JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)

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	Latest Printed Issue
	2026, Vol.56 Num.3
	Online:

	Article

Article

	5	Chen Hangping, Pan Yu

		Divergence of Jurisdiction Rules in Intellectual Property Infringement Disputes: History, Reflection, and Reconstruction ^Hot!
		The territorial jurisdiction rules for civil tort disputes adopt a dichotomous interpretative framework in defining the “place of tort”, which encompasses both the place where the tortious act is committed and the place where the tortious consequences occur. However, the relevant rules for intellectual property (IP) infringement disputes deviate from this framework, presenting a trend of divergence that weakens or even negates the legal status of the place where the tortious consequences occur as a valid basis for jurisdiction. The purpose of these divergent rules is to avoid uncertainties and fragmentation in territorial jurisdiction, as well as abuses such as plaintiffs arbitrarily establishing jurisdictional nexus. However, this divergence not only renders jurisdictional rules inconsistent and fragmented, but also contradicts the guiding spirit of jurisdiction rules for IP infringement disputes, ultimately causing vacillation and conflict in the practical application of the law. More importantly, the divergent approach violates the provisions of higher-level laws and leads to an imbalance in the per capita caseloads among different courts. Therefore, the territorial jurisdiction rules for IP infringement disputes should be reconstructed toward convergence. Under the guiding principle of “simplifying complexity, unifying application, and accommodating particularities”, relevant judicial interpretations should be amended and applied. The place where the tortious consequences occur and the place where the tortious act is committed hold the same hierarchical legal validity, allowing parties to freely choose between them. However, considering the unique nature of IP infringement disputes, the “place where tortious consequences occur” still requires appropriate restriction. It should be strictly limited to the place where the direct consequences of the alleged infringing act occur and the domicile of the infringed party. On this basis, the definition of the place of consequences for IP infringements occurring outside of information networks can be appropriately expanded to include the storage locations of infringing goods and the locations where such goods are seized and detained. At a macro level, the establishment of civil litigation procedures for intellectual property must not violate the basic principles of civil procedural law. IP adjudication departments should break away from inherent, one-sided notions and avoid drifting further down a path of differential treatment and arbitrary action. This paper aims at resolving the dilemma of legal application conflicts and the imbalanced distribution of judicial resources caused by the divergence of territorial jurisdiction rules in IP infringement disputes. By exploring the rule-reconstruction path of convergence, it provides robust theoretical support and institutional solutions for improving the civil litigation jurisdiction system. The research methods employed in this paper include literature review, historical analysis, and normative analysis. Theoretically, this paper explicitly proposes, for the first time, the evolutionary path of reconstructing the territorial jurisdiction rules for IP infringement from divergence to convergence. At the rule level, it constructs a targeted, two-way scheme that concurrently applies appropriate restriction and expansion to the “place where tortious consequences occur”. Macroscopically, it profoundly reveals the jurisprudential baseline that IP litigation procedures must strictly return to the fundamental principles of civil procedural law.
		2026 Vol. 56 (3): 5-18 [Abstract] ( 13 ) [HTML 1KB] [PDF 716KB] ( 26 )

	19	Lin Xifen, Li Zheng

		Bindingness or Determinacy: Pre-determination Effect and Occurrence Mechanism of Sentencing Recommendations — An Empirical Examination Based on Drunk Driving Cases ^Hot!
		The Sentencing Recommendation System is at the core of the operation of the Plea Leniency System. The Criminal Procedure Law (2018) stipulates that for a case where the defendant admits guilt and accepts punishment, when the people’s court makes a judgment in accordance with the law, it should generally adopt the sentencing recommendations made by the people’s procuratorate. The Guiding Opinions issued in 2019 stipulate that in cases involving the admission of guilt and acceptance of punishment, procuratorates shall generally offer determinate sentencing recommendations. In practice, the phenomenon of the high adoption rate of sentencing recommendations has been widely mentioned, and it is generally believed in doctrine that the procuratorate is dominating the court’s sentencing decisions. For this reason, it is important to empirically test whether sentencing recommendations have a pre-determination effect on judges’ sentencing decisions, whether the phenomenon of prosecutorial justice exists in China, and if so, what is the mechanism. In this way, the current operational status of criminal justice and the relationship between prosecution and court in China can be diagnosed.Through normative analysis, this study summarizes the characteristics of sentencing recommendation system as bindingness and determinacy, and proposes two theoretical hypotheses: “pre-determination effect based on bindingness” and “pre-determination effect based on determinacy”. The two theoretical hypotheses were tested through 32,916 judgments of drunk driving cases as samples, using methods of event study, one-way ANOVA, propensity score matching, and Wilcoxon signed-rank test. The raw data confirmed the pre-determination effect of sentencing recommendations, and the mechanism of pre-determination effect of sentencing is analysed.The empirical study found that the pre-determination effect of the procuratorial organs’ sentencing recommendations exist objectively. However, in terms of mechanism, on the one hand, there is little correlation between the high rate of adoption of sentencing recommendations by courts and the bindingness of sentencing recommendations. Judges’ adoption of sentencing recommendations was extremely high both before and after 2018, and the high rate of adoption was not a product of the 2018 Criminal Procedure Law’s “generally should be adopted” provision. On the other hand, with controlling other confounding factors, there was a significant difference between the impact of generalized and range sentencing recommendations on judges’ sentencing decisions, as well as a significant difference between the impact of range and determinate sentencing recommendations on judges’ sentencing decisions. This suggests that the court’s sentencing decision is significantly influenced by the determinacy of the sentencing recommendation. The reason why the procuratorate could have a pre-determination effect on the judge’s sentencing decision through the determinacy of the sentencing recommendation may be due to the fact that the prosecution and the court organs have gradually reached a sentencing consensus on a certain type of case during the interaction in practice, and the sentencing recommendation of determinate sentence put forward by the procuratorate plays the role of the “anchoring effect”. Based on the sentencing consensus, the procuratorial organs have gradually compressed the sentencing decision space of judges by improving the determinacy of sentencing recommendations, which accelerates the formation of the Chinese “prosecutorial adjudication”.
		2026 Vol. 56 (3): 19-35 [Abstract] ( 10 ) [HTML 1KB] [PDF 867KB] ( 20 )

	36	Lu Jin, Liu Qiang, Su Yan

		Regional Economic Integration and Energy Transformation and Upgrading ^Hot!
		Climate change has become a serious challenge threatening China’s sustainable economic development. Accelerating energy transformation and upgrading is not only a major strategic direction for achieving the goals of carbon peak and carbon neutrality, but also a key measure to build a modern energy system and solve the problem of environmental degradation. However, even though the energy reform measures implemented in the past have produced significant results, China’s energy transition still faces energy structure constraints and pressure to improve efficiency. Particularly problems such as distorted urban spatial layout and excessive population concentration caused by traditional urbanization have seriously restricted urban energy transformation. Given that regional integrated urbanization (urban agglomeration) is necessary to promote new urbanization and regional coordinated development under the new development pattern, this article conducts a detailed analysis of the relationship between urban agglomeration construction and urban energy transformation.In theory, on the one hand, the construction of urban agglomerations can form an integrated spatial network among cities, fully utilize the spatial scope and market size, reduce matching, coordination, transaction and production costs, and directly promote regional energy transformation. On the other hand, the integrated development of urban agglomerations can optimize the organizational structure and knowledge division of labor network within the agglomerations, improve the level of knowledge diffusion and industrial linkage, and indirectly promote urban energy transformation by playing the effects of structural upgrading, technological innovation and resource allocation. In addition, the construction of urban agglomerations tends to form central areas with developmental and radiation functions, which radiate and diffuse capital, labor, talents and other developmental factors to the peripheral areas, affecting the energy transition of the neighboring areas.In the empirical, based on the panel data of prefecture-level cities in China from 2003 to 2019, focusing on the evolution characteristics of regional economic integration, this paper uses a double difference model to examine the impact of urban agglomeration construction on urban energy transformation. It is found that the urban agglomeration construction helps to promote urban energy transformation, and plays a more significant role in stable and mature urban agglomerations urban agglomeration, urban agglomeration with strong environmental regulation, backward industrial structure and medium and large urban agglomeration. Mechanistic analysis shows that the urban agglomeration construction helps to optimize the industrial structure of each city and promote the upgrading of industrial structure; strengthen urban knowledge sharing and technology spillover, narrow the technological innovation gap between cities in urban agglomeration, and enhance the strength of technological innovation of urban agglomeration; improve the efficiency of resource flow and allocation, reduce factor market distortions, and ultimately promote urban energy transformation. Further analysis shows that the urban agglomeration construction can also strengthen the spillover capacity of the development pole of core cities and significantly drive the energy transition in neighboring cities.The paper’s innovation lies in the following aspects: Firstly, it incorporates urban agglomerations and urban energy transformation into the analytical framework and systematically sorts out the theoretical mechanism and impact path of the impact of urban agglomeration construction on energy transformation, thereby expanding the research boundary of urban agglomeration integration and energy transformation issues. Secondly, this paper innovatively constructs and measures the China Urban Energy Transformation Index using the more authoritative and comprehensive method of the World Economic Forum, thus compensating for the singularity and bias of the traditional energy transition indicators, and providing a new foundational data support for understanding the energy transition of Chinese cities. Finally, it further explores the spatial spillover effects of urban agglomeration construction on energy transformation, providing policy guidance and directional direction for actively accelerating the formation of a linkage mechanism for coordinating the economic integration construction of urban agglomerations with the national energy strategy.
		2026 Vol. 56 (3): 36-59 [Abstract] ( 10 ) [HTML 1KB] [PDF 1095KB] ( 23 )

	60	Chen Wenqiang, Mao Xiaonan, Wu Aiqi, Jia Shenghua

		Can SRDI “Little Giant” Cultivation Policy Alleviate Corporate Investment-Financing Maturity Mismatch? ^Hot!
		Investment-financing maturity mismatch (hereinafter referred to as “IFM mismatch”) happens when a firm uses short-term debt to fund long-term investments. This mismatch behavior not only amplifies corporate financial risks but may also spread across the entire financial system, triggering systemic financial risks. Therefore, managing corporate IFM mismatch serves as the micro foundation for preventing and mitigating systemic financial risks. Long-term funding shortage and principal-agent conflicts are the two main underlying factors causing corporate IFM mismatches. “Specialized, refined, differentiated, innovative” enterprises (hereinafter referred to as “SRDI” enterprises), which focus on niche markets and play a key role in industrial chains, are vital for developing new productive forces and building a modern industrial system. However, due to their small scale, low social recognition, imperfect governance mechanisms and high R&D activities, SRDI enterprises face severe resource limitations and agency problems, resulting in significant IFM mismatches. To cultivate a group of high-quality small and medium-sized enterprises with international competitiveness, China’s Ministry of Industry and Information Technology initiated the selection and cultivation of SRDI “little giants” in 2019. Research has confirmed that this policy fundamentally impacts investment and financing decisions of selected firms by shaping their resource and governance environments. However, few studies have examined the policy’s economic effects from the perspective of IFM mismatch. Whether this policy can resolve the resource and governance issues of SRDI enterprises and thus alleviate IFM mismatch remains an unexplored critical question.Based on a sample of Chinese A-share listed companies from 2015 to 2023, this paper uses PSM based staggered DID to investigate the impact of SRDI “little giants” cultivation policy on corporate IFM mismatch. The research results show that the implementation of SRDI “little giants” cultivation policy significantly reduces enterprises’ degree of IFM mismatch. The mechanism test shows that resource empowerment and governance empowerment are the potential channels. From the perspective of resource empowerment channels, the policy reduces IFM mismatch by increasing government subsidies, long-term credit and equity financing. From the perspective of governance empowerment channels, the policy reduces IFM mismatch by reducing the agent cost, alleviating the management myopia and improving social concern. Heterogeneity tests indicate that the policy’s effect is more pronounced in regions with higher local government responsiveness, industries with higher “little giant” density, and enterprises with higher R&D intensity. Economic consequence tests show that the policy further reduces corporate financial risks and improves investment efficiency by curbing IFM mismatch.This study is of great theoretical and practical significance. Theoretically, it extends research on the economic consequences of SRDI “little giants” cultivation policy and the determinants of corporate IFM mismatches. Practically, it offers empirical evidences for further advancing SRDI “little giants” cultivation policy and provides useful policy references to address corporate IFM mismatches and thus preventing systemic financial risks.
		2026 Vol. 56 (3): 60-81 [Abstract] ( 10 ) [HTML 1KB] [PDF 1003KB] ( 18 )

	82	Cui Chenxi, Liu Zhaofeng

		Revealing the Twofold Character of Labour, Analyzing the Forms of Value, and Critiquing Fetishism: Logical Progression and Dialectics of the “Commodities” Chapter in Capital ^Hot!
		In order to respond to the discussions concerning the relationship between abstract labour and the value form, the value substance and the value form, the value form and the nature of fetishism, exchange value and the value form, as well as the relationship between Marx’s analysis of the value form and his theory of the critique of fetishism, and to present the rich connotations of Marx’s dialectics, it is necessary to analyze the logical structure of the “Commodities” chapter in Capital.By inquiring into the sameness within the difference of various commodities, Marx reveals the twofold character of the labour embodied in commodities. In Capital, Marx takes the commodity as the starting point for his exposition and analysis. Labour as concrete labour is difference (qualitative distinctions), while labour as abstract labour is sameness (quantitative variations without qualitative distinctions); the difference in use value arises from the difference in concrete labour, whereas the sameness in exchange value arises from the sameness of abstract labour embodied therein. The response to the inquiry into the sameness within difference discusses value substance only in the sense of abstract labour (general), without yet addressing how labour is manifested as value, and therefore still cannot explain the specificity of the commodity.Further analysis of the value form addresses how labour, as abstract labour, is manifested as value. Marx proposes the roundabout way of value manifestation, which is the key to grasping the theory of the value form. The value of one commodity is expressed by the use value of another. This unique, materialized, and indirect form of abstract human labour’s expression is the value form. This does not yet explain what kind of labour it is that creates value, and why it does so, nor does it distinguish between commodities and non-commodities.Finally, through the critique of fetishism, the question of what kind of labour it is that creates value, and why it does so is addressed, and on this basis, the historicity of labour manifesting as value is revealed, along with a critique of the fetishistic conception held by bourgeois economists who eternalize value. Once commodities appear as commodities, or once labour products possess the value form, they acquire a mysterious character. Only by placing the value form within a specific social formation and examining it from a historically transient perspective can a clear critical stance on fetishism be achieved.The logical progression of Marx’s analysis of the commodity contains a rich and profound dialectic: in terms of the relationship between phenomenon and essence, the dialectic in the analysis of the commodity in Capital examines the value form (phenomenon) of abstract labour as the substance (essence). In terms of the relationship between content and form, it explores the combination and separation of the material content of production and its specific social form. In terms of revealing the historicity and temporality of the commodity, the dialectic in the analysis of the commodity in Capital is a historical dialectic, embodying a historical consciousness.The dialectic in Marx’s analysis of the commodity is a constructive dialectic, rich in historical content and characterized by concreteness. Only by employing a dialectical mode of thinking and carefully analyzing the “inverted” world of commodities can we truly grasp the brilliance of Marx’s dialectic.
		2026 Vol. 56 (3): 82-91 [Abstract] ( 12 ) [HTML 1KB] [PDF 680KB] ( 27 )

	92	Wu Yuchen

		A Study of the Literature of Youri Pu and Author Identification ^Hot!
		The manuscript of Youri Pu (《牖日谱》), held by Peking University Library, is incomplete and not a Ming Dynasty Cipu (a genre of works dedicated to the study of tonal patterns in Ci-poetry), as commonly assumed in academic circles. By comparing the remaining content with widely circulated Late Ming Ci works and referencing the Youri Pu Catalog, we can roughly reconstruct the framework and literary sources of the entire work. This Cipu, based on Xiaoyu Pu (《啸余谱》), incorporates significant achievements in Late Ming Ci scholarship, showcasing distinctive features in the selection of Ci tunes, the interpretation of tune names, the comparison between Ci-poetry and Qu-poetry, as well as the definition of poetic forms and layouts. The author emphasized the stability of tonal and metrical structures in Ci composition, rejecting formal variations such as “filler words”, and advocated for the Ci tone established by Dashengfu. This Cipu reflects the transitional phase in Ci theory between the Ming and Qing Dynasties, with its extensive discussions on Qu theory and several structural aspects influenced by Qupu. As such, Youri Pu stands as a representative example of the interaction between poetic forms during the Late Ming and Early Qing Periods.The author of Youri Pu seems to exhibit a sense of “remnant loyalty”, as the work, while alluding to the author’s life, uses a pseudonym to provide indirect biographical information. Through careful investigation of the events referenced in the text, certain biographical details can be deduced, including the author’s birth and death years, place of origin, scholarly background, career trajectory, family fortune, secular or monastic status, marriage, and social circles. By applying these criteria, several Late Ming and Early Qing literati from the Jiangnan region can be identified. Among them, Shan Xun (单恂) fits into these criteria more closely than any other figures. Further research into Shan Xun’s background reveals numerous overlapping activities with the author of Youri Pu, including some that align precisely with specific years. Based on these findings, it is reasonable to conclude that Shan Xun is the author of Youri Pu, thereby filling in gaps in the work’s historical context and aligning it with the development of Ci theory.Positioning Youri Pu within the context of Cipu compiled at the turn of the Ming and Qing Dynasties provides clearer insight into the motivations behind its compilation, its structural design, the author’s approach to Ci forms, and the naming conventions used. The compilation of Cipu, which first emerged in the Mid-Ming Period, was not initially widely accepted among the core creative group of that time. However, by the Late Ming, scholars from Jiangnan, skilled in composing lyrics, grew confident in the lost melody poetic forms. The compilers and users of Cipu increasingly overlapped, reflecting shared tendencies in adapting old Cipu to express new ideas about Ci theory and creative practice. Some Cipu even show evidences of cross-referencing. The cultural connotations of Ci, such as elegance, antiquity, national identity, and southern roots, became increasingly significant in the transitional period between the Ming and Qing Dynasties. The Jiangnan literati’s cultural imagination of Ci tunes expanded rapidly. Shan Xun’s final compilation of Youri Pu and the naming as “Youri” align with these trends, and the rise of Ci theory in the Qing Dynasty can be reinterpreted from this perspective.
		2026 Vol. 56 (3): 92-106 [Abstract] ( 12 ) [HTML 1KB] [PDF 1238KB] ( 28 )

	107	Wu Xiufeng

		Dickens Elements in the Shift Towards Realism in Ge Fei’s Novels of the New Century ^Hot!
		This article centers on the realist turn in Ge Fei’s 21st-Century novels, delving into the latent Dickens elements in Ge Fei’s literary style and narrative strategies, as well as Ge Fei’s ability to engage in an equal dialogue with this tradition. The study first identifies a marked shift in Ge Fei’s recent works: his narrative focus has transitioned from the structural experimentation and philosophical inquiries characteristic of his avant-garde period to concrete depictions of social structures, individual destinies, and emotional predicaments within everyday life. This transformation signifies not merely an adjustment in narrative techniques but a fundamental reorientation of literary philosophy. Within this process, Dickens, as a pivotal figure in the realist tradition—with his attention to marginalized social groups, portrayals of real-world suffering, and emphasis on ethical and emotional dimensions—serves as a critical reference point for understanding Ge Fei’s narrative evolution. Secondly, the article examines the parallels between Ge Fei and Dickens through the lens of autobiographical narrative traditions, particularly in their shared exploration of intellectuals’ spiritual dilemmas. It highlights a “downward shift” in Ge Fei’s character construction: rather than situating intellectuals within abstract historical or philosophical frameworks, he repositions them within the mundane realities of daily life. By casting these figures as “superfluous men”, Ge Fei bridges the spiritual disillusionment of intellectuals with the existential struggles of the masses. This approach reflects a broader endeavor to reinvigorate literature’s capacity to engage with reality and reconstruct ethical empathy. Building on Ge Fei’s emphasis on novelistic experience, the article posits a philosophical alignment between Ge Fei and Dickens: both of them view fiction not as a purely aesthetic exercise but as a medium rooted in the author’s lived experiences, serving as a vessel for emotional and ethical expression. Just as Dickens infused David Copperfield with autobiographical reflections and sociocultural observations, Ge Fei projects his personal experiences and values onto characters like Tan Duanwu, transforming them into literary embodiments of the universal spiritual condition of intellectuals. Ultimately, the article argues that the resonance between Ge Fei and Dickens lies not in superficial mimicry of linguistic style or narrative structure but in their shared commitment to social consciousness, ethical characterization, literary empathy, and a vision to “return literature to the masses”. Against the backdrop of globalization and rapid societal transformation, Ge Fei’s adoption of the Dickensian realism—particularly its profound concern for ordinary people—facilitates a “lowering of the literary gaze”. This shift simultaneously addresses the evolving demands of contemporary Chinese literature in grappling with issues such as intellectual identity, literary publicness, and social critique.
		2026 Vol. 56 (3): 107-117 [Abstract] ( 8 ) [HTML 1KB] [PDF 809KB] ( 23 )

	118	Jin Honghao

		Empirical Insights and Sentencing Reforms of Fines for the Crime of Offering Bribes ^Hot!
		Since the introduction of fines for the crime of offering bribes in the 2015 Amendment IX to the Criminal Law, nearly a decade has passed, yet the current application of fines for this crime in China continues to fall short of its intended objectives. Regarding sentencing guidelines, the Interpretations on Several Issues Concerning the Application of Law of the People’s Republic of China in Handling Criminal Cases of Corruption and Bribery, jointly issued by the Supreme People’s Court and the Supreme People’s Procuratorate in 2016, stipulated that fines for the crime of offering bribes should fall within the range of over 100,000 yuan and no more than twice the amount of the crime. Upon examination, several critical issues arise. Firstly, from a theoretical standpoint, a notable selection bias is evident in the criteria for determining fines for the crime of offering bribes. The lack of clarity in the judicial interpretation regarding whether the “twice the amount of the crime” limit pertains to the bribe itself or the illicit gains introduces ambiguity. Secondly, in a comparative context, the ceiling for fines imposed for the crime of offering bribes in China pales in comparison to countries such as Russia and Vietnam, where a multiple-based fine system is in place. Lastly, from a practical standpoint, the calculation logic presents challenges as many bribery cases struggle to ascertain the exact amount of illicit gains.In an analysis of 1,180 cases involving the crime of offering bribes spanning from 2020 to 2023, significant issues were identified in the discretionary sentencing process, particularly concerning the application of fines in the court system. Initially, discrepancies emerged as some judges incorrectly interpreted sentencing guidelines, leading to inaccuracies in fine assessments that were subsequently challenged and overturned on appeal. Moreover, a concerning trend was observed where the fine amounts in over 51 bribery cases fell below the mandated minimum fine of 100,000 yuan as outlined in judicial interpretations. Overall, the fines levied in bribery cases were notably lenient, with the mean fine ratio (fine amount divided by bribery amount) across the sample standing at a mere 67.1%. For cases with substantial bribery amounts, the fine ratio is 80.2%; for cases with significant bribery sums, the fine ratio is 16.5%; and for cases with exceptionally high levels of bribery, the fine ratio drops down to 7.3%.To address the aforementioned concerns, judicial authorities are advised to enhance their focus on imposing fines for the crime of offering bribes and promptly revise judicial interpretations. It is proposed that sentencing guidelines be revised to differentiate between ordinary and extraordinary circumstances in determining fine ranges based on whether the illicit gains from the bribery have been identified and recovered. In ordinary cases, the minimum fine for the crime of offering bribes should be set at the lower end of the sentencing range or the bribery amount multiplied by 1, whichever is higher, while the maximum fine should be capped at five times the bribery amount. In exceptional circumstances where the illicit gains cannot be quantified and recovered, fines should range from five to ten times the bribery amount.
		2026 Vol. 56 (3): 118-135 [Abstract] ( 10 ) [HTML 1KB] [PDF 931KB] ( 21 )

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