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JOURNAL OF ZHEJIANG UNIVERSITY 2021 Vol.51 Number 2
2021, Vol.51 Num.2
Online: 2021-03-10

Article
 
Article
1
2021 Vol. 51 (2): 1- [Abstract] ( 225 ) [HTML 1KB] [PDF 1009KB] ( 394 )
5 Fu Xiaxian, Huang Zuhui
Institutional Advantages Manifested in China’s Poverty Eradication and the Implications for the World Hot!
Poverty is a universal problem confronting developing countries. China has made unprecedented achievements in eradicating poverty. A systematic analysis and summary of China’s effective measures and successful experience will be a concrete manifestation of the realization of the essential characteristics of socialism with Chinese characteristics. It will also be of great significance to promoting the continuous transformation of the institutional advantages of poverty eradication with Chinese characteristics to governance efficiency, and to continuously enhancing China’s influence in global poverty governance. Poverty eradication is a systematic project. China’s success is the outcome of full manifestation of the political advantages of the Party’s leadership and the institutional advantages of poverty eradication with Chinese characteristics.The political advantages of the Party’s leadership are systematically manifested in the responsibility system, resource input system, supervision system and performance evaluation system. Firstly, by clarifying the responsibilities of all levels, the “key minority” and all people concerned, three responsibility systems have been constructed: (1) a poverty alleviation and development management system of “overall planning of the central committee of the Communist Party of China, overall responsibility of the province, and implementation at the city and county levels”; (2) a leadership responsibility system of “Party secretaries at five levels working together to alleviate poverty”, and (3) a support responsibility system of the Party and the whole society. Secondly, the resource input system is actualized in the effective investment and organic integration of human, financial and material resources. In terms of human resources input, the dispatch of the first secretary and sci-tech commissioner effectively solves the problem of insufficient governance capacity of poverty subjects. In terms of financial and material resources, government financial input plays the main role, and coordinates financial and social organizations to increase financial investment. New land policies are implemented to give priority to land supply for poverty eradication. Thirdly, a multi-dimensional supervision system led by the Leading Group of Poverty Alleviation and Development of the State Council and supervised by democratic parties and the communities has been constructed to carry out supervision and inspection. Finally, a hierarchical, classified, three-dimensional and multi-dimensional systematic evaluation system has been constructed, specifying the content, basic methods and application of evaluation results.The advantages of the poverty alleviation system with Chinese characteristics are fully reflected in precision identification, precision assistance, coordination and linkage, and social mobilization. Firstly, under the guidance of the strategy of precision poverty alleviation and precision poverty eradication, the Chinese government applies the “filing and recording” practice to precisely identify the poor population. Secondly, it adopts the scientific method of “Five Batches” to build a supporting system that adapts measures to local conditions, villages, households and persons, and to build a long-term mechanism for precision poverty alleviation and precision poverty eradication. Thirdly, it has built a coordinated policy system for poverty eradication and introduced a reform policy system that is coordinated with the poverty eradication campaign. Finally, with the integration and allocation of poverty-relief resources, a “three-in-one” pattern of major poverty alleviation efforts is constructed, which is constituted by three complementary aspects, namely special poverty alleviation, poverty alleviation of specific industries, and social poverty alleviation, so as to form the joint force of poverty alleviation and development.China’s achievements in poverty alleviation are an important part of the world’s poverty alleviation cause. While effectively solving the problem of domestic poverty, China adheres to the concept of a community of shared destiny for mankind, actively participates in the global poverty governance, and provides financial support and personnel training for poverty eradication in developing countries. At the same time, the strategy of precision poverty alleviation and precision poverty eradication formed in China’s practice of poverty governance provides a new approach to solving the global poverty problem, and a sample for global poverty governance.
2021 Vol. 51 (2): 5-14 [Abstract] ( 534 ) [HTML 1KB] [PDF 1109KB] ( 639 )
15 Qian Hongdao, Dou Haixin
Grassroots Reverence for the Rule of Law: A Study Based on Twelve Years of Yuhang Rule of Law Index Hot!
As the focus of social governance gradually shifts towards the grassroots, the grassroots society has become a crucial field for the operation of the rule of law. The increase in the reverence of rule of law by the grassroots people has become an important issue in the construction of a society with rule of law. “Reverence for the rule of law” is an essential indicator in the evaluation of the project of “Yuhang Rule of Law Index”. Continuous and deep research on it may summarize the experience of the rule of law, objectively evaluate the status of the rule of law, analyze the dilemma of the rule of law practice, discover the pattern of the rule of law development, and effectively improve the level of rule of law and the efficiency of governance. This research is based on the first rule of law index in mainland China which is Yuhang Rule of Law Index. It is based on the data of its continuous survey in Yuhang County from 2007 to 2018. This study collected four-fold evaluation data and classified the research objects into four groups of people. They are the general public, direct participants in the political and legal system (internal group), indirect participants in the political or legal system (external group), and legal researchers (expert group). They evaluate and score the level of reverence for the rule of law by the grassroots, and use four sets of evaluation data to examine the status of the people’s reverence for the rule of law, and then, look for external and internal factors that hinder the promotion in reverence for the rule of law. It proposes to recast people’s trust in the rule of law with judicial authority, promote public’s recognition of the rule of law through administration according to law, arouse people’s awareness of the rule of law with a culture of “credibility”, and use the concept of “co-governance” to drive citizens to participate in the construction of a society under the rule of law. Among them, by administering according to law and improving judicial authority to enhance and optimize the public’s reverence for the rule of law, it can be used as an external force to strengthen the public’s recognition of the rule of law. Through the creation of a culture of “integrity” and the concept of “co-governance”, it can be used as an internal force to enhance and optimize the public’s reverence for the rule of law. The combined force of internal and external forces can produce a “superimposed effect”, which involves both the direction that can be improved (rule of law) and the magnitude of the effectiveness (quantification). Therefore, a quantitative analysis of the public’s reverence for the rule of law provides a way for further researches on the society of the rule of law in the future.
2021 Vol. 51 (2): 15-29 [Abstract] ( 209 ) [HTML 1KB] [PDF 1367KB] ( 270 )
30 Guo Ye
The Legitimate Ground for Divorce in the Transitional Society Hot!
We are in the transition period from traditional society to modern society and are in the historical process of comprehensive modernization. Divorce can be called a seed of social change, deeply hidden in the secret of social transformation and change, reflecting historical dialectics of “change” and “unchanged” in the field of marriage and family. The legitimate ground for divorce in China that is in transition can be summed up as follows:First, the freedom of divorce is a sign of social civilization. It is a social revolution, which changes the idea of marriage from person-as-a-means to person-as-an-end. It is also the product of political liberation and the result of economic progress, which still plays the role of exorcism of barbarism and evil shadow in modern society.Second, divorce is a legalized right to personality. The right to divorce, as the subject’ right to change family status (from spouse to single person), belongs to the category of personality right in essence. Divorce is endowed with the value of personal freedom and human dignity, and contains the transformation of marriage law from “identity” to “contract”. As a legal right of personality, its connotation includes divorce freedom, divorce equality, human dignity, human well-being and other factors.Third, the divorce system is the necessary legal system for the transformation of society. Marriage is divorced from the traditional family hierarchy, but is still limited by family ethics. Marriage and family exist as institutionalized facts and form a unified system in the modern society. The divorce system is connected with marriage and family in content, and carries the core value of marriage and family in a jurisprudential sense.Fourth, divorce is the legal confirmation of the death of love. Objectively, the essential measure of the state of marriage lies in love, and the law of marriage is not to change but to confirm the state of marriage. Divorce is a confirmation of the demise of love, which is why the Chinese Civil Code has used “incompatibility” as the legal reason for divorce.Fifth, divorce is the legal dissolution of the marriage contract. Marriage is a contract of life with love as the medium of credit. It should conform to the spirit of contract law, which means autonomy and good credit. If one of the spouses violates the spirit of the contract law, the other has absolute legitimate grounds to request the dissolution of the marriage.Sixth, divorce procedures are a well-intentioned protection of the married family. In modern legal countries, marriage is a normative relationship, which is guaranteed by legal procedures. The purpose of procedures such as “divorce calm period” is to avoid willfulness of divorce, balance the interests of all parties, and safeguard Good Order & Custom, which is an important embodiment of procedure justice.All the above shows that divorce law is a mirror of transforming China, which reflects the remarkable characteristics of Chinese society from tradition to modernity, from identity to contract, from etiquette to legal reason. In the historical process of China’s progress towards a modernized powerful country, family modernization is an essential and important link.
2021 Vol. 51 (2): 30-41 [Abstract] ( 525 ) [HTML 1KB] [PDF 1291KB] ( 410 )
42 Gong Wanqi, Guo Qin, Jiang Li
The Effects of Family Communication Patterns on Middle-aged and Elderly’s Coping Behavior with Epidemic Diseases Hot!
The middle-aged and elderly population is one of the most vulnerable groups in the COVID-19 pandemic. Adult children provide the most important social support to the elderly, and also serve as one of the most important information sources for this group. Family communication pattern is a critical factor that affects the efficiency and the effectiveness in health communication in a family setting. Conversation orientation predicts family members' positive health attitudes and behaviors, while conformity orientation predicts health issues concealment.Based on FCP, the study examines the effects of intergenerational communication on the middle-aged and elderly's health information seeking and health behaviors in the context of the COVID-19 pandemic. Via a survey of 193 elderly people (mean age=49.18 years), the results indicate that family communication orientation (conformity/conversation orientation) is related to interpersonal discussions about COVID-19 and preventive behaviors against COVID-19. COVID-19 discussion served as a mediator between family communication orientation and negative emotions as well as preventive measures. In particular, intergenerational communication about scientific knowledge mediated the effects of family communication orientation and preventive measures; disputed communication over COVID-19 topics mediated the effects of conformity orientation on negative emotions. The reverse socialization from youth to the middle-aged and elderly can significantly enhance the middle-aged and elderly's emotional health as well as preventive behaviors, and bear important practical implications for disease prevention and health literacy enhancement among the elderly populations. The conversation orientation increases the middle-aged and elderly's health knowledge and behaviors, and strengthens the emotional bonding and mutual understanding between the elder and their children. Conformity orientation increases intergeneration differences and brings more negative emotions and unpleasant communications to the middle-aged and elder. These unpleasant family communications further contribute toward hindering their health literacy improvement for a long time.The findings enrich the horizon of intergenerational communication in health communication, provide empirical evidences for reverse socialization in the health context, and offer valuable suggestions for promoting health behaviors among the aging populations. Health intervention should consider adult children as a key stakeholder and leverage their role in promoting health behaviors among the elderly. They should be advised with strategies that facilities intergenerational health communication and health literacy enhancement. The middle-aged and elderly should be advised to cultivate conversation orientation in family communication.
2021 Vol. 51 (2): 42-53 [Abstract] ( 296 ) [HTML 1KB] [PDF 1234KB] ( 778 )
54 Zhang Weifang, Fu Jialu, Peng Sihui, Yang Xiaozhao, Wang Huihui, Yang Tingzhong
Changing Trends of Preventive Behavior and Perceived Risk Belief-Subjective Norm Model During the Emerging Infectious Disease in China Hot!
At present, emerging infectious diseases are still raging on a global scale. It does not only damage the health of the infected, but also makes a severe psychological impact on everyone. The key to curbing the epidemic of diseases, including emerging infectious diseases, is prevention. It is crucial to explore the mechanisms of prevention behavior forms of the population. However, the vast majority of previous studies on emerging infectious diseases have been descriptive. This study uses a prospective observation method and a perceived risk belief-subjective norm model as a framework to explore the public prevention behavior mechanisms of an emerging infectious disease.This study employs a longitudinal design. Participants were recruited for an online panel survey on different social media platforms. There were 5 groups of interviews, each having a dedicated electronic questionnaire access link. Information on perceived risk belief, subjective norm, preventive behavior, and related variables were collected via online surveys. They were measured using standard methods. Mean scores were calculated for the above variables at different observation points. The SAS GIMMIX program was used to conduct repeated measures analysis of variance to determine the changing trends across the five observation points, and to examine the association between perceived risk belief, subjective norm, and the others’ preventive behavior and personal preventive behavior.A number of 150 participants numbered were involved in linkable baseline surveys and 102 in the final survey. Of the study sample, 61.8% were female and 93.1% were Han Chinese. Perceived risk belief (β=-0.087, p<0.01)and knowledge risk belief(β=-0.078, p<0.01) manifested a statistically significant downward trend, but personal preventive behavior (β=0.048, p<0.05) and family members and relatives’ preventive behavior(β=0.051, p<0.05)indicated an upward trend over the observation period. Perceived risk belief (β=0.126, p<0.01) and knowledge risk belief (β=0.118, p<0.01) were positively associated with personal preventive behavior. Family members and relatives’ preventive behavior (β=0.628, p<0.01) and friends and colleagues’ preventive behavior (β=0.579, p<0.01) have also significant contributions to personal preventive behavior.This study examines the changing trends of personal preventive behavior and perceived risk belief-subjective norm model during the emerging infectious disease. Addressing a gap in the literature, it find perceived risk belief manifesting a statistically significant downward trend during the observation period. According to the Stimulus, Cognition and Response (SCR) theory, when the disease starts to spread (Stimulus) and people become aware of the serious threat the disease poses (Cognition), perceived risk levels will increase (Response). This is consistent with findings from other studies. As the number of cases dropped, the stimulus was reduced and perceived risk was also reduced. Preventive behavior, however, increased significantly over the period of the study. This trend is in the opposite direction of the epidemic. With differences in mental responses, preventive behavior is a behavioral model, which is initiated after people are stimulated, and then gradually strengthens. This study tested the perceived risk belief-subjective norm model of the emerging infectious disease. Perceived risk of diseases or injury and the severity of outcomes are crucial themes in individual health behavior. This study provides new evidences that perceived risk of contracting the disease is positively associated with personal preventive behavior — findings generally compatible with those from some other studies. Whether an individual’s behavior is based on personal preference or public norms is closely related to culture. In a society that emphasizes individualism, most people decide their behavior with their personal attitude; in a country that emphasizes collectivism, most people decide their behavior according to popular norms. This study confirms subjective norms’ contribution to the emerging infectious disease, suggesting that its prevention research and practice should pay attention to the attitudes and behaviors of the reference population. This provides a new perspective for the prevention of emerging infectious diseases in our country.
2021 Vol. 51 (2): 54-61 [Abstract] ( 270 ) [HTML 1KB] [PDF 979KB] ( 415 )
62 Wang Weian, Chen Mengtao
Macroprudential Policy, Monetary Policy and Economic Fluctuation: Based on the DSGE Model Hot!
The outbreak of the global financial crisis in 2008 has drawn extensive attention to studies on macro-prudential policies across the world. China has implemented macro-prudential policies for a long time. It first adopted macro-prudential tools such as the loan-to-value ratio and the deposit-loan ratio policy in 1993. In recent years, the Chinese government has paid much more attention to macro-prudential management, proposed a dual-pillar control system of “macro management + monetary policy”, and established a separate macro-prudential administration department. However, whether China’s current dual-pillar system of “macro-prudential management and monetary policy” can effectively achieve stability in its pricing, finance and economy still remains to be tested.At present, most literature focuses on the effectiveness of macro-prudential management policies and their coordination effects with monetary policy. However, the existing researches stay at the level of the theoretical layer, lacking further support from empirical evidences and neglecting the discussion of the impact of the “macroprudential policy” regulation range on economic and financial stability. Based on this, this article hopes to study the collocation effect between macro-prudential policy and monetary policy and the adjustment range of macro-prudential management tin both theoretical and empirical perspectives. In terms of theoretical analysis, we introduced macro-prudential policies and monetary policies on the basis of the traditional New Keynesian model and constructed a five-sector DSGE model to study the effectiveness of macro-prudential policies, the coordination relationship between macro-prudential and monetary policies, and the influence of adjustment of macro-prudential on both economic and financial stability. In terms of empirical research, with the help of generalized moment model, we conducted empirical analysis based on China’s 2000-2019 quarterly data to verify the correctness of the conclusions inferred by the DSGE model.We have realized the verification of macro-prudential policy and monetary policy from micro to macro, from theory to empirical research. Compared with existing researches, we have mainly made marginal contributions in the following aspects: First, we provide a theoretical framework for studying the two-pillar system of “macroprudential policy and monetary policy” where we separate macro-prudential management from monetary policy. The two policies have different objectives in better explaining China’s actual operating situations. The second is to give empirical evidences for understanding monetary policy, macro-prudential policies and volatility and analyze the possible impact of changes in macro-prudential policies on volatility and stability. These findings are helpful in understanding China’s economy and government policies.The research results in this paper show that: Firstly, the separate implementation of macro-prudential policies is not conducive to financial and economic stability but will aggravate economic fluctuations. Secondly, the combination of macro-prudential policies and monetary policies can resolve specific external shocks, reduce economic and financial fluctuations to a certain extent, regulate the economy and achieve multiple stability goals. Also, macroprudential policies will have a more obvious impact on financial stability. Thirdly, the impact of macro-prudential policies on economic and financial fluctuations has an obvious U-shaped relationship. That is, macro-prudential policies will be a double-edged sword. When government regulation exceeds the optimal level, it will intensify economic fluctuations and lead to financial instability or even financial risks. Therefore, when implementing macro-prudential policies, the government can consider the following improvements: First of all, it is necessary to identify the types of the economic external shocks, and rationally match macro-prudential policies, monetary policies and fiscal policies to achieve “counter-cyclical” control. Secondly, the government must continue to advance the reform of the financial system, actively and flexibly adjust macro-prudential management strategies, stimulate the positive vitality of macro-prudential policies to reduce economic volatility and ensure financial stability. Apart from that, the government should be aware of the differences of micro subjects to avoid one-size-fits-all regulations.
2021 Vol. 51 (2): 62-82 [Abstract] ( 278 ) [HTML 1KB] [PDF 1980KB] ( 419 )
83 Wang Changgang, Luo Weidong
Innovation, Entrepreneurship, and the Rise and Decline of Capitalism: Joseph Schumpeter’s Theory of Social Evolution Hot!
Joseph Schumpeter aimed at developing a coherent and unified theoretical system based on the essence and development of capitalism. The core of the system is his theory of innovation and entrepreneurship, and the auxiliary part is his theories of class, imperialism and many others. These features suggest that Schumpeter should be viewed as a social theorist across disciplines rather than merely an economist or sociologist. Schumpeter defined innovation, pioneering entrepreneurs and bank credit as the essential triad of capitalism. According to the changing significance and role of the triad, the whole capitalist history was divided into four phases: Early Capitalism, Mercantilist Capitalism, Intact Capitalism, and Trustified Capitalism. The origin of Western capitalism could go back to ancient Greek and Roman eras, when the credit was created. However, the dominant of society had not begun to transfer from feudal aristocracy class to capitalist class until the end of the 14th Century. Several institutions with capitalist characteristics such as joint-stock company and stock exchange had well developed at least in some commercial centers by the mid-16th Century. Mercantilist Capitalism spanned from the second half of the 16th Century to the end of the 18th Century. In this phase capitalism had still not gained dominance and was restricted by the feudal aristocracy, who usually used capitalism as the weapon for political struggles. Under these conditions, the prevailing economic policy was mercantilism, and the whole picture of capitalism could be summed up as “doing business with sword in hand”. From the end of the 18th Century, capitalism had actually become the shaping force of the whole society, and produced a strikingly different social pattern, the Intact Capitalism. This new pattern prevailed in the whole 19th Century. During this phase, most social development phenomena can be explained purely by the essential internal logic of capitalism, i.e. the process of creative destruction. The most distinctive result of this process is the business cycle. Correspondingly, the main features of policy in this phase were liberalism and pacifism. Hence this phase was also termed Competitive Capitalism. At the end of the 19th Century, capitalism entered the modern phase, Trustified Capitalism. The greatest economic transformation in this phase was the tendency toward industrial concentration and the emergence of large-scale trust. In policy and culture, this phase experienced a revival of protectionism and imperialism, and the reverse of previous positive attitude toward capitalism. In the light of the above transformation, the capitalist economic life would be bureaucratized, the entrepreneurs would be unnecessary, the institutional bases of capitalism would be undermined, and bourgeois families would disintegrate, and so on. All these imply that capitalism would be destroyed by itself and be substituted by socialism. This would be the ultimate destiny of capitalism. Schumpeter’s vision of social change has guided his analyses of capitalist development. Three important aspects of his vision are: the defining characteristic of social change is evolution instead of revolution; the basic dynamics of it is that every social pattern develops internally a tendency toward self-destruction; the basic form is that different spheres of society evolve asynchronously. Schumpeter’s insights and approaches contribute greatly to identifying correctly the current trend of capitalism.
2021 Vol. 51 (2): 83-94 [Abstract] ( 267 ) [HTML 1KB] [PDF 1239KB] ( 394 )
95 Huang Tao
Green Credit of Commercial Banks: The Implementation Paths and Legal Barriers Hot!
Throughout the world, green credit of commercial banks is the most typical green finance mechanism. Its core is to include environmental test standards, pollution control effects, ecological protection and other factors into the decision-making of credit granting by commercial banks.Green credit mechanism shows different intrinsic attributes and external features because it starts and grows up in different regions or at various stages of historical development. Specifically, a system of green credit establishes itself and develops in three possible paths: (1) norms of self-regulation, or voluntary codes of conduct, with the Equator Principles (EPs) as a typical example; (2) environmental tort and compensation liability under private law, with the US Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) as typical examples; (3) promotion by administrative power under public law, with China's current green credit policy as a typical example. The above three paths are not completely exclusive as many of them would integrate with others to make a difference in different regions or at various stages of development in history.Paths of realizing different green credit policies are always related to the traits of financial market and legal system in some countries. In China, the development and improvement of legal system of green credit is premised on the knowledge of supportive conditions under which various paths of realizing green credit policies make a difference. Regarding the above three paths, the voluntary codes of conduct featuring soft law is expected to be introduced to China's commercial banking system against the backdrop of immature financial market. The environmental tort liability of commercial banks is supposed to be determined by compulsory legislation. Though such tort liability has been exemplified by foreign practices, it is still controversial. Its introduction to China would also be faced with a challenge of integrating with China's current legal system of tort liability and of regulation on commercial banks, which would probably increase social cost. As for the widespread use of administrative power to promote green credit policies, it is a result of insufficient legal limitations on the current financial system. The use of administrative power can play a role to some extent at current stages, but its long-term effectiveness and stability could not be ensured institutionally.To develop green credit policies in China, it is necessary to think outside the box to search for a responsive policy to China's institutional environment. China's commercial banks granting credit to high pollution and high energy consumption areas is largely not out of their commercial interests. Instead, their choices are influenced by various external factors. Therefore, in order to push forward China's green credit development, it is essential to highlight that commercial banks bear the responsibility for their business activities for investors and the market, improving their corporate governance mechanisms and risk management capabilities.
2021 Vol. 51 (2): 95-110 [Abstract] ( 519 ) [HTML 1KB] [PDF 1499KB] ( 770 )
111 Chen Hongbing
A Study on Aggravated Offense of Attempted Crime in China Hot!
Aggravated crime is a crime in which aggravating circumstances (factors) and aggravating legal penalty are stipulated on the basis of essential offense in the specific provisions of criminal law. For a long time, whether there is attempted crime of the offense aggravated, how to identify it and how to choose legal punishment has been puzzling the theory of criminal law and judicial practice. According to the traditional theory and practice of criminal law in China, aggravated offense has the form of attempted crime. At the same time, the legal punishment of aggravated offense is applicable and the punishment of lighter punishment for attempted crime. However, some scholars have questioned this. They think that the aggravating crime in China should be distinguished between constitutive elements calling for heavier punishment and rules of sentencing. The former has attempted, while the latter has not, as defined in the so-called “sentencing rule theory”. In this paper, this view conflicts with the theory of the objective attempted and is biased.In fact, whether we can reasonably identify attempted offense directly affects the severity of sentence. Therefore, this paper attempts to solve the attempted problem of aggravated offense in a package, systematically and completely analyze the types of aggravated offense, and extract common rules to deal with the attempted recognition of aggravated offense, which is also the innovation of this paper.First of all, aggregated consequential offense, it is no denying on the establishment of attempted aggregated consequential offense as long as it admits the intentional aggregated consequential offense. If there is aggravating result with basic attempted offense, no matter the perpetrator is intentional or negligent, the legal punishment of aggravated offense and the punishment of lighter punishment for attempted crime is applicable. However, if there is no aggravating result for the causes beyond volition, and the basic criminal act forms a specific, realistic and urgent danger to the legal interests of the aggravated offense, and the actor has intention to the aggravating result, although the above sentencing rules are also applicable, there should be some differences in sentencing whether the basic result occurs or not. Secondly, in the case of combined offense, the attempt of a subsequent crime shall be deemed in principle as an attempt of a joint crime. The legal punishment of aggravated offense and the punishment of lighter punishment for attempted crime is then applicable. The exception is when it is difficult to adapt to crime and punishment, the basic crime and the attempted crime of the subsequent crime can be considered as combined punishment. Thirdly, there is no room for the attempted establishment of consequential aggravated offense, aggravated offense with the role (status) of “primacy” as typical and aggravated offense with multiple persons (times). Fourthly, the definitions of “serious” and “serious circumstances” cannot be confused when determining the aggravating circumstances. The latter is an objective fact, which may not succeed for the causes beyond volition. Therefore, the possibility of establishing aggravating circumstances cannot excluded. Finally, we should make a concrete analysis of the aggravated offense by amount, the object aggravated offense, the place aggravated offense, and the means aggravated offense. When the act has formed a concrete, realistic and urgent danger to the legal interests protected by the aggravated offense, the attempt of aggravated crime can be determined and the legal punishment of aggravated offense and the punishment of lighter punishment for attempted crime are applicable.To summarize, whether the attempted aggravated offense is established or not should be judged according to the objective attempt theory. As long as the perpetrator’s subjective goal is to infringe on the legal interests of the aggravated offense, and objectively also forms a concrete, realistic and urgent danger to the legal interests of the aggravated offense, the establishment of the attempted aggravated offense should be affirmed.
2021 Vol. 51 (2): 111-125 [Abstract] ( 549 ) [HTML 1KB] [PDF 1288KB] ( 338 )
126 Zhu Xiaofeng
The Normative Meaning of Personal Freedom as the Basis of the Value of General Personality Right Hot!
Paragraph 2 of Article 990 in the Civil Code of the People’s Republic of China is consistent with Article 109 of the General Provisions in the way that they both define personal freedom and human dignity as the value basis of general personality right, and the legality basis to bestow the protection of civil law to other person interest. There is no dispute in Chinese legal theories and practice about the role of human dignity as the value basis of the general personality rights. The role of personal freedom is in dispute.Prior to the Civil Code, personal freedom was stipulated as a specific right of personality in the Marriage Law, Labor Law, Consumer Protection Law and other statutes. It mainly referred to the physical freedom or freedom of movement of human beings. In the process of codification of the Civil Code, there was a dispute as to whether personal freedom should be stipulated as the value basis of the general personality rights. The objection held that personal freedom had always been stipulated and used as a specific right of personality in our current legal system, with a relatively certain meaning, thus if it was defined together with highly abstract human dignity as the value basis of general personality rights, it would not only lead to a conceptual confusion within the legal system, but also impede the normative functions of general personality rights. Therefore, the more general concept of “freedom” or “personality freedom” should be used as the value basis of general personality rights along with human dignity. However, instead of accepting such objections, legislators continued to use personal freedom as a value basis for the general personality rights.Under the background of the Civil Code in effect, the combined interpretation methods of system interpretation, purpose interpretation and historical interpretation leads to the conclusion that the personal freedom of Article 990, paragraph 2 of the Civil Code should no longer be understood as a specific personality right, but rather be regarded as the value basis of general personality rights and understood in the way that it is connected with human dignity as a whole. Therefore, the personal freedom of Article 990, paragraph 2 can be understood as human beings’ autonomy and self-determination rights of his domain of close personality, which are based on mutual respect and recognition, free of others’ interference. In this sense, the personal freedom of article 990, paragraph 2 of the Civil Code becomes a general freedom that can cover all manifestations of the act of a person and be complementary in one’s life.In terms of specific application, the Article 990, paragraph 2 of the Civil Code, constitutes a supplement to other rules on specific freedoms, such as freedom of movement under Articles 1 003 and 1 011 of the Civil Code, and freedom of marriage under Article 1 042, paragraph 1 of the Civil Code. In this way, it can not only fill in the loopholes of the legal rules that specify the types of freedom rights, but also serve as the justification and legality basis for the discovery and legal recognition of the specific personality interests. Accordingly, it will support the realization of the primary value of the personality rights in the Civil Code, namely human dignity.
2021 Vol. 51 (2): 126-142 [Abstract] ( 916 ) [HTML 1KB] [PDF 1460KB] ( 404 )
143 Hu Kexian, Yang Qiong
A Research on the Newly Discovered Epitaph of the Tang Dynasty Prime Minister Gao Qu Hot!
The newly-discovered Gao Qu’s Epitaph belongs to an important official and poet in the late Tang Dynasty. Gao Qu, Prime Minister and the owner of the Epitaph, is the descendant of Gao Shilian, an official with great contributions to the founding of the early Tang Dynasty, and the son of Gao Yuanyu, a famous official in the middle and late Tang Dynasty. The Epitaph of Gao Qu, in combination with those of more than ten of his families that have been unearthed in recent years, can help outline the family lineage of Gao Shilian and portray the inheritance and evolution of the Gao family in politics and literature in the Tang Dynasty. Gao Shilian, a remote ancestor of Gao Qu, was a founding hero and the uncle of Empress Wende of Emperor Taizong. His status was so paramount that he was commemorated in Lingyan Pavilion, buried in Zhaoling Tombs, and enshrined in Imperial Ancestral Temple. However, due to the changes in the political turmoils and the conflicting political attitudes of the clansmen in the early Tang Dynasty, and particularly, the involvement of Gao Shilian’s grandson Gao Qi in the rebellion of Li Xian, Crown Prince Zhanghuai, the special favor to Gao Shilian’s clansmen ceased gradually. Until the late Tang Dynasty, the generation of Gao Yuanyu, Gao Qu’s father, revived. Although Gao Yuanyu was deeply involved in the political events such as the Coup of Ganlu, conflicts between the two political Parties of Niu and Li, and the death of Crown Princess Zhuang Ke in the late Tang Dynasty, he maintained his position in the continuous political upheavals. By virtue of the political resources of his father’s generation, Gao Qu climbed up the ideal ladder of political promotion in the Tang Dynasty, and eventually served as a prime minister.Gao Qu, along with his father Gao Yuanyu, and his uncle Gao Shaoyi, returned to the center of power thanks to their outstanding literary talent and strong political resources. This reflects how the literati of the Tang Dynasty adapted themselves to the political environment while maintaining their family cultural traditions. In the Tang Dynasty, the Gao Qu family was not only a political family lasting for several generations, but also a century-old literati family. The Gao family had a group of literati who made remarkable achievements in poetry creation and historical writing. Most of Gao Qu’s predecessors excelled at literature, such as Gao Shilian, Gao Jin, Gao Qiao, Gao Jun, Gao Shao, Gao Shaoyi, and Gao Yuanyu, and they all left master pieces for the later generations. Gao Qu’s family tradition and education in literature as well as his own efforts enabled him to make impressive accomplishments in both poetry and prose writing. His poem Farewell to Xue Feng and the essay Epitaph of Bai Minzhong are known as master pieces of the late Tang Dynasty. The political and literary evolution of Gao Qu’s family is the embodiment of part of the development of the gentry in the Tang Dynasty. A comparison between Gao Qu and the people around in their career experience is conducive to the research on the internal mechanism of the promotion of officials in the middle and late Tang Dynasty. The epitaph was authored by Liu Ye, a prime minister of the late Tang Dynasty; and written by hand by Pei Qu, an important military governor, both of whom were statesmen and poets. Centered on Epitaph of Gao Qu, this study probes into the relationship between the Gao Qu family and the official experience of Liu Ye and Pei Qu. In addition, it also examines the roles of the factors (succeeding in the imperial examination, being hired as chief officials, serving in the Imperial Academy, and receiving party support) in the official promotion of literati in the middle and late Tang Dynasty, thereby revealing part of the important issues in the research on politics and literature in the middle and late Tang Dynasty.
2021 Vol. 51 (2): 143-160 [Abstract] ( 488 ) [HTML 1KB] [PDF 2103KB] ( 378 )
161 Zha Pingqiu
An Evidential Study of the “Cui” of Cui’s Villa in Lantian: ReconsideringTomb Inscriptions and the Clan of Du Fu’s Mother Hot!
Du Fu’s poems “At Cui’s Villa in Lantian on the Double Ninth” and “Cui’s Thatched Cottage on Eastern Mountain” were both composed in the first year of the Qianyuan period when Du Fu was appointed to Huazhou. The Cuis were relatives from the clan of Du Fu’s mother (the second household of the Cui clan of Anping, Boling). Through his maternal grandmother Du Fu established a close relationship with the imperial household. Relatives on his mother’s side were always those who he depended on.The host of Cui’s Villa in Lantian was Cui Xingzong, the son of the imperial son-in-law, Cui Gongli. The “Cuis” in Du Fu’s poems were the descendants of Cui Xingzong. According to the newly excavated “Tomb Inscriptions of the Cuis and the Wangs,” the Cui clan owned a graveyard near the Lantian County. The “thousand mountain streams,” “Lan River,” “Jade Mountain,” “White Crow Valley,” and “Green Mud Enclosure” in Du Fu’s poems enable us to locate the Thatched Cottage on Eastern Mountain. The poem refers to Wang Wei’s residence as the Western Villa — this is the same as the Thatched Cottage on Eastern Mountain in that they both allude to Xie An rather than signifying the actual locations of the estates.The relatives on his mother’s side that Du Fu mentioned the earliest, i.e., “Magistrate of Baishui” and “Sherriff of Baishui,” appear in the “Form of the Genealogies of Chancellors” of The New History of the Tang and the tomb inscription that Quan Deyu wrote for the Cuis. These two sources provide different records of the official titles of Cui Xu and Cui Ding. The information in the newly discovered tomb inscriptions of Cui Hongli, Cui Gaozhi, and Cui Sui was also erroneous. On the other hand, the tomb inscriptions of Cui Gongbo and Cui Shen were composed respectively by their son and son-in-law, thus are more accurate. Du Fu’s maternal uncles in Baishui should be Cui Xu (Lieutenant of Baishui) and Cui Ding (Magistrate of Baishui). Like Cui Xingzong, neither of them was immediately related to Du Fu. The family of Du Fu’s maternal grandfather could descend from Cui Mingan. They shared the same ancestors with Du Fu’s uncles in Baishui five generations before, and with Cui Xingzong eight generations before. The maternal uncles mentioned by Du Fu basically were all from this scope. Du Fu did not have any immediate maternal uncles. Since his maternal grandfather’s clan had entered the Pass long before and had been related to the imperial household through marriage, they had considerable prestige. As a nephew, Du Fu was able to obtain support from the clan of his maternal uncles. His visit to Wang Wei in Wangchuan was also an action of visiting seniors of his mother’s clan.The event of “taking the cornel” in Du Fu’s poem shows that in that year Du Fu had a reunion with his family in Cui’s villa in Lantian. Just like he entrusted his family to his uncles in Baishui before the Rebellion, Du Fu also entrusted his wife and children to the Cuis in Lantian during his term of office in Huazhou. Since he had been trapped in dire straits in the capital, his family certainly were unable to survive in the capital after Du Fu left there. Turning to his maternal uncles’ clan turned out to be a special life mode of Du Fu in that chaotic time. Several poems presented to the Cuis are collected in his collection. They demonstrate a strong consciousness of identifying himself with his family background and convey his complex of depending on his maternal uncles’ clan. Meanwhile, many members of the Cui clan moved to the south during the chaotic time. Maintaining a huge clan, they had a strong consciousness of genealogy. This also made it possible for Du Fu to depend on them. His poems “My Younger Brother Guan Is Going Back to Lantian to Fetch a Wife; I Show Him These Two Pieces When Sending Him Off” and “My Brother Guan, Who Went to Lantian to Retrieve the Bride, Has Reached Jiangling; Happy, I Send These Three Poems” verify that the Cuis in Lantian indeed had taken care of his family. This fact provides a new explanation of why Du Fu abandoned his position in Huazhou: The chaos limited the ability of the Cuis, making life of Du Fu’s wife and children harder; Du Fu had no choices but to resign and move his family to Qinzhou to survive.Concerning Du Fu’s line “Count Dan, whose brush never stops” from “Poem on Qiaoling in Thirty Couplets, to Be Shown to the Officials of the County,” many commentators took the Dan as Dan Zhu, who had the same reputation as Zhao Kuang and Lu Zhi as the founders of the hermeneutic school of Spring and Autumn. However, there was no external evidence to verify this. Now the relationship between Dan and Zhao can be verified by the event that as a son-in-law of the Cuis, Zhao Zan, who was Zhao Kuang’s younger brother, composed tomb inscriptions for the Cuis. It can be further conjectured that Du Fu’s line should concern their commentating the classics.
2021 Vol. 51 (2): 161-174 [Abstract] ( 295 ) [HTML 1KB] [PDF 1686KB] ( 625 )
175 Dou Huaiyong
On the Character Forms of Tang Taboo Replacements in Longkan Shoujing Hot!
Taboos on using the names of emperors in the Tang Dynasty emphasized the forms of taboo characters. Various methods were adopted to change the inherent forms of taboo characters, producing a large number of taboo replacements in the Tang Dynasty. Those special characters, endowed with taboo attributes, would be transformed again with their increasing use to give birth to new characters. They would also be used, due to writing habits and psychological habits, after the taboo conditions and background disappeared, and gradually became common characters. These taboo replacements in the Tang Dynasty, with complex causes, were scattered in all kinds of written documents at that time and became important objects of collection in wordbooks after the Song and Yuan Dynasties when block printing gradually replaced manual copying. In the Liao Dynasty, a monk named Xing Jun selected nearly 30,000 characters in popular forms from handwritten Buddhist scriptures at that time to compile the book Longkan Shoujing. In addition to phonetic notation and interpretation, the book also dealt with the relations between different forms of characters, including standardized forms, popular forms, interchangeable forms and modern forms, in the hope of providing a reliable wordbook of forms, sounds and meanings for the study of Buddhist scriptures. Among those characters, Tang taboo replacements often seen in Buddhist scriptures were also included in the book.The Tang taboo replacements in Longkan Shoujing were easily recognizable, most of which were used to evade the names of the deceased Emperor Taizu, Emperor Gaozu, Emperor Taizong, Emperor Gaozong, Emperor Ruizong and Emperor Xuanzong of the Tang Dynasty. In particular, characters to replace the name of Emperor Taizong numbers most. This is basically consistent with the historical fact of respecting ancestral temples in the Tang Dynasty, the ups and downs of the taboo system, and the distribution characteristics of taboo replacements in the Tang Dynasty demonstrated in Dunhuang manuscripts. These Tang taboo replacements collected from Buddhist scriptures not only verified the influence of usage habits on the life-span of Tang taboo replacements in terms of form and quantity, but also extended the life-span of Tang taboo replacements in time. However, from the interdisciplinary perspectives of taboo ology and philology, when compiling Tang taboo replacements, Longkan Shoujing did not do well in tracing and classifying the forms of different taboo replacements for different emperors’ names or taboo replacements that contained obviously consistent components, and seemed to lack a relatively consistent standard. In the textual research of character forms, the book was beset with such problems as lacking discrimination of the original forms, the unclear relationship between the original forms and the taboo replacements in the Tang Dynasty, and the doubtful conclusion regarding character forms. These ways of dealing with Tang taboo replacements in Longkan Shoujing reflected that Xing Jun had a vague understanding of the ancient taboo system, which affected his recognition of Tang taboo replacements and prevented him from effectively distinguishing those characters from common characters in popular forms. Meanwhile, Xing Jun may have absorbed the classification conception of written character model books in the Tang Dynasty, and took the frequency of characters in popular forms as the classification basis while he had no definite criteria of standardized form and even committed occasional mistakes. These two reasons may account for the omissions in the collection and discrimination of Tang taboo replacements in Longkan Shoujing. As a matter of fact, such omissions were universal in some wordbooks before or after the Song and Yuan Dynasties, which affected their overall quality of collection and discrimination of character forms.
2021 Vol. 51 (2): 175-184 [Abstract] ( 322 ) [HTML 1KB] [PDF 1757KB] ( 360 )
185 Shi Wenlei
Two Pairs of Concepts Related to “Synthetic-to-Analytic”: A Comparison of the Usage of “Shi” (使) in Zuozhuan and Zhanguoce Hot!
This paper aims at distinguishing two pairs of concepts related to the diachronic development of “synthetic-to-analytic” in the history of the Chinese language, based on a comparison of shi (send someone) used in Zuozhuan and Zhanguoce.The diachronic development of “synthetic-to-analytic” has been extensively explored during the past decades and is still under close investigation. A number of studies from various perspectives have been conducted, with fruitful insights and findings achieved. However, little attention has been paid to the distinction between two pairs of closely related concepts, i.e. lexical syntheticity vs. pragmatic syntheticity, and distinctive meaning vs. categorical meaning.This paper sets out to make a distinction within these two pairs of concepts. Based on such divisions, four types of historical development from syntheticity to analyticity has been proposed. They are (1) categorical meaning from lexical syntheticity to analyticity; (2) categorical meaning from pragmatic syntheticity to analyticity; (3) distinctive meaning from lexical syntheticity to analyticity; (4) distinctive meaning from pragmatic syntheticity to analyticity. With such a fine-grained classification system, we can not only understand the relevant data in a more accurate way, but also further explore the otherwise intriguing questions such as how different types of transformations are realized in the history of the Chinese language; in what kind of order; and whether they are Chinese specific or cross-linguistically universal. Such investigations could contribute to revealing the rules and patterns governing the development of the lexicon-grammatical system, and provide the studies of the history of Chinese lexicon-grammar with a more profound perspective.Based on a systematic investigation of the transformations of shi from Zuozhuan to Zhanguoce, this paper demonstrates four types of “synthetic-to-analytic”. Some previous studies have focused on the usage of shi in Pre-Qin documented texts, little has been done, however, from a diachronic development perspective. With a thorough investigation of the relevant data preserved in the oracles and the Qinghuajian texts, it is found that shi had three types of changes from Zuozhuan to Zhanguoce. More specifically, the “shi NP yu G” to “shi NP shi yu G” represents the type of categorical meaning from lexical syntheticity to analyticity (1), and “shi ? non-indexed” to “shi NP general name VP” belongs to the type of categorical meaning from pragmatic syntheticity to analyticity (2). Additionally, it is found that “shi ? non-indexed VP” and “shi NP general name VP” reflect register differences. The former should be taken as a formal usage, frequently used in the narrative contexts, whereas the latter reflects a relatively oral usage and typically appears in conversation contexts.The chronology of “synthetic to analytic” is further investigated in this paper. The transformation of “synthetic to analytic” has already been initiated at the time of the late Warring States Period, and the transformation of some subcategories had even tended to be completed by that time. These further shed lights on the understanding of the division between Archaic Chinese and Middle Chinese.With reference to difference sub-types of “synthetic-to-analytic”, a close investigation suggests that (1) occurred later than (2). Such a conclusion drawn from the case study of shi is inclined to be a general rule and the other two types of changes are left unattended in this paper, which calls for further investigations.
2021 Vol. 51 (2): 185-204 [Abstract] ( 251 ) [HTML 1KB] [PDF 1881KB] ( 453 )
205 Guan Changlong, Tian Chen
The Basic Paradigm of the Main Structures of Wedding Ceremony: With a Focus on “Three Rituals” Hot!
The ritual structure is, as it were, a “gene arrangement” of ceremonies. Among the four rites of life represented by the capping ceremony, wedding ceremony, funeral ceremony and sacrificial ceremony, wedding is the only ceremony performed by the subjects “themselves”. As is recorded in The Book of Rites: Capping Ceremony, “Capping Ceremony is the first of all rites”. Capping Ceremony is a ceremony of initiation, which indicates that the bridegroom and bride have the right and obligation to practice rites independently. The “Three Rituals” in the traditional Chinese culture include the Ceremonial Etiquette, Rites of Zhou and Book of Rites, which are the document sources of the Chinese traditional etiquette. The above three classics contain detailed records on the basic wedding ceremony, and the structure of the “six rites” of marriage, which have influenced China for more than 2,000 years, was the first to be recorded in these three classics. From a structural point of view, among the “six rites” of traditional marriage, “nacai” (presenting betrothal gifts), “wenming” (asking for the bride-to-be’s name and birthday), “naji” (engagement upon approval of the lady’s family on propitious signs obtained through divining by the bridegroom’s family according to birthdays), “nazheng” (presentation of betrothal gifts to the bride’s family), and “qingqi” (agreement between the bride’s and bridegroom’s families on the date of the wedding) are considered to be pre-liminal rites of separation. “Welcoming the bride” is regarded as a liminal rite while the woman ceremony and son-in-law ceremony are post-liminal rites. These rites are presented as complex ceremonies in the distinctively different ancient and modern practices. Among them, the liminal bride-welcoming ceremony boasts the richest ritual structure.From the perspective of the subjects’ performance, the ritual structure of the bride-welcoming ceremony can be divided into five spatial nodes: home, court, door, carriage, road, of which “home” is composed of three concrete spatial nodes, including the room, hall and temple. The bridegroom and bride shall perform a corresponding ceremony when entering and leaving each of these nodes. The performance of these ceremonies also has hidden ritual meanings. For instance, “family room” implies a good conjugal relation; “family hall” implies closeness to parents; “family temple” implies worship to the ancestors; “court and door” imply courteous treatment of the guests; “carriage and road” imply courteous treatment of all things. The ritual arrangement of spatial nodes can be called the ritual structure. The corresponding ritual expression is composed of the ceremonial nodes adopted or encountered by the subjects when passing by each node, including the ritual vessels and music that interact with each ritual node to present the ritual meanings. This complete closed transition of “sacred space and time”, formed by the new couple walking out of the room in elegant attire, entering the bridal chamber for sharing the nuptial cup and taking off their clothes to sleep together, can be called a ritual structure.“Sacred space and time” is constructed for the bride-welcoming ceremony by the bridegroom and bride by going to and from the above five nodes. Also, in this sacred space and time, the bridegroom and bride perform a ceremony to communicate and integrate with each other, with both parents, with the ancestors, with heaven, with earth and with other people to achieve the wedding goals including “younger generation succession”, “two-surname harmony” and “ancestor worship”. In this process, the hidden deep ritual identification and the apparent ritual expression jointly construct the basic paradigm of the traditional wedding ceremony structure.The understanding of this paradigm can not only be enriched and perfected in a comparison between the distinctively total ancient and modern wedding ceremony structures, but also echo and blend with the ritual structure of “sacred space and time” in the capping ceremony, funeral ceremony and sacrificial ceremony, which are three of the four rites of life, thereby providing a modifiable template resource for understanding China’s traditional life ceremony and rebuilding the ritual life today.
2021 Vol. 51 (2): 205-215 [Abstract] ( 282 ) [HTML 1KB] [PDF 1197KB] ( 437 )
216 Sun Chao
The Reconstruction of Citizen’s Memory: Historical Discourses and Collective Identity in Early Modern London Hot!
Most historians hold the view that the historical memory of London was reshaped and adapted to Protestant prevalence in early modern England, especially when the fact that the London government allied with the Puritans to struggle with the King in 1640 was considered. However, such an explanation is problematic and relatively simple. And dynamic comprehension on the Protestantization of historical memory of London, particularly the neutral inclination towards the rewriting of London history in early times, is of great importance. Besides, in the process of Protestant historical memory formation, the traditionalists such as King Charles I intervened, which propelled a gradual radical reaction of London deviating from the neutral position. This evolving situation has been rarely discussed by researchers, and it is therefore the main point of this thesis.In 1529, King Henry VIII accepted Thomas Cromwell and other Protestants’ advice to initiate English Reformation for his divorce with Queen Katherine. From then on, traditional historical memory established on the basis of medieval cult of saints was severely affected. Thousands of youths swarmed into the city of London and became the main force getting involved into the Reformation movement. With serious threats at home and abroad and the failure of traditional chronicles to meet the needs of new memory writing, the historical narratives formed since late Middle Ages had broken up, and London citizens’ identity also inevitably encountered a crisis. For the maintenance of its stability and prosperity, London Guildhall set up three historical scribes — City Remembrancer, City Recorder and City Viewer, to record the city’s development and history. They compiled historical documents for the city, thus provided judgement criteria and discourse materials for reference. However, historical scribes were mostly part-time officials and they could not afford full energy to reconstruct citizens’ historical memory. Under that circumstance, the Guildhall hired John Stow to write London’s first general history A Survey of London from 1573 to 1598. Anthony Munday promoted two revised editions of A Survey of London after Stow’s death. Stow and Munday hence essentially shaped a “neutralized” tradition of writing London citizens’ history to minimize the influence of religious conflicts on the city’s cohesiveness. In the early Seventeenth Century, London citizens utilized Stow’s texts to make new physical memories and public rituals, they also created pro-Protestant burial rituals, citizen portraits and the activities of Mayor’s Day. Although the city administrators preserved the elements of traditional religion for the adaptation of varieties of citizen origins, an image of a Protestant London was established. London had a more complicated relationship with the crown. The city of London played a fundamental role in every succession to the throne since English Reformation, which meant that a pro-monarchy London was essential to the King. Consequently, in the course of reconstructing urban memories, the crown always got involved. But, because of the sustained development of Puritanism and the failed relationship between Stuart kings and London citizens, the Puritans were discontented with the control of citizens’ life and urban landscape by the monarchy. In the meantime, the Stuart rulers insisted on the Divine Right of the King, and disrespected citizens’ rights. That stimulated a radicalized citizen memory, and the citizens struggled for their historical narratives and space memories with the kings, which led to a turning point concerned with the relationship between the two parties, that is, from sharing memories to competing with each other for that. In 1642, the English Civil War broke out and the Protestants dominated London citizens’ memory from then on because Charles I fled his Capital City. While in early modern Europe, some Protestant cities avidly propelled the Protestantization and ignored to create a stable relationship with the Catholics, thus had to confront themselves with social divisions. In a word, the reconstruction of London citizens’ memories experienced a continual “neutralized Protestantized → moderately Protestantized → radically Protestantized” transition. The transition prevented the city of London from dropping into social polarization sharply, and kept London prosperous and stable for a relatively long time, but it could not avoid the outbreak of the English Civil War.
2021 Vol. 51 (2): 216-228 [Abstract] ( 415 ) [HTML 1KB] [PDF 1491KB] ( 446 )
229 Xu Yongming, Qian Lixiang
A Research on the Value of the Only-Existing-Copy Books in the General Collection of Jinwen Leiti Hot!
Jinwen Leiti (《今文类体》) is a general collection of Ming Dynasty books with the largest number of the only-existing-copy books, which has extremely high literary and historical values. There are 138 volumes (including 6 catalogues) in this general collection, which contains 31 kinds of only-existing-copy books written by 17 literati in the Ming Dynasty, and is now kept in the Zhejiang Library. This general collection collects a large number of personal anthologies of the Ming Dynasty, and then directly breaks them up and rearranges them in stylistic categories, which reproduces the original appearance of the editing activities. Two issues have been of great concern: the editor of this general collection and the value of the only-existing-copy books. This paper focuses on the second issue. Its value as only-existing-copy books lies in three aspects. The first is the literary value. The only-existing-copy of Yungong Wenji (《云公文集》) reveals to the researchers the ambition of the famous literati Yuan Hongdao to make achievements in the office of the Ministry of Personnel (吏部). Jiangnan Chun provides researchers with the poetic materials of Zhao Qimei, a famous dramatist, and is also beneficial to the study of the poetics and ballads in “Jiangnan Chun (《江南春》). Kuangshan Sheji (《匡山社集》) records the literary materials of the Kuangshan Party, a literati group which gathered in Mount Lu of Jiangxi Province during the Wanli Period. These materials are not mentioned in the two books that comprehensively record the Ming Dynasty literati groups, entitled Literati Groups and the Evolution of the Ming Literature written by He Zongmei, and Investigation on the Literati Groups of the Ming Dynasty written by Li Yuxuan. The second is the value of historiography. “Yunjian Guild Hall Record” (《云间会馆记》) notes that the earliest Shanghai guild hall in Beijing was built during the Wanli Period (1573-1620) of the Ming Dynasty. “A Gift-preface to Wang Daxing on His Diplomatic Mission to Ryukyu” (《送王大行使琉球序》) records the establishment time, visiting time, member composition and preparation work of the 16th diplomatic corps of the Ming Dynasty and Ryukyu. The Records of Baoning Castle Reconstruction (《保宁堡修城记》) systematically revealed the diplomatic status of the short-term border trade during the long-term war between the Ming Dynasty and Mongolia at the three levels of border defense, military training and Gongshi (贡市). The third is the value of edition collation and collection, which provides a reference version for the compilation of personal anthologies, and at the same time provides materials that can be edited for the compilation of the general collection of poems, Ci, and essays in the Ming Dynasty. For example, Zou Yuanbiao, the author of The Sequel of the Selected Works of the Taiping Shanfang (《太平山房文选续集》), was a famous philosopher and writer in the late Ming Dynasty. He was the representative of the Jiangyou Wangmen (江右王门) and the early leader of the Donglin Party. After investigating domestic and foreign libraries, we found that this book is only preserved in Jinwen Leiti. Based on this book, we can compile Zou Yuanbiao’s anthologies and study his political ambition, moral character, Wang’s thought and literary influences.
2021 Vol. 51 (2): 229-240 [Abstract] ( 368 ) [HTML 1KB] [PDF 1434KB] ( 436 )
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