15 July 2019, Volume 41 Issue 7

    

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  The Enlightenment was not and cannot be Overtook by National Salvation Movement: Rethinking on the Enlightenment and Salvation in the May Fourth New Cultural Movement

  GAO Xudong, LI Yi

  Jinan Journal. 2019, 41(7): 1-7.

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  Prof. Li Zehou made a famous claim in the 1980s that the national salvation overtook the historical trend of enlightenment after the May Fourth Movement in China, and Chinese intellectuals lost their enlightenment spirit in the trends of national-state ideology. This binary opposition framework narrows the meaning of the enlightenment because it does not only refer to liberalism and individualism, and the salvation does not only refer to building national-state either. The main meaning of enlightenment and its complexity can only be revealed through tracing back to the history event itself. The enlightenment and the salvation were not incompatible before the May Fourth Movement, and consequences of the enlightenment were highly complicated-sometimes the anti-enlightenment even took efforts via wearing a mask of enlightenment, but the enlightenment was not and cannot be overtook by the national salvation movement.
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  From “I” to “We”: Profound Reflections upon the “May Fourth Literature” Turning to “Revolutionary Literature”

  SONG Jianhua

  Jinan Journal. 2019, 41(7): 8-15.

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  Taking “individual emancipation” as its slogan and taking “ego” and “freedom” as its purpose, the “May Fourth Literature” propagandized its enlightened values of westernization and formed a cultural trend of thought against the traditional culture. However, the enlightenment did not make the new youth gain their ego and freedom. On the contrary, it made them encounter a huge dilemma of real existence. Therefore, the ideological tendency of new literature writers began to turn left obviously. Because they have been soberly aware that the “self” can never exist independently of society. The narrative protagonist, with this perspective, changed from “I” to “We”, which is an inevitable choice in line with the law of historical development.
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  State Construction, State Building and the Administrative State

  REN Jiantao

  Jinan Journal. 2019, 41(7): 16-29.

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  The issue of administrative state is generally discussed in the field of state building. Only by examining the administrative state from the two perspectives of state construction and state building can we fully understand the relevant aspects of the administrative state. State construction needs to establish the task for an administrative state, and state building needs to improve the administrative efficiency. Both are determined by the dual requirements of a sound structure and functional optimization of the modern state. These requirements are not alienated, but are closely linked. For today's China, different voices from Dwight Waldo and Herbert Simon actually have the same significance. The construction and building of China's administrative state need both of structural perfection and functional optimization, so that China can become a modern administrative state or a modern state.
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  Government Structure and the Relationship between the Party and Government

  ZHU Qianwei

  Jinan Journal. 2019, 41(7): 30-36.

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  The Party-led government is a major feature of China's government system. The Chinese government is a structure of “two bodies with one principle”. The reform of the unity of the Party and government functions and the separation of party and government functions has not changed this basic structural model. The new structures in this round of institutional reform, be they embedded, alternative and integrated, are actually the new development of the basic structure. The reform of the relationship between the Party and the government related to the government structure should not only start from the perspective of the functions of the party and the government, but more importantly from the perspective of the power allocation of the Party and the government, that is, the Party exercises leadership and the government exercises governance.
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  The Construction of China's Administrative State under the Party-State System

  YAN Changwu

  Jinan Journal. 2019, 41(7): 37-45.

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  The Party-state system has been formed and developed during China's long-term revolution, construction and reform practice, and it has played a presupposed role in China's administrative state construction. As the most important political force, the Communist Party of China has always been in the core leadership position in the construction of China's modern state, and it is deeply embedded in the modern state governance system, forming a “two-in-one” relationship within the state power system. The construction of China's administrative state under the Party-state system takes the Party's leadership as the prerequisite, the institutionalization of public power as the basic path, and the rationalization of bureaucratic system as the carrier. This construction not only fully demonstrates the political accountability and the political wisdom of a mission-oriented political party, but also shows the bureaucratic characteristics and professional advantages of the rational bureaucracy.
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  On the Legislation of Spiritual Damage by Breaching Contract —Focus on the Parts of Civil Code Art. 779

  LIU Jingwei

  Jinan Journal. 2019, 41(7): 57-65.

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  The Parts of Civil Code Art. 779 assume an ambiguous attitude and improper restriction to the spiritual damage by breaching contract, which should be set properly in liability for breaching contract under the Part of Contract, so that spiritual damage by breaching contract will fit into liability for breaching contract system. Compensation of spiritual damage by breaching contract should not be confined to the personal right damage by breaching contract and should expand to contract with spiritual interests and damaged family relationships by breaching contract.
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  How Can Right be a Method?

  XIONG Jingbo

  Jinan Journal. 2019, 41(7): 66-75.

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  Hohfeld's theory of rights is unique. It can serve as a signpost for legal thinking, guiding legal people to understand legal relationships more accurately in conjunction with current laws. From the perspective of ontology, it is valid to use it as a method. If rights are positioned as norms, Hohfeld's theory of rights can be justified. The eight concepts of Hohfeld belong to the same family, and members of these families come from norms. Through the four basic forms of norms, i.e. command, prohibition, license, and non-command, we can infer eight basic concepts, i.e. “claim”, “duty”, “no-rights”, “privileges”, “powers”, “liability”, “disability”, and “immunity”.
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  Legal Regulation of the Governmental Funds under the “Budget Law”

  YUE Hongju

  Jinan Journal. 2019, 41(7): 76-84.

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  The different drawing ways of public finance induce different degrees of legal regulation and the ways of regulation. Based on the different intensities of the infringement of private property rights, the basic public goods should insist on democracy and legitimacy through the principle of taxation legalism and legal restraint, but the specific public goods is required by the cost compensation principle for the realization of the financial fairness. As a Chinese characteristic tool for the finance practice, the governmental funds possess some basic properties, such as specific objects, expense, legal correlation, policy-type and complementary, which should be based upon the legislative system rather than upon examination and approval system and should be included as special funds in the governmental funds budget. When the 9th term of the “Budget Law” restrains the management of the governmental funds budget, it has contained the establishment of capital projects, with the regulatory functions to the governmental funds. The scope of government funds should adopt the expanding explanations, and the special funds with their basic attributes should be set up in legislation, incorporated into the budget management of government funds to realize the integration of funds collection, support and management. In doing so, the public property regulation system featured with a link between legislative establishment and administrative examination and approval will be formed.
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  The Local Identity and Regional Politics: An Observation of Cantonese Army's War to Aid Fujian during the Constitution Protection Movement

  CHEN Mo

  Jinan Journal. 2019, 41(7): 97-106.

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  As a unique political culture in the modern China, the local identity did not only play a significant role in the history at the macro level, but also had great influence on the politics of some regions in a specific period. Cantonese Army's War to Aid Fujian during the Constitutional Protection Movement was a typical instance. In the Cantonese opposition to Guangxi clique, Sun Yat-sen and Chen Jiongming succeeded in controlling the safeguards of the former Cantonese governor, Zhu Qinglan, and then reorganized them into a new army-the Cantonese Army in 1917. Cantonese Army entered Huizhou, Chaozhou, Meizhou in 1918, and had a hard time due to a financial crisis. Funded by local people of those places, Cantonese Army was kept from collapsing. Cantonese Army activated Fujian people to fight against the northern clique while attacking those troops in the South Fujian. Stimulated by the slogan of Fujian governed by Fujian People, Fujian militia helped the Cantonese Army win the War to Aid Fujian. The local identity, along with other factors, dictated the future of the regional politics of Guangdong and Fujian in that period.
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  The Result of Interaction between Human and Nature: The Prosperity and Decline of Hutian Reclamation in Dongting Lake District from the Qing Dynasty to the Republic of China

  LIU Zhigang

  Jinan Journal. 2019, 41(7): 107-118.

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  From the Qing dynasty to the Republic of China, the intermittent flood disaster, huge and fertile mud were all the basic conditions for the prosperity and decline of Hutian reclamation in the Dongting lake area. The landlord, the poor and the government had different social images in the Hutian reclamation. The landlord was the promoter and beneficiary of the cofferdam, who had strong ability to avoid disasters. The poor were the implementers of the cofferdam for the sake of their livelihood, but they were exploited and became victims. The government was dereliction of duty due to a lack of long-term planning and greed of officials at all levels. These participants, for the purpose of avoiding loss, affected the scale and speed of the Hutian reclamation, which were the root cause of the social disorder and ecological deterioration in this region. This phenomenon provides an inspiration for today's social and economic construction and disaster prevention. We must construct a set of social and ecological governance systems with equal interests, while conforming to the laws of nature.
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  The Significance of American Sinology to the Comparative Literature: Taking Studies on Wen Xin Diao Lung in America as an Example

  FENG Siwo

  Jinan Journal. 2019, 41(7): 119-132.

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  Since the middle of the 20^th century, Americans began to use parallel study which gradually got rid of the research that is constrained by the factual influence relationship. However, until the 1990s, most people still adhered to the European literary tradition and feared to step further. In the American Sinology, The study of Wen Xin Diao Lung by Gordon, Whitaker, William and Peter not only took the lead in the practice of cross-cultural and interdisciplinary comparative studies on China and the West, but also explored the issue of comparability. More importantly, the study has formed some stylized things in the field of horizont, platforms, basic ideas and so on, which further supplemented, enriched and perfected the American comparative literature, making it truly a cross-cultural, interdisciplinary study that broke the barrier of irrational cultural nationalism.