15 June 2020, Volume 42 Issue 6

    

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  Shang Yang and the Academic Criticism of Early Legalists——A Special Focus on the Relationship Between the Book of Lord Shang and the Thoughts of the Pre-Qin Philosophers

  GAO Huaping

  Jinan Journal. 2020, 42(6): 1-14.

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  In the early period of pre-Qin, legalists were represented by Li Kui, Wu Qi and Shang Yang, etc. Their legalism originated from Confucianism, which has a natural connection with Confucianism. The purpose of their arguments is to enrich the country and strengthen the army, and their laws and decrees are mostly related to the “Law of war”, essential to wartime laws and decrees. Their argumentation often affirms the idea that the country is going to be strong in terms of managing chaos, nihility and reality, being strong and weak, rich and poor, but rejects the idea that leads to the political chaos and defeat of the country. The main direction of the academic criticism of the pre-Qin scholars in the Book of Lord Shang is the core values of Confucianism, such as etiquette and education, and the principle of justice in law enforcement and punishment, which is neither light or heavy. The book of Lord Shang inherits the Taoist view of making the people “foolish” and “simple”, but negates the view of Laozi that “The more laws and regulations, the more thieves and robbers.” It has absorbed Mohism's harmony and the view of human nature, but it has given clear criticism to Mohism's core values such as “universal love”, “non-offensive”, “meritocracy” and “diplomacy”. It inherits the thoughts of the famous legalism, the upper and lower hierarchy and the legal system such as “rites” and “laws”, while resolutely criticizing and rejecting his “famous arguments”, which were “too much rhetoric but not practical”. In addition, the Book of Lord Shang is also clearly influenced by the idea of the peasant family emphasizing agriculture.
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  A Study on the Origin of the Book of Lord Shang

  HUANG Xiao

  Jinan Journal. 2020, 42(6): 15-26.

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  This paper, on the basis of data collection, aims to probe into the issues of the circulation, completion, number, title, folk tales of the Book of Lord Shang and the origin of Gongsun Yang. The author also suggests that,although Gongsun Yang, a military writing, differs from the legalism works of Lord Shang in the number of chapters, and there may be many differences in the text, most of the contents should be identical, and the reason why they are recorded repeatedly may be because of the different versions. The appearance of Shang Zi may be related to the differentiation of Sutras and subtexts, and the change of classification methods in bibliography. The Book of Lord Shang may also have been re-integrated during the Wei, Jin, Southern and Northern dynasties or the early Tang dynasty. According to some new materials, the time when it began to be lost is presumed to be in the late Tang dynasty after Han Yu. Although some seemingly unknown statements were found in later, they were more likely to be misquoted.
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  “Duanzuo” and Rhetoric of Eight-Part Essay in the Ming and Qin Dynasties

  CHEN Weizhao

  Jinan Journal. 2020, 42(6): 27-34.

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  Duanzuo(断做) is a rhetorical category of eight-part essay opposite to Daishuo(代说). We can identify its rationality in logic and variability in dialectics from the transformation of Duanzuo, which was originally complementary to Daishuo and later became the presentation of the author's subjectivity, and the change of Duanzuo from the confrontation of Narration to the heretic “Linglie(凌躐)”. From the connotation circumscription and variation of “Duanzuo” in the rhetoric category, we can locate the development and evolution of the writing rules, rhetoric methods and aesthetic orientation during the Ming and Qing dynasty. Thus, it is a miniature of the history of the eight-part essay of the Ming and Qing dynasty.
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  Jiangnan and Chang'an in the Antiphon Poetry Dark Spring Created by Bai Juyi and Liu Yuxi

  DAI Weihua

  Jinan Journal. 2020, 42(6): 35-49.

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  Each of the Chinese ancient literati, Yuan Zhen, Bai Juyi and Liu Yuxi, wrote 20 responsory poems, but Yuan Zhen's poems were lost. In 828 A.D., there was only the "Dark Spring" time limit and no geographical limit in Liu's and Bai's responsory poetry. Previously, both of them had life experience in Jiangnan. Liu Yuxi lived in Jiangnan when he was a boy. However, there was a description of Jiangnan in Bai Juyi's poem, while Liu Yuxi did not have a poem that praises Jiangnan. Bai and Liu's spring responsorial poem mainly sings about Chang'an. Forty responsorial poems are rich in content, showing the numerous types of customs, figures in Chang'an. What they add up to is a scenery record of Chang'an Dark Spring. The textual research of etiquette and marriage custom can also occupy the vacancy left by history, including the military outfit was set in the worship of spring rites and the sword was held on the left, or the blanket was spread in black, and the brocade was slanted. Bai wrote about Jiangnan and Liu didn't refer to Jiangnan, which reflects the difference of the poets' cognition and experience of Jiangnan.
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  A Study on the Evolution of the True Story of White-Haired Girl

  ZHANG Jun

  Jinan Journal. 2020, 42(6): 50-60.

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  The argument of “the Huang Da Shan Ren” is one of the quite striking truths in the controversy over The White-Haired Girl in recent years. In fact, evolving from the opera version to the movie version to the ballet version, The White-Haired Girl is only based on vague legends, not on specific people and events. Therefore, all the truths, including the argument of “the Huang Da Shan Ren”, have no factual basis. However, in terms of the closeness to the truth, the existing texts of The White-Haired Girl are more relevant to the reality of the rural areas in the Republic of China than the statement of “the great Huang”. In addition, the reason why The White-Haired Girl can become the weapon of the weak in the modern Chinese revolution is the result of the reconstruction and re-shaping of the legend of the white-haired girl by the combination strategy of class/ethics and the superposition mechanism of growth/ revenge. The continuous process of reproduction of The White-Haired Girl has witnessed the repeated self-adjustment of early socialist realism in the historical changes.
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  Judicial Cooperation between China and the States along the Belt and Road in Cross-Border Insolvency:Dilemma and Solutions

  ZHANG Ling

  Jinan Journal. 2020, 42(6): 61-72.

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  Cross-border investment and trade are developing rapidly in the construction of “One Belt, One Road”, but judicial cooperation mechanisms for cross-border insolvency in states along the route have not yet been established, and the settlement of related disputes involving the Belt and Road Initiatives lacks legal guarantee. The establishment of bilateral and multilateral cooperation mechanism of cross-border insolvency at the international level and the improvement of Chinese cross-border insolvency law are parallel paths for the mutual recognition and assistance of insolvency proceedings between China and the states along the route. It is necessary for China and the states along the route to establish a coordination mechanism of parallel proceedings and information communication mechanism between courts to work out the unbalanced development of cross-border insolvency law and insufficient supply of judicial assistance agreements. To improve cross-border insolvency mechanism in China at domestic level, it's also necessary to clarify the object of recognition, relief measures and the standard of legal reciprocity, protect the interests of domestic creditors from the dual dimension of due process and cross-border insolvency judicial cooperation, definite the boundary of public policy exception clauses in the application of cross-border insolvency cases.
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  Criminal Default Trial: System Design and Theoretical Issues

  NIE Youlun

  Jinan Journal. 2020, 42(6): 73-85.

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  The legal value of the criminal default trial is to restore the destroyed law order by resolving disputes promptly. For a long time, the lack of a system of criminal default trial has made it difficult to solve some practical problems. The recent amendment to the People's Republic of China Criminal Procedure Law has initially established three types of criminal default trial system, which has important implications for the resolution of practical problems and the improvement of procedural law systems. The establishment of criminal default trial system in theory still has difficulties in both the initiation of procedures and the legitimacy of the system. In order to justify the legitimacy of the criminal default trial system, it is necessary to sort out the concept of “in the case” for clarifying the court's overall acceptance of prosecution cases, analyze the value of defendant's “appearance” and discuss the validity of appearance right's limitation.
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  On Data-Driven Public Opinion Governance in Public Crisis Events

  LI Guo, GAO Jingwen

  Jinan Journal. 2020, 42(6): 86-93.

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  Judging from the requirements of modernizing the country’s governance capacity, there are still systematic technical bottlenecks in the governance of public opinion in public crises in China, mainly manifested in the following: massive social opinion data overwhelms traditional public opinion monitoring techniques, making it difficult to understand mainstream public opinion; pluralistic societies are in turmoil, making it difficult to achieve effective emotional mobilization and value leadership; and the increasingly polarized public opinion field makes it difficult to implement effective network intervention. Although far from mature, big data technology provides a lot of momentum to break through these bottlenecks. Relying on massive data on public opinion, in-depth grasping of the inherent laws and modes of dissemination of public opinion in public crises can help promote the improvement of public opinion governance capacity in public crises.
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  Research on the Impact of Sulfur Dioxide Emissions Trading on the “Quantity” and “Quality” of Economic Growth

  FU Jingyan, CHENG Fangfang

  Jinan Journal. 2020, 42(6): 94-107.

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  High-quality economic development needs to strike a balance between environmental protection and economic development, which is also a core issue in the evaluation criteria for environmental policy implementation. Departing from sulfur dioxide emissions trading against the market-based environmental regulation, this study collects provincial samples from 2003 to 2016, and applies the double-difference method to investigate whether the market-based environmental regulation can achieve a win-win situation for both the environment and the economy. This study yields a series of sound and regional heterogeneity tests, which suggests the following findings. First, emissions trading has significantly reduced sulfur dioxide emissions, which shows the effectiveness of the implementation of emissions trading, and has shown a significant promotion effect on both the quantity and quality of economic growth, achieving a win-win situation for both the economy and the environment. Second, after excluding the impact of another market-based instrument, the carbon trading policy, the results remain robust. Third, the impact of emissions trading on economic growth in different regions shows obvious regional heterogeneity. Among them, the dual impact of emissions trading policies on economic growth in the eastern region is not significant, although it has achieved quantitative economic growth in the central and western regions, but does not achieve high-quality economic development.
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  An Empirical Analysis of the Types and Influencing Factors of Credit Constraints of Different Sizes’ Rural Households—An Investigation Based on Micro Survey Data of 720 Farmers

  LIANG Jie, GAO Qiang

  Jinan Journal. 2020, 42(6): 108-120.

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  Based on the survey responded by 720 farmers as subjects in Pingdu City, Shandong Province, this study aims to analyze the heterogeneity of credit restrictions of farmers of different scales and their causes through working with the Probit binary selection model. The research results found that the types of credit constraints and their influencing factors showed differential characteristics. In particular, the concurrent operation makes small-scale concurrent enterprises lack financing demand, and both demand-type and supply-type credit constraints are alleviated to a large extent. In addition, large-scale planters with strong agricultural financing needs cannot afford the higher production and operational risks associated with larger farmland sizes and are vulnerable to more severe demand-based credit constraints; the lack of suitable collateral and guarantors in turn exposes them to more severe supply-based credit constraints. As the large farmland size and diversified production layout of family farms make their expected output and income far higher than the loan cost line, planters have strong financing motivation and face weak demand-type credit constraints; but family farms that lack suitable collateral and guarantor are vulnerable to supply-based credit constraints from financial institutions. Therefore, in order to effectively crack the rural financing dilemma, precise solutions should be developed for farmers of different sizes to improve the matching of supply and demand for agricultural funds.
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  A Study on the Effect of Artistic Participation on Individual Subjective Well-Being: An Empirical Study Based on CGSS (2015)

  ZHANG Suqiu

  Jinan Journal. 2020, 42(6): 121-132.

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  Art is an important factor in building the well-being of an individual's life. In this paper, we evaluate the influence of participation in art activities on individual subjective well-being, using the CGSS data by the Propensity Score Matching method. The results indicate that individuals' subjective well-being will be significantly higher when they participate in the arts activities than when they do not, which means the arts will bring a sense of well-being. However, there were differences in the impact on domain satisfaction, reflecting the inadequacy of the supply of relevant arts services. Further mechanism analysis shows that artistic activities (aesthetic, cognitive, entertainment and social intercourse) are the intrinsic mechanism of art bringing happiness. Moreover, artistic participation improves individual leisure experiences and social capital. In fact, the mediating effects of learning, social and cognitive abilities are significantly positive, while the mediating effects of labour productivity are uncertain since artistic participation will increase individual labour productivity and lead to artistic fatigue due to over-involvement. This in turn has an artistic extrusion effect on labour and reduces the subjective well-being of the individual.