16 April 2018, Volume 40 Issue 4

    

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  A Research on Searching the “Root” of Chinese Culture and Building the People-oriented “Neo-Zixue”

  ZHANG Hongxing

  Jinan Journal. 2018, 40(4): 1-8.

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  Chinese civilization is the only uninterrupted one in the world, which created a splendid “original culture” throughout the ages. However, over the past one hundred years, Chinese culture has suffered unfair treatment with criticism, and even subversion of Chinese culture having become the mainstream. Consequently, Chinese culture and the Chinese people have been labeled as being “deep-rooted weak”. The reasons for this may originate from the criticism and even slandering from some Western scholars; fueling from Western missionaries, deliberating misinterpretations from Japanese scholars, and taking these misinterpretations as true by New School scholars. In the fact , the so-called “deep-rooted weakness” of Chinese people is just a kind of irrational slander. Indeed, there are many different opinions with regard to the characteristics of Chinese culture and the “root” of it. Facing the complex conditions, the study of “Neo-Zixue” should adhere to the principle of holism, uphold the principle of making positive reviews, and use the logic of Chinese people to think about China’s issues. With an open-minded cultural perspective, we are expected to explain the “root” of Chinese culture for better solving many China’s issues. As Chinese culture advocates humanism, “Neo-Zixue” should adhere to people-oriented concept as well as putting the wisdom of the times into practice, so that a people-oriented “Neo-Zixue” can be ultimately established.
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  Cross-disciplinary Integration: Discussion on Innovation Path of the “New Study of Philosophers in the Pre-Qin Period”

  OU Mingjun

  Jinan Journal. 2018, 40(4): 9-19.

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  Prof. Fang Yong put forward the concept of “Neo-Zixue” (New Study of Philosophers in the Pre-Qin Period) in 2012, with its emphasis on the integration of the various schools. Integration means to thoroughly understand and digest in full. As the study on Zixue is considered merely as it indicates, the current study on “specific subject” is always restricted to a single discipline, which inevitably becomes one-sided. Therefore, cross-disciplinary integration has become a great innovation path of the“Neo-Zixue”. The study should step over the borders of different disciplines and pay attention to the similarities between them. To cross the borders of different times, to link ancient and modern times, and to understand the changes throughout the ages, we should give great concern to the present reality, preserve the old tradition and open up new domains. Covering different academic pathways, traditional meanings, texts, passages, and study on economy should be thoroughly understood. And Chinese ancient philosophy should be closely connected with Chinese canon, history, and literature. Cross-disciplinary integration calls on intellectuals to make “correct and overall judgment” with thorough understanding and high sensibility, so that the academic division can be bridged. The aim of cross-disciplinary integration is not on “cross-disciplinary” itself, but on pursuing the overall study, on “creating a philosophy of one’s own”.
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  “Neo-Zixue” and “Neo-Zixuelism”: From The Academic System to The Practical Direction

  FANG Da, FANG Yong

  Jinan Journal. 2018, 40(4): 20-28.

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  “Neo-Zixue”, since its concept came into being, has insisted on adhering to the “subjectivity” and “pluralism” of Chinese civilization as its core value. Generally speaking, because the contrastive positioning of “subjectivity” and “pluralism”, the two are very difficult to be compatible with each other in the same theoretical framework. However, the two principles of “Neo-Zixue” are not only reasonable but also effective for practical problems. The so-called rationality under specific conditions originates from the overall judgement of the basic forms of Chinese civilization of Pre-Qin thoughts and the era before that, and the affirmation of the uninterrupted civilization when conducting a comprehensive academic study on Pre-Qin philosophers’ thoughts. The powerful response effect comes from the exact verifiability of the rationality at the archaeological level, and the transcendence of the fundamental characteristics of the present era. Therefore, “Neo-Zixue” is not only an academic theory system derived from argumentation, but also the transcendence of all kinds of social thoughts of the present society, and thus establishing the practical direction of “Neo-Zixuelism”.
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  The Trade and Business Ties between Hong Kong and the West of Canton Province during the War of Resistance Against Japan

  ZHANG Xiaohui

  Jinan Journal. 2018, 40(4): 29-39.

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  During the early period of the War of Resistance against Japan, China’s foreign trade was mainly in the south, with Hong Kong as the transit hub for import and export goods . Transportation at that time was complicated and unpredictable. Yangjiang, an important city of the west Canton, played an essential role in developing the local economy, relying on its prosperous metal industry, which were mostly delivered to Hong Kong. However, after the Pacific War broke out, Hong Kong was occupied by the Japanese army. This great change had a strong impact on the local economy and severely destroyed the metal industry in Yangjiang.
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  Breaking the Dilemma of Security: The Chinese Communist Party’s Policy towards the U.S. Forces in North China Immediately After the Anti-Japanese War

  ZHANG Weizhen, HAN Changqing

  Jinan Journal. 2018, 40(4): 40-49.

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  In the early period after the Anti-Japanese War, the U.S. forces landed North China to assist the KMT’s forces in occupying the important areas in North China. The CCP was reluctant to give up those areas, although it was inferior with regard to military, which caused the dilemma of security for the CCP. The CCP, in order to survive and develop, began to implement the policy of engagement combined with security guard, self-defense with offensive publicity of propaganda. These measures forced the U.S. to draw in their horns in terms of military policy on some issues, and declared the principle of not extending the U.S. military intervention to influence the course of any Chinese internal strife, which preliminarily improved the security situation of the CCP. This policy established the basis of the CCP’s gaining the power of China and the policy towards the U.S.’s military threat in the future.
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  Anti-Japanese War and the Evolution of Japanese Economic Organizations in South China

  ZHANG Chuanyu

  Jinan Journal. 2018, 40(4): 50-60.

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  In the study of modern Japanese economic groups’ overseas activities, which the thread running through was the Chamber of Commerce and Industry. However, the situation of the Japanese Chamber of Commerce and Industry in South China during the Anti-Japanese war period was always ignored by the academic circles. For example, the Guangdong Japan Chamber of Commerce and Industry, was a spontaneous Japanese popular industrial and commercial organization before the Anti-Japanese war. However, during the war, it became as the same as the other Chamber of Commerce and Industry to have profound changes with the increasing demand and support for the war. Nevertheless, because of the special situation and environment, it was also different from other Chambers of Commerce and Industry in China.
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  The Effect of Family Involvement on Diversification Strategy: Evidence from Listed Family Firms in China

  SHI Benren, BI Lihua

  Jinan Journal. 2018, 40(4): 61-73.

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  Centering on the samples of Chinese family firms listed in small and medium-sized board and second-board market from 2004 to 2012, we have researched the impact of the family involvement on diversification strategy based on the socio-emotional wealth (SEW) theory, and the moderating effect of performance dilemma and environment uncertainty on this impact. The results indicate that family involvement in ownership and management has significantly positive effect on diversification strategy. When the family firms are faced with performance dilemma and highly unsteady environment, this positive relationship, especially, will be strengthened. The research shows that in order to protect SEW, the strategic decision of the family tends to be more long-term oriented as family involvement degree increases, and is more willing to opt for diverse risk dispersion to realize the sustainable development. And the incentive to implement the diversification strategy will be further reinforced when family firms are in crisis. The results are beneficial to understand the strategy choices of family firms in background of strategic transformation and upgrading.
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  The Functions of the Trade Unions and Employees’ Passive Rights: An Empirical Analysis Based on China Employer-Employee Survey

  CHENG Hong, WANG Yue

  Jinan Journal. 2018, 40(4): 74-87.

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  To protect employers’ legal rights and interests is one of the statutory responsibilities of the trade unions. With the continuous increase of labor wages, the status of employers and employees has changed, and the employees’ willingness to make decisions at work has been gradually promoted. Therefore, the maladjustment between the existing labor rights protection system and social development has gradually become more apparent. In the modern corporate governance, trade unions have great impact on the formation of a healthy and orderly labor relations. The report of the 19th CPC National Congress clearly proposed that “we should improve the consultation and coordination mechanism involving the participation of government, trade unions and enterprises, and establish a harmonious labor relationship”. At present, the academia pays more attention to the effectiveness of trade unions’ own rights protection. However, in the new era, the transformation of trade unions in China should be explored from the fundamental perspective of its position and function. This article conducts empirical tests on multiple aspects of the present situation of how trade unions protect employees’ labor rights based on China Employer-employee Survey(CEES). The results show that trade unions have significantly positive impacts on promoting the protection of employers’ right to be employed, right to obtain renumeration, and right to receive vocational training. However, trade unions do little to promote the protection of the right to relax and the right to enjoy social insurance. Therefore, based on the theory of opportunity cost, this article concludes that the reason for this is that there is no clear boundaries among the trade unions’ obligations, so that the passive rights of employees’ for free choices are intruded, which causes the dilemma of employees’ “unintentional rest” and “non-optimal investment”. It is suggested that trade unions assertion of employees’ rights should aim at realizing the positive labor rights, and should also respect the negative labor rights. In other words, trade unions should put emphasis on the “realization of labor rights”, but at the same time get rid of “over-protection”.
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  Research on Industry Coupling Efficiency Based on Internet: A Case Study of Internet and Financial Industry

  DONG Zhixue

  Jinan Journal. 2018, 40(4): 88-98.

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  The report of the 19th CPC National Congress points out that it is necessary to develop China’s industries to the high-end of the global value chain from the national level, and promote the deep integration of the Internet, big data, artificial intelligence, and the real economy. The interaction between the Internet industry and the related industries has broken through the traditional interrelated and mutually-integrated boundaries, and developed towards a deeper coupling direction. Especially after the close coupling with commerce, finance and service as the representatives of the tertiary industry, new industries such as E-commerce, Internet of Things, Internet finance and shared travel have emerged. Meanwhile, new economic forms such as sharing economy have appeared. With the expansion of the coupling field and the deepening of the coupling, it is more important to predict and evaluate the coupling results between the industries. In this paper, the example cited is that Internet industry and financial industry are coupled with the birth of the Internet Financial industry. Based on the grey correlation method and entropy method, this paper conducts quantitative studies on the coupling and sustainable development abilities of bilateral industries, and obtains the coupled momentum method to judge the ability of bilateral industrial coupling and sustainable development.
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  The Jurisprudence Logic of Market-oriented reform of Agricultural Land Development Permission: An Approach to Achieving the Goal of Land Management by Private Law

  ZHANG Xiangui

  Jinan Journal. 2018, 40(4): 99-110.

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  The right of farmland development permission is the expression of legal right of the examination and approval process of the conversion of agricultural land in China’s “Land Administration Law”. The core of the approval process of farmland conversion lies in whether it holds the index of conversion of agricultural land. On the theoretical level, the mode of agricultural land index management, which is “top-down, unified distribution, multi-level decomposition and mandatory distribution quota”, is essentially a manifestation of the single-law method of “command-compliance” practiced by China’s land administration. In practice, however, the violation of the conversion of agricultural land is more frequent, which reflects the plight of the operation of agricultural land development permission. The land policy has shifted from the two for two policy, link the increase and decrease of the land for construction use in both urban and rural areas, to the policy context of the “ticket” transaction. Although it breaks the predicament that has been obtained from the target plan with the system function and value of diversion rather than blocking, but the logic behind it is the essential declaration of market-oriented reform on the development permission of agricultural land. At the level of jurisprudential logic, the market-oriented reform of agricultural land development permission reflects the principle of administrative private law, which is, of course, the deepening development, mechanism innovation and practice of the principle of “administrative private law” in our country’s land administration. The legal system of land administration should also take this as an opportunity and entry point to start substantive reforms.
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  The Reformation of Eyewitness Identification in China: on the Basis of New Scientific Research Results

  HUANG Shiyuan

  Jinan Journal. 2018, 40(4): 111-120.

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  Although the scientific research results on eyewitness identification seem to be scattered and unorganized, they can be explained by two scientific principles: Expectancy Effect and Relative Judgment. These high quality scientific researches reach consensus in many aspects of eyewitness identification. According to the consensus, double-blind procedure should be employed; suspect should not unduly stand out from among other fillers; lineup administrator should tell witness that the perpetrator may or may not be in the lineup; and that the investigation will continue regardless of the lineup result; identification procedures should be written down comprehensively and videotaped; defense attorney should be allowed to be present in the identification procedures. Rule-makers and law enforcement officers should be familiar with these scientific research results, and improve the legislative and judicial practice based on these research results.
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  English Abstract Negative List, Transparency Principle and Rule of Law: Comments on the Reform of the Regulating Approach to the Foreign Investment in China Pilot Free Trade Zones

  LIU Zhengfeng

  Jinan Journal. 2018, 40(4): 121-132.

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  The fundamental difference between the negative list and the positive list approach lies in their logical structure. The former gradually becomes a mainstream trend in the field of foreign investment regulation. The transparency principle evolves from the marginal principle to the core value under the WTO legal structure with its connotation extended to a weak meaning of the rule of law. Negative list has an advantage in transparency, while the transparency principle imposes limitations on its institution design. The requirements of transparency enshrined in WTO legal framework push forward the development of China’s legal system. As a higher level of trade liberation which requires more transparency, the negative list will further promote the construction of Rule of Law in China. From another perspective, only if the reform of Free Trade Zones for foreign investment supervision is based on legal-thinking can the negative list take its advantage in transparency.