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JOURNAL OF ZHEJIANG UNIVERSITY 2011 Vol.41 Number 5
2011, Vol.41 Num.5
Online: 2011-09-10

Article
 
Article
1
2011 Vol. 41 (5): 1- [Abstract] ( 861 ) [HTML 1KB] [PDF 551KB] ( 1130 )
5 Qu Jingdong
The Three Conceptual Meanings of Nature in Adam Smith's Social Thought

The concept of Nature in Adam Smith's thought could be understood in three dimensions :By the concept of Author of Nature ,Adam Smith confirmed the Providence in natural law,upgraded theidea of Destinyin Stoics ,and brought retaliationintothe establishment of moral order .By the concept of Nature ,Adam Smith clarified the ontological principle of Nature as the natural elements of a sentimental faculty of man .By the concept of human nature ,sympathy is considered as the elementary moral mechanis m of justice in society ,in which impartial spectator would play an important role in situational iudgment .

2011 Vol. 41 (5): 5-9 [Abstract] ( 6624 ) [HTML 1KB] [PDF 1316KB] ( 4338 )
10 Zhang Zhengping Luo Weidong
An Analysis on the Doctrine of Utility in The Theory of Moral Sentiments

Adam Smith proposes a distinct perspective of "the effect of utility upon the sentiment of approbation" in The Theory of Moral Sentiments .In his opinion ,utility is not the first principle of aesthetic and moral approbation . We approve of something or some virtue not as useful ,but as proper ,as agreeable to truth and reality .Propriety is the first principle of aesthetic and moral approbation . The measure of proper degree arises from the sympathy of the impartial and well-informed spectator .As for the doctrine of utility ,propriety is not a completely experiential observation ,and it shows "a definite intention" which looks like "an invisible hand" leadi ng us to the approbation of beauty and morality .

2011 Vol. 41 (5): 10-17 [Abstract] ( 4220 ) [HTML 1KB] [PDF 1989KB] ( 3165 )
18 Wu Honglie
Adam Smith's Views of Nature : An Analysis on Nature in The Theory of Moral Sentiments

Nature is a very important theme of Scottish Enlightenment in the l8th- Century .It is also one of the fundamental subiects of Smith' s moral philosophy . Adam Smith was influenced deeply by the great tradition of natural lawat that time ,which is expressedin the magnumopus , The Theory of Moral Sentiments .In this book ,Smith distinguishes the uses of the ter m"nature" , and endows it with different meanings , which represent his efforts in establishing a theory of natural iurisprudence includi ng the general rules of all the laws and governments . All these endeavours ,with the distinct views of nature of Adam Smith ,render him different from other philosophers of his time .This paper is important for us to understand Smith' s views of Nature as well as his moral philosophy .

2011 Vol. 41 (5): 18-26 [Abstract] ( 1455 ) [HTML 1KB] [PDF 2238KB] ( 1472 )
27 Chen Guoquan Zhou Sheng
Changes in NPC's Decision- making Authority and Check and Supervision of Decision Power

A unique decision model which consists of CPC committee initiative and NPC deliberation has formedin decision procedure of significant policy owi ng tothe Dual-track political systemin China . The model varies in different historical periods , which mi rrors changes in the relationship bet ween the ruling party and government in contemporary China . The evol ution of the model means the development of the ruling party leaders' ideas on democracy and relationship bet ween party and government , showi ng theinstitutional change which makes the role orientation of CPC committee and NPC in the policy process more perspicuous and stable . Historical researches indicate there is a significantly positive correlation bet ween social development of China and the position of NPCin the decision model . The decision model which consists of CPC committee initiative and NPC deliberation establishes firml y the NPC as the supervisor on decision of significant policy , and provi des systemsupport to democratization , scientification and iuridification of decision . In order to keep balance and har mony bet ween CPCcommitteeinitiative and NPC deliberation , the structure of decision power should be optimi zed .

2011 Vol. 41 (5): 27-34 [Abstract] ( 1186 ) [HTML 1KB] [PDF 1822KB] ( 1547 )
35 Wan Bin Wu Jian
On the lntrinsic Relationshi ps among Liberty , Democracy and the Rule of Law

The relationships among liberty , democracy , and the rule of laware very complicated . Howto define and adjust their values is the key totheintegration of socialist politics and real life . De mocracy is the result of a tensile force fromliberty and equality . It is a political mechanis m which can realize liberty and adjust the tension bet ween liberty and equality . The rule of lawis a nor mative institutional arrangement which develops democracy and realizes liberty rationally . The positive connection bet ween democracy and the rule of lawexpresses itself in their dependence on each other and in the beauty of liberty which is realized in the process of inter-adaptation and inter-coordi nation with liberty .

2011 Vol. 41 (5): 35-42 [Abstract] ( 4971 ) [HTML 1KB] [PDF 1711KB] ( 3533 )
43 Tao Ran
A Study on the New Literary Exchange Pattern between Yuan Empire and Korean Kingdomin the Metropolitan and Vassal States System

The new political relationship-tributary system bet ween the Yuan Empire and the Korean Ki ngdom was very different from those in the Liao ,Song and Jin dynasties . This new system defined the status of metropolitan and vassal states . Through diplomatic intercourses , royal fami lies' exchanges ,imperial exami nations ,traveling scholars ,and the spread of books ,the channel of literary exchanges bet ween the Yuan Empire and the Korean Ki ngdom was broadened . The stable system of metropolitan and vassal states resulted in the flourishing of Korean literature which was influenced by the literature in China proper . This flourishing manifested itself in the explosive increase of literary works and prestigious writers in the late period of the Korean Ki ngdom.The fashion of Korean literature turned fromflowery style ,emulating the poets in the late Tang Dynasty ,to a leisurely and comfortable style ,like Bai Juyi's poemin his old age , then to the style of Su Shi who was admi red andfollowed by many Korean writers and poets .This transformation ,fromemulating the styles of the Tang to Song Dynasties ,reflected the process of the metropolitan and vassal states system.

2011 Vol. 41 (5): 43-49 [Abstract] ( 3625 ) [HTML 1KB] [PDF 1882KB] ( 2618 )
50 Zhang Yulai
The Discussion on Copyright of Zhongyuan Yinyun

Zhongyuan Yi nyun is a kind of song rhyme book , mostly Literature writings and scholarly research works fromthe Yuan Dynasty acknowl edge that Zhou Deqi ng whose hometown is Jiangxi Gao' an in Yuan dynasty creates the Zhongyuan Yi nyun . But from Mi ng dynasty some researchers suspected that Zhongyuan Yi nyun hadinherited previous works and Zhou Deqi ng was only an adapter . In fact , the Beiyi n rhyme books had been handed down for generations from Southern Song dynasty . There is no doubt that Zhou Deqi ng had referred this kind of works during the process of creating Zhongyuan Yi nyun . the copyright issues of this book just because he did not make a clear explanation . However , if you have analysed the final version of Zhongyuan Yi nyun , we will find that all the rhyme characters have been re- measured and arranged by Zhou Deqi ng , although it inherited some from previous works . So , we can make an conclusion that the copyright of Zhongyuan Yi nyun should be attributed to Zhou Deqing .

2011 Vol. 41 (5): 50-59 [Abstract] ( 5872 ) [HTML 1KB] [PDF 2447KB] ( 4600 )
60 Gong Yanming
Howto Use Academic Accomplishments of Bureaucracy Studies to Explain and Annotate the Unearthed Literature : Taking Two Epitaphs for Example

This essay discusses about two newepitaphs of the Tang and the Song dynasties ,which have been explained incorrectly . Through several examples ,the author shows how to pause sentences ,howto differentiate positions and personal ranks ,and how to differentiate formal and informal names of official positions ,etc .By writing this paper ,the author wi shes young scholars of archeology could do more study on bureaucracy ,which will definitely improve the academic level of the study of the newl y unearthed literatures .

2011 Vol. 41 (5): 60-63 [Abstract] ( 1206 ) [HTML 1KB] [PDF 1162KB] ( 1673 )
64 Zhao Xiaolan
On the Evolution of the Aim of Missionaries' Chinese Press

Mi ssionaries' Chinese press origi nally aimed at spreadi ng Christianity with China' s first modern magazi ne Chinese Monthly Ma gazine as an epitome of its kind . However ,in the l840s ,a new magazi ne Eastern and Western Ocean’s Monthly Investigation was published and shifted the emphasis away from Christian preaching to Western culture introduction ,which marked the shift of the aim of the religious press fromthe spread of religion to that of Western culture .Thel860s and l870s witnessed the coexistence of bot h nonreligious and religious magazi nes , while the begi nning of the 20th century saw mi ssionaries' Chinese press returned to the starting poi nt ,i .e . "regardi ng and expoundi ng Christianity as its fundamental task" .In short , mi ssionaries' Chinese press experienced an evol ution in positioning its aims - fromthe spread of Christianity to that of Western culture and then back to the starting poi nt .

2011 Vol. 41 (5): 64-70 [Abstract] ( 5647 ) [HTML 1KB] [PDF 1664KB] ( 4346 )
71 Chen Jin Jiang Ziiun Chen Yufen
The lnfluencing Factors of Absorptive Capacity under the Paradigm of Open lnnovation

Absorptive capacities are the deter mi nants of success of open innovation . This paper analyzes the key influencing factors of absorptive capacity . The absorptive capacities of external knowl edge are low in Chinese enterprises . This paper shows that the position of firms in the innovation network , the channel for acquiring external knowl edge , the frequency of external contact are deter mi nants of potential absorptive capacity . The relationship of social capitals and the attributes of external knowl edge are deter mi nants of actual absorptive capacity . In addition to those mentioned above , firms' knowl edge base , R&D intensity , the learning intensity and learning methods of employees , open culture and learning mechanism are all important influencing factors . At last , this paper puts for ward some suggestions for enterprises toimprove the absorptive capacity .

2011 Vol. 41 (5): 71-82 [Abstract] ( 1310 ) [HTML 1KB] [PDF 2287KB] ( 2130 )
83 Gao Fen
Review and Analysis of Woolf Fiction Studies in China over the Past 60 Years

Athorough review and deep analysis of Vi rgi nia Woolf fiction studies in China over the past 60 years may provi de useful suggestions for the development of foreign literature studies . Woolf study origi nates in Chinainl929 andfeatures as "poi nted review" in the followi ng20 years . After the foundi ng of the People' s Republic of China in l949 ,there is a stagnation of research in the initial 30 years ,while the latest 30 years witnesses a surge of academic papers and books in ter ms of form and subiect , theory of fiction , femi nist criticis m, post- modern criticis m and comparative criticis m. Compared with Western Woolf studies ,the advantage we hold is the integral critical perspective ,while the limitations are repetition ,passive imitation and unsuitable application of critical approaches .

2011 Vol. 41 (5): 83-93 [Abstract] ( 3272 ) [HTML 1KB] [PDF 2403KB] ( 4111 )
94 Zhang Xiaodi Yao Yao
An Analysis of the Effect of Entrepreneurship on Chinese Regional lnnovation and Economic Growth during Globalization

Private Entrepreneur is the heterogeneous human capital during China' s globalization and transition . Based on the panel data of the eastern 9 developed provi nces during the period of l995 2009 , this paper calculates the Mal mquist productivity index of the provi nces and decomposes theminto efficiency change and technological change components . After controlling regional innovation and FDI , we explore the impacts of heterogeneous human capital - private entrepreneur on the Mal mquist productivityindex ,efficiency change and technological change . The paper finds that entrepreneurship is different fromthe human capital which is measured only by education . It contributes more to the economic development . Besides , FDI substitutes the entrepreneurship and the entrepreneurship combined with regional innovation promotes the economic growth . It indicates that entrepreneurship is the cause and motivation of the regional innovation and economic  development .

2011 Vol. 41 (5): 94-106 [Abstract] ( 1196 ) [HTML 1KB] [PDF 2635KB] ( 1458 )
107 Yuan Huarong Xu Xiaoqiu Meng Dongiun
Some lssues about the Related Applied Theories in China's Western Development Program

Finiteness , and the essential zero-sumrelationship and correlation make human beings unable to"own all the best things in the world at the same time" or "just do one thing at the same time" : road construction promotes poverty elimination while causing damage to the environment in mountainous regions ;biological crisis , however , lurks about in the settlement of nomads ; roads lead to the segmentation and fragmentation of habitats , further the crowning calamity of wild life ; the prosperity of oasis results in " biological fault" while driving the spread of desertification ; various general preferential policies for improvinglivelihoods bring about stimulus to birth . Most of the issues that western development has to tackle are non-institutional and non-technical ones that can be fundamentally solved through downsizing . We should adhere tothe principle of "having Do's and Don'ts" , shifting from the guiding ideology of "problem-solution type" to that of "solution-problemtype" , carrying out policy coordination andintegrative decision-making to optimize the overall policy effect , and seeking "solution within the system" while downsizing population and trying to avoid the transfer of crisis to nature in the campaign of anti-poverty . Many issues in the western development are all correlated and embody the universality theory fromcause to remedy , which is briefly analyzed in this paper .

2011 Vol. 41 (5): 107-117 [Abstract] ( 3694 ) [HTML 1KB] [PDF 2692KB] ( 2434 )
118 Lin Jinsong
A Legal Sociology Analysis of Certificates lssued by Units in Judicial Trials

The evidentiary effect of certificates issued by units is short of a basis in legal theory. Nevertheless , the certificates issued by units arein common useiniudicial practices . The emergence and development of this phenomenon should be analyzed in the perspective of legal sociology. The social roots which make this phenomenon come into beinglieinthe advent of the unit systemin China . On the one hand, in the unit society, the units supervise and control their me mbers while the me mbers are submitted to and dependant on the units . The social relationship bet ween these two subiects results in a situation that the units become the authoritative spokesmen of the indivi dual witnesses . On the other hand, homogeneity of the units enhances the acceptance of the certificates used in iudicial trials . However , as the unit society of Chinais disintegrating,the phenomenon shows the tendency of a gradual decline . Further more , the transformation of the trial mode has accelerated this progress . Units' certificates applied as evidence ought to vanish in the Chinese iudicial practice , but this will undergo a fairlylong process . In this process , it is extremely crucial for the iudges to adopt a correct attitude towards their "complex of unit" .

2011 Vol. 41 (5): 118-126 [Abstract] ( 3604 ) [HTML 1KB] [PDF 2434KB] ( 2415 )
127 Li Youxing Fan Junhao
On the Standard for Unspecific Objects in lllegal Fund-Raising : A New Explanation fromthe Perspective of Private Placement

Whether or not the fund-raising obiects are specific will affect the nature of the fund raising in private sector . One of the necessary components for illegal fund-raisingis raising funds from unspecific obiects . Although there are rules on illegal fund-raising , the rules are so vague and simple and have many defects such as the vague standard for friend-relative , the improper characterization of spreadi ng from mouth to mouth and so on . In the case of Wu Yin , these problems became the foci of the controversy , and further more , one cannot reach the correct conclusion by merely relyi ng on crimi nal law. To perfect the standard for unspecific obiects , the institution of "safe-harbor" in the U.S. securities lawis of significant reference value . In order to achieve this goal , we should amend the crimi nal law, clarify the standards , change the legal regulatory architecture and transformthe government's philosophy in regulation .

2011 Vol. 41 (5): 127-137 [Abstract] ( 1294 ) [HTML 1KB] [PDF 2717KB] ( 1740 )
138 Wang Weinong Xu Xiaofan
The Study on lssues Related to Anti-monopoly Regulation on Large-scale Retail Enterprises Abusing the Do mi nant Position : Based on the View of Two-sided Markets Theory

The behavi or that large-scale retail enterprises unreasonably charge the slotting fees and rebates to the suppliers causes the conflict intensified. The illegality and regulation of this action has al ways been academically controversial . In the identification of large-scale retail enterprises' market position, the traditional unilateral market model can no longer make a clear distinction bet ween an enterprise of domi nance position and that of advantage . By introducing the two-sided market model into the field of antitrust , the abuse of the advantage position for large retailers can be identified within this new perspective and theoretical frame work . In the two-sided market , enterprises gain their advantage position by the customers' dependence , and can be iudged as abusing the advantage position if imposing unreasonably slotting fees . As for China , legislations should be improved and supervision should be strengt hened, especially in the anti-trust legislation and practice , in order to regulate the new arising economic situation and problems as far as possible.

2011 Vol. 41 (5): 138-146 [Abstract] ( 1168 ) [HTML 1KB] [PDF 2135KB] ( 1646 )
147 Zhao Jun Han Xiaoan
Mutual Encouragement and lnteractions bet ween WTO Rule of Law and China's Rule of Law

China has become a WTO me mber for about ni ne years .Evaluating and reflecting on China's gain and loss is imperative . With significant interdependence and cooperation among countries and the notion of "global governance" ,the international rule of law constitutes a reasonable reaction toward globalization.As a crucial component of international rule of law,the WTO rule of law is a typical example of international rule of law.Simi lar to the garden- variety rule of law,the tension bet ween value andinstrumentality as well as the divergence bet weenformal rule of lawand substantial rule of lawbot h exist inthe WTOrule of law.The WTOrule of lawshares certain commonality withthe domestic rule of law,while showi ng some differences when compared withthe domesticrule of law.Particularly,the WTO dispute settlement mechanismconstitutes one of the significant pillars of the WTOrule of law.The series of "zeroi ng" cases in the perspective of WTOdispute settlement mechanismhas illustrated the status quo of the WTO rule of law. However ,the WTO rule of law also has its own limitations . While bringi ng opportunities ,improvi ng the WTOrule of lawalsoimposes challenges ,and thus it becomes necessary to re- define sovereignty.The WTOrule of lawhas significantlyinfluenced China's rule of lawinthe areas of legislation,adi udication as well as legal implementation.At the same time ,the mutual encouragement and positive interactions bet ween China's rule of lawandthe WTOrule of lawis also crucial :we should make the good use of the WTOdispute settlement mechanism,participate in the international rulemaking,and integrate various forces to push China's rule of law by seizi ng appropriate opportunities.

2011 Vol. 41 (5): 147-162 [Abstract] ( 3917 ) [HTML 1KB] [PDF 3457KB] ( 3427 )
163 Xie Wenwu Xiao Wen Wang Ying
The Impact of Open Economy on Carbon Emi ssions : Evidences from China's Provi ncial & lndustrial Panel Data

This paper studies the impact of foreign direct invest ment , out ward foreign direct invest ment and international trade to carbon emi ssions in China . The empirical results showthat foreign direct invest ment and out ward foreign direct invest ment help reduce carbon emi ssions in China bot h in regional and industrial panel data , while export increases carbon emi ssions . However , the influence of open economy on carbon emi ssions in different regions and industries shows different characteristics . Regional differences in carbon emi ssions reflect the development level of local economy and leadi ng industry-related , in addition ,industrial characteristics also deter mi ne the level of carbon emi ssions . Based on these findi ngs , the government shouldimprove environmental protection standards , monitor the implementation of corporate compliance so as to improve the domestic environment , and intensify efforts to restructure the economy , urge the region to achieve industrial upgradi ng as soon as possible , while at the same time improve the efficiency of stringent environmental management policies on high-emi ssion types of trades , and encourage enterprises to reduce emi ssions through improvi ng production technology .

2011 Vol. 41 (5): 163-174 [Abstract] ( 1166 ) [HTML 1KB] [PDF 2458KB] ( 1570 )
175 He Jingtong Xu Lu
Subject Behavior , Expectation For mation and St abili ty in Real Estate Market

Based on the theory of behavi oral economics , a study on market subiect decision- making process and operating mechanism of our real estate market is carried out theoretically and empirically. The result shows that behavi ors of government , real estate developers and residents are significantly affected by some behavi or factors such as money illusion , overconfidence , one-sided information and monopoly supply, which continue to push up the appreciation expectations of the real estate , and the behavi ors are strengt hened when the expectation comes true . The appreciation expectation continues to increase for this positive feedback process , whichis alsotheimportant drivi ngforce of the sustained high growt h of real estate market in China . Estimated results show that 43 .42 % of the estate turnover growt h results fromthese behavi or factors . The neglect of behavi or factors is the fundamental reason why our control policies impact little on real estate market in recent years . In conclusion , several policies , includi ng the reduction of frequent publication of one-sided information , the change of the direct dependence on land finance of local government and the elimi nation of monopoly supply of real estate , are suggested to establish a sound marketization performance mechanis m, so as to achieve a stable development in real estate market .

2011 Vol. 41 (5): 175-187 [Abstract] ( 3614 ) [HTML 1KB] [PDF 2607KB] ( 3093 )
188 Jin Xueiun Chen Xue
A Study on the Regimes-Switching of Fluctuations in RMB Exchange Rate Risk Premium

Using the Markov-regimes-switching- ARCH model , this paper detects the behavior of fluctuations in RMB-exchange rate risk premi umfromJan .2002 to Oct .20l0 and finds there was obvious regimes-switching in fluctuations of risk premi um deduced as the deviations from uncovered interest parity on the pair of RMB/ US dollar . During the two periods in the global financial crisis , one from Sep .2007 to Aug .2008 and the other from July to Oct . 20l0 , the fluctuations of risk premi um was in the high-fluctuation regime . In the other periods they stayed in the low-fluctuation regime . After comparing the volatility of several macroeconomic variables in the two regimes , we find that the volatilities of the monetary variables such as exchange rate , the interest rate , the price level showed significant differences in the two regimes , while the volatilities of the non- monetary variables such as the production and the consumption did not show these differences . Both the capital-control and the exchange-rate-stabilization policy can reduce the volatility of RMB exchange rate risk premium.

2011 Vol. 41 (5): 188-199 [Abstract] ( 3610 ) [HTML 1KB] [PDF 2759KB] ( 3145 )
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2011 Vol. 41 (5): 4- [Abstract] ( 122 ) [HTML 1KB] [PDF 0KB] ( 22 )
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