20 June 2021, Volume 43 Issue 6

    

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  “Way Conditioned by Nature” and Life Philosophy in Fei Ming's Novels

  SONG Jianhua

  Jinan Journal. 2021, 43(6): 1-13.

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  Fei Ming's novel is a kind of philosophical novel, which is often “detached from the image and indulged in abstraction”, and devotes itself to expressing the spiritual realm of “there being no self”. The influence of Laozi and Zhuangzi's thoughts on him is very obvious. When explaining Taoist philosophy of life, Fei Ming's novels have three characteristics that deserve our attention: First, the Taoist theory of “self-actualization” is used to deny the Confucian theory of “enlightenment”, and “enlightenment” is perceived to be a great evil that constrains human freedom. Second, it advocates obeying the laws of nature instead of violating the “Heaven”, and releasing people's personality and making them get absolute freedom. Third, it goes beyond “life and death” to explore the realm of “nothingness”, and regards death as the real starting point of the soul liberation. It is precisely because of this profound thought exploration that Fei Ming's novels have become a unique existence in the history of modern Chinese literature.
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  Rereading A Dictionary of Maqiao from the Perspective of “Root Seeking”

  GONG Xiaoyue

  Jinan Journal. 2021, 43(6): 14-22.

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  In 1985, Han Shaogong took the lead in “root seeking” in the Root of Literature. At the same year, he published Pa Pa Pa which is regarded as the representative work of seeking the root of literature. A Dictionary of Maqiao published in 1996 is a work that continues to seek roots. Through a new close reading of the word “awake” in the text, we can see that Han Shaogong had been responding to the issue of “root seeking”. A Dictionary of Maqiao is a novel of great ambition to explore “language”. Han Shaogong intended to express the essence of “language” in the form of “dictionary”. However, it is a pity that A Dictionary of Maqiao had not completely created a new world with the double illustration of “dictionary” and “language”. With the continuous development and change writing in the contemporary Chinese literature, the ultimate meaning of “root seeking” is not to frame the concept of “root seeking” and how to “find”, but to find which kind of “root” and what “root” really are. The local spirit is an important content worthy of attention and further exploration in “root”. “Root seeking” is still necessary at present, even though it may encounter some difficulties, but it is a process that literature creation must not lack.
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  The Construction of China Pilot Free Trade Zone and the Flow of Senior Labor Force —A Micro Empirical Analysis Based on the Data of Listed Companies inside and outside the Border of Free Trade Zone

  HUANG Xianhai, YU Pan, SONG Xueyin

  Jinan Journal. 2021, 43(6): 23-32.

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  Through the data analysis of the senior labor factor flow of listed companies, it is found that the establishment of the pilot free trade zone does not have a significant impact on the senior labor factor flow rate of listed companies in the zone, but will improve the quality level of senior labor factor of listed companies in the zone. Based on this typical fact, this paper introduces the flow of senior labor factors into the heterogeneous enterprise model, and analyzes the internal mechanism of the influence that the establishment of the pilot Free Trade Zone has on the flow of senior labor factors. However, the impact on the number of senior labor factors of enterprises in the region is not clear. The empirical test based on the micro data of China's listed companies also verifies the theoretical conclusion of this paper. The establishment of the pilot free trade zone has no significant impact on the inflow rate and outflow rate of directors, supervisors and senior staff of listed companies in the zone, but it will improve the quality of senior labor of listed companies in the zone.
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  Exploring the Service Industry Opening Mechanism of the Free Trade Port with Chinese Characteristics —Taking Hainan Free Trade Port as an Example

  XIE Shenxiang, GAO Yuan

  Jinan Journal. 2021, 43(6): 33-43.

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  In the current era, the global economic and trade growth is slow, the investment environment is sluggish, unilateralism and trade protectionism are on the rise, and the wave of “anti-globalization” is relapsing. In this context, accelerating the exploration of the construction of a free trade port with Chinese characteristics has important practical significance and strategic significance. In 2020, the Central Committee of the Communist Party of China and the State Council issued the Overall Plan for the Construction of Hainan Free Trade Port, making a clear plan for accelerating the construction of a high-level free trade port with Chinese characteristics. At present, Hainan Free Trade Port has introduced a series of policies in terms of achieving freedom and convenience, building a modern industrial system and institutional construction. However, compared with the world's major free trade ports, there are still certain gaps and problems in cross-border service trade facilitation, financial industry development, taxation arrangements, informatization service levels, and digital trade participation. In this regard, this article proposes corresponding policies in terms of introducing cross-border service trade “negative lists”, developing diversified financial services, strengthening tax policy pertinence, improving the application of information technology, and formulating digital trade rules.
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  Business Environment and Legal Construction of Free Trade Port with Chinese Characteristics

  CAI Hongbo, ZHONG Chao

  Jinan Journal. 2021, 43(6): 44-51.

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  Hainan Free Trade Port is China's first free trade port with Chinese characteristics. Realizing the rule of law in the business environment is not only one of the important goals of the construction of a free trade port with Chinese characteristics, but also an important standard for measuring the level of free trade port construction. In the context of liberalization, internationalization, and rule of law, strengthening the rule of law is an important guarantee for optimizing the business environment. This article mainly combines the reality of the business environment of the Hainan Free Trade Port, compares the highest international standards and draws on the advanced experience of other developed countries or urban free trade ports, and puts forward reasonable suggestions for optimizing the business environment and advancing the legal construction of the free trade port. Through international comparison, it is found that the main shortcomings of China's free trade port business environment and rule of law construction are the lack of satisfaction of market players, the lack of a relatively complete free trade port legal framework, the lack of information construction, and the lack of international talents. In response to the above problems, this research proposes that the credit system and financing environment should be paid attention to, while further improving the open development of the legal system, strengthening informatization construction, and actively establishing an international talent service and management system.
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  The Regulation of Big-Data Driven Price Discrimination: An Analysis Based on New Institutional Economics and Game Theory

  WANG Chan

  Jinan Journal. 2021, 43(6): 52-64.

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  The Big-data Driven Price Discrimination (BDPD) of the retail-end online shopping raises public concern on the welfare of the consumers. The article 18 of E-Commerce Law responses to this concern by stressing the information disclosing rights of the consumers. This practice, however, might not achieve in the algorithm-based market structure, in which the right to information property is the ultimate target for both of the contracting parties. This paper demonstrates a counter-intuitive market effect of the BDPD: it turns the table of the two sides by changing the rule of the game. The consumers get stronger in the negotiation with more efficient price information while the e-shops in turn, involve in a higher level of competition. We therefore suggest an exemption of BDPD by interpreting the Article 18 of E-Commerce Law restrictively, so as to foster market competition and efficient resource allocation in the context of information technology era.
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  Rethinking and Amending the Regulation of Data Crawling from the Perspective of Anti-Unfair Competition Law

  LI Zhaoyang

  Jinan Journal. 2021, 43(6): 65-76.

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  Data crawling is a typical new type of behavior not foreseen in the Anti-Unfair Competition Law in the context of Big Data. In the traditional judicial practice, the court often applies the second article of the Anti-Unfair Competition Law to the new type of behavior, and by judging whether the behavior violates business ethics to determine the legitimacy of the behavior. However, in the new business environment, business ethics itself has some ambiguity. Too much reliance on business ethics may limit the development of behaviors with higher economic efficiency. In this case, taking the data crawling at home and abroad as an example, the application of the second article should be included in the analysis framework of the competition law, and whether the economic efficiency can be truly improved is the core element of the competition effect analysis to achieve the second article of revision. These methods may break through the analytical dilemma of data crawling cases and ensure the balance between economic efficiency and social public interest.
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  Study on the Coordination between Environmental Legislation and Criminal Legislation —From the Perspective of “Judgment” of Criminal Legal Norms in Environmental Legislation

  LIU Jiaqi

  Jinan Journal. 2021, 43(6): 77-90.

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  There is no doubt that environmental legislation and criminal legislation have the same goal, which respectively sanction the front-end and back-end of environmental illegal activity. Therefore, the coordination between the two is not only necessary but also feasible. In the process of realizing the coordination between the two, the criminal legislation with the basic orientation of “judgment law” has made considerable efforts. In spite of this, due to being confined in the positioning of the current environmental legislation as “administrative law”, the two are not in fact coordinated. In view of the inherent stability, conservatism and hysteresis of criminal legislation, the key to ending the dissonance between them lies in the “judgment” of criminal legal norms in environmental legislation. Among them, the ideal mode is to formulate the environmental subsidiary criminal law or the environment single criminal law; The realistic mode is to provide more adequate and accurate legal guidance or legal basis for the application of the criminal code in the field of environmental crime from the aspects of substantive law and procedural law through necessary environmental legislation design.
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  International Talent Inflow, Technological Distance and Chinese Enterprise Innovation

  QU Ruxiao, LI Jing, YANG Xiu

  Jinan Journal. 2021, 43(6): 91-106.

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  Against the background of building a new open economic system with a higher level, attracting international talent has become an important part of China's international competition. This paper reviews the theoretical mechanism of the impact of international talent inflow on enterprise innovation capability, and on this basis, makes an empirical study using micro enterprise data. The results show that international talent inflow can significantly improve the innovation ability of Chinese enterprises. According to the types of innovation, the promotion effect of international talent inflow on product innovation is greater than that of process innovation. In terms of influence mechanism, international talent inflow promotes enterprise innovation by promoting the improvement of human capital invested in R&D; the greater the technological distance, the promotion effect of international talent inflow on enterprise innovation will be weakened. In this paper, the impact of international talent inflow on innovation is extended to the micro enterprise level, which provides a new basis for the country to carry out talent introduction work and speed up the construction of talent power.
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  What is the Effect of Institutional Investors on Asset Mispricing: Inhibition or Promotion?

  FANG Yi, NIU Hui

  Jinan Journal. 2021, 43(6): 107-120.

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  In order to explore the role of institutional investors in asset mispricing, this paper selects two variables of institutional shareholding ratio and number of shareholding institutions to measure the change of institutional position, and divides all the data into three sections: full sample, before the margin trading and after the margin trading. By constructing panel regression model, this paper discusses the influence of institutional investors on asset mispricing and the trading strategies of institutional investors in different sections. The results show that institutional investors play different roles in asset mispricing in different periods. Before margin trading, the following behavior of other investors leads to the mispricing to a certain extent. Institutional investors could not effectively correct the wrong pricing due to the lack of short selling tools. After the margin trading, a few experienced institutional investors actually ride the bubble rather than eliminate the price deviation, which further boosts the bubble. Based on this, we put forward some suggestions, such as improving the professional manager market environment, perfecting the financial market supervision system, and correctly guiding institutional investors to participate in the market.
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  Empirical Studies of Classified Performance Evaluation System for Universities' Scientific Research Projects Using DEA-Malmquist

  WANG Zhong, WEN Yufeng, Sun Yufang, CHEN Qianmin

  Jinan Journal. 2021, 43(6): 121-132.

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  This paper is guided by innovation quality and contribution, based on subject classification and the main line of “input-output” efficiency analysis, to construct the performance evaluation system for scientific research projects including basic research and applied basic research projects, technology and product R&D projects and application demonstration projects. On basis of the statistical data of 40 universities' research activities from 2010 to 2017, science and technology of 40 colleges and universities directly under the Ministry of Education from 2010 to 2017, this paper uses the DEA Malmquist index method to carry out the empirical research of classified performance evaluation for universities' scientific research projects. The results indicate the main factor causing the performance gap is the index of technological progress. In the future, we should focus on strengthening technological innovation and research quality to promote universities' scientific research performance so as to improve the total factor productivity.