15 April 2020, Volume 42 Issue 4

    

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  New Horizon of “China's Governance”

  CAI Lihui, TAN Ankui, WANG Zhiqiang, ZHANG Yu, CHEN Wen, CHEN Xiaoyun

  Jinan Journal. 2020, 42(4): 1-13.

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  Research on Classified Reform and Incentive Mechanism of Executive Compensation in State-owned Enterprises

  LI Yuqiao, CHEN Lin

  Jinan Journal. 2020, 42(4): 14-25.

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  Based on the data of state-owned listed companies in CSMAR database, this paper uses fixed effect model analysis to test the impact of the performance of economic, social and political tasks of state-owned enterprises on their executive compensation. According to the different task objectives of state-owned enterprises, state-owned enterprises are divided into competitive and non-competitive categories, and the classified regression test is carried out. The results show that: the performance of economic tasks and social tasks of state-owned enterprises are conducive to the promotion of executive pay, while the performance of political tasks is irrelevant to executive pay. After classified assessment of state-owned enterprises, the performance of economic tasks of competitive state-owned enterprises is conducive to the promotion of executive pay, while the performance of social tasks is irrelevant to executive pay. The economic task performance and social task performance of non-competitive state-owned enterprises are helpful to improve the executive compensation. The incentive effect of classified assessment of state-owned enterprises is better than that of non-competitive state-owned enterprises. The research of this paper verifies the effectiveness of the classified assessment of state-owned enterprises, that is, the classified assessment of state-owned enterprises improves the evaluation and assessment system of state-owned enterprise executives, and improves the incentive effect of compensation for state-owned enterprise executives as a whole.
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  Measurement and Decomposition of Operational Efficiency of Listed Commercial Banks in China: Empirical Research Based on RAM Network DEA Model

  ZHOU Shaofu, TAN Lei

  Jinan Journal. 2020, 42(4): 26-39.

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  This paper applies the RAM network DEA model considering non-expected output to measure the efficiency of 16 listed commercial banks in China from 2007 to 2018. The results show that during the study period, the efficiency of city commercial banks is the highest, and the efficiency of joint-stock commercial banks is better than that of state-owned commercial banks, but the gap between the two gradually narrows. Lower non-interest income and higher non-performing loans are the main reasons for the inefficiency of state-owned banks. Furthermore, this paper studies the possible reasons that may lead to inconsistent conclusions of bank efficiency, and finds that the efficiency results of commercial banks vary significantly under such circumstances as the division of network structure, the choice of model and the consideration of free disposition of intermediate output. Under the condition that the intermediate output meets the strong free disposal hypothesis, the efficiency value of each commercial bank is relatively low. In the case of different network structure division, the efficiency of all kinds of commercial banks has a significant change. In the case of network structure TWO, the efficiency of state-owned banks measured by different models is higher than that of joint-stock commercial banks. By comparing the efficiency results of various commercial banks calculated by different network DEA models, it is found that the efficiency value of smaller commercial banks measured by the NSBM model and the NSBI model is lower than that measured by the NRAM model, and the state-owned banks have the highest efficiency level in this case.
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  A Paradigm Evolution of the Centennial History of Chinese Literary Criticism: From the Ji Department Being the Source of Subject to the “Siku” as the Knowledge System

  LI Jianzhong

  Jinan Journal. 2020, 42(4): 40-48.

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  Although the the history of Chinese literary criticism is a modern subject and new term “literary criticism” is taken from the western region, its theory and literature come from the Ji Department of the “Siku”. If the five major classics of Ji Department prepared a large number of literary texts for “criticism”, the narrative and literature of poetry and criticism would provide theories, methods, and examples for “literary criticism”. The history of Chinese Literary Criticism comes from Ji Department, the first thing to gain in the founding period (in the 1930s and 1940s) is the glory of History (represented by Guo, Luo and Zhu's three dynasties). After the hardship and silence of the 1950s and 1960s, The history of Chinese Literary Criticism from the initial stage of “be from the Ji Department” to the new period of “being well versed in the Siku” progressively, forming the great literary landscape of the four major paradigms that Jing, Shi, Zi, Ji mutual assist to advance.    Jing (the classic paradigm of Confucianism), with its ontological interpretation of the “text” and “words in the passage” of the “classic”, and its power of category discrimination and analysis. Shi (the paradigm of historiography), with the re-writing of “history” and the re-brilliance of historical works of various ideas, styles and volumes. Zi (The sub-learning paradigm), expanding its reach with the ideological controversy of the multi-cultural perspective of the “zi” and the knowledge compilation of all things. Ji (the paradigm of collection part), reinforced by criticism and strategy of poetry and prose. As an original knowledge form and discourse system, it constitutes the ideological soul, historical background, cultural spirit, and critical method of the history of Chinese centennial literary criticism's research. The research of the paradigm evolution of the history of Chinese centennial literary criticism can provide Chinese experience, Chinese discourse, and Chinese paradigm for literary theory in the era of globalization.
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  An Inquiry into the Concept of “Tianxin”: Based on Political Context and Philosophical Context

  HE Ganshuo

  Jinan Journal. 2020, 42(4): 49-58.

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  As a common term in Chinese philosophy, the word “Tianxin” (the heart of heaven) is very extensive on both Chinese philosophical texts and historiography. The meaning of “Tianxin” was always overlooked in previous researches, or just simply deduced as a religious God, as well as an unconscious natural law. Thus, the complexity of the concept of “Xin” (the heart) in Chinese philosophy was ignored. On the basis of regarding “Tianxin” as an important concept, the article sorts out its structural expressive function and internal logic in political context. It considers that “Tianxin” is the embodiment of the role of the concept “Tian” in Chinese traditional thought. Finally, the article would attempt to analyze “Tianxin” in the theory of Theory of Temperament.
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  An Intertextual and Interdiscursive Analysis of Pragmatic Identity Construction in Chinese and Foreign CSR Reports

  DENG Liming, ZHOU Yun

  Jinan Journal. 2020, 42(4): 59-67.

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  Although Corporate Social Responsibility Report (hereafter CSR Report) has been the focus of linguistics research, the intertextual and interdiscursive analysis of pragmatic identity construction in Chinese and foreign CSR reports remains to be scarcely explored. In view of this situation, the study comprehensively analyzes how corporate pragmatic identity is constructed by employing intertextual and interdiscursive strategies in CSR Reports 2017 released by China Southern Power Grid and the ENEL Group. The results are generated as follows: Textual intertextuality, textual-visual intertextuality and interdiscursivity are critical strategies employed to construct pragmatic identity in Chinese and foreign CSR reports. The common identity constructed includes a pioneering, modern green model enterprise which owns standardized management, multilateral participation, sustainable and reliable development. The identities of being a large patriotic state-owned enterprise and a world-leading transnational corporation are respective features for each of the above-mentioned corporations.
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  Entity Relief to the Person Subjected to Execution under the Choice of the “Dual-track” System for Application for Execution

  ZHANG Haiyan

  Jinan Journal. 2020, 42(4): 68-79.

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  For the remedy of the disputes in the enforcement reconciliation, Article Nine of the judicial interpretation about enforcement reconciliation gives the application executor a “dual track” relief channel for resuming execution or separate litigation. As the final execution plan of the executed person, restoring execution or continue to perform the enforcement agreement depends on whether the enforcement agreement is invalid, revoked, or released. Since the above questions are substantive issues, the remedies for litigation should be given to the enforced person. As for the choice of litigation, in view of Article 16 of the judicial interpretation about enforcement reconciliation, the relief channels for separate litigation have been affirmed, and the lawsuit of debtor dissidence are lacking in our country. The remedy for the improvement of separate prosecutions should become the preferred option for the relief of the enforced entity at this time. Starting from the system design of China's enforcement reconciliation, the remedy of the executor through a separate litigation can also play a role in stopping the enforcement. For the “dual-track” option of the applicant executor, a separate litigation can also cover all the circumstances in which the executor needs entity relief. However, Article 16 of the judicial interpretation about enforcement reconciliation does not summarize the circumstances in which the enforced person needs entity relief. The expression of the outcome of the proceedings on the enforcement procedures is not clear. In view of the above situation, the law should include the disputes between the execution applicant and executed person over the rescission of reconciliation agreement, and clarify the impact of the lawsuit outcome on the direction of the execution process.
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  Examination and Relief of the Notarial Obligatory Right Which is Given Executive Effect

  MA Dengke

  Jinan Journal. 2020, 42(4): 80-90.

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  The determination of the notarized creditor's right which is given executive force shall go through two stages: first, the notarization of the creditor's right to claim payment in the future, and then the issuance of the execution certificate after the unilateral application of the creditor. The enforcement effect of notarization claims lies in their procedural legitimacy and substantive correctness. If there is a procedural error in the determination of a notarized creditor's right, it shall be decided that the claim shall not be accepted, reject the application for enforcement or refuse to be executed according to different circumstances., The notarized party and the interested party shall provide relief through litigation when there is a substantive error in the notarization of the creditor's right. If the performance and execution of a “false” notarized creditor's right may impair the realization of other creditors of the debtor, the debtor's other creditor shall have the right to subrogation to bring a lawsuit of invalidity of the creditor's right and a lawsuit of non-execution. In the event of a dispute over the alteration or expansion of parties, an independent litigation of altering parties shall be established for relief since the notarization of the claim is not limited by the standard time for res judicata of civil judgment.
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  On Whether the Claimant of the Creditor's Rights Can File an Action Filed by a Third Person on the Subject Matter of Enforcement

  LIU Ying

  Jinan Journal. 2020, 42(4): 91-100.

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  In the case that the subject matter of execution belongs to the executed person, the third person on the subject matter of enforcement may not claim the right of the creditor's rights against the subject matter of execution to file an action filed by a third person on the subject matter of enforcement and request the exclusion of compulsory execution. In the case that the subject matter of execution does not belong to the executed person, the third person on the subject matter of enforcement may claim the right of the creditor's rights against the subject matter of execution to file an action filed by a third person on the subject matter of enforcement and request the exclusion of compulsory execution. A third person on the subject matter of enforcement may, on the ground that he has the lease right to the subject matter of execution, file an action filed by a third person on the subject matter of enforcement, requesting the exclusion of compulsory eviction or preventing the transfer of the subject matter of execution to the assignee, but may not request the exclusion of the disposition of the subject matter of execution, such as the auction or sale.
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  Discuss on the “Disciplinary Legislation” in Procedural Regulations of Forensic Appraisal

  MA Chenjun

  Jinan Journal. 2020, 42(4): 101-109.

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  At present, some Higher People's court and provincial Judicial Bureau have formulated and improved the normative legal documents for the judicial commission, forensic appraisal administration and appraisal implementation within their respective jurisdictions in accordance with the spirit of “improving the administrative system of forensic appraisal” and other related policies. Such normative legal documents aim to strictly control practice of appraisers, strengthen industry regulation, and regulate the due process of forensic appraisal in detail. And the details of the legal procedure should involve the differentiation and compatibility of various forensic appraisal disciplines. In this context, for the partial forensic appraisal contents, according to the characteristics of various disciplines, separating the regulations in different disciplines are the deserved meaning of formulating the normative legal documents of forensic appraisal and constructing the forensic appraisal administration system. Therefore, the author studied the connotation and extension of the disciplinary system, analyzed the value and significance of the “discipline legislation” clause, and demonstrated its necessity in the forensic appraisal procedures. On this basis, the author discussed the status quo and development of the disciplinary mode and provides consultations for future legislation related to forensic appraisal.
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  Sun Yat Sen's Efforts to Promote Human Modernization: Transforming Nationality and Improving National Quality Levels

  ZHOU Xingliang

  Jinan Journal. 2020, 42(4): 110-123.

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  In his lifelong struggle to rejuvenate China and change the destiny of the motherland, Sun Yat-sen gradually realized that the quality as well as the public attitude of the people can directly affect the democratic revolution and national construction. Therefore, after the Revolution of 1911, especially in his later years, he paid close attention to the issue of human modernization and emphasized that in order to do a good job in the construction of social civilization, especially spiritual civilization in China, it was a basic project to change the political psychology of the people, including promoting their psychology to shatter old ideas and form new ones, and cultivating and improving humane quality. For this reason, many wise and insightful opinions have publicized on how to accomplish with renewing the country's foundation in accordance with China's unique national conditions. What's more, he made efforts to put it into practice sternly during the process of his administration.
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  Discussion on the Evolution of Sun Yat-sen's Thought of Universal Education

  YAN Haibo, TAO Jiyi

  Jinan Journal. 2020, 42(4): 124-132.

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  The universal education thought is the important component of Sun Yat-sen's education thought. Sun Yat-sen's thought of universal education was evolving all the time, especially during the following three periods: before the Revolution of 1911, in the first few years after the establishment of the Republic of China, and after the May 4th Movement. In the whole three stages, the latter stages is the enrichment and development of the former stages. It can be seen that, with the gradual changes of the situation at home and abroad, the fantasy of Sun Yat-sen's universal education thoughts gradually decreased, while the reasonable factors and feasible components increased. It is no coincidence that Sun Yat-sen developed old Three Democracy Righteousness into the new Three Democracy Righteousness in his later years and formulated the three cardinal policies of “allying with the Soviet Union, allying with the Chinese Communist Party and helping the peasants and workers”. The continual evolution of Sun Yat-sen's thought of universal education also played a certain role in promoting it. Sun Yat-sen's thought of universal education provided valuable ideological materials for Chinese communists, such as Mao Tse-Tung to think about the educational problems in new China and how to develop the educational cause of new China. Even so far, it still has some enlightening significance in the educational development of socialism with Chinese characteristics in the new era.