20 August 2021, Volume 43 Issue 8

    

• Select all
  |

• Select
  100 Years of the Communist Party of China: From “the System of China” to “the Governance of China”

  ZHOU Wen, XIAO Yufei

  Jinan Journal. 2021, 43(8): 1-11.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  The 100 years of the Communist Party of China are the 100 years to create history, lay the foundation and open up to the future. The distinctive feature of the 100 year history of the Communist Party of China is that it constantly pushes forward the cause of revolution, construction, reform and rejuvenation; The solemn mission of the 100 year history of the Communist Party of China is to realize the goal of saving, revitalizing, enriching and strengthening the country. The Communist Party of China inherits the profound historical heritage of more than 5000 years of historical tradition, follows the basic principles of Marxism, combines with China's specific reality, and gradually establishes, enriches and improves the socialist system with Chinese characteristics in the great practice of Chinese revolution, construction, reform and rejuvenation. “the System of China” projects the prosperity prospect of “the Governance of China”, and “the Governance of China” highlights the great advantages of　“the System of China”. “the System of China” is becoming more stable and solid, and “the Governance of China” has amazed the world. “the System of China” has four advantages: organizational advantage, power advantage, political advantage and cultural confidence advantage. “the Governance of China” contains four connotations: the governance of political party, the governance of the people, the governance of civilization, and the governance of the world. In the face of the major problems of the times that the international situation in a context of change at a level unseen in a century and where should mankind go in the future, the Communist Party of China always remains its original aspiration and keeps mission firmly in mind, contributing to “the Governance of the world” with the wisdom of “the Governance of China”.
• Select
  Social Welfare Service, Professional Social Work and the Construction Goal of Modern Social Welfare System in China

  LIU Jitong

  Jinan Journal. 2021, 43(8): 12-23.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  The modern social welfare system is mainly composed of six sub-systems: social assistance, social insurance, social welfare service, housing and family, compulsory education, and health care services. Social welfare service is the most important, basic and key part of modern social welfare system. The characteristics of the state welfare system are obvious, such as the nature of state welfare, the legal rights of citizens, taking long-term care of the dependent and vulnerable groups as the priority, the de-commercialization of services, the state welfare finance, and taking professional social workers as the main service personnel. Due to the nature of politics, child and family welfare services are the foundation and the highest level of the national welfare service system. The “national” characteristic of welfare service is mainly embodied in the social welfare financial system, and the “de-commercialization” service can best reflect how state responsibility is taken. Against the background of a law-based country and government, the integration progress of social construction and ruling by law, social welfare legislation, welfare services based on the protection of citizens' rights and the social construction under the rule of law are the strategic focuses and priority areas of the construction of the rule of law in China. Most importantly, the development of a modern and “neutral” social welfare system is not only the most basic and essential requirement for building socialism system with Chinese characteristics, but also the best social safety valve and social stabilizer for a modern, open, pluralistic, democratic and high-risk society. The modern social welfare system is the best embodiment of the superiority of the socialism system.
• Select
  The Circulation of Ancient Letters and Documents: On the Change of the Nature of Zhongzhou Qi Zha from Daily Use to Anthology

  CHEN Guangen, SHAO Chan

  Jinan Journal. 2021, 43(8): 24-36.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  The correspondence initially existed in the form of official document, so the early correspondence literature mainly existed in the “record words” archival nature of Shangshu(《尚书》) and Chun Qiu Zuo Shi Zhuan (《春秋左氏传》)and Records of the Historian's Biographies, which had the nature of “rhetoric comparison” and private recording. Since the Han and Wei Dynasties, the development of private letters and the inflow of documents into the collection of documents reflect the development and growth of the Confucian class. Since the Tang and Song Dynasties, the correspondence literature has been specialized and written. At the same time, with the help of the development of daily use books, it has realized the writing and popularization, reflecting the social transformation of the Tang and Song Dynasties. The classification of Zhongzhou Qi Zha (《中州启札》) in bibliography has experienced the evolution process from Zi Bu Lei Shu (子部类书), Za Wen (杂文) and then to the Ji Bu (集部) from the circulation of letters and documents. Its nature has experienced the evolution process from daily use to special collection. This change reflects the marginalization of Confucianism, the declining status of Confucians in the Yuan and early Ming Dynasties, and also witnesses the development of Confucianism since the mid-Ming Dynasty and the process of the country returning to the track of reform in the Tang and Song Dynasties, and the heterogeneous characteristics of strengthening the national ideology.
• Select
  The System of “Huajing” in the Process of Governing Han Land by the Yeke Mongghol Ulus in the Period of Emperor Taizong of the Yuan Dynasty

  QU Wenjun

  Jinan Journal. 2021, 43(8): 37-47.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  During the period of Ögedei, the second qan of the Yeke Mongghol Ulus, the system of “Huajing” was carried out in Han land. This system began at the end of the Jin Dynasty, because the “qubi” enfeoffment scheme for agricultural areas was rejected. The system of “Huajing” divided the original land of the Jin Dynasty into ten parts, each part setting up yeke daruqachi, responsible for maintaining social order, supervising the development of military and civil affairs in the region, and supervising the construction and stabilization of local administrative system. This system of “Hua-jing” originated from the political practice of the Yeke Mongghol Ulus in Genghis Khan period, and had nothing to do with the institutional traditions of the Han nationality. The system of “Hua-jing” was closely related to the formation of the “Zongguanfu Lu” in the Yuan Dynasty. However, with the implementation and customization of the system of “Lu-Fu-Zhou-Xian”, it eventually disappeared in the fourth qan period, that is, in the period of Emperor Xianzong
• Select
  The Forming Logic of Learning Policy Change in Local Governance—Based on the Comparative Analysis of Gradual and Compulsory Paths

  YANG Zhijun

  Jinan Journal. 2021, 43(8): 48-61.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  To achieve good governance in human society, it is necessary to continuously promote policy and system changes, in which the two elements of rationality and learning, and the two types of gradual and mandatory run through, resulting in different learning policy change paths based on gradual rationality and mandatory rationality. The gradual learning policy change path establishes a regular and benign policy change model through the tripartite negotiation and interaction between the government, the market and the society, and analyzes its characteristics related to policy learning and social learning through the practical application of car-hailing reform. The change path of mandatory learning policy embodies the behavioral mechanisms of “interruption-balance”, “appeal-result” and “impact-response”. The characteristics of “immediacy, negativity of decision-making changes, collusion of project undertaking, and transformative nature of the environmental protection system”. The mechanisms and trends of the two policy transition paths are different, and they are also different in terms of policy legitimacy, motivational conditions for learning, and mechanism effects. It is a mid-to-long-term governance goal to promote and realize the modernization of national governance through the modernization of local governance. The path of learning policy change must be paid attention to and explored.
• Select
  Establishing Public Policy Performance Evaluation as a Distinctive Type and Promoting Its Practices at Provincial Level

  LU Yangfan

  Jinan Journal. 2021, 43(8): 62-74.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  As the frontier of the government performance evaluation, the public policy performance evaluation is facing an urgent need for independent and deepening development. Establishing the evaluation as a distinctive type is based on public policy's special subject structure, decision-making mechanism and evaluation technology paradigm, all calling for an exclusive space. The evaluation differs from the public policy evaluation in the technical method, differs from fiscal expenditure performance evaluation in the focus of content, and differs from government department as well as overall performance evaluation in the effectiveness of accountability. Public policy performance evaluation has distinct advantages in system structure and system function. Performance-oriented public policy budget management may drive the government organizations and behaviors to be more flexible. To this end, we should further promote the practice of public policy performance evaluation through clear and targeted efforts on its value orientation, organizational mechanisms, technical standards, and knowledge use.
• Select
  A Pareto-Efficiency Interpretation of Mitigation Rule and the Institution Construction upon its Basis

  ZHANG Jinhai

  Jinan Journal. 2021, 43(8): 75-88.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  Pareto-efficiency theory can explain mitigation rules most directly and reasonably. If the obligor breaches, there may be different means of realizing the obligee's expectation interest, mitigation rule approves the one which can reduce loss and then release the obligor's burden. With the guidance of Pareto-efficiency, we should ensure the obligee's interest in non-money and money performance, require the obligee not to expend costs futilely, not to let damage to integrity interest occur or expand. Instead, we can thoroughly and systematically construct the requirements of mitigation rule. The constraining factors of mitigation requirements can also be orderly organized based on the conception of Pareto-efficiency: mitigation requirements should not be detrimental to the obligee's expectation interest; mitigation requirements should be effective and not impose heavy burden on the obligee; adoption of the scheme which benefits the obligor is not unconditional. The obligor should be liable for the loss that the obligee has not mitigated reasonably because of the lack of economic resources.
• Select
  Age Criteria of “Children's Consent” in Personal Information Processing

  FENG Kai

  Jinan Journal. 2021, 43(8): 89-100.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  In the personal information protection law, the age limit of “children's consent” is defined to provide an objective standard to judge whether a consent by a child is effective. The essence of the age of children's consent still lies in the ability of children's consent, which is influenced by the theory of capacity for conduct rooted in the traditional civil law, and shows certain independence due to the separation of capacity theories for consent and conduct, thus promoting a different age criteria of “children's consent”. In order to set a reasonable age threshold, it is necessary to explain the legitimacy basis of “children's consent”. At the same time, the unification of the age criteria of “children's consent” meets the inherent requirements of the law, but it is also difficult to deal with the practical differences among different children, which is not conducive to the exercise of children's independent decision-making rights and the protection of the trading counterpart's trust interest. Upon the premise of setting the unified age criteria of “children's consent”, it is still necessary for China to provide the exceptional norms to enhance its practical adaptability.
• Select
  An Analysis on the Essence of the Right of Defense

  WEI Hantao

  Jinan Journal. 2021, 43(8): 101-116.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  The essence of the right of self-defense is the basis for the establishment of the conditions and the source of explanation for conditions. However, most domestic scholars focus on introducing foreign theoretical theories, so that there is no consensus on the right of legitimate defense. This is the main reason why the interpretation of the conditions of self-defense is endlessly controversial, and it is also a deep reason why the judicial judgment of defense cases is not convincing. As the measurement of the amount of legal interest and the judgment of legal interest rank become more and more difficult, the explanatory power of “the theory of measuring legal interest” and “the theory of superior interests” is getting increasingly weaker. The “social order maintenance theory” is difficult to perform the function of explaining the conditions of self-defense, and the “individual self-preservation theory” cannot deduce the boundaries of self-defense. Only the “social correspondence theory” reveals the foundation of the right of self-defense. The theory is close to the source of natural law of self-defense. It has the strongest explanatory power. It can realize the connection between legal principles and affairs, which will make the self-defense more grounded. The theory supported by the case of justified defense guidance. In addition, taking social correspondence as the basis of the right of self-defense will not return to the confusion of law and morality. The flaws in the judging standard of social correspondence can be overcome, and the problems of unlimited judging factors and multiple judging standards can be resolved.
• Select
  Accelerator or Stabilizer? Stock Market Liberalization and Enterprise' Financialization: Evidence from Shanghai-Hong Kong Stock Connect

  SUN Zhihong, LIU Bingrong

  Jinan Journal. 2021, 43(8): 117-132.

  Abstract ( ) Download PDF ( )   Knowledge map   Save

  Whether the stock market liberalization intensifies or restricts the real economy “removing from substantial economy to fictitious economy” has always been the focus of the government departments and academic circles. Based on the “Shanghai-Hong Kong Stock Connect” trading scheme as a natural experiment, this paper uses the data of Chinese A-share listed enterprises in Shanghai and Shenzhen stock markets from 2012 to 2016 to build a difference-in-differences model, and investigates the impact of stock market opening on enterprises' financialization and its mechanism from a micro perspective. It is found that the implementation of Shanghai-Hong Kong Stock Connect significantly inhibits the “removing from substantial economy to fictitious economy” of enterprises, and the effect is more obvious in large-scale, state-owned enterprises and regional enterprises with high marketization degree and judicial efficiency. The mechanism analysis shows that “Shanghai-Hong Kong Stock Connect” has improved the internal governance of companies, effectively suppressed the speculative arbitrage motive of enterprises, strengthened the external supervision role of foreign investors, increased the information content of stock prices and the degree of information disclosure, and thus has restrained enterprises from Financialization. It is further found that good governance and effective financial supervision play key roles in the above mechanism. The above findings provide some references for deepening the opening of the stock market and orderly guiding the “removing from fictitious economy to substantial economy” of the economy in the new era.