15 February 2020, Volume 42 Issue 2

    

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  Marx on the Hypocrisy of the Capitalist in the Colonies—A Study Centered on The Future Results of the British Rule in India

  HUANG Ding

  Jinan Journal. 2020, 42(2): 1-8.

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  This paper starts with the opposite faces which Karl Marx described the capitalist in their homeland and colonies in The Future Results of the British Rule in India as the entry point, takes a comprehensive review of Marx's criticism on the hypocrisy of the capitalist, and points out the difference between this criticism and the moral criticism before the establishment of historical materialism. Specifically, Marx presents the content of the hypocrisy of capitalism civilization in colonies and compares the difference between this criticism with moral criticism, reveals the reason why capitalism civilization appear hypocrisy in the colonies and points out the solution to contradiction between suzerainty and colony. On this basis, my article outlines the influence of Marx and Engels' theory of the relationship between capitalism and colonies on national liberation movement in the world and enlightenment on the contemporary era of the increasing trade friction and the prevailing of unilateralism.
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  Xi Jinping's Inheritance from and Development of Marx's Thought of People's Press

  LIN Aijun, ZHANG Jiong

  Jinan Journal. 2020, 42(2): 9-17.

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  Marx's thought of people's press is not rigid but is always keeping pace with the time. From being impulsive to experienced, from the struggling war to the guidance of public opinions, from being radical to positive publicity, from being poetic to real discourse, Marx's thought of people's press has been emphasizing the organic properties of the press as well as the relationship of people's press and people's spirit. Having inherited and developed Marx's thought of people's press, Xi Jinping's thoughts on news publicity emphasize the principle of “running newspaper by politicians”, the unity of the Party spirit and people character, the unification of the positive publicity, and the supervision by public opinions, the people's interests as the highest value. The press must follow the inherent laws of itself.
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  Fictional Death: Towards Zhang Ling's Narrative Turn and Text Strategy in Recent Years

  ZHANG Juan

  Jinan Journal. 2020, 42(2): 18-26.

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  Canadian Chinese writer Zhang Ling is one of the outstanding overseas Chinese writers. In recent years, there are a large number of images of “death” and different ways of fictional death in Zhang Ling's novels. Through different forms of “death” writing, such as soul, suicide, and despair. Fictional death has therefore become a means of creating “abnormal state” of life, and also a source of drama and sense of destiny in her novels. Zhang Ling's death narrative in recent years reflects her brand-new narrative consciousness. Through the integration of narrative perspective, material transformation and inter-generational configuration, she embodies the unique story core. The new narrative change of “fictional death” can see Zhang Ling's transformation and efforts in her literal creation techniques. This transformation has a symbolic significance in her personal writing process. The transformation of “death narrative” is closely related to her personal experience and reading experience. At the same time, with the help of death narrative, she deeply explores the human nature and philosophical exploration, and deeply thinks about the artistic noumenon and thinking of overseas Chinese literary creation. It is of great significance to push forward in depth.
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  Xiaoyao and Politics: Guo Xiang's Metaphysics and the Aesthetic Taste of the Jin Dynasty

  ZHU Haikun

  Jinan Journal. 2020, 42(2): 27-38.

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  The theory on human nature is an important constituent and the basic premise of the theoretical construction of Guo Xiang's metaphysics. He reset and deepened the basic connotation of human nature, bringing into it benevolence and rightness and potential, and distinguishing nature and emotion in order to deny acolasia. He accordingly rewrote Zhuangzi's view of xiaoyao, advocating a moderate xiaoyao. His theory of human nature fully embodied his reflection and critique of the fashion of his times, inspiring energetic and enterprising life. Guo Xiang's idea of a moderate xiaoyao gained its practical position in the Eastern Jin Dynasty. The noble-family politics, which was consistent with Guo Xiang's political ideas, promoted the change of mentality on the part of the gentry so as to guarantee the practice of Guo Xiang's metaphysics at both political and life dimensions. Guo Xiang's metaphysics laid an ideological foundation for the formation of aesthetic taste in the Eastern Jin Dynasty.
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  On Civil Liability of Infringing Personal Information

  CHENG Xiao

  Jinan Journal. 2020, 42(2): 39-47.

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  In the future, China Civil Code and Personal Information Protection Law should perfect the civil liability of infringing personal information. The concept of information controller should be used uniformly as the subject of civil liability for personal information. Non-Fault liability should be applied to the tort liability of infringing personal information. There are many types of acts against personal information. In proving whether the defendant committed the act of infliction of harm, highly probable standard of proof should be adopted. The judge should determine after combining the facts of the case and taking into account the relevant factors. The legal amount of compensation shall be applied when the loss caused to the victim by the infringement of personal information cannot be proved.
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  The Principle of Informed Consent or the Principle of Authorization with Trust: Also on the Credit Reconstruction in the Digital Age

  YAO Jia

  Jinan Journal. 2020, 42(2): 48-55.

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  The principle of informed consent is considered to be a consensus rule in both medical field and personal information protection field. It is made to achieve and improve the individual self-determination, but there is a contradiction and conflict between such self-determination and people's perception of risk and data utilization. In practice, the principle of informed consent is converted into authorization in the online platform users' agreements and judicial practices. In the digital social relationship, where strangers are more connected to acquaintances, individual's authorization is far from its original meaning. If only the principle of informed consent is regarded as a legal and technical rule, and regardless of the actual basis, institutional characteristics and risk allocation, it will not play its role. In fact, under the premise that no other alternative rules can be found, it is necessary to reinterpret and transform the relatine legal system, by complementing the basis and conditions and reconstructing a trust and credit domain, and thus to realize the original goal of the principle of informed consent and authorization.
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  Research on Perfection of Mandatory Disclosure Regulations of Platform Format Terms

  NING Hongli

  Jinan Journal. 2020, 42(2): 56-69.

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  In the platform economy environment, compulsory disclosure is still an important means for regulating format terms. China's current legislation and judicature treat the disclosure that meets the legal requirements with the counterpart's actual reading and understanding. In view of the limited effect of mandatory disclosure on the formation of substantive consensus, this approach does not correspond to the actual effect of mandatory disclosure. From practical level, the platform service agreement is lengthy, and the wording is professionally difficult to understand. The method of drawing attention is single and overused, resulting in underestimating the value of “significant information”. There is also a clear divergence in the academic community's understanding of the value of mandatory disclosure. This article believes that the operation mode and actual function of compulsory disclosure need to be re-evaluated. It should be kept in mind that the original intention of the compulsory disclosure system is to improve consumers' right to information, but not to provide a special “business shelter” for operators. The main functions of the current mandatory disclosure are mainly to encourage competitions and facilitate administrative supervision by government authorities. In order to promote the market competition and improve consumer welfare, it is necessary to improve disclosure methods, conduct fairness evaluations of format terms, create legislative regulations such as “black lists” and “gray lists” of format terms, and play the information intermediary function of market regulators. By so doing, the format terms of e-commerce platforms can be effectively regulated.
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  The ADR Mechanism of Insurance Contract Disputes in the Perspective of Comparative Law and China's Choice

  LOU Yu

  Jinan Journal. 2020, 42(2): 70-85.

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  In the field of comparative law, there are three kinds of insurance contract disputes litigation outside the settlement mechanism: An independent third-party settlement model represented by the United Kingdom, a settlement model relying on industry associations represented by Japan, France, and Germany, and a court litigation embedded model represented by the US. Each model is closely related to the country's political and judicial system, litigation culture, legal technology and traditions, and socio-economic development. It is necessary to draw lessons from the advanced experience of foreign developed countries on the basis of comprehensive consideration of China's judicial system, litigation culture and insurance industry development level: independent third party solution mode relies heavily on government power, which is not conducive to institutional simplification and administrative power and judicial power separation, court litigation embedded model of the higher cost is not conducive to the protection of insurance consumer rights. Therefore, it is China's future choice to leverage the advantages of the insurance industry associations in terms of capital and professional reserves, and establish an out-of-litigation settlement model that relies on industry associations but is independent of the industry associations.
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  On the High-Quality Development of Social Security for Floating Population from Perspective of Employee-Employer

  JIA Hongbo

  Jinan Journal. 2020, 42(2): 86-98.

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  Migration, especially the migration across the fund pooling level of social security, puts forward objective requirements and severe challenges for protecting social security rights and interests of floating population. Social security participation rate of floating population is low, transfer of social security for floating population is difficult, and the benefit of social security for floating population is low are the current situation for social security quality of floating population in China showed by the multi-stage sampling questionnaire survey data of 18 prefecture-level cities in 6 provinces (municipalities directly under the central government). The chicken game between floating population and employers provides one perspective for explaining the current situation for social security quality of floating population. The sub-game perfect Nash equilibrium indicates that the fair bargaining game between the floating population and the employers is helpful to protect the social security right of floating population and to realize the high-quality development of social security for floating population.
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  Does Social Medical Insurance Crowd out Commercial Medical Insurance? Evidence from Urban Residents Basic Medical Insurance

  ZHOU Jian

  Jinan Journal. 2020, 42(2): 99-109.

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  Utilizing the 2006, 2011 and 2015 data of the China Health and Nutrition Survey(CHNS), this paper uses DID model and Logit model to explore the crowding-out effect of urban residents basic medical insurance(URBMI) on commercial medical insurance(CMI). Our study takes the data from 2006 and 2011 as sample group 1, and data from 2006 and 2015 as sample group 2. Preliminary descriptive statistics finds that the probability of purchasing commercial medical insurance for the sample group 2 is slightly higher than that of the sample group 1. The empirical result shows that, after removing out the time effect, URBMI in sample group 1 shows a significant crowding out effect on CMI, while it shows a significant promoting effect on CMI in sample group 2. Therefore, URBMI crowds out CMI first and then promotes it. The results of the robustness test also support this conclusion, and the study predicts that the promotion effect will gradually increase as the income level increases. In addition, for other factors affecting the purchase demand of CMI, the empirical results of sample groups 1 and 2 show similar conclusions: there are obvious regional differences in the purchase demand of CMI, that residents living in the central and western district are less likely to purchase CMI.
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  Officials' Turnover, Policy Uncertainty and Enterprises' Innovation

  YANG Yuqing, TAO Feng

  Jinan Journal. 2020, 42(2): 110-120.

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  Frequent changes of local government officials inevitably lead to policy uncertainty and discontinuity, which makes an important impact on enterprise innovation. The conclusion shows that policy uncertainty inhibits the innovation of local enterprises, while policy continuity is beneficial to it. The impact of policy uncertainty and continuity on enterprise innovation also depends on the form of enterprises' ownership and scale, innovation type, regional marketization and industrial technology.
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  The Existence Logic of Craftsman Spirit in the New Era: Carrier and Form

  CAO Qianman

  Jinan Journal. 2020, 42(2): 121-132.

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  Craftsman spirit is the spiritual characteristic embodied in craftsmen' behavior in a specific era, which has a specific theme of the times and calls for a new spirit of the times. The age of craftsmen is getting far away from us. However, in the present global competitions, it arouses people's attention to innovation and high-quality development, and arouses people's memory of “craftsman spirit” and explores “craftsman spirit”. Based on this, this paper analyses the spirit of craftsmen, studies the existing form of traditional craftsmen and craftsmen spirit, the carrier and evolution of craftsmen' spirit under the background of modern professional division of labor and management specialization, and the correlation between the spirit of the times and the spirit of craftsmen under the guidance of high-quality development. In this way, we can correct our inappropriate limitations of re-engineering the spirit of craftsmen and reshape the institutional culture of manufacturing industry in the new era.