10 February 2021, Volume 43 Issue 2

    

• Select all
  |

• Select
  Notes on Hongkong National Security Law

  HAN Dayuan, XIA Quan, YAO Guojian, Z0U Pingxue, TIAN Feilong, LI Peiwen

  Jinan Journal. 2021, 43(2): 1-24.

  Abstract ( ) Download PDF ( )   Knowledge map   Save
• Select
  Image of Li Yu in Early Modern Japan Paintings from the Perspective of Variation Theory

  JIANG Shuzhuo, LI Zhi

  Jinan Journal. 2021, 43(2): 25-36.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  This paper takes cultural filtering as the theoretical perspective, on the basis of the research on the image of Li Yu in early modern Japan, combined with the analysis of the creation of the paintings named Copy Book of Shi Bian Shi Yi (じゅうべんじゅうぎ), which is praised as national treasure of Japan, and the spread of Painting Manual of the Mustard Seed Garden in Japan, aims to reveal the special aspect of Li Yu's image in the early modern Japanese painting world, which was an artist who is proficient in not only literary but also history, and a hermit with unique insight. This kind of image is quite different from his vulgar flavor presented as a dramatist. Instead, it showed elegance. This elegant image is the result of cultural filtering. In essence, it is the reverse of the hereditary system occurred in early modern Japanese literature and art fields.
• Select
  The Conflicting Perspectives between Nietzsche and Brahms

  HE Lanfang

  Jinan Journal. 2021, 43(2): 37-46.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  Wagner and Brahms were regarded as rivals in the field of music. Nietzsche once praised Brahms's music in front of Wagner despite his opposition. Although Nietzsche did not completely give up his hope for Wagner's revival of Dionysian music at that time, he was aware of the defects and dangers of Wagner's music. Nietzsche probably had thought that Brahms represented the Apollonian element in music and tried to supplement Wagner with Brahms. But with this musical expectation, Nietzsche was still suspicious of both Wagner and Brahms. According to Nietzsche, the Dionysus without the constraints of the Apollo can only become the indulgence of passion, while the Apollo without the Dionysian foundation can only become superficial illusion. Finally, Nietzsche confirmed his suspicions and didn't think that Wagner and Brahms were fundamentally different. They were both romanticist in art and represented the decadent tendency in music.
• Select
  On the Evidence Isolation Mechanism in China's Evidence Exclusion Rule

  ZONG Bo

  Jinan Journal. 2021, 43(2): 47-58.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  To prevent the judge's mental impression from being polluted by excluded evidences in the course of fact-finding, academic members proposed the separation between the pretrial judge and trial judge, solving all evidence exclusion problems in pretrial conference, improving the legal quality of judges and strict reasoning of the judgment. However, those proposals are either practical in China or ineffective itself. Therefore, we can research the techniques of fact-finding after evidence exclusion, and use those techniques to prevent the judge's mental impression from being manipulated by excluded evidences. Because it's improper to stipulate those techniques as mandatory rules; instead, those techniques can be treated as principle provisions and supplemented by some guiding established cases.
• Select
  A Powerful Tool to Curb YI JIAN DAI SHEN: On the Construction of Technical Assessors & Related Systems: From the Perspective of Civil Trials in China

  DU Wen

  Jinan Journal. 2021, 43(2): 59-69.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  As far as judicial authentication is concerned, one chronic problem in China's civil trial involves judges' illicit usage of authentication opinions to replace their adjudging duties thereof (Yi Jian Dai Shen). The root causes of that problem are as follows: First, judges are faced with the dilemma of “laymen appraising professional matters” when deciding specialized issues, such as science and technology involved in the case. Secondly, there is a tendency in our academic and practical circles to substitute legal neutrality and reliability for scientific neutrality and reliability. Under this inclination, people pay more attention to the peripheral supporting issues, such as reforms of unified administrative supervisions against judicial authentication activities, while neglecting the discussion and construction of the hearing procedure for technical disputes centered on “hearing regulating”. On the basis of drawing on the experience of the relevant systems of Britain, the United States and other civil law countries, China should make full use of the provisions of related laws and regulations such as the Civil Procedure Law and the People's Assessors' Law to design our system of technical assessors and the corresponding pretrial hearing procedure for relevant technical issues. This will be of great blessing in curbing and solving the aforesaid problem of Yi Jian Dai Shen.
• Select
  Why does the Integration of Migrant Workers in Cities Rely on Symbiotic Organizations? —A Local Narrative Based on the Interaction of Multiple Organizations in Town L, City Q

  LUO Min, ZHOU Chao

  Jinan Journal. 2021, 43(2): 70-85.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  The key to urban integration of migrant workers is to rely on symbiotic organizations, which are an organizational form characterized with highly efficient cooperation and great coordination among symbiosis units as the main body, value convergence, and resource sharing. Organizational symbiosis emphasizes the establishment of a trust-based symbiotic relationship between different organizations or within the same organization, focusing on the effective interaction between different organizations and within the same organization. Differing from the previous perspective of “rights-conflict” and based on the perspective of “organization-symbiosis”, the paper explores the reality of interaction between multiple organizations, grassroots governments and local residents, and it reveals the organizational “community” consciousness of migrant workers, and promote the “localization” of migrant workers. For urban governance, the integration of migrant workers into a single individual (symbiotic unit) in the city reduces transaction costs. It not only builds a “symbiotic relationship” between migrant workers' symbiotic organizations, grassroots governments, NGOs, and local residents, but also forms the logic of “external governance” in urban communities established by the government.
• Select
  Population Outflow and Village Internal Differentiation: An Inter-generational Dynamic Perspective: Based on the Investigation of 10 Years' Evolutions of Village S in Southern Jiangxi Province

  ZHAN Lizhu, LUO Wanchun

  Jinan Journal. 2021, 43(2): 86-101.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  With the structural changes of economy and society, the village internal differentiation in the economically backward rural areas shows a process mechanism and final form differing from that in economically developed rural areas because of the backward economic development, low village interest density and serious population outflow. This paper adopts the method of qualitative research and based on the investigation of 10 years' evolutions of Village S in southern Jiangxi province. It has found that the transformation of village employment situation makes rational peasants expand their employment horizons to the outside of village, and the large-scale outflow of the village population becomes the norm. Affected by individual differences in endowments and abilities, occupational differentiation among the outflow peasants has gradually formed, and then economic differentiation accelerated. However, because these differences are limited, also influenced by occupation and life risks, the economic differentiation gap is not large enough to create social and living zones, nor to shape social stratification in the village. Village social differentiation is paralleled with its economic differentiation. Due to the changes of traditional production and lifestyle, coupled with the large-scale and long-term village population outflow, the continuous input of market concept and the dissolution of public character caused by the disappearance of village “supporting behavior” accelerate the disintegration of rural ethical community, which has become the main driving force for the village internal differentiation in economically backward rural areas. The “differentiation without stratification” village internal differentiation pattern promoted by intergenerational steps is accompanied by the dynamically and spirally generated village governance dilemma of “broken chain” of villages, “core” of families and “atomization” of individuals. Solving these problems is of great significance to the realization of rural revitalization.
• Select
  On the Creation and Redesign of Traditional Craftsmanship from Traditional Cultural Revival

  CHEN Ping, MA Xikui

  Jinan Journal. 2021, 43(2): 102-108.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  Traditional handicrafts condense the wisdom and experience of the ancestors, and their orderly excavation and utilization is a project that will benefit all generations. Under the background of globalization, the modern transformation of traditional handicrafts faces many challenges, such as the span of the living environment, the reform of the inheritance system, the adjustment of market flow, the application of cross-border design, and the adaptation of modern life. Based on the principles of “sustainable use” and “non-aliasing” development, how to realize the full integration of the public welfare of traditional handicrafts and industrial functions has become the key to solving the problem, which requires more attention to the enlightenment and guidance of civil society. This article focuses on the modern transformation of traditional handicrafts to achieve high value-added transformation, and mobilize the enthusiasm of contemporary folk craftsmen to inherit and innovate. This article pays attention to the modern transformation of traditional handicrafts from the perspective of rural revitalization, while emphasizing the significance of cultural self-confidence and the inheritance of national education skills.
• Select
  Cultural Governance in Rural Areas: Mutual Construction of Grass Roots Political Power and Civil Society: Temples and Festivals in Six Villages of Zhejiang Province

  JIANG Yiwei

  Jinan Journal. 2021, 43(2): 109-121.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  There are many explanations for the reasons of China's sustained economic growth and social stability. Cultural governance may also be a way of explanation, which is to obtain the legitimacy of the country by making full use of traditional cultural resources. Therefore, this paper constructs a dynamic response model of cultural system based on the national grass-roots regime and rural civil society. Through empirical research, on the one hand, it shows how the national grass-roots regime can use cultural governance to obtain the details and technologies of legitimacy: Museum-Temple Shinto, the integration of modernization and tradition; revived traditional festivals, legitimacy and local authority. On the other hand, it shows that the process of obtaining the legitimacy of the country is not one-way, but must permeate the rural society and then implement its political intention, with the interaction between national aesthetics and folk preferences. In the dynamic response model of the cultural system, the state and the countryside maintain a balance through molding, mapping, infiltration, extension, misappropriation and innovation. At last, it proposes the limitation of cultural governance in the countryside, which needs to be aware of the dramatic interpretation of cultural governance, the boundary problem of cultural governance penetrating into life, and the interaction and balance of cultural governance dominant power.
• Select
  Canine Management under the Epidemic Prevention of Rabies in the Late Qing-early Republican Era

  ZHANG Ergang

  Jinan Journal. 2021, 43(2): 122-138.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  Canines are an important intermediate host for rabies virus. To prevent rabies, Shanghai had taken the control of dogs since the late Qing dynasty. Although the management of canines was executed effectively by Concession before the Anti-Japanese War, the government had no control of Canines during the period of the beginning of member of a nationality of late Qing. Later, the government issued regulations to ban wild dogs; however, the bureau of sanitation did not implement the regulations to ban them, so the rabies still occurs frequently at that time. After the war, the police station responsible for the dog management took measures to reduce the number of wild dogs, such as domestic dog registration, continuous killing of wild dogs, and mandatory domestic dog injection of rabies vaccines, which has also reduced the number of human being cases of rabies virus infection. Therefore, the control of animals that are at risk of spreading diseases to humans should be carried out jointly within limited regions, and also require the participation of departments with strong execution.