitor potential systemic risks under conditions of financial digitalization. (3) Adjustment of regulatory measures: Regulatory measures and their implementation methods should be adjusted in response to changes in systemic risks. (4) Reform of resolution mechanisms and regulatory frameworks: Existing resolution mechanisms and regulatory frameworks should be reformed to better accommodate the realities of financial digitalization. These reforms aim to ensure that the regulatory environment remains effective and adaptive in the face of rapid technological change and evolving financial landscapes.
  • DU Jiao
    Jinan Journal. 2024, 46(7): 75-87. https://doi.org/10.11778/j.jnxb.20240401
    Grassroots governance in China is undergoing a period of drastic transformation, with the state shifting from passive intervention to active governance in rural areas, and the state is shifting from selective control over rural society to comprehensive governance. In this situation, the government has set multiple governance goals in rural areas, forming a multi-center work pattern at the grassroots. The multi-center work task places higher demands on the governance ability, especially the self-mobilization ability of grassroots governments. However, existing research on government mobilization systems and mechanisms is mainly applicable to normalized governance situations, such as single-center work tasks or limited-center work tasks, lacking necessary attention to township mobilization mechanisms in multi-center work task situations.
    This article adopts a case study method, taking W Town in the central region as a typical case, focusing on exploring the internal mobilization and operational logic of resource-scarce townships widely existing in the central and western regions. In particular, it presents the practical mechanism of quantifying work task indicators as a way for township governments to mobilize township workers, in addition to serving as a system instrument for superiors to assess subordinates, enriching and promoting research on township governance.
    This article finds that faced with the pressure of multi-center work, quantifying work indicators comprehensively is not only an important institutional instrument for superiors to assess subordinates but also an increasingly important means for township governments to achieve high-intensity mobilization of internal staff in townships. The comprehensive quantification of work indicators mainly manifests in the simultaneous quantification of results and processes for work indicators with quantifiable completion results, as well as the quantification of processes for work indicators with non-quantifiable completion results. Leveraging the computability, decomposability, and comparability of work tasks contained in quantitative work indicators, townships can fully activate mechanisms such as accountability, accounting supervision, and face-saving incentives to achieve high-intensity mobilization of township cadres and improve the efficiency of task execution. However, this mobilization method that relies on quantifying work task indicators brings difficulties such as excessive mobilization and operation of townships, and the breeding of formalism and suspension of grassroots political power. To solve this dilemma, it is necessary to change the multi-center work pattern of grassroots governments, maintain a simple state of grassroots governance, reduce the burden on grassroots governments, and give them a certain degree of autonomous governance space to enhance their social responsiveness.
    This article contributes to existing literature in two aspects. First, it expands the governance context embedded in government mobilization, especially township government mobilization, by achieving a transition from single-center or limited-center work task scenarios to multi-center work task scenarios, taking into account the practical changes in China's rural governance context; Second, it deepens the understanding of the concept of “quantification of work indicators”, which means that “quantification of work indicators” is not only an institutional instrument for the superior government to assess and manage township governments but also an important way for township governments to mobilize township workers in all aspects when facing multi-task pressures. This article focuses on understanding the significance of quantifying work indicators in promoting township governance work from the perspective of mobilization.
    This article reveals the logical manifestation of quantified work indicators as a mobilization method in township governance in the context of multi-center work tasks. It analyzes the potential governance risks of this mobilization method that heavily relies on quantified work indicators and proposes solutions, which will help national and local governments achieve the goal of modernizing rural governance.
  • 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.
  • TONG Yunfeng
    Jinan Journal. 2024, 46(8): 65-78. https://doi.org/10.11778/j.jnxb.20241389
    In recent years, digital technologies have been constantly updated and iterated, and neural technology products represented by brain-computer interfaces are moving from the laboratory to people's daily life. While improving people's life and enhancing human body function, neurotechnology products bring many legal risks and ethical crises. It is necessary to find reasonable legal regulation methods to avoid the risks while exploring the value of neural technology. However, most of the existing studies only focus on a single risk and do not put forward a systematic legal regulation scheme, do not find a balance between technological innovation and risk aversion, and cannot get out of the Collingridge dilemma faced by neural technologies. Only by finding the legal solution to solve the dilemma can we promote the healthy development of neural technologies.
    We search and read relevant literature from the Chinese National Knowledge Infrastructure (CNKI) database, Duxiu database Wanfang database, and HeinOnline database, and relevant written judgments from the China Judgements Online and PKULAW database. We also carry out surveys in Internet companies and emerging neurotech companies, aiming to find the merits and demerits of the existing theoretical research results, understand the judgment principles of cases of judicial practice, and gain insight into the actual situation of technological development and legal needs. A comprehensive approach of comparative study, empirical study, and case study is adopted to find a Chinese solution to balance technological innovation and risk avoidance.
    Citizens should be granted neural rights, including the rights to cognitive freedom, spiritual privacy, spiritual integrity and psychological continuity. As digital human rights, neural rights should contain the content of both public law rights and private law rights. However, traditional rights cannot fully include neural rights, highlighting the intergenerational gap between norms and emerging technologies. In this regard, the barriers between the digital society, physical society, and different legal departments should be penetrated, and the domain law of protecting neural rights should be shaped. At the level of private law, neural rights can be protected by reasonably explaining the general personality rights and applying specific personality rights similarly, and neural rights can be incorporated into the personality rights system in the civil code in the future. At the public law level, the government should fully fulfill the national obligation to protect neural rights, urge enterprises to fulfill the compliance obligations, and standardize the citizens' rational use of neural technology products. At the level of criminal law, data crime, information crime, and personal crime are connected to shape the crime system of protecting neural rights.
    This paper mainly expands on previous research in the following two aspects. First, it is necessary to upgrade the neural rights to digital human rights, so that the neural rights are no longer limited to private law rights, but a comprehensive basic human rights including private law rights and public law rights. Second, we can expand the legal protection method of neural rights, adopt the penetrating protection mode, break down the barriers between physical space and digital space, play the front-end risk prevention regulation function of enterprise compliance, the middle-end behavior restraint function of administrative law, and the back-end outcome evaluation function of criminal law, shaping the systematic protection mechanism of neural rights. This paper reveals the national policy attitudes to the development of neural technology and brain-computer interface products, namely, to encourage innovation while avoiding risks, promoting Chinese science and technology enterprises “go out”, obtain the advantageous competitiveness of advanced technology and the international discourse power, and export the Chinese solution to control the neural technology risks to the international academic circles.