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JOURNAL OF ZHEJIANG UNIVERSITY 2020 Vol.6 Number 6
2020, Vol.6 Num.6
Online: 2020-11-10

Article
 
Article
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2020 Vol. 6 (6): 1- [Abstract] ( 248 ) [HTML 1KB] [PDF 1637KB] ( 330 )
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2020 Vol. 6 (6): 3- [Abstract] ( 174 ) [HTML 1KB] [PDF 0KB] ( 12 )
5 ZhangBaosheng  WangDianxi
The Development Trajectory of China’s Judicial Civilization (2015-2019):Employing the Chinese Justice Index as Analytical Tool

In the context of advancing the rule of law in an all-round way, the Third Plenary Session and the Fourth Plenary Session of the 18th Central Committee of the CPC successively proposed that a scientific rule of law construction index system and assessment standards should be established, and a third-party evaluation mechanism should be introduced in the construction of the rule of law and judicial reform to better monitor the effects of judicial civilization development. The establishment and improvement of the judicial civilization evaluation mechanism is conducive to promoting the comprehensive construction of Chinese judicial civilization in various fields.It helps to advance Chinese judicial civilization at the world level. However, the practice of judicial evaluation, shows various and significantly differing results. For example, the average score of Chinese justice in the ″WJP Rule of Law Index″ from 2015 to 2020 is less than 50 points, which contrasts with the results of the self-evaluation by the domestic judicial agencies or the entrusted third-party evaluation, which appear to be unreasonably high, with an average of over 80 points. The contrast in the results of various evaluation systems has raised concerns over the actual level of Chinese judicial development. Based on an analysis of the survey data from the Chinese Justice Index 2015-2019, this article attempts to reveal the development trajectory and overall level of Chinese judicial civilization in the past five years, and analyze the reasons for the obvious differences of various evaluations, and to foreground the future direction of judicial reform. The main findings of this study are as follows: First of all, the Chinese Justice Index rose from 64.5 points in 2015 to 70 points in 2019,considered a ″passing″ degree indicating that the development of Chinese judicial civilization is progressing, and reflecting the effectiveness of China’s comprehensive promotion of the rule of law and the deepening judicial reforms in recent years. Second, the development of Chinese judicial civilization has problems of inter-provincial asynchronization and regional imbalance. From 2015 to 2019, there were differences in the level of judicial development among different provinces, showing that there were inconsistencies in the inter-provincial comparison. The score of the Chinese Justice Index in the economically developed eastern regions was higher than that of the central and western regions, which indicates that there are regional differences in the degree of judicial civilization development between the eastern, central and western regions, but these differences are gradually shrinking. Third, the development of the internal structure of judicial civilization is not synchronized, and shows a different ordering pattern, indicating that there is a structural imbalance in the construction of judicial civilization, so it is necessary to maintain the coordination of different dimensions of judicial civilization. At the same time, the indicators of judicial civilization show the trajectory of stepped changes with the passage of time, and the fluctuations between the annual values of indicators, indicating that the progress of judicial civilization is a fluctuating process with a rising overall trend, so it is more important to emphasize the sustainable development of judicial civilization. Finally, through the analysis of five-year survey data from the Chinese Justice Index, we also found that judicial powers, litigant rights, civil judicial procedures, criminal justice procedures, administrative judicial procedures and judicial publicity constitute the main dimensions of judicial civilization progress or strength, while the evidence system, judicial corruption containment, legal professionalization and judicial culture are the weak points. Therefore, in order to carry out judicial system reform, strengthening the construction of weak indicators in judicial civilization such as judicial culture, legal professionalization, and protection of the rights of litigants, as well as improving the judicial reform evaluation mechanism.

2020 Vol. 6 (6): 5- [Abstract] ( 306 ) [HTML 1KB] [PDF 2324KB] ( 436 )
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2020 Vol. 6 (6): 10- [Abstract] ( 197 ) [HTML 1KB] [PDF 0KB] ( 13 )
15 Cheng Long
Observing the Nature of Era in China from the Marxist View of the Times

As the core content of the view of the times, the nature of the times is determined by the dominant mode of production, the social relation, communication relation, and forces or factors in the times. How to understand the nature of the times in contemporary China? It is the important ideological premise that we grasp the ″two overall situations″ accurately, and highlight China’s positive role in promoting global change, and sum up the laws of historical development, as well as promote Socialism with Chinese Characteristics for a New Era . However, there are few specialized researches on this topic at present. Some scholars believe that we are now still in the ″age of capitalist society″ as is called by Marx, or Lenin’s ″era of imperialism and proletarian revolution″ and ″era of financial imperialism″. Although there is theoretical basis for this view , it does not fully reveal and reflect the changes of the times. For such a view can not explain the ″profound changes unseen in century″ or how socialism with Chinese characteristics has entered a ″new era ″. Since the second half of the 20th century, the development of science and technology in the world has shown the tendency of ″changing with each passing day″ and ″A thousand miles a day″. The transformation of human production mode, communication mode and social relations is even more earth-shaking. Especially with the entrance of the 21st century, a new round of technological revolution marked by big data, cloud computing, Internet of things, 3D printing and so on has changed the condition of human production and life at an unprecedented speed. We are in a fundamentally different situation from Marx and Lenin’s. We should take the theory of classical writers as the method and basis for further research but not imitate or copy their conclusions. To grasp the nature of contemporary China, we must take the Marxist view of the times as the coordinate axis and take the combination of historical logic and realistic logic as the basic method, and make a concrete analysis of the mode of production, along with the mode of communication and the social relations around the world, from which we draw a persuasive conclusion. First of all, from the perspective of the world pattern, this is the era of Western hegemony recession and the peaceful rice of China. Secondly, from the development model view, this is the era when the western model dominates the world will come to an end while the China model becomes mature. Thirdly, in regard of development motive force, this is an era when China and the West compete for the leading power of the new industrial revolution, and it is possible that China pilots in the fourth industrial revolution. Finally, from the perspective of global problems, This is an era in which Western governance weakens while China takes initiative in participation in global governance.

2020 Vol. 6 (6): 15- [Abstract] ( 463 ) [HTML 1KB] [PDF 1746KB] ( 404 )
20 Chen Fei
Rethinking Publicity: Marx’s Sublation of Ancient Greek Public Thought

The ethical and political philosophy of ancient Greece, which takes the publicity of the city-state as its core, deeply influenced Marx’s thought on publicity, but the two differ essentially on some major issues. The public spirit and the idea of community in the ancient Greek city-state provided Marx with rich insights into the construction of an existing form of humanity characterized by the harmony between by the individual and the community, and with the important theoretical inspirations for criticizing private egoism and social division in capitalism. The Greek public spirit made Marx realize that the private nature of capitalist society had violated essential human freedoms, and that human beings are characterized by both public life and private egoism. In his view, capitalist society comprised egoism and utilitarianism lacking any public elements, instead of public spirit and its ethical ethos. The classical Greek domestic economy, closely related to the realization of virtuous life and the maintenance of the city-state community, was mainly aimed at the protection and realization of a non-economic good, rather than at the growth of economic profits. In spite of his dissatisfactions with slavery and the contempt for labor in the Greek city state, Marx derived important inspirations for his criticism of the capitalist market economy and perspectives of the future economic formation from the classical domestic economy, which provided Marx with a public economic formation different from the exchange economy, subject to human beings without independence and autonomy. It exists not just for its own growth, but for the human communities and individual self-realizations. United individuals control production and exchange, and make the economy subordinate to the real needs of human beings. It will overcome all evils in the classical domestic economy and the capitalist economy. The city-state community had common values and goals, the people living the rein could thus acquire a common consciousness of mutual recognition, and their life and world had a natural unity. Correspondingly, all members consciously combine the significance of their existence with the rules and the total interests of the community, and develop a sense of solidarity in their interactions and lives. Marx’s construction of the association of free individuals draws a number of insights from this classical community. First, the community is the basic and indispensable guarantee of individual self-realization. Second, the life ideal of the Greek city-state community is intrinsically consistent with the public life in the Marxian association of free individuals. Third, the distinction between the private and the public sphere in ancient Greece directly inspires Marx’s idea about the realm of necessity and of freedom. However, Marx goes further than the classical political philosophy, for the association of free individuals absorbs not only the city-state ideal, but also the real status of the modern people, demonstrating essential differences from the city-state community.

2020 Vol. 6 (6): 20- [Abstract] ( 314 ) [HTML 1KB] [PDF 1677KB] ( 421 )
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2020 Vol. 6 (6): 25- [Abstract] ( 271 ) [HTML 1KB] [PDF 0KB] ( 16 )
30 Li Jingsong
Beyond the Productivist Paradigm: Exploring the Lock-in Effect of Institutional Innovation in the Transformation of Global Agri-food System

The paradigms of productivism, post-productivism, and neo-productivism dominated the global agri-food system in turn since 1945, and the current system is still in the making with the trends of industrialization, globalization, corporatization, and transition towards sustainability. For a long time, the impacts the system generated on the environmental, agrarian, and food domains unavoidably lead to the following seven key issues: (1) The contemporary mode of agricultural production is continuously generating environmental impacts, instead of eliminating them; (2) The process of putting the ideology of sustainability into practice is slow and less effective; (3) Although confronting pressures, agriculture is still profoundly influenced by the productivist paradigm; (4) As the modern agri-food sector can hardly be independent of the distant market and the global supply chain, the space for smallholder farmers’ in this sector has been massively narrowed down; (5) The ″food from nowhere″ regime has either apparent or potential impacts on food safety; (6) The quality turn in food consumption has offered market opportunities, and possibly develops new profit space for corporations; however, it could not guarantee food access for all consumers; (7) The privatization of food security is aggravating the vulnerability of agricultural production and the food supply system. The impacts generated from the above issues have weakened the legitimacy of the current system and have also been the driving forces for transformation. However, the lock-in effects generated by the mainstream institutional system have constrained the capability of the system in problem-solving; as a result, the productivist paradigm still dominates the agri-food sector. This research focuses on the lock-in effects concerning the seven issues alongside regime change in the agri-food system, and analyses how the ″lock-in″ happened and what the structural causes were. This research has discussed three lock-in trajectories identified during the transformation, which are: (1) The problem/conflict has become deepened in the process of change, such as agrarian and food security issues; (2)The alternative strategy for problem-solving has been limited or narrowly interpreted, such as environmental issues; (3) The alternative strategy has been conventionalized in terms of its core value and means when incorporated into the mainstream institutional system, such as food safety issues; (4) Based on lessons from the past, we cannot merely rely on systemic adjustment to the systemic problems; as this could even accomplish the very opposite. The evolving process of ″productivist - post-productivist -neo-productivist″ systems shows that the transformation has not successfully tackled the problems encountered at different stages, while deepening the structural conflicts. The existence of the lock-in effects is the consequence of institutional path dependency under neoliberal discourses, which sets up obstacles for system innovation. Given the fact that the current agri-food system is at a crossroads, to break through the lock-in effects and loosen the system for innovation, it is necessary to deepen the understanding of the agri-food system in a reflexive manner, provide protected space for problem solving-oriented novel practices, and ensure useful feedback from niche-regime interactions.

2020 Vol. 6 (6): 30- [Abstract] ( 290 ) [HTML 1KB] [PDF 1732KB] ( 353 )
35 Cheng Mingda Dang Jingqi Ye Chunhui
The Influence of Perception Bias of Peasants’ Household Income Status on Children’s Mental Health: Theoretical Logic and Empirical Evidence

China’s sustained, rapid economic development and structural transformation since the Reform and Opening-up have brought about social problems such as the increasing cost of raising children, the shortage of high-quality educational resources and the growing pressure on employment. These social issues make Chinese children face an environment of growing up with increasingly fierce competition and multiple pressures of study and life, resulting in a large number of children with psychological problems such as anxiety, fear, neurasthenia, obsessive-compulsive disorder and depression. Furthermore, rural areas have become increased rates of children’s mental health problems, with added factors of left-behind children and rural household poverty caused by the structural imbalances between urban and rural development. It is therefore of great theoretical and practical significance to study the factors affecting children's mental health in rural areas so as to promote healthy growth, educational improvement, human capital accumulation, and social stability. The existing literature mainly focuses on the objective material conditions of rural households, such as real income. They believed that the rural children’s mental health is closely related to household characteristics, and the improvement of household income level plays an important role in promoting children’s mental health. There is however, a research gap that the subjective cognition and evaluation of the income level and economic status of the rural household members, especially the head or the financial supervisor of the household, was ignored. This study is based on the perspective of household income status perception bias and the D-K effect, and we have constructed a representative behavior model of household income status perception bias for theoretical analysis, and we have also adopted the data from Chinese household tracking surveys in 2012, 2014, and 2016 to empirically analyze the mechanism and channel of household income status perception bias on children’s mental health. The research results reveal that: (1) There is a significant negative correlation between household income level and income status perception bias, and poor households are likely to have income status perception bias; (2) The income status perception bias of poor households has a significant positive impact on their gift-giving expenditure and a significant negative impact on the expenditure for children’s education: a greater overestimation of poor household’s income status leads to more gift spending and less expenditure for children's education, which will change the structures of household expenditure; (3) The poor household income status perception bias has a significant negative impact on the mental health status of their children, whereas the household expenditure for children's education has a significant positive impact on children’s mental health status: a greater overestimation of poor household’s income status results in their children’s greater mental pressure. The above results remained robust under different poverty groupings, variable types, clustering hierarchies and regression models. This study provides a new story for children’s mental health-related research, based on the unique economic and cultural background of China, the world’s largest developing country. This study specially spotlights the rural households, especially poor rural households, and enriches the conclusions of existing research from new perspectives such as perception bias and household expenditure structure, thus complementing the latest literature on the accounts and influence mechanisms of children’s mental health. Furthermore, the policy implications based on empirical results are of great significance to improve the mental health of children in poor rural households in developing countries, and contribute to promoting the sustainable development of households and child welfare.

2020 Vol. 6 (6): 35- [Abstract] ( 384 ) [HTML 1KB] [PDF 1827KB] ( 282 )
45 Hu Jianmiao Hu Maojie
The Difficulty and Resolution of Dichotomy in Administrative Action: Introduction and Reconstruction of ″Generalized Adjudication″

Administrative action regulated by administrative law is a core concept in the administrative law of every country, especially in the civil law system. Due to the diversity and complexity of administrative actions in application, administrative law circles must use effective classification methods when conducting theoretical research on administrative actions or regulating that by legal norms. Two main aspects account for the necessity of classifying administrative actions. Firstly, in terms of the meaning of theoretical research, there are such enormous differences in characteristics, contents, factors, and effects. Among different types of administrative actions that it is impossible to summarize some valuable and universal rules if the classification of all types of administrative actions from realistic ones is undone. Secondly, in terms of the practice of rule of law, the classification is the presumption of constructing related principles and systems. It is generally acknowledged that there are two basic functions in enforcing administrative power by any administrative agency, the first one is rulemaking, the other being adjudication. Based on this, dichotomy is the most important method in the research on the classification of administrative actions in various countries. However, when countries adopt relevant standards to take a dichotomy for administrative actions, the problem of intermediate-state appears. This kind of intermediate-state actions has both the characteristics of rulemaking and adjudication, and it is not convincing to characterize this kind of intermediate-state actions as either. Until today, this problem has not been effectively solved in our theoretical research and the practice of administrative law. Theoretically, without analysis and conceptual definition of these intermediate-state actions, it will certainly cause confusions and difficulties in the practice of the rule of law, making it impossible to clarify formal elements, illegal consequences and judicial protection and other theoretical and operational issues. In their approach to this intermediate-state problem of countries around the world, the most effective resolution is the mechanism and concept of ″generalized adjudication″ from Germany. It not only settles the intermediate-state problems, but also pushes the administrative adjudication to break through the constraints of the specific counterpart and makes clear the legal attribute of the administrative action that is aimed directly at the object. The influence of the ″generalized adjudication″ from Germany goes further. It also influences many other civil law countries and regions on their administrative law theories and systems of legal norms. Based on the background of administrative law theory and judicial practice in our country, it is feasible to lead in ″generalized adjudication″ to resolve the intermediate-state problems, as there are three reasons: (1) for a long period, the construction and development of the administrative law system in our country has been deeply affected by Germany; (2) the problems we are facing are similar to those of Germany; and (3) the research methods of the two countries are basically the same. For introducing the ″generalized adjudication″ concept into China, we should firstly fix the standards of dichotomy between administrative regulations and administrative adjudications by abolishing the long-standing misunderstanding of the counterpart of administrative adjudication. Secondly, either the standard of ″specific factual relationship″ in Germany or the standard of ″can be applied repeatedly″ in China has some vagueness. Because of that, it ought to adopt the standard of ″can be used to regulate similar affairs″ as the only basis to distinguish administrative regulations and administrative adjudications. This means that the direct effect of administrative adjudication merely acts on the ″affair″ it deals with, but is absolutely ″not″ available for ″the same affairs″ that have already happened or are likely to happen, while the effect of administrative regulation is able to act on the same affairs, this being the essential difference between them. Thirdly, the ″generalized adjudication″ concept needs to be normalized and institutionalized in order to combine with the administrative law system of our country. Only by doing this can we actually resolve the intermediate-state problem on the dichotomy of rulemaking and adjudication.

2020 Vol. 6 (6): 45- [Abstract] ( 245 ) [HTML 1KB] [PDF 1796KB] ( 505 )
48 Lu Qing Zhang Xiaoying
《民法典》时代近亲属同意规则的解释论重构

On the issue of informed consent for medical measures, Paragraph 1 of Article 55 of Tort Law of the PRC stipulates that if it is not appropriate to explain to the patient, the medical staff shall explain to the patient’s close relatives and obtain their written consent. The ″close relatives’ consent″ rule has caused a lot of controversies in practice, mainly involving three aspects: first, how to understand ″not appropriate to explain to the patient″; second, how to define the ″close relatives″ stipulated in this article; third, how to deal with situations where medical decisions made by close relatives (may) harm the interests of patients. Article 1219 of the newly adopted Civil Code of the PRC modifies the prerequisite for patients’ close relatives to exercise the right to make decisions on diagnosis and treatment activities. This legislative change and the promulgation of Civil Code itself will undoubtedly affect the interpretation and application of the relative issues. Therefore, it is necessary to reconstruct the ″close relatives’ consent″ rule through interpretation from the perspective of the systematic integration of civil law norms. Regarding the normative prerequisites for consent by close relatives, Article 1219 of Civil Code changes ″not appropriate to explain to the patient″ to ″impossible or inappropriate to explain to the patient″. The expression ″inappropriate to explain to the patient″ here should be interpreted as the necessity of taking protective medical measures for the patient, while ″impossible to explain to the patient″ should be interpreted as the patient’s lack of consent capacity for relevant medical measures. In these two situations, the ″close relatives’ consent″ rule is designed to protect the patient’s rights and interests to the maximum extent, rather than to achieve the interests of close relatives or the family community. If the patient lacks capacity for civil conduct at the same time, the guardian priority principle is followed; where there is an intended agent, based on the respect for the patient’s self-determination, the intended agent is also preferred in principle, but whether the authority agency is effective or not must be judged carefully. Regarding the definition of the patient’s close relatives, the normative definition of close relatives in ″Marriage and Family″ Book of Civil Code should also apply to the field of the patient’s close relatives. Where there are multiple close relatives, rigid order rules should not be adopted, but certain procedural rules need to be determined by reference to guardianship or heir order. When deciding which close relatives to ask for consent, the specific scenarios of medical activities should also be considered, and the disadvantages caused by the above procedural rules should be resolved with the medical institution’s contractual disclosure obligations. Regarding the restrictions on consent by close relatives, when the patient lacks capacity for civil conduct, and the patient’s guardian exists among his close relatives, the medical institution can apply to the court to revoke the guardian’s duty to prevent his improper decision from harming the patient’s fundamental interests. In cases where close relatives do not belong to the guardian, and the decision made by them clearly harms the patient’s interests, the medial institution may reasonably reject close relatives’ improper decision based on its contractual obligations to protect the patient. In general, the Civil Code modifies ″not appropriate to explain to the patient″ to ″impossible or inappropriate to explain to the patient″. Although only a word difference, it has a significant impact on the systematic interpretation of the ″close relatives’ consent″ rule. However, no matter how the legislative level changes, the focus of interpretation and application is always on the exploration of legal norms and the response to practical problems. Through the empirical study of the micro-system, we can draw further conclusions: hermeneutics in the era of Civil Code is still a problem-oriented discussion. It will not cut off reality, but just a continuation of reality.

2020 Vol. 6 (6): 48- [Abstract] ( 265 ) [HTML 1KB] [PDF 1788KB] ( 472 )
50 Mo Shenjiang Zhao Yu
Translating ″Hehe″ into Innovation: A Case Study on Coordinated Innovation System in Zhejiang Daily Press Group

At present, it is imperative that traditional media must develop with new media. However, the overall performance of the transformation of most traditional media, especially newspaper groups, is not ideal. Thus, it is urgent to answer the key question that how to effectively promote the integration of traditional media and new media and achieve breakthroughs in innovation and performance. Zhejiang Daily Press Group (ZDPG) is a typical traditional media organization. However recently, ZDPG has successfully completed a ″three-end integration″ of Zhejiang Daily Newspaper (ZDN), Zhejiang Online Website (ZOW) and Zhejiang News Client End (ZNCE). Therefore, based on the multi-team system literature and the process-oriented theory of team knowledge emergence, combining the traditional Chinese thinking framework of Hehe(″Harmony and Integration″), a single case study on ZDPG was conducted to clarify the mechanisms through which a coordinated innovation system can be developed combining traditional media and new media. The results show that: (1) Two components are included in ZDPG’s coordinated innovation system: professional teams that conducts in-depth learning and innovation based on external customer demands, and support teams that provides common knowledge and skills for innovation based on internal customer needs. On one hand, while the professional teams such as newspapers, websites and client ends are required to achieve system-level integration, they still need to clearly define the differences between them and introduce customized products which are ″harmonious but different″ in respond to their key customers’ expectations. On the other hand, while support teams are formed at the system level, they are still expected to respond quickly to the various innovation needs from different professional product teams. (2) Intrapreneurship and project incubation are encouraged in ZDPG. Through these efforts, multiple professional teams are more willing to break the identity boundaries, gain knowledge insights from members in other professional teams, and gradually achieve innovation-oriented knowledge and skills to the collective system. (3) Optimization of associated performance appraisal is emphasized in ZDPG. Specifically, performance indicators of support teams in the ″Central Kitchen″ are closely associated with the innovative performance of professional product teams. Thus, support teams are highly motivated to share collective knowledge and skills with different professional teams to achieve product innovation. Therefore, this study indicates that it is essential for traditional media organizations to develop a coordinated innovation system. On one hand, differences inside the multi-team system can be significantly reduced and common knowledge and cross-understanding can be created through intrapreneurial practices. On the other hand, differentiated needs can be satisfied with associated performance appraisal. This study significantly extends the multi-team system literature by proposing a new concept of coordinated innovation system as well as its influence mechanisms. Moreover, this study also contributes to the process-oriented theory of team knowledge emergence by demonstrating two key mechanisms through which individual professional teams with unique knowledge can successfully collaborate with system level support team with collective knowledge and skills. This study also has important implications in management. Specifically, developing a coordinated innovation system is an effective way to integrate traditional media with new media to improve innovation and performance. Such implications are also valuable for transformation of large enterprises in other industries.

2020 Vol. 6 (6): 50- [Abstract] ( 255 ) [HTML 1KB] [PDF 2121KB] ( 281 )
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2020 Vol. 6 (6): 55- [Abstract] ( 227 ) [HTML 1KB] [PDF 0KB] ( 15 )
60 Hu Kexian Lin Jie
On the Immortality Implication of Zhenzi Feishuang Mirror and Poetry in the Tang Dynasty

The bronze mirror emblazonry of the Tang Dynasty, like poems, legends, paintings, stone carvings, and tomb murals, was a true reflection of the social fashion at that time,especially in the middle and late Tang Dynasty, when the motif of immortals' stories appeared in bronze mirror emblazonries, such as the Moon Palace Mirror, the Flying Fairy Mirror, the Zhenzi Feishuang (真子飞霜) Mirror, and Wang Ziqiao Playing the Sheng to Attract the Phoenix (王子乔吹笙引凤) Mirror, and were full of a strong sense of the immortal spirit. The Zhenzi Feishuang Mirror, which combined the patterns with the inscription, highlighted the moodof pursuing immortality in the Tang Dynasty. This is manifested in the scholar-officials' admiration for the immortal and their praise of the Taoist in Tang Poetry. Tang Mirror Emblazonry and Poetry show the Tang Dynasty social trend of pursuing immortality from both material and spiritual aspects. First of all, the inscriptions of ″Zhenzi Feishuang″ and ″Phoenix Double Mirrors″ have deep Taoist connotations. The four characters ″Zhenzi Feishuang″ in the bronze mirror of the Tang Dynasty confirmed the popular social climateof refining Dan medicine in the Tang Dynasty. The inscription of ″Phoenix Double Mirrors″ is that ″The Double Mirrors were made of the finest copper and tin from the south, with the patterns of yin and yang which meant the sun and the moon would always meet each other. The Double Mirrors were in a white jade box with lotuses on it, fastened to the knobs of the Double Mirrors were ribbons inlaid with emerald jade. The two with one mind and one heart, was the mirror of their loyal heart forever.″ This kind of bronze mirror is usually used by lovers or couples, suggesting their love will last forever. Its inscription also conveys the Taoists' harmonious concept of yin and yang. Therefore, the inscription of Zhenzi Feishuang Mirror is interpreted from the perspective of Taoist health preservation, the performer in the emblazonry of Zhenzi Feishuang Mirror generally refers to the Tao; dense and secluded bamboo forests, lotus leaves in pond, auspicious clouds, and mountains inhabited by immortals are the external environment for their self-cultivation, while the soaring crane is the symbol of its ascension to the celestial being; in the inner circle, the inscription ″Zhenzi Feishuang″ means refining Dan medicine; the poem inscription ″Phoenix Double Mirrors″ in the outer circle points to the harmonious principle of yin and yang in the cultivation of Taoist internal Dan medicine. Thus, the main meaning expressed by Zhenzi Feishuang Mirror is to obtain immortal life through the combination of internal Dan medicine and external Dan medicine. Secondly, the story theme of the Zhenzi Feishuang Mirror has gone through the process from prototype to metamorphosis. The emblazonry of Zhenzi Feishuang Mirror overlaps many stories of the immortals, such as Shun playingmusic to attract the phoenix, Xiao Shi playing the flute to attract the phoenix, Wang Ziqiaocontrolling the crane to ascend to immortality, Emperor Xuanzong of Tang playing the flute to attract the crane, etc., which seem to be specific but are not, and it is difficult to distinguish them. Through comparison of the literature, it can be found that the theme of the emblazonry on the Zhenzi Feishuang Mirror is the integration and transformation of the several stories listed above. The emblazonry integrated the popular immortals' stories and legends of that time, and combined a set of new images, which showed that the Taoist lived in dense and secluded bamboo forests, played the Sheng to attract the phoenix, and then ascended the celestial to attain immortality.  In addition, the writing of ″Zhenzi″ in Tang Poetry confirms the wish of the Tang people for an immortal life. If the Zhenzi Feishuang Mirror is the embodiment of the immortal belief in the material life of the Tang people, then the Tang Poetry with the theme of immortality mirrors the spiritual pursuit of the Tang people. They prove that the Tang people cherish life from material and spiritual aspects respectively, which is mainly reflected in scholar-officials' admiration for the immortal figures such as Wang Ziqiaoand the praise of the Taoistin reality in Tang Poetry.

2020 Vol. 6 (6): 60- [Abstract] ( 465 ) [HTML 1KB] [PDF 5216KB] ( 433 )
65 Han Da
Tablet Inscriptions, Epitaphs and Historical Biographies: A Study of Literary Writing and Historical Facts in a Multi-text Context — Focusing on ″Epigraph of Yang Zhiyi″ and ″Yang Zhiyi's Tombstone″

With the emergence of a large number of newly unearthed documents,the study of Tang Dynasty literature has also made progress. Especially through the comparison of newly unearthed documents and handed-down documents, traditional epigraphy has further developed in the modern academic context. However, the discovery of new documents does not mean a complete subversion of previous studies or even historical conclusions. Its value lies in making use of the rich information provided by epitaphs and inscriptions to supplement and perfect the historical details. We should also keep a calm and objective attitude towards the utilization of unearthed documents. This paper starts from the perspective of literary research and employs close reading as the main method to analyze the differences between unearthed documents and documents which have been passed (over time), and identify the causes of textual fissures.  The newly unearthed ″Yang Zhiyi's Tombstone″ has an extremely high literary value. This stele was written by Zhang Yue, a famous chancellor of Tang Xuanzong. After comparing it with the ″Epigraph of Yang Zhiyi″ by He Zhizhang, we can find that there are three obvious differences in the historical narrative. Yang Zhiyi once participated in the Shenlong coup as a Qianjishi, helped Emperor Zhongzong to return, and alsohelped to put down a border rebellion during the time of Emperor Xuanzong, an achievement for which he is still known today. In Zhang Yue's narration, Yang has been a good military general throughout his life, but in He Zhizhang's narration, Yang Zhiyi, who was deeply influenced by his family studies, was an elegant and polite scholar-official. Secondly, in order to avoid the censure of political opponents, Zhang Yue omitted the reason why Yang Zhiyi was demoted and driven away from Xuzhou. But in He Zhizhang's narration, Yang Zhiyi was relegated because he offended Zhang Jiazhen, the counterpart and political rival of Zhang Yue. Finally, Zhang Yue, as a good friend of Yang Zhiyi, criticizes Yang's ″overcorrection″ when he governed Shuofang. He Zhizhang, however, wrote the words ″Zhongkou Shuojin″ and ″Baiyu Chenglin″ because of sympathy for Yang Zhiyi. The background of this narrative variation is the preparation of the grand ceremony of Fengshan led by Zhang Yue. Zhang Yue and He Zhizhang, as colleagues at Jixiandian academy, adopted different narrative strategies in dealing with the life stories of Yang Zhiyi. In He Zhizhang's narration, Yang Zhiyi learns etiquette and literature from his childhood. Zhang Yue's ″military general″ stories do not contain such descriptions. He Zhizhang's words in defense for Yang Zhiyi after Yang had been wronged reflect the factor of personal emotions. The conflict between the two documents reflects the tension between the orthodox narrative and individual cognition. The innovation of this paper lies in the fact that, by analyzing the similarities and differences of stele biography, epitaph and historical biography, it shows the author's public-private approach by shifting between the writers, politicians, historians. At the same time, it reveals how the differences between the stele and epitaph, as different literature carriers, demonstrated in stylistic requirements, material forms, implied readers and other aspects, might lead to the variation of historical narrative. At present, academics pay more and more attention to the role of newly unearthed documents. Only by placing the research object in the context of multiple texts, distinguishing between the internal norms and pursuits of different styles, in order to open up the space of literary value of historical documents, will more research value emerge than the pure historical facts.

2020 Vol. 6 (6): 65- [Abstract] ( 411 ) [HTML 1KB] [PDF 1690KB] ( 375 )
70 Hao Tianhu
Why Do We Need to Re-translate Milton's Paradise Lost?

It is a general consensus that in the history of English literature Milton is second to none but Shakespeare, and Milton's masterpiece is the classic epic Paradise Lost, whose translation is certainly important to Chinese-British literary and cultural exchange. Admittedly, Chinese Miltonists have made significant achievements in translating Paradise Lost, from Fu Donghua and Zhu Weiji in the 1930s, to Zhu Weizhi, Yang Naidong, and Jin Fashen in the 1980s, and then to Liu Jie and Chen Caiyu in the recent decade. Among others, Zhu Weiji's Europeanized translation, although a failure, is a worthy failure for its experimental value to introduce--as Lu Xun formulates--not only new content but also new expressions. On the basis of reexamining the two divergent and fascinating versions of Paradise Lost in the early 1930s and the intense controversies they aroused, this article advances the view that we need to re-translate Milton's classical works, particularly Paradise Lost to meet the demands of the current age. Why?  Five reasons are provided in this paper. First, with flawed understanding and awkward poetic form, the available translations are unsatisfactory and deny repairs and revisions. Milton's language is difficult; to grasp the original accurately the translator must have not just a fine command of early modern English language and literature, but also a deep knowledge of foreign culture and native culture. How to reproduce the essence and flavor of blank verse in the Chinese vernacular still presents a big challenge. Second, our reading of Milton gradually deepens and new interpretations call for new renditions. Paradise Lost is indispensable to our understanding of Western literary thought, and translating Paradise Lost is of paramount importance to comparative literature and comparative culture. Third, as vernacular Chinese constantly renews itself in the process of over a century, the language and style of old translations no longer meet the current need. Literary classics ought to have their Chinese versions updated. Fourth, new editions of Milton have been emerging, especially the Oxford Milton (2008-), and good scholarly editions pave the ground for successful renditions, but the old translations are not based on good editions. Fifth, according to many authorities the re-translation of classics is a regular practice both at home and abroad. This paper concludes with a suggestion on how to re-translate Paradise Lost. We should attempt to avoid the extremes of too much indigenization or foreignization, but rather follow the middle way somewhere in between. The translating and writing practices of Jin Fashen, Bian Zhilin, and Luo Niansheng indicate that the substitution of sound pauses for feet is an effective way of transforming the blank verse into Chinese. Our retrospective and prospective work on the renditions of Milton's grand epic constitutes the very first step towards the re-translation of the poem. A relatively ideal new translation of Paradise Lost is expected to promote the reception and spread of Milton in China, to develop the literary cause in the New Era, and to enhance Chinese-British and Chinese-Western literary and cultural exchange.

2020 Vol. 6 (6): 70- [Abstract] ( 403 ) [HTML 1KB] [PDF 1690KB] ( 614 )
75 Li Tao Hu Kaibao
A Corpus-based Contrastive Study on Translation and Interpretation of Downscaling Graduation Resources in Chinese Political Discourse

中国政治话语体系是全球治理中国方案的集中体现,如何有效对外传播中国政治话语以提升我国国际话语权值得深入研究。中国政治话语中的等级趋弱级差资源表现为在态度上降低量级以规避话语风险,其翻译更加彰显翻译主体在传译过程中所体现的翻译立场。基于语料库的等级趋弱级差资源口笔译对比研究结果显示:(1)等级趋弱级差资源搭配词的语义趋向影响其口笔译处理;(2)当等级趋弱级差资源的搭配词呈现积极语义趋向时,笔译比口译更倾向于采用对应翻译,而口译相对而言更加倾向于采用零翻译;(3)当等级趋弱级差资源的搭配词呈现消极语义趋向时,口笔译在对应翻译和零翻译之间均未显示显著统计差异。翻译立场、口笔译特点以及汉英语言差异这三个因素可以部分解释上述发现。这些发现对中国政治话语“走出去”、构建具有中国文化主权且融通中外的对外话语体系具有重要的学术价值和现实意义。

2020 Vol. 6 (6): 75- [Abstract] ( 934 ) [HTML 1KB] [PDF 1668KB] ( 559 )
80 Wu Daofang
Xinxue and Poetics of the Scholarly General Wan Biao of the Ming Dynasty

Wan Biao is a military commander, philosopher, and poet during the Zhengde and Jiajing periods of the Ming Dynasty. He is also a hero against Japanese pirates and a patriot. Such multiple identities are rare in history. Wan Biao belongs to the Yangming School of philosophy, and Huang Zongxi wrote a biography for him in his Mingru Xue'an. There have not been many researches on Wan Biao's Xinxue(the Philosophy of Mind). His book Wanluting Gao which includes 332 poems has not yet attracted academic attention. Wan Biao's poetics has a profound relationship with his Xinxue, both trying to combine Confucianism and Buddhism. His Xinxue is also related to the doctrine of Zen Buddhism. Wan Biao regards Xin (mind) and Buddha as aliases for Benti (noumenon). Benti is implemented at the human level as Xin and Buddha at the level of transcendence. He thinks that human emotions are the natural flow and functioning of Xinti (mind noumenon), while Benti itself is constantly empty and lonely. One can return to Benti through the functioning of Xinti and the flow of emotions, so as to obtain transcendence. Wan Biao's poems attach great importance to feeling, which is related to his philosophical thought of committing himself to the natural burst of emotion. At the same time, he advocates an idea of reaching Benti through the poems of feeling, which is in line with his Xinxue thought of returning to Benti by the natural flow of Xinti. Wan Biao argued that people should not curb natural emotions originating from the Benti, so his poetry can create a touching world of love. Based on the consciousness of Benti, Wan Biao can obtain some kind of a liberation from the negative burdens of the emotional world. Wan Biao's poetry opened up a deep, broad and subtle spiritual world to people. He is a hard seeker, a scholarly general who takes morality and responsibility as his duty, and a wise man who regards hardship as a place of enlightenment. His poems express the emotions of the natural flow of the Xinti, prying into the noumenal existence from the outpouring of the emotion, regarding the impeding as being detached and turning pains into serenity. It is extremely philosophical. Wan Biao's poems are straightforward and rarely use allusions, but they faithfully record his own life and spiritual understanding. From the perspective of the history of poetry, Wan Biao belongs to the precursors of the late Ming Xingling School. If it is only in terms of poetry, Wan Biao is hardly an influential poet compared with his contemporary Seven Poets. But from his poems we can see the glory of the human nature and the power of its transcendence. The dilemma of human life is the same throughout times. In this sense, although Wan Biao's poetics of the soul was not important in his time, it has the value of resurrection for today. The philosophical wisdom of Wan Biao's poetics can not only be explained by poetry, but also have profound inspirations for people who face the impetuous and utilitarian spiritual dilemma today. This is the true value of Wan Biao's poetics.

2020 Vol. 6 (6): 80- [Abstract] ( 284 ) [HTML 1KB] [PDF 1729KB] ( 416 )
85 Zhou Mingchu Wang Yushun
The Author Textual Research on Three Operas Written for Feng Xiaoqing

The opera Fengliu Yuan was written in the late Ming Dynasty and the opera Boming Hua and Gushan Meng were both written in the Qing Dynasty. They all tell the story of Feng Xiaoqingin Hangzhou at the end of the Ming Dynasty, but the academic community knows little of the life stories of the authors Zhu Jingfan, author of Fengliu Yuan or Qian Wenwei, author of Boming Hua, ,and Gushan Meng has long been regarded as the work of an unknown man.This paper tries to make a detailed study on the life stories of Zhu Jingfan and Qian Wenwei, and the author of Gushan Meng is probably Sun Peilin, who lived in Anhui province during the Daoguang and Jiaqing periods in the Qing Dynasty. Before the opera text of Fengliu Yuan, there were two kinds of prefaces inscribed by Chai Shaoran and Jina Muhuan. From the contents of the preface, Zhu Jingfan, Chai Shaoran and Jina Muhuan lived in the same region. Based on textual research, Chai Shaoran was the eldest brother of Chai Shaobing, one of the Xiling Ten Persons of Hangzhou in the late Ming Dynasty. In the Preface, Jina Muhuan said that he meditated in Qixia Hill, which is located in the northwest of the West Lake in Qiantang County, Hangzhou. In addition, (Emperor Kangxi) Qiantang County Annals Volume 32 Jingji Zhi records the writings of Zhu Jingfan, a local personin the late Ming Dynasty. According to these materials, it can be determined that Zhu Jingfan is from Qiantang County, Hangzhou, and his life story can be supplemented. Qian Wenwei, a Qing Dynasty person, in his inscription for Li Wenhan's opera Yanzhi Xi, introduced his work on the opera Boming Hua that told the story of Feng Xiaoqing, the inscription was signed ″younger brother Qian Wenwei Lantai in Chongchuan″. Yanzhi Xi was written in 1842, and Chongchuan is the ancient name of Nantong, Jiangsu. 〖JP2〗(Emperor Guangxu) Tongzhou Zhili Prefecture Annals Volume 12 Zhongjie Biography has Qian Wenwei Biography, from which we know that Qian Wenwei was the Jinshi in the fifteenth year of Emperor Daoguang in the Qing Dynasty.〖JP〗 Through the examination of The Fifteenth Year of Emperor Daoguang Huishi Tongnian Chilu, theauthor confirmed that it was the same person. In addition, the author also found more information about Qian Wenwei's life story in books such as Dunbi Suiwen Lu, (Emperor Guangxu) Lingbao County Annals and (The Republic of China) The Newly Revised Yunnan Annals. The opera of the Qing Dynasty Gushan Meng is kept in Zhejiang Library, but the author's name has not been written. The opera changed Feng Xiaoqing's original name from ″Xuanxuan″ to ″Yuanyuan″ to avoid the taboo of Emperor Xuanye, so the opera was written during the Kangxi period of the Qing Dynasty and thereafter. According to the (The Republic of China) Dangtu County Annals, Sun Peilin from Dangtu County, Anhui Province wrote the opera Gushan Meng, and there is Sun Peilin Biography in this County's annals, and through the biography we know that Sun Peilin lived in the Jiaqing and Daoguang periods of the Qing Dynasty. The county annals document states that Sun Peilin admires Li Bai and admires Buddhism, The Opera Gushan Meng in Zhejiang Library is based on the promotion of Buddhist doctrines and there is also Li Bai's deeds in the opera, which is consistent with Sun Peilin's thoughts and behavior.

2020 Vol. 6 (6): 85- [Abstract] ( 324 ) [HTML 1KB] [PDF 1665KB] ( 543 )
200 Liu Zhijun
Influential Factors of Left-Behind Children’s Behavioral Development: A Retrospective Analysis Based on 137 Cases

Numerous studies by Chinese and foreign scholars indicated that parents’ absence due to migration was a risk factor of such unhealthy behaviors as internet addiction, substance attachment, violence involvement, behavioral deviance and school dropout. However, relevant surveys also manifested that some left-behind children will not suffer significantly from their parents’ migration thanks to the buffering function of resilience. However, which factors determine resilience to cope and effectively reduce the risk of behavioral development is still an under-explored topic. With the help of qualitative analysis software Nvivo and statistical software SPSS, this paper performed a retrospective analysis to explore this problem based on 137 cases of adults with left-behind experiences. The cases were collected from 2017-2018 in 21 provinces. All the 137 interviewees with left-behind experiences were born between 1980 and 1999. Nvivo 11.0 was used to encode the interview materials in an open way, and SPSS 22.0 was used to transcribe the codes into quantitative data. With reference to the analysis framework of Bronfenbrenner’s Ecological Theory, this paper constructed a three-dimensional resilience model involving positive and negative factors. Non-parametric tests and partial correlation analysis were used to do basic quantitative analysis to test the relationships between behavior development and left-behind categories and home, school and social environments. The results showed that the left-behind categories were not necessarily the decisive factor in behavioral development of left-behind children. It is necessary to identify key factors from the social ecological environment where the left-behind children live. In similar social environments, family factors and school factors were all significant determinants. Relatively speaking, school risk factors and family protective factors were most critical to the behavioral development of left-behind children. The most notable school risk factor was bullying, followed by unfair treatment. Risk factors need to be avoided in both teacher-student and student-student interactions, as they could significantly contribute to negative behaviors. As for family factors, both parents and guardians could provide key protections that could influence the behavioral development of left-behind children. To be specific, family protective environmental factors could promote positive behaviors, family protective emotional factors helped to reduce negative behaviors, and both the protective and risk factors of family education had significant effects on the behavioral development of left-behind children. Therefore, families need to increase positive factors to enable children to acquire more feelings of warmth and a sense of belonging, while schools need to reduce negative factors to reduce children’s marginalization, exclusion and insecurity outside their families. From a more specific operational perspective, if we want to provide the most basic safety valve for left-behind children’s behavioral development, families should try their best to do a good job in positive tutoring, parent-child communication, social network development, and try to avoid risk factors in family instructional and emotional environments. In addition, schools should try their best to reduce risk factors among teacher-student and student-student interactions.

2020 Vol. 6 (6): 200- [Abstract] ( 326 ) [HTML 1KB] [PDF 2571KB] ( 388 )
201
2020 Vol. 6 (6): 201- [Abstract] ( 159 ) [HTML 1KB] [PDF 1458KB] ( 320 )
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