Most accessed

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

Please wait a minute...
  • Select all
    |
  • LIU Yiping
    Jinan Journal. 2024, 46(2): 38-51. https://doi.org/10.11778/j.jnxb.20231363
    Studies in the history of historiography show that historiography in Song Dynastywas influenced by emerging Neo-Confucian thought, resulting in the formation of the paradigm “Neo-Confucian historiography”. However, these studies are generally correlational rather than causal. There is still a lack of discourse on why and how Neo-Confucianism acts on historiography to form the new paradigm. To address this gap, this paper adopts an interdisciplinary perspective integrating Chinese philosophy and the history of historiography, and conducts research from the following two aspects.
    Firstly, it demonstrates the causal relationship between the theoretical connotation of Neo-Confucianismand Neo-Confucianhistoriography. Based on the overall theoretical framework of Neo-Confucianism in the Song Dynasty, specifically the concepts of “essence-function (ti-yong) with a shared origin” and “principle-phenomena & essence-function” (li-shiti-yong). It clarifies the theoretical position of Neo-Confucianism as “principle” and “essence” and historiography as “phenomena” and “function”. Based on this theoretical framework, the absolute truth or ultimate nature of Neo-Confucianprinciples must be implemented and demonstrated in historiography. It organizes the diverse and scattered historical events into a cohesive whole, thereby forming the “historization of Neo-Confucianism”. Historiography must also be integrated into the Neo-Confucian system, fulfilling the role of explaining and verifying Neo-Confucianism, and becoming an inherent part of the holistic, continuous, and integrated ideological system of Neo-Confucianism, thus forming the “Neo-Confucianization of historiography”. Consequently, Neo-Confucian historiography embodies the relationship between classics and history-“Classics provide the principles, whereas history applies them; classics and history are inseparable, and they are of the same origin.” It also highlights the intrinsic spirit of “integrating essence with function, governing phenomena with principles, prioritizing the classics, and not neglecting history”.
    Secondly, it analyzes the substantial impact of the theoretical structure of Neo-Confucianism on Neo-Confucian historiography. Drawing on the views of Wang Fuzhi in the Qing Dynasty, this article divides the theoretical models of Song Neo-Confucianism into two categories. One is “viewinghuman from the principle of heaven” influenced by the philosophical tradition of the Book of Changes, while the other is “viewing Heaven from the perspective of human” developed from the philosophical traditions in the Spring and Autumn Annals and the Doctrine of the Mean. Corresponding to the first theoretical model is the narrative-oriented Neo-Confucian historyrepresented by Hu Hong's The Grand Annals of Emperors and Kings. This work, adopting the cosmological theory and the doctrine of heavenly principles in Neo-Confucianism as its temporal framework, reinterprets Confucian classics as ancient historical materials into this framework, thus constructing a Confucian-style narrative model for early Chinese history. What relates closely to the second theoretical model is the evaluative Neo-Confucian history represented by Hu Yin's Insights from Reading History. This work, based on the ethical cultivation theory and political and social analyses in Neo-Confucianism, evaluates historical figures and events from the Warring States period onwards comprehensively and systematically. It is in this sense that we can say the theoretical structure of Neo-Confucianism has had a decisive influence on the categories of Neo-Confucian historiography.
    This article demonstrates the internal logic of the formation of Neo-Confucian historiography from the generative perspective, and the correspondence between the structure of Neo-Confucianism and the categories of Neo-Confucian historiography from the perspectiveof typology. The two representative works of Neo-Confucian historiography in the Song Dynasty, written by second-generation scholars of the Huxiang School, reveal that this school attempted to go beyond mysticism and empiricism and construct a metaphysical and speculative philosophy of history from the perspective of rationality and humanism. Their efforts, not only promoted a leap forward in traditional Chinese historiography, but also occupied a leading position in the development of world historical philosophy.
  • 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.
  • ZHOU Xuefeng
    Jinan Journal. 2024, 46(1): 61-78. https://doi.org/10.11778/j.jnxb.20230055
    The simplification of insurance clauses is an important means to reduce the information asymmetry between the insurer and the insured. If the simplification of insurance clauses is considered as a mandatory requirement for supervision, then its standards need to be clarified. Advocating and regulating the simplification of insurance clauses through legislation originated from the Plain English Movement in the United States and was later borrowed by many other countries. The legislative experiences of the United States indicate that there is no perfect or indisputable standard forsimplification of insurance clauses. The subjective standards can easily lead to uncertainty, while objective standards can easily lead to rigidity and single-faced evaluation. The combination of subjective and objective standards as a whole is more reasonable.The experience of the US insurance industry shows that the simplification of insurance clauses is not simply a legal or linguistic issue. In order to ensure the accuracy and feasibility of the standards for the simplification of insurance clauses, it is necessary to collaborate with experts from the insurance industry, linguists, legal professionals, computer technology experts, consumer protection groups, and other related fields. The simplification of insurance clauses in China needs to take into account the literacy level of Chinese citizens and the characteristics of the Chinese language. The immaturity of research on the standard for the readability of Chinese texthas to some extent affected the regulation on the simplification of insurance clauses.Against the current legal background in China, for the insurance policies that concern the public interest or are subject to mandatory insurance in accordance with the law, if their insurance clauses do not meet the regulatory requirements for the simplification of insurance clauses set by the insurance regulatory authority, the insurance regulatory authority may refuse to approve such policies. For insurance clauses of other types of insurance, if the insurance regulatory authority finds that the filing clauses do not meet the requirements of simplification during the review, it can order insurance companies to make corrections, or impose penalties in accordance with the law. Although the insurance clauses should not be held void solely on the grounds that the insurance clauses havenot reached the standards of simplification, the degree of simplification of insurance clauses may have a certainimpact on the interpretation of insurance contracts.
  • HUANG Jiqiang, QI Yu
    Jinan Journal. 2023, 45(12): 55-67. https://doi.org/10.11778/j.jnxb.20230974
    In the context of tightening resource constraints, severe environmental pollution, and ecosystem degradation, the directive to “vigorously promote the construction of ecological civilization” was initiated by the 18th National Congress of the CPC in 2012 from a fresh historical starting point. A crucial aspect of ecological civilization construction lies in not only excelling in ecological development and environmental protection, but also seamlessly integrating these endeavors with economic progress. Thus, achieving a harmonious balance between environmental preservation and economic growth emerges as a strategic imperative for advancing ecological civilization while charting a course for China's sustainable development and modern governance. The enactment of the Environmental Protection Tax Law of the People's Republic of China, commonly known as the “Environmental Protection Tax,” on December 25, 2016, and its official implementation on January 1, 2018, mark a significant stride towards safeguarding and enhancing the environment, curbing pollutant emissions, fostering ecological civilization, and realizing sustained economic development.
    This research utilizes fiscal revenue tools to examine panel data from 285 cities across 30 Chinese provinces between 2014 and 2020. It investigates the impact of environmental protection tax on regional economic growth within the context of ecological civilization construction using a difference-in-differences model. The study's empirical findings highlight that the environmental protection tax contributes to meeting economic growth targets within the framework of ecological civilization, significantly fostering regional economic advancement. Robustness tests consistently validate this conclusion. The research identifies increased investment in scientific and technological innovation, the optimization and upgrading of industrial structures, and the rising demand for labor as primary drivers behind environmental protection tax's role in boosting economic growth and fortifying ecological civilization development. Further exploration reveals that the environmental protection tax effectively curbs pollutant emissions, fostering a harmonious coalescence of environmental preservation and economic advancement.
    This paper's distinctive contributions lie in three areas. Firstly, it employs a difference-in-differences model, mitigating issues of reverse causal endogeneity and enhancing result accuracy. Secondly, it delves into the effects of the newly implemented environmental protection tax policy of 2018 on macroeconomic growth, enriching the existing research. Thirdly, it investigates the macro-mechanisms of the environmental protection tax on economic growth, with a focus on scientific and technological innovation, industrial structure, and labor demand, thereby furnishing a pathway for shaping environmental protection tax policies to bolster macroeconomic growth.
    The study's implications are multifold: First and foremost, it calls for continually refining the environmental protection tax laws and reinforcing the enforcement supervision, with an aim to effectively implement environmental protection tax policies, promote ecological civilization, and seamlessly integrate environmental protection with economic growth. Secondly, it stresses the need for policies to back the green technology innovation, continual adjustments of industrial structure, and optimization of labor supply to foster an industrial setup characterized by high scientific and technological content, reduced resource consumption, and minimized environmental impact. Thirdly, it emphasizes the establishment of a strategic policy for the coordinated development of environmental governance and industrial structure, advocating a green industrial structure development system, innovation-guided strategies, the development of emerging industrial clusters, and the injection of vitality into the construction of a green economic system, among other measures aimed at nurturing clean industries and propelling economic development and transformation.
  • 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.
  • GAN Weiyu
    Jinan Journal. 2024, 46(2): 1-19. https://doi.org/10.11778/j.jnxb.20230774
    In the context of the current ecological civilization construction and high-quality economic development in China, promoting the technological transformation of enterprises has become an important task to achieve high-quality development. As an important institutional embedment method for enterprises, Party organization embedding can play a positive role in enterprises, indirectly improve the thoughts and values of enterprise managers, so that they can take the initiative to take measures for technological transformation and upgrading of enterprises. Based on this, this paper aims to study the influence and transmission path of Party organization embedding on the technological transformation and upgrading of private enterprises, so as to provide theoretical support and policy inspiration for promoting the high-quality development of private enterprises.
    Based on the data of the 12th National Sample Survey of Private Enterprises (CPES) in 2016, this paper constructs an empirical model with reference to research of Lyu Peng, Huang Songqin and Xu Xixiong, and examines how the Party organizationembedding affects the technological transformation and upgrading strategies of private enterprises. The empirical results show that private enterprises embedded by Party organizations are more inclined to adopt technological transformation and upgrading strategies. Further study reveals that private entrepreneurs' subjective status perception, environmental regulation pressure and innovation consciousness play an important mediating role in the above effects. After taking into account the sample selection bias, endogeneity and omitted variables, the results are still robust. In addition, the effect of Party organization embedding on the technological transformation and upgrading of enterprises is influenced by the heterogeneity of regional business environment and enterprise characteristics.
    Compared with previous literature, the possible contributions of this paper are in the following aspects. Firstly, different from previous studies, this paper focuses on the internal factors of enterprises to explore the driving factors of enterprise transformation, and discusses the technological transformation of private enterprises from the perspective of Party organization embedding. Secondly, different from existing studies focusing on the governance of Party organizations in state-owned enterprises, this paperlinks Party organizationembedding with the technological transformation and upgrading of private enterprises, and clarifies the logical line of Party organizationembedding-psychological characteristics of entrepreneurs-the adoption of technological transformation and upgrading strategies, enriching and expanding research in the field of Party organization governance. Finally, the findings deepen the understanding of how political forces influence enterprise development in emerging market economies, provide new knowledge in areas such as grassroots Party building and ecological civilization construction, and expand research on the development of green themes.
    The research conclusion of this paper provides theoretical support for the positive effect of Party organization embedding in corporate governance of private enterprises. In addition, at the practical level, this paper provides new ideas and theoretical basis for supply-side structural reform, high-quality development of private enterprises and grassroots Party building, and provides policy guidance for strengthening Party organizations to lead the high-quality development of private enterprises.
  • LI Weibing, CHEN Siyuan
    Jinan Journal. 2023, 45(11): 114-132. https://doi.org/10.11778/j.jnxb.20231110
    With the increasing intensity of climate change, the impacts caused by climate change are receiving more attention. As agricultural production is directly related to climate conditions, most scholars have investigated the profound effects of climate change on agriculture. In fact, industrial production is inevitably affected by climate change as well, but unfortunately, research in this area is relatively scarce. Only few studies have focused on the perspective of enterprise production, and there is rare exploration of the impact of climate change on micro-enterprises from the perspective of site selection.
    In order to expand the research perspective of existing literature, this paper uses Chinese meteorological data, Chinese industrial enterprise data, and relevant data from China City Statistical Yearbook to conduct in-depth analysis of the impact of temperature change on enterprise site selection decisions. Specifically, this paper adopts the methods of Hsiang (2010) and Deryugina and Hsiang (2014) to construct two variables, quarterly average temperature and temperature box, to measure temperature change. In addition, this paper examines the impact of extreme temperature on enterprise site selection decisions by using daily maximum temperature data to construct the variable of extreme temperature days. Then, referring to the method of Zhou Hao and Chen Yi (2013), the variable of newly established enterprises is constructed using the “year of establishment” information in Chinese industrial enterprise data, in order to measure enterprise site selection decisions. The study finds that enterprise site selection decisions are significantly influenced by temperature change. For example, an increase in average temperatures during summer and autumn and a decrease in average temperatures during winter would significantly reduce the number of newly established enterprises in the local area, and an increase in extreme temperature days would also have a significant negative impact on the number of newly established enterprises in the local area. Moreover, this impact varies by ownership type, industry type, and the level of economic development and temperature volatility. The mechanism test results indicate that temperature change primarily affects enterprise site selection decisions through two pathways: reducing the quantity and quality of labor supply in the region and enhancing environmental regulation.
    Compared with previous literature, this paper expands in several aspects: Firstly, it enriches the relevant literature on factors influencing enterprise site selection decisions. The existing literature mostly focuses on studying the factors influencing enterprise site selection decisions from the perspective of the enterprise itself or the external economic environment, with little attention to the influence of external climate factors on enterprise site selection decisions. This paper focuses on the climate change for in-depth research. Secondly, it complements the relevant research on the economic impacts of climate change. The existing research mostly analyzes it from the perspective of the overall economy or enterprise production. Yet no literature covers how climate change affects enterprise site selection decisions. This paper provides beneficial supplementation in this regard. Thirdly, it comprehensively constructs indicators to measure temperature change. This paper constructs three indicators (including quarterly average temperature, temperature box, and extreme temperature) to measure temperature change, which can accurately identify the impact of temperature change on enterprise site selection decisions.
    The research in this paper to a certain extent confirms that climate change will have a significant impact on the economy. For industrial enterprises, climate change will affect not only the production of existing enterprises, but also the site selection decisions of new enterprises. Therefore, it is urgent to address the issue of climate change. This paper provides empirical evidence for local governments to formulate climate change policies tailored to local conditions, which helps to raise awareness of government departments in dealing with the impacts of climate change.
  • LIU Tao, LIU Qianxin
    Jinan Journal. 2023, 45(12): 1-14. https://doi.org/10.11778/j.jnxb.20231375
    The Report to the 20th National Congress of the Communist Party of China stated that ethnic affairs would be handled with a focus on forging a strong sense of community for the Chinese nation, which emphasizes uniting citizens at the spiritual level. This is a systematic project, and its primary task is to construct a discourse system, i.e., constructing the thought foundation, knowledge content, and the ways of presentation for the discourse about the community for the Chinese nation. Discourse construction is essentially the practice of meaning, which means that the generation of meaning not only concerns the link between the signifier and the signified, but also involves the cognitive foundation that makes the link work, i.e., the legitimacy basis of discourse construction. Evidently, it is not valid to respond to the legitimacy question of discourse construction by merely examining the independent, dispersed symbols and their meaning. Only by placing the semiotic representation into the complicated relation structure, can we fundamentally understand the mechanism of meaning and the rule of symbols in the discourse generation. Therefore, to supplement the rhetorical perspective which focuses on discussing the function question of meanings, this article introduces the perspective of the semiotic system from semiotics, dives into the inner meaning structure of symbols, and analyses the collection of symbols as well as its operation mechanism. The generation of any discourse form can be viewed from four dimensions-discourse thoughts, discourse elements, discourse representation, and discourse strategy, which correspond to four semiotic issues, namely semiotic concepts, semiotic resources, semiotic narrative, and semiotic rhetoric. Based on this, this article integrates the perspectives of semiotics and rhetoric, and builds an analytical framework that takes discourse thoughts, discourse elements, discourse representation, and discourse strategy as main points.
    In general, in the dimension of discourse thoughts, the discourse about the community for the Chinese nation has formed a semiotic concept system whose core content is about identity consciousness, values, and interests. In addition to theoretical concepts condensing the key meaning, the semiotic concept system also includes relevant concepts and empirical concepts that are used to support and interpret the key meaning. These three kinds of concepts jointly outline the discourse about the community for the Chinese nation. In the dimension of discourse elements, the system of semiotic resources of the discourse about the community for the Chinese nation is embodied primarily in the story resources bearing the meaning of corresponding semiotic concepts, including stories taking unity, culture, and progress as the topics. The stories support the discourse construction of the community for the Chinese nation severally from the aspects of identity consciousness, values, and interests. In the dimension of discourse representation, following two basic paths of rhetoric-identification by sympathy and identification by antithesis, the discourse about the community for the Chinese nation has formed two narrative patterns-the narrative with sympathy and the narrative with antithesis. Respectively with emotional and conflictual narrative language, these two narrative patterns could strengthen the public's identification towards the community for the Chinese nation. In the dimension of discourse strategy, the system of semiotic rhetoric of the discourse about the community for the Chinese nation is mainly developed along the two aspects of metaphor and articulation: the former tends to concretize the community for the Chinese nation that is an abstraction, while the latter focuses on placing the discourse about the community for the Chinese nation into the mainstream discourse network, so as to firm the public's cognitive mode about the community for the Chinese nation.
  • YANG Fuxue
    Jinan Journal. 2023, 45(11): 35-46. https://doi.org/10.11778/j.jnxb.20230801
    A prevalent viewpoint holds that Dunhuang was very prosperous during the Xixia (1038—1227), but it was quite barren during the Yuan Dynasty (1227—1368). While there were conditions for large-scale construction of grottoes during the Xixia, it was impossible during the Yuan Dynasty. This cognition had a significant impact on the study of late Dunhuang Grottoes. Previously, due to the limited information, the academic community paid more attention to the Xixia and neglected the Yuan Dynasty, resulting in the dilemma in which the content in Dunhuang Grottoes that originally belonged to the Yuan Dynasty was mistakenly classified as the Xixia's. The excavation of the northern area of the Mogao Grottoes in the 1980s and 1990s unearthed a large number of the materials of the Yuan Dynasty, which were written in Uyghur, Mongolian, phags-pa, Chinese, Sanskrit, and Xixia manuscripts. With the publication of these materials and the further enhancement of the recognition of Persian literary and historical materials in the domestic academic community, it can be seen that Dunhuang culture experienced a rapid changing period in which it declined from the Xixia to the early Yuan Dynasty but prospered in the late Yuan Dynasty. The dividing point is roughly marked by the entry of the Mongolian Bin Wang family in 1276. After 1276, especially in the first half of the 14th century, the Mongolian Prince of Bin family formed four Urus, namely Bin, Xining, Su, and Weiwuxining, stationed in Jiuquan, Dunhuang, Guazhou, and Qumul, becoming the highest hereditary throne in Western China at that time, with the same military power and fiefdoms as the Prince of Xiping and Prince of Anxi of the Kublai Khan lineage. The political status of the western region of the Hexi Corridor (Dunhuang and Guazhou included) is high, even surpassing that of Gansu Province. The family also governs a vast region, including present-day Gansu, Ningxia, Qinghai, and Xinjiang. This has changed the decadence of the western region of the Hexi Corridor since the Xixia to early Yuan Dynasties, with poverty alleviated and economy developing rapidly, thus achieving good results in land reclamation and becoming a model for the time. In addition, the influx and integration of numerous ethnic groups from Central Plains, West Asia, and Central Asia jointly promoted the prosperity of Dunhuang culture in the late Yuan Dynasty. The construction of grottoes reached a climax during this period, and grotto art with extremely high artistic level and royal atmosphere also emerged. The Mongolian Bin Wang family paid attention to the development of local transportation, reorganized post roads, strengthened the management of transportation affairs, and greatly improved the transportation conditions in Dunhuang in the late Yuan Dynasty, allowing for easy access in all directions. From the literature unearthed in Dunhuang, it can be seen that Dunhuang maintains close relationships with various places, such as Khanbaliq, Hangzhou, Fujian, Turpan, Suzhou (present-day Jiuquan), and Khara-Khoto.
  • XING Jinghua
    Jinan Journal. 2024, 46(1): 1-15. https://doi.org/10.11778/j.jnxb.20231821
    In recent years, globalization has been accompanied by the emergence of large-scale transnational transmission of infectious diseases, and public health crises have posed enormous risks and challenges to countries. The issue of public health governance has become an important topic in global governance, and what differs it from traditional governance is the active participation of non-state actors, which play an important role in global health governance. After the occurrence of major public health crises, overseas Chinese and their self-organizations have participated in the global health governance as emerging governance subjects. However, existing studies have examined governance issues more from a macro-social perspective, and those involving topics related to overseas Chinese have mostly focused on their contributions from the perspectives of public diplomacy and morality, but lacked research on the dynamic governance mechanisms of micro-subjects; in particular, micro-examination of non-state actors around transnational governance urgently needs to be supplemented.
    This paper applies interdisciplinary research methodology to analyze the complex transnational practices of overseas Chinese and their self-organized transnational governance behaviors, governance mechanisms, motivating factors and challenges. This paper intends to interpret the participation paths and roles of overseas Chinese interacting with states, societies and communities in the complex transnational practicein global public health governancess diverse entities in the multilateral cooperation and collaborative governance network.It is found that overseas Chinese have formed diversified self-organizations with different characteristics and linkages, and these self-organizations actively participate in global health governance, presenting the characteristics of transnationality, spontaneity, flexibility, innovation, and network. Overseas Chinese and their self-organizations have formed a four-fold governance mechanism of “autonomy-collaboration” in global health governance through cooperation with governments and societies, including internal management incentives and mobilization, virtual space application of mobile communication technology, allocation of social network resources, and collaborative governance with different governments and society. The impetus for overseas Chinese to participate in global health governance stems from a combination of intrinsic and extrinsic factors, resulting in a unique behavioral logic between the “our nation” and the “other”.
    This paper expands previous researchin the following aspects. Firstly, it extends research around the subject of global health governance from the original major country policy and public diplomacy to the specific micro transnational subject of overseas Chinese and their self-organizations.Secondly, it analyzes the mechanism and role of overseas Chinese and their self-organizations' participation in global health governance by summarizing the case studies of the micro dynamic practical actions, and opens up a new horizon for the study of overseas Chinese self-organizations. Thirdly, relevant non-state actors have rarely paid attention to overseas Chinese as a unique transnational cross-cultural group, which effectively expands the boundaries of the existing global health governance in which multiple subjects govern public health crises.
    This paper enriches the connotation of research on global health governance, provides a theoretical support for the effective understanding and promotion of the concept of building a community of common health for mankind. Overseas Chinese contribute international health public goods and medical experience through international public welfare and charitable activities, which makes up for the inadequacy of the state as a single governance subject, and potentially increases China's national soft power to participate in global health governance.
  • CHEN Long
    Jinan Journal. 2023, 45(11): 1-13. https://doi.org/10.11778/j.jnxb.20230053
    After more than 20 years of exploration since the founding of the Party, the CPC's publicity work system has become stable, forming a pattern where all publicity work belongs to the Publicity Department. Therefore, the academic community did not pay much attention to the systematic operation of the CPC's publicity work during the War of Liberation, but focused on the establishment background, historical evolution, structural system, and staffing of publicity organizations, outlining the basic contour of this field with many questions unanswered. From the perspective of power operation logic, what is the deep motivation of the merger and transformation of the CPC's publicity organization? Why is the organization for coordinating publicity and decision-making becoming virtual? From the perspective of institutional system operation, how does the publicity department system, party newspaper system, publishing and distribution system, and news agency system unify leadership and cooperate “in a wide range of fields of publicity work”? From the perspective of the revolutionary party to the ruling party, what mechanism did the CPC gradually assume to meet the needs of the public for news after the liberation war entered the stage of strategic counter attack? How to clarify the direction of the transformation of the publicity work system after CPC's taking office?This paper focuses on the power operation and systematic operation of the publicity work of the CPC during the War of Liberation through literature research and systematic research. It reveals that in order to achieve “centralized and unified leadership” of the publicity work, the CPC changed the Central Publicity Committee into a publicity conference, and unified the party newspaper system, news agency system, and publishing and distribution system into the publicity department system. The superior publicity department also established a business guidance relationship with the subordinate political departments, which has strengthened the structure of “unifying all publicity within the Party's publicity department”. At the same time, with the request for instructions and report system as the core, a series of publicity work systems have been constructed, and publicity work can be systematically operated. During this period, the news agency system achieved significant development due to its compatibility with the discrete and segmented organizational form and the rapidly changing war situation, promoting the growth of the news industry from publicity work and laying the foundation for the emergence of news management agencies of the government.Compared with the previous research results, this paper has expanded in two aspects: First, it discusses the adjustment of publicity system, which is the disadvantage of “decentralization” caused by the expansion of the CPC in the field of work and the extension of the context. According to the changes in its own state and central tasks, the results of repeated attempts at both ends of “centralization” and “decentralization” have finally established the principle of “collective leadership” and “division of labor and responsibility”. Second, on the basis of clarifying the system, level and relevance of publicity organizations, and according to the “work system and power issues” put forward by Mao Zedong, it is revealed that the CPC has built a series of publicity work systems with the request and report system as the core, providing the “most basic conditions” for achieving “centralized and unified leadership”.The research of this paper has expanded the connotation of the research of the CPC. On the basis of the analysis of historical materials to reveal the historical revolution of the CPC's publicity institution, it will help the academic community further tap the deep logic of the adjustment of publicity work system and the publicity work systemic operating mechanism consisting of the working system and discipline composition, so as to reveal how the CPC's publicity institution became “one of the most effective departments in the Chinese communist organization of this century”.
  • ZHOU Ruijue
    Jinan Journal. 2024, 46(2): 149-164. https://doi.org/10.11778/j.jnxb.20230809
    In modern society, the popularization and application of network communication technology has reshaped social structure and social relations, but it has also produced post-modern social risks-cybersecurity risks. Diversified governance tools such as law, technology, and market have become the core elements of current cybersecurity governance. Under the guidance of market governance, cybersecurity loss insurance has gradually received attention, and policies such as theOpinions on Promoting the Standardized and Healthy Development of Cyber Security Insurancewere released one after another. However, most of existing studies discuss issues such as risk insurability and insurance product design from an insurance perspective. In particular, there is a lack of specialized research at the legal system level on matters that are prone to legal disputes such as the scope of loss compensation for this type of insurance.
    Since there are no judicial cases on cybersecurity loss insurance in China, this article uses judicial cases in the United States, where cybersecurity loss insurance is relatively developed, as an argument to analyze the U.S. courts' decisions on the purpose of insurance contracts, determination of insurance liability, and determination of the scope of cybersecurity losses. In addition, this article, based on the practical characteristics of cyber security losses,compares them with the concept of loss in traditional civil law theory. From this point of view, all cyber security economic losses at the factual level do not certainly belong to the basic scope of loss compensation in insurance law. According to the basic division of “actual losses” and “reasonable expenses”, the loss compensation logic followed by cybersecurity loss insurance is actually based on “limited compensation”, and its ideal “supplementary” effect is to compensate for the difference in operating capacity before and after the occurrence of cybersecurity incidents and the difference in actual economic profits.
    Compared with existing research, this article conducts a specialized analysis of two common types of security losses-business interruption losses and cyber extortion, and makes an expanded discussion on their corresponding insurance liabilities. First, for business interruption losses,insurance liability is limited to cybersecurity failures that the insured cannot effectively handle. As business interruption losses are in the nature of profit losses, the prerequisite for cybersecurity loss insurance to compensate for such losses is that the losses are caused or expanded due to reasons within the scope of liability of the main insurance clauses. Second, for losses such as cyber extortion, the assumption of insurance liability is based on the premise that “paying the ransom is the best way to avoid the expansion of losses”. Moreover, after the insured fulfills its notification obligation in a timely manner, the data to be protected by paying the ransom should be the data held hostage by the cyber extortion attack.
    This article reveals the compensation function of cybersecurity loss insurance for various types of cybersecurity losses, which helps to reduce legal disputes about the insurance liability clauses of this type of insurance in the practical pilot of cybersecurity loss insurance and realize the loss of cybersecurity insurance. The filling function is connected with the functions of the current cybersecurity legal system.
  • BAI Yingjie
    Jinan Journal. 2023, 45(11): 24-34. https://doi.org/10.11778/j.jnxb.20230701
    Li Xiangjun is one of the most important female characters in Chinese opera in The Peach Blossom Fan. There are three theories in the study of Li Xiangjun's image, namely the mainstream “patriotic female hero” theory, the “symbol of sex” theory, and the “identity” theory of American sinologists Stephen Owen and Tina Lu. Both the “patriotic female hero” theory and the “identity” theory value the “human nature” and “character will” embodied in Li Xiangjun's image, neglecting its “symbolicity” and “author's will”. In the theory of “sexual symbols”, the interpretation of Li Xiangjun's “symbolism” is limited to the relationship between sex and political struggle, and has not yet been fully explained. In terms of the essence of the character images in the text and the “fable” characteristics of legendary opera, the image of Li Xiangjun should be regarded as a symbol.
    This article starts from the “symbolism” of the image of Li Xiangjun, and explores the unique conception and profound ideas in this image from three aspects: Dan character, identity, and symbol. The first part extends the textual research approach of the theory of the “patriotic heroine” and discusses the fact that the image of Li Xiangjun is different from the four common types of Dan characters in legendary historical dramas. It not only has its character prototype, but also extensively draws on the protagonist image characteristics of romantic dramas, immortal dramas, historical dramas, and ethical dramas. In order to use this image as a spokesperson for the distinction between gentlemen and villains, the author modified the prototype character's name and personality, and set up the “Peach Blossom Fan” as her identity symbol. Against the backdrop of the symbol, Li Xiangjun's image embodies a unique spirit of both chastity and charm. The second part inherits the “identity” perspective of the “identity” theory. However, from the perspective of “author's will”, this part argues that The Peach Blossom Fan inherits the “cursing technique” from Hou Fangyu's Answering to Tian Zhongcheng, and uses Li Xiangjun's prostitute identity to curse Ma and Ruan's wicked clique. Li Xiangjun's “victory” over Ma and Ruan's wicked clique played an important role in balancing the proportion of justice's victory and defeat and regulating the atmosphere of the entire drama. The third part develops the theory of “sexual symbols”, and argues that the “love of separation” in the play is not an independent theme, but an auxiliary and supplementary aspect of the “sense of rise and fall”. The Peach Blossom Fan uses the imagery of Hou Li's “wedding” and the Tiantai “Peach Blossom Land” to point out that the relationship between Hou and Li is full of “emotion” and “desire”, and in the play, the emperor is captured, making it difficult for the two of them to follow the common “routine” of the emperor's given marriage in the legend. Taoist priest Zhang's cutting off Hou and Li's Romance did not hinder the normal union between couples, but symbolized the severing of the “emotions” and “desires” of scholars. Through this unconventional ending, the author reveals that the main reason for the downfall of the country in the drama is the excessive pursuit of “emotions” and “desires” by scholars, neglecting the normal satisfaction of the country for “emotions” and “desires”, ultimately making the individual fail to realize the “emotions” and “desires”.
    Finally, this article believes that Li Xiangjun's “symbolism” reflects the text's application of symbols beyond as “emblem” and “instrument”, as well as the creative inheritance of previous texts. It also fully utilizes the combination relationship between symbols, which has important enlightening significance for us to break through the “human nature” of interpreting character images, and expand the broader space for text interpretation.
  • HUANG Xijiang
    Jinan Journal. 2024, 46(2): 107-125. https://doi.org/10.11778/j.jnxb.20212338
    Multiple documents of the Communist Party of China (CPC) and the state advocate for strong protection of intellectual property rights, and explicitly state punitive damages for intellectual property rights.From the Civil Code to the amendments of the Copyright Law, the Patent Law, and the Trademark Law, and then to judicial interpretations on punitive damages for intellectual property, the punitive nature of intellectual property has evolved from scratch, becoming more refined and operational.As such an important new system, legal doctrine should connect the relationship between the Civil Code and intellectual property and its separate laws, and clarify the relationship between the new law and the old law, and between supplementary and punitive damages.
    This article adopts a normative analysis method to start with the concept of damage, and combines with the function of punitive damages to clarify the specific connotation of punitive damages. It is damages compensation made by the court beyond compensatory compensation, in addition to the traditional principle of “filling” in civil law.Punitive compensation for intellectual property is a very special private punishment system. The Civil Code founds punitive compensation for intellectual property, which innovates the traditional compensatory compensation and has multiple functions such as punishment, deterrence, and prevention. At the same time, this article adopts historical and comparative analysis methods to trace and compare the changes in punitive damages between the civil law system and the European and American legal systems.In the context of the integration of legal systems, punitive damages for intellectual property in China are not only in accord with international trends but also closely related to reality, solving intellectual property problems and contributing to the protection of intellectual property in China.Compared with the compensatory compensation for the victim and the former, the punitive compensation of intellectual property rights isfuture-oriented and focuses on the tortfeasor and others. It emphasize the negativelegal evaluation of the deliberate subject and serious circumstances of the tortfeasor. When calculating specifically, punitive damages for intellectual property rights can be used in conjunction with criminal fines and administrative fines, with independence and priority, and hold the balance of punishment and restriction based on compensatory compensation for more than double and less than fivefold.
    Compared with previous articles, the innovations of this article lie in the following aspects.Firstly, it traces the origin, and clarifies the particularity of punitive damages for intellectual property rights, as well as their independence and priority under multiple legal responsibilities. It is believed that when punitive damages for intellectual property rights overlap with criminal fines and administrative fines, they can be applied independently and preferentially. The specific calculation basis for punitive damages for intellectual property rights is compensatory compensation, which includes statutory compensation but cannot exceed a limit of five times.
    This article not only elaborates on the connotation of punitive damages for intellectual property rights, but also clarifies its specific calculation rules based on the concept, further deepening the theoretical understanding of punitive damages for intellectual property rights. More importantly, it helps to solve multiple legal responsibilities, calculation standards, compensation limits and other issues in judicial practice, which has certain theoretical, practical and social significance.
  • XU Guorong, YANG Xiaolan
    Jinan Journal. 2024, 46(3): 34-49. https://doi.org/10.11778/j.jnxb.20231113
    Bai Juyi's Zhongyin thought has always been an important topic in the study of literary history. There are different opinions on the formation of Bai Juyi's Zhongyin thought, but they have ignored that Bai Juyi's premature aging and illness was also an important factor. In recent years, “body” has gradually become a popular perspective in literary research, and literary research related to “body writing” has emerged endlessly. Under this background, this article, from the perspective of the body, explores the body writing in Bai Juyi's poems, and explores the connection between weakness and the formation of Bai Juyi's Zhongyin thought.
    This article is based on Zhu Jincheng's Collected Notes of Bai Juyi (1988 edition of Shanghai Ancient Books Publishing House), uses the method of close text reading to sort out Bai Juyi's poems, and arranges related poems chronologically. Additionally, it uses the method of combining literature and history to analyze Bai Juyi's poems. Because of his frailty, he paid attention to himself, worried about his short life, and adopted a lazy attitude towards life. This is an important clue to the formation of Bai Juyi's Zhongyin thought. Bai Juyi's attention to the body is very prominent among his predecessors, and there are a lot of writings about the body in his poems. The writing of “languor” is an important part of Bai Juyi's body writing. There are about 120 poems including chants of “languor” and “lazy”, mainly concentrated in the Luoyang period in his later years. Under the influence of the Zhongyin thought, Bai Juyi's body concept has undergone significant changes. He no longer worried about birth, old age, illness and death, but smiled at life with an optimistic attitude. This is another feedback from the Zhongyin thought to the body.
    Compared with previous research, this article mainly has two innovations. First, it explores the connection between Bai Juyi's premature aging and sickly physical condition and the formation of Zhongyin thought. Bai Juyi's own physical condition was taken into consideration, and it was demonstrated that physical illnesses and weakness were the direct causes of Bai Juyi's Zhongyin thought. Secondly, this article conducts research on Bai Juyi's body writing. By analyzing the understanding of the relationship between body and mind in Bai Juyi's poems and the body writing of “old” and “sick”, “languor” and “lazy”, it then reveals the close interactive relationship between body and mind presented by Bai Juyi's Zhongyin thought.
    This article, from the perspective of the body, explores the reasons for the formation of Bai Juyi's Zhongyin thought. It explains to a certain extent the impact of the interactive relationship between body and mind on Bai Juyi's Zhongyin thought, which is helpful for a reasonable and comprehensive understanding of Bai Juyi's Zhongyin thought, deepening the study of Bai Juyi.
  • 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.
  • 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.
  • 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 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 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.
  • ZHUANG Chusheng
    Jinan Journal. 2023, 45(12): 15-26. https://doi.org/10.11778/j.jnxb.20230757
    In the 1870s, Presbyterian Church in the United States of America (PCUSA) came to Lianzhou in northern Guangdong to preach. From 1904 to 1905, medical missionary Eleanor Chestnut from PCUSA translated and published the Sanjiang colloquial version of the Gospel Book in Chinese characters. Few scholars have paid attention to this document before, and there have been no relevant research findings so far. Therefore, this article tries to combine the historical facts of PCUSA's early missionary work in Lianzhou and the life story of the translator, Dr. Eleanor Chestnut. It takes the Sanjiang colloquial Gospel Book as an example to briefly introduce the wording and linguistic features of Liannan Hakka in the late Qing Dynasty, and it will give an objective review of its academic application value to facilitate a better use of this precious dialect document among the academic circle and the interested public.
    The predecessor of PCUSA was American Presbyterian. The pioneer of American Presbyterian, A. P. Happer, came to Guangzhou to preach and settled down in Guangzhou from Macao in 1847. In 1854, another missionary, C. F. Preston, arrived in Guangzhou. Missionaries preaching in southern China after 1861 were basically affiliated to the PCUSA. In 1872, H. V. Noyes came to Lianzhou from Guangzhou, marking the beginning of PCUSA's missionary activities in Lianzhou, northern Guangdong.
    Sanjiang is located more than ten kilometers southwest of Lianzhou. Today, it belongs to Sanjiang Town, the county seat of Liannan Yao Autonomous County. This was once a vital missionary site for the Lianzhou branch of PCUSA. In 1894, PCUSA sent an additional medical missionary, Eleanor Chestnut, to Sanjiang, Lianzhou, to take charge of the women's medical ministry. She should have started learning the Sanjiang colloquial that year. Later, she published the “Sanjiang colloquial” version of the Gospel Book in Chinese characters by the American Bible Society in Shanghai. Among them, Gospel of Matthew was published in 1904, and Gospel of Mark, Gospel of Luke, Gospel of John were published in 1905.
    This article finds that the Sanjiang colloquial Gospel Book has four wording features: 1) Many characters with the component “口” were created to record monosyllabic words in spoken language; 2) Words with similar pronunciation were added with a small circle to indicate that the word is pronounced with different tones; 3) Some words used in the documents written in colloquial Cantonese were borrowed; 4) Some common words often used in Hakka area were adopted.
    The Sanjiang colloquial Gospel Book is recorded only in Chinese characters and not in Roman characters, but it records some characteristic words of the Liannan Hakka dialect in the late Qing Dynasty. This document also reflects the grammatical characteristics of the Liannan Hakka dialect. For example: 1) Aspect marker “嚟” were used; 2) The Hakka GIVE “捹” (the original character is “分”) can carry two objects, and the direct object in the front refers to the object, while the indirect object in the back refers to the person who receives the object, which should be related to the influence of Cantonese; 3) The possible negative forms of “唔” and “得” were used, such as “唔V得”, “唔得V”, “唔V得倒”, “唔V得O”, “V唔得倒”, “V唔得O倒”, etc., which might be related to the influence of Cantonese; 4) There are two types of Comparative sentences: One type is “X+比+Y+更+A”, in which the two comparison markers “比” and “更” must appear at the same time; the other is “X+A+过+Y”.
    The Sanjiang colloquial Gospel Book, with significant application value, retains the basic vocabulary and grammar of Liannan Hakka dialect in the late Qing Dynasty. Based on the previous work, it is necessary to continue sorting out and excavating this precious document and further fieldwork on Liannan Hakka dialect. It is expected to accurately grasp the development and evolution patterns of Liannan Hakka dialect over more than 100 years through comprehensive and in-depth comparative research.
  • 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.
  • 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.
  • 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.
  • SUN Daocui
    Jinan Journal. 2024, 46(2): 126-148. https://doi.org/10.11778/j.jnxb.20221937
    The risk society and the cyber age have shown an embedded and integrated development trend, and the social form of cyberspace has also changed the way of existence of the real physical society. Against this background, criminal law is faced with the major problem of managing cybercrime. However, with the deep evolution of cybercrime in theory and practice, existing literature lacks the micro-deconstruction and macro-construction of the theory and system of network criminal law.
    This paper takes the development of network criminal law as a starting point, and carries out paradigm research, theoretical tracing, value interpretation and path optimization for network criminal law. After the conventional criminal law system encountered cybercrime forms, it was often tired of responding to cybercrime forms, and preventive legislation with legitimacy thus appeared, launching the transformation of criminal law driven by cybercrime.The criminal law legislation in the cyber era remains active, but compared with conventional criminal law, the theoretical foundation of networkcriminal law is still unstable. The evolution ofnetwork criminal law is the gradual manifestation of the reality under the joint action of the development of cyber society and the outbreak of cybercrime; and the social thinking of cyberspace which emphasizes the “difference” with the conventional criminal law is the cornerstone of network criminal law, which gives rise to rich criminal law significance. The network criminal law theory should be composed of new categories such as the relative priority of the value of cyber security based on effective guarantee of network freedom, the dominance of network security as legal interests and the transformation of the task of criminal law, and the inherent awakening and prudent application of preventive criminal law.The migration of criminal law knowledge is gradual, and cybercrime, cyber-accusation and cyber-sanctions can be used as a reference “motherboard” for the generation of basic knowledge categories of network criminal law, and a network criminal code can be created in the future on the basis of the abandonment of the conventional criminal code, so as to achieve the creative and legislative solidification of the knowledge structure in a gradual manner.
    Compared with previous papers, this paper generates knowledge increment in the following aspects. Firstly, unlikeresearch of cybercrime andnetwork criminal law based on conventional criminal law, this paper combines the concepts of order value, legal benefit and criminal law to explain the ontology of network criminal law, tracing back the roots of the past, actively looking forward to the future, and constructing a programme based on the present situation. Secondly, the theories in this paper are both practice-oriented and originated from practice. Starting from examining the current status of legislation both inside and outside the region, this paper analyzes the law, foundation, attributes, value and significance of network criminal law, and it is proposed that the thinking of cyber social space is the premise and foundation for the improvement of legislation and theoretical system of network criminal law, which solves the problem, activates the application of the existing provisions, and dissolves the tensions in the era.
    This paper takes into account the research paradigm at bothmacro and micro levels, which strengthens the weaknesses of existing research on network criminal law, and helps the future criminal law to conform to the in-depth development of the cyber era. It also provides sources for the construction of cyber-related crime system and interpretation of individual crimes, and strongly promotes the theoretical transformation, the improvement of legislation and theoptimizationof practice of the criminal law in the cyber era.
  • YANG Dake
    Jinan Journal. 2023, 45(11): 61-72. https://doi.org/10.11778/j.jnxb.20230609
    There is a consensus that the Chinese supervisory board system is not functioning well, and several scholars have put forward suggestions for the improvement from various perspectives. However, what has been neglected by the academic community is that the biggest obstacle to the qualified performance of the supervisory board is a serious lack of mechanisms to guarantee the performance of its duties, especially the protection of the organic law.
    While the current provisions of the Chinese corporate law on the Supervisory Board may seem flawless, with regulations upon the various powers and functions of the Board, there are several key points that have not been paid attention to and truly implemented. For example, the Supervisory Board's right to information, the Supervisory Board's right to appoint and dismiss personnel, the right to decide on remuneration, the right to arrange work, and the right to consent to the reservation of specific operations are all prerequisites for the Supervisory Board to exercise qualified supervision over the management behavior of the Board of Directors (and executives). Only after being given the power to perform its duties at the level of the organic law in addition to its statutory powers, the supervisory board can gain a superior independence from the board of directors and the company's executives, or have the authority to exercise strong supervision, so that it can truly become the superior body to the board of directors.
    The serious corporate crisis that broke out in the 1990s made German academics and practitioners believe that the passive behavior of the supervisory board could no longer meet the high requirements of modern corporate governance, and this led to a continuous and detailed study by corporate law scholars on the improvement of the legal system of the supervisory board, the results of which were of great significance in guiding the relevant legislation and effectively promoting the innovation of the legal system of the supervisory board. Thanks to the joint efforts of scholars and legislators, Germany has adopted a series of legal regulations, which provide a solid organizational guarantee for the efficient supervision of the supervisory board over the whole process of company management, including the composition of the supervisory board and the conditions for supervisory positions, the internal rules of the supervisory board and the establishment of special committees, as well as multiple safeguards for the performance of duties. In other words, the German corporate law provides for the organizational safeguards for the performance of the duties of the supervisory board from the creation of special duty-bearers (such as the chairman of the supervisory board and various special committees) and the improvement of internal procedural rules. In order to cope with the rapidly changing corporate practice, the German legislator has also left a great deal of room for autonomy in the form of “complementary” and “differential” provisions for companies. The supervisory board's autonomy to set up various special committees helps it to perform its duties more efficiently. The supervisory board, including the committees and the chairman of the supervisory board, is entitled to perform legal acts in the name of the company that are necessary for the competent performance of its duties.
  • FENG Shuai
    Jinan Journal. 2023, 45(12): 27-41. https://doi.org/10.11778/j.jnxb.20221180
    The 21st century is the century of the sea, the shift from “back to the sea” to “facing the sea” has become a major trend in the development of the world. However, in recent years, the effect of marine ecological environment governance has formed a great contrast with the expectations of the theoretical realm and the international community—marine ecological environmental problems have not been effectively contained but further aggravated. China is a major ocean country, whose deep participation in marine ecological environment governance reflects the international obligations of a responsible power. However, for the moment, the intensity and manner of China's participation are still seriously insufficient. Therefore, how to clarify the challenges that China faces from the perspectives of the logic of rules and governance structure, and then put forward reasonable suggestions and countermeasures to obtain more institutional rights, making it from “ocean country” to “maritime power”, is urgent to explore and study.
    Using interdisciplinary research method, literature research method, comparative research method, and empirical research method, this paper draws the following conclusion: there are two models of regional governance and global governance for marine ecological environment governance. The distribution of 18 “regional seas” established the regional governance mode, which broke through the dimension of state governance and had played an important role for nearly half a century. However, in the era of globalization, countries are highly dependent and permeable, while the marine ecological environment problems are increasingly showing comprehensiveness and complexity. Therefore, to seek the global governance mode under the holism has become the key to solving this dilemma. Theoretically, it traces back to the theories of Global Co-governance, “New Regionalism”, and Global Civil Society, turning the “block” governance to the “system” governance. In the process of transformation, the basic logic is that global interests are superior to regional interests. The internal structure shifts from “core-periphery” to “de-centralization”. The legal support is the construction of rules under multilateralism. The cooperative order shifts from one-way instruction to two-way interaction. As an active participant to the global governance, China will, on one hand, promote the establishment of “a community of shared future for marine ecological environment” through the “global-regional-national-local” governance system, exploring the regional and national interests with the care of global interests. On the other hand, China will optimize the structure and ability of marine ecological environment governance, perfect the existing legal system, and achieve the integration of national governance and global governance.
    This paper contributes to the existing literature in two aspects: First, the teleological interpretation and systematic explanation of the relevant legal theories, political theories and economic theories can deepen the cognitive research on marine ecological environment governance, and the comparative analysis can deepen the issue of China's role. Second, this paper advocates that the concept of “maritime community with a shared future” should be the fundamental principle of global marine ecological environment governance, and the norm of “common but differentiated responsibilities” is the basic principle.
    To a certain extent, this paper broadens the approach to interpreting relevant theories of global marine ecological environment governance, and integrates the concept of “maritime community with a shared future” into it, which is conducive to promoting the realization of “a community of shared future for marine ecological environment”. At the same time, this paper can help improve the international status of developing countries to establish a “relatively equal” paradigm of international discourse power, providing a theoretical analysis and intellectual support for China's deep participation in the global marine ecological environment governance.
  • 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.
  • YANG Yinan, WEI Song
    Jinan Journal. 2024, 46(1): 112-127. https://doi.org/10.11778/j.jnxb.20230008
    In the report to the 20th National Congress of the Communist Party of China, it was pointed out that the great achievements of the new era are achieved through the joint efforts of the Party and the people. Struggle is the foundation of personal development, the prerequisite for achieving the expected social status, and the driving force for economic and social development. It is also a strong driving force for national development and social civilization progress. However, whether an individual's efforts can achieve the expected goals, in addition to personal factors, will be influenced by family factors, society and systems. In reality, facing social structure limitations and external survival pressures, there is a “lying flat” lifestyle that many young people tend to retreat, not compete, and not seize opportunities. Is personal “hard work” still useful? Whether we can achieve higher social status through “hard work”? Answering this question well has very important practical value.
    This paper examines the contribution of personal effort, an individual self-induced factor, to the acquisition of social status and its realization path. The estimation results of the path model based on the China Labor Force Dynamic Survey (CLDS) data show that individual efforts have a significantly positive impact on the acquisition of social status, including direct promotion effect, and also mediating channels such as going to college, joining the Party, starting a business, and working in institutions within the system, which reflects that China's social structure has a mobility mechanism or channel for the upward mobility. The robustness test is carried out by using instrumental variables, replacing explanatory variables, and adding more control variables, and the above results are supported. The empirical results also show that the role of “hard work” is still less than the social status of the parents, but the marginal return of “hard work” is higher. Further dividing the sample into four generations, namely, before 60, after 60, after 70, and after 80, the changes in inter group coefficients and the significance test results of their differences show that the role of “hard work” is rising, while the role of parental social status is weakening, reflecting the trend of rising intergenerational mobility in China; and efforts have a greater impact on families at the bottom of society.
    In short, individual efforts have significantly improved social status and promoted social mobility, but from a macro perspective, the political, economic, and cultural systems that play a leading role are also influencing the degree and direction of social mobility. Although the role of family factors behind individuals in social mobility and class crossing is decreasing, they are still relatively strong. How to eradicate or weaken the institutional factors that lead to social solidification still requires a long-term process. Therefore, China still needs to accelerate the reform of the social system, completely eliminate the institutional obstacles that restrict social mobility and social equity, establish and improve market rules for fair competition, provide equal development opportunities for all sectors of society, ensure that the general public can improve their social status through efforts, thereby stimulating the people's spirit of struggle and providing strong spiritual driving power for economic growth and social development.
  • LI Jian, LIU Shijie, CHEN Chuanming
    Jinan Journal. 2024, 46(1): 145-164. https://doi.org/10.11778/j.jnxb.20230791
    Family businesses are crucial for the implementation of national innovation-driven strategies. After 40 years of reform and opening up, Chinese family businesses have entered a period of intergenerational succession. According to PwC's 2018 Global Family Business Survey China Report, 77% of leaders in family businesses in themainland of China identified innovation as their main challenge. Academic research has shown that the innovation level of Chinese family businesses has significantly decreased in transgenerational succession. Therefore, exploring the issue of reduced innovation investment in family businesses during transgenerational successionhas important theoretical and practical significance for national innovation-driven development strategies andfamily businesses that are facing the challenges of intergenerational succession.
    The test results of statistical analysis on survey data of family businessesin industrial clusters indicate that family businesses in the transgenerational succession are dominated by maintaining family control as an internal strategic reference point, thereby suppressing their innovation activities. With the increase of social capital in the industrial cluster, the strategic reference points of family businesses in transgenerational succession will shift from internal to external, with stronger external guidance, thus alleviating the inhibition of innovation in transgenerational succession. Expanding research shows that social capital in the industrial cluster promotes innovative behavior by enhancing family businesses'risk-takingduring transgenerational succession. The above conclusions are supported whether innovation investment or new product innovation is used as a reflection of family business innovation behavior.
    This paper expandsprevious literaturein the following three aspects.Firstly, using the collective knowledge structure of family businesses' decision-making teams as the internal explanatory mechanism, it provides a theoretical explanation that the strategic reference points of Chinese family businesses during the transgenerational succession can undergo “internal to external” shift under the influence of social capital, enriching the research results of shifts in the strategic reference points of family businesses. Secondly, from the perspectives of strategic reference point theory and social capital theory, thispaper deepensthe understanding of the innovative behavior and mechanism of family businesses and expandsresearch on innovation in family businesses in transgenerational succession. Thirdly, existing research only focuses on social capital at the individual level and does not involve social capital at the organizational level. In the context of China, industrial clusters provide a new research perspective.
    The paper reveals the important role of social capital in the industrial cluster in the strategic reference point shifts of family businesses during the transgenerational succession. On one hand, it guides and encouragesfamily businesses to increase innovation investment intransgenerational succession, ultimately achieving “built-to-last”; on the other hand, it helps the government to play a macro regulatory role and promote the development of industrial clusters towards higher formats.
  • 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.
  • YAN Qingyu
    Jinan Journal. 2024, 46(1): 32-46. https://doi.org/10.11778/j.jnxb.20231129
    The relationship between emotion and leaning was a major topic in the poetic circle during Mid-Qing Dynasty (Qian-Jia period), which has been discussed extensively. With an approach combining philology and poetics, this article takes the compilation and publication of Huang Jingren'speotry as a case study, to investigate the interpersonal contacts and poetic interaction of Mid-Qing poetic circle.
    HuicunShichao (悔存诗钞) edited by Weng Fanggang is the first collection of Huang Jingren's poetry. Weng's purpose was to unfold Huang's innate character through strictly selecting Jingren's poetry, and his editing standard was to exclude sentimental and complaining poems. Wang's editing was a poetic practice reflecting his opinion about scholarly poetry and a specific example of the interaction between scholarly poetry and poetical poetry. The criticism of Hong Liangji and the differences in selecting poetry by Bi Yuan and Wang Chang reflected the disputes among different principles in Mid-Qing poetic circle and the divergences of WengFanggang, BiYuan, WangChang and others in terms of poetic concepts such as learning and emotion. Therefore, the issue of editing and publishing exhibited the dialogue and confrontation among different poetic principles in the Mid-Qing poetic circle.
    Weng Fanggang's editing is a typical case of poetic debate about emotion and learning during Mid-Qing period. This article focuses on investigating the process of compilation and publication, and the related interpersonal contacts, and specially analyzing the reasons for deleting poems, to demonstrate the disagreements and disputes of mainstream poetics. The main contribution of this article in research of Qing poetics is to establish a research path from textual criticism to poetics, combining critical study of poetry collection with discussion of poetic concepts, and exploring macroscopic mainstream poetics from the perspective of specific literary events.
  • 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.
  • 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.
  • 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.
  • 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.
  • ZHANG Jiahua
    Jinan Journal. 2023, 45(12): 68-80. https://doi.org/10.11778/j.jnxb.20231115
    In the digital age, the economic value and security value of data are becoming more and more prominent, and the traditional society of real transactions between people has gradually evolved into a network society centered on the information and data of the Internet. While the dynamic flow of Data realizes its value, the security risks in each link also increase exponentially. Although China's Data Security Law clearly stipulates that data processing includes data collection, storage, use, processing, transmission, provision, disclosure and other links, the Criminal Law mostly focuses on the acquisition and provision of data, and still lacks strong regulations on other mobile links such as collection, storage, use, transmission, and disclosure. At the same time, although China's criminal legislation continues to regulate by expanding charges, it remains to be seen whether this “fragmented” protection can respond to the country's requirements for data rights protection. Therefore, it is urgent to research and construct a criminal governance system to protect data security. While fully leveraging the value attributes of the existing legal system, the targeted legislation should be made to reshape the blank areas of criminal law regulation, in order to efficiently, normatively, and comprehensively address the risks and hidden dangers of dynamic data flow in the digital age. However, existing literature has limited research on this issue.
    This paper focuses on the problems in the dynamic flow of data and explores the criminal governance path throughout the entire process of data dynamic flow. Based on the determination of legal interests in data crimes, this study aims to reshape the criminal governance system of data dynamic flow in response to the logic of data dynamic flow risks. The repeated exchange and aggregation of “raw data” into valuable “Big Data” has led to deficiencies in the existing criminal legal system in terms of conceptual boundaries, behavioral regulation, object scope, and legal interest protection due to the novelty, complexity, and variability of data. The protection of data in the Criminal Law is not based on the code logic behind the data, but on the specific legal interests of the data. The legal interests infringed upon by data crimes are easily overlapped or confused with those infringed upon by crimes, such as infringing on personal information of citizens, infringing on trade secrets, and virtual property. The data itself as a carrier is significantly different from the information content it reflects. The guarantee of data integrity, confidentiality, and availability, which is included in data security, has become a legal interest in data crime protection. The unique non consumption, diversity, magnanimity, and value of data form exclusive legal interests independent of traditional criminal offenses.
    Regarding the improvement path of the criminal governance system for dynamic data flow in the digital age, this article suggests adding the crime of “infringing on data security”, which fully covers the entire lifecycle of data from generation to destruction, to cover the entire process of dynamic flow. For example, the illegal collection, processing, transmission, use, and destruction of Data are considered as constituent elements of the crime of “infringing on Data security”, in order to maximize the protection of data security interests, Simultaneously constructing a dual protection system for public and private interests in the dynamic flow of data, clarifying the circumstances of data crimes to balance data innovation, and strengthening criminal governance for cross-border data flow.