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JOURNAL OF ZHEJIANG UNIVERSITY 2014 Vol.44 Number 4
2014, Vol.44 Num.4
Online: 2014-07-10

Article
 
Article
1
2014 Vol. 44 (4): 1-4 [Abstract] ( 304 ) [HTML 1KB] [PDF 554KB] ( 710 )
5 He Wenjiong Yang Yixin Wang Lusha Xu Lin
A Study on the Reform of the Maternity Protection System in China

The maternity security system in China has experienced a series of reforms in the last 30 years .At present,two types of social security systems play the functions of the maternity security .One is the maternity insurance system,which provides maternity allowance and medical benefits on maternity to wage earners in state organizations,enterprises,institutions and other economical and social organizations .The other is the new rural cooperative medical system and basic medical insurance for urban residents,which provides rural and urban residents (no-wage-earners) with only partial medical expenses on maternity .Compared with the wage earners,no-wage-earners cannot get compensation in the period of earning interruption . This system has many problems . First of all,there is the problem of″fragmentation .″The participants are graded according to their identities .It's hard to transfer the maternity insurance accounts among different regions,since different regions have different policies .Secondly,there is the problem of a lack of fairness .Differences in the maternity protection benefit are quite remarkable among different classes of participants,with employees in the state organ and institutions the highest,enterprise employees the second and rural and urban residents the lowest .Thirdly,the actual coverage of the maternity security is inadequate .According to the already-established system,all the wage earners should be covered by the maternity insurance .However,the number of the people participating in maternity insurance is much smaller than that participating in the basic old-age insurance and basic medical insurance .Fourthly,operation efficiency of this system is not very high .Sometimes it's difficult to distinguish the maternity insurance item from the expenditure on birth-giving,or other medical insurance items .The responsibility border between the maternity insurance fund and the basic medical insurance fund is not clear . Compared with other social security programs,maternity security receives less attention in both the academic and the practical fields .Some scholars have put forward ideas on how to improve the maternity insurance system .They propose to build a unified system that allows rural and urban residents to have equal access to the benefit,but most of them are not quantitative analysis .There is also lack of specific measures to support the ideas . Following the policy of″making coverage universal,ensuring basic care,and providing multilevel and sustainable social security″and the principle of″establishing a fairer and more sustainable social welfare system,″we should protect the maternity security right of all the people .Therefore,a new maternity security system of universal coverage should be established : ″maternity allowance system″+″maternity medical expense security in the basic medical insurance .″Specifically,the medical expense in the original system should be merged into the basic insurance's responsibility ;the maternity allowance system should be set up to cover all the urban and rural residents,which provides basic income compensation in the period of earning interruption . This paper forecasts the number of people who enjoys the maternity allowance and the size of the fund in the future based on the population forecast model and actuarial analysis model .The results show that the fund needed for the maternity allowance takes up a very small proportion in the government revenue . The medical expense in the original maternity insurance system is suggested to merged into the basic insurance responsibility .The paper reveals the effect of this adjustment on medical insurance fund paying based on the quantitative analysis model . The results show that the contribution ratio of basic medical insurance should be increased by 0.28%-0.35% .In conclusion,the reform of the maternity protection system is essential and feasible .We propose to create conditions and operate the reform step by step .At the same time,much attention should be paid to the comprehensive social effect of the reform .Also,the related issues should be appropriately handled in the period of system transition .

2014 Vol. 44 (4): 5-18 [Abstract] ( 1062 ) [HTML 1KB] [PDF 2508KB] ( 2653 )
19 Guo Zili
Several Important Theoretical Issues in Biomedical Law

Organ transplantation,artificial reproduction and gene therapy are the most exciting research results in the 21th Century,which will certainly greatly benefit the human society .This article discusses some important issues from the civil law and criminal law perspectives .The author puts forward the legislation proposition based on the shortcomings of our present legislation and the reference of the legislation experiences of foreign countries,hoping to fill the research gaps in biomedical law . The first part discusses the relative issues of organ transplantation .Human organ transplantation was a major breakthrough in the field of medicine in the 20th Century .It resolved the questions which drug and other traditional methods of medical treatment cannot achieve,opened up broad prospects for the treatment of certain diseases and made the limited health resources more efficient .It is one of the highest achievements of the modern biomedical science .Coming with it are the crimes which include illegal trade in human organs,illegal removal of human organs,cross-border trade,smuggling and other acts of human organs .The article starts from the concept and judgment standard of brain death,which is the legitimacy of organ transplantation .Then the author analyzes the legal issues in different steps from the selection of donator and receptor,informed consent,the use of fetus and prisoners'body organs .At last it focuses on the different regulations for different crimes in other countries,and gives advices to the legislation in our country . The second part discusses the crimes in genetic therapy .Genetic therapy is a new medical treatment that involves many risks and remains to be improved .Keen attention therefore must be paid to moral and legal issues in biology and medicine .Criminal law,however,can be applied to some perceived culpable behaviors in practicing genetic therapy with great caution only as a last resort,lest the development of sciences should be impeded by improper interpretation of law . The last part discusses artificial reproduction .As an important method of curing infertility in modern times,artificial reproduction is an important remedy for traditional and natural reproduction . While it challenges traditional ethics,artificial reproduction also puts forward challenges to the existing legal systems .Some key points such as the legal status of zygote,children's legal issues of the artificial insemination by donor,the reproductive rights of artificial insemination by donor are analyzed emphatically in details .

2014 Vol. 44 (4): 19-32 [Abstract] ( 566 ) [HTML 1KB] [PDF 3019KB] ( 1852 )
33 Li Hengwei Xu Yi
Consciousness Studies in William James

The 1980s 90s witnessed the rise of″consciousness studies″(or more generally,″science of consciousness″),the so-called″Second Golden Age .″Science of consciousness is a multidisciplinary research area which involves philosophy,psychology,cognitive neuroscience,artificial intelligence,etc . As″father of modern consciousness studies,″William James (1842-1910) was among the most influential pioneers of″the First Golden Age″of″consciousness studies .″His pioneering and comprehensive work in″consciousness studies″involves four aspects .First of all,James' research topics of consciousness in philosophy and psychology,covering almost all subjects of″consciousness studies,″are still exerting vigorous vitality .His radical empiricism is an original contribution to solving the problems of substance dualism,determinist materialism,and rationalism .Secondly,James was one of the pioneers in the scientific study of consciousness . He believed that psychology must to a certain extent be a neurophysiology,and it must not only concern with various phenomena of the mind,but also explore the brain as it is the direct physical condition of those phenomena .Thirdly,because of his position in pragmatism and radical empiricism as well as his seriousness in the neuroscience researches of consciousness,James's attitude towards the methodology of consciousness studies was pluralism . He naturally integrated the first-person (generalized phenomenology) study of consciousness with the third-person (empirical science) study .Recent neurophenomenology is the best footnote of this methodology route .Fourthly,James regarded religious experiences as part of the spectrum of human consciousness and life of mind .He took the lead in combining the study of religious experiences with neurology,opened up the field of neurological researches of religious experience and established the″science of religion .″James was a non-disciplinary scholar in that his studies of consciousness were the comprehensive and uniform presentations of″the phenomenon of humans .″James's greatness lies in his deep respect for the complexity,diversity and wholeness of human nature . He always regarded man as a complex,whole,unified and empirical phenomenon,and awarded highest respect and honor to the experience .In the context of contemporary science of consciousness,there is a dual purpose in summarizing and reviewing James's studies of consciousness .Firstly,it contributes to the establishment of James's historical status and unique value in the period during which the method of consciousness studies was transformed from philosophical research into scientific .Secondly,James has provided the studies of metaphysics,phenomenology,cognitive neuroscience and methodology of contemporary consciousness science with extremely rich and comprehensive thought resources which still have vital significance even today .

2014 Vol. 44 (4): 33-44 [Abstract] ( 1080 ) [HTML 1KB] [PDF 2777KB] ( 3299 )
45 Hu Longbiao
Two Medieval Semantics and Their Modern Re-construction

Peter of Spain's realism and John Buridan's nominalism are generally taken as the two predominant complete medieval semantics .However,the real difference between them does not lie in ontology,but rather in their paradigms of constructing semantic theories . For realists,they insist on a one-to-one mapping of linguistic terms with ontological categories,i .e . a singular term signifies an individual item while a universal term signifies a general item,both of which are taken as a substantial existence .However,in the eyes of nominalists,there is no place for universal items,everything in the world is singular,and everything that exists is numerically one and undivided . Singular and universal terms would not differ in the type of entities they signify,but rather in the way they signify the same type of entities .In other words,both singular term and universal term are applied to signify individual items :a singular term signifies things in a singular manner,whereas a universal term signifies things in a universal manner .The latter is a key semantic strategy named″adverbialization″ when we deal with the significata of a universal term . Furthermore,the semantic strategy of ″adverbialization″is also extensively applied to the significata of connotative terms . Based on the different principles of term signification,the two semantics have totally different theories of propositional significata and truth-conditions .Realists are ontologically committed to the total significata of the proposition taken as a whole,particularly the significata of the complex terms or connotative terms in the proposition,and hence defines truth in terms of the actuality or non-actuality of these significata .For nominalist,by contrast,no such type of entities—propositions signifying complex significata—actually exists or should be asserted .What a proposition signifies is no more than what each term in it signifies .However,they are by no means useful in dealing with the semantic evaluation of propositions .Hence,by adverbializing universal terms as well as connotative terms,and introducing quantifiers,nominalists assign the truth conditions of a proposition in terms of whether or not the terms in it co-signify the same individual thing in the domain to which the quantifiers are restricted .In a semantic construction of this sort,neither the subject nor the predicate would be committed to universal entities or propositional significata for truth value .As a result of these logical tactics on the contrary,any unwanted or unnecessary ontological commitments are eliminated by realists .We can then neglect the difference between the two semantics and focus on the possibility and operability of realist semantics being at least partially integrated into nominalism . Generally speaking,nominalism is obtainable by the adverbialization of realist semantics .A rational modern re-construction is probably the best way to facilitate the comparison between the two medieval semantics,as well as their comparison with the competing modern quantification theory in so far as how nominalism semantics can be modified to represent the standard modern semantics merely by natural logic .The theory of NLS (natural language system) is such a complete semantics system based on the formalization of nominalism natural language semantics . NLS,which is devised to describe the nominalist notions and principles of term signification and co-supposition,provides an easily operable program to construct a natural semantics and to represent the multi-quantifier theory of the first order logic,in so far as it is infinitely close to the pure-natural-language based conventional human thinking . Furthermore,it is not necessary for NLS to carry out the semantic function of the predicates with an ontological commitment of sets,like what modern logic does .The construction of NLS follows the trend of advocating natural methods for the problems within natural logic .This is probably one of the main significances or innovations of this paper .

2014 Vol. 44 (4): 45-55 [Abstract] ( 691 ) [HTML 1KB] [PDF 1977KB] ( 1685 )
56 Shao Peiren Yao Jinyun
On the Mode of Communication :Core Communication Mode of the Analects and Confucianism Communication

Confucianism may include two integrated parts : the construction and the communication of virtue knowledge .Goals and means of communication have been embedded into the construction of virtue knowledge ;and the connotation of virtue knowledge has been practiced when it is communicated . They both aim at constructing a value which can be shared by everybody in society via communication,thus a common culture can be reconstructed and the society can be integrated . This communication thinking results from the two-thousand-year influence of the Analects and Confucianism .The modern value of communication thought of the Analects and Confucianism is that it differentiates transmission of information and value .In other words,communication of virtue knowledge and of observation should be distinguished .Thus it opens up a new path for transmission of social inheritance,which is considered to be an important function of communication .It also opens up a new path for the reconstruction of the Chinese value system .This paper employs the method of″creative hermeneutics″from Fu Weixun . The Analects contains four communication modes :internalization mode of value communication (to explain Li with Renand to implant emotion into reason) ;emotion mode of morality communication (just like that all the stars revolve around Polaris and that where the wind passes,the grass bends) ;extrapolation mode of interpersonal communication (Ren includes Zhong and Shu which refer to the consideration of others) ;situation mode of knowledge communication (one does not open up the truth to one who is not eager to get knowledge,nor helps out any one who is not anxious to explain himself) .In internalization mode,Ren,which originates in natural humanity,is the foundation of Li,and Li is an approach of Ren as value of Ren is practiced by the behavior of Li .In emotion mode,the communication of De (morality) in society includes″adsorption″ effect (just like that all the stars revolve around Polaris) and″touch″effect (where the wind passes,the grass bends) .″Adsorption″is caused by″touch″and″touch″contributes to″adsorption .″In extrapolation mode,humans need subjectivity of self-discipline (what you do not want done to yourself,do not do to others) and subjectivity of self-extrapolation (the man of perfect virtue,wishing to be established himself,seeks also to establish others ;wishing to be enlarged himself,he seeks also to enlarge others) .In situation mode,both the subjectivities of communication and receiver should be emphasized so that communication can achieve better results . A receiver becomes a communicator once he has subjectivity,and new knowledge will be created in the process of interaction .The deep structure behind those four modes is communication thinking of Confucianism,which follows one principle and runs through it all .Firstly,it emphasizes both subjectivity of communicator and receiver ; secondly,it has a practical spirit which pursues consistence of knowledge and action ;thirdly ;it includes a practical reason which mixed emotion and reason .Human (communicator and receiver) is the most important element in communication for Confucianism .However,content of communication gives service to human and media and symbol are only the means of communication .This means process of communication should be considered as early as the knowledge of virtue is constructed .The two questions are how virtue knowledge can be accepted by most people and whether it has the foundation of humanity . Therefore,Confucianism pursues a balance of emotion and reason and of knowledge and practice from the beginning to the end .Because the Chinese lack the tradition of asylum by gods and a perfect religious system,and also due to the less attention to behavior rather than language,the subjectivity of communicator,especially the receiver,is highly emphasized .

2014 Vol. 44 (4): 56-75 [Abstract] ( 952 ) [HTML 1KB] [PDF 4210KB] ( 1789 )
76 Xia Li’an Sun Xiang
Towards a Biopolitical Law :On Foucault's Legal Thoughts

Foucault has never been regarded as a jurist in the traditional sense,although he has made a huge contribution to jurisprudence . Following the historical path from pre-modern sovereign power to modern power,which includes both disciplinary power and biopower,he implicitly presents a unique biopolitical view on law . According to Foucault,in an age of biopolitics,on the one hand the disciplinary power and biopower have gradually changed the power foundation of law,which is the pre-modern sovereign power,and made law a tool of biopolitics,on the other hand law has covered,supported and subsumed modern disciplinary power and biopower,giving them legitimacy .Therefore,disciplinary power and biopower do not reduce the importance of law in modern society,make it disappear,instead all the three are increasingly interacting and subsuming each other,and make law grow greatly in the governance of modern society towards a biopolical state . According to Foucault's logic between law and modern power,the law in modern society,which is dominated by biopower,takes on the following features .First of all,it no longer simply uses″legal″or″illegal,″″permissible″or″forbidden″to classify human behavior,on the contrary it puts individuals into social life or the continuum between the normal and the abnormal,to guide them by the rules indigenized in the society,with the aim to realize the diversified biopolitical goals .Second,it abides by cost-benefit analysis of economics,and stresses the principle of″frugal government″in the process of biopolitics .Third,it often transgresses the boundaries of formal rational law,and tends to be pragmatical,which meas it is more political and instrumentalism .Fourth,due to the rational limits of the legislators,executors and judges,modern law relies more on the collection,statistics and analysis of all kinds of knowledge,information and documents about life,and makes the governance legitimate by the league of law and knowledge .Last but not the least,modern law is often implemented through freedom instead of constraints,contradicting the logic of traditional law .It is such a revolutionary view on law that it has been misunderstood as an ejection of law from modern society by some scholars,which is also partially because of Foucault's using of the term″law″in many senses . Thus,Fouault's biopolitical view holds that law is no longer a weapon for the protection of civil liberties and civil rights,but a normalizing apparatus to bring individuals into the power realm of explicit calculations .It not only challenges the traditional liberalist jurisprudence,but also criticizes that the governance of modern state,which regards law as a tool to realize liberty,will inevitably lead to biopoliticalization,and make people,who are no rational agents any longer,subject to the″soft totalitarianism .″ From the biopolitical perspective,we can have a critical analysis of governmental practice of legal fields,which include birth,immigration,war,environment,public health and so forth . However,in order to effectively assess the value and significance of this approach,we not only need to explore it in depth at the theoretical level,but also need to test its feasibility and usefulness at the empirical level in the future as well .

2014 Vol. 44 (4): 76-86 [Abstract] ( 814 ) [HTML 1KB] [PDF 2514KB] ( 1535 )
87 Li Youxing Chen Fei Jin Youfang
A Study on the Regulation of the Internet Finance

Both in the fields of the payment and the financing,the Internet and the finance are moving towards deep integration,which heralds the arrival of an Internet finance era .The main manifestation of the Internet finance is the application of the Internet information technology in finance .In essence,the Internet finance belongs to finance .Currently,as financial innovations,third-party payment,P2P lending and crowdfunding are emerging,which is the contribution of the application of the Internet information technology by the informal finance . Third-party payment is a helpful supplement of the payment system,P2P lending and crowdfunding are the typical forms of the inclusive finance . Under current Chinese laws,If not in violation of any law prohibition,there is certain legitimate space of existence for Internet finance .For the Internet finance activities,the transaction rules are in place while the regulations lack .At present,the Internet finance is thriving,but meanwhile,risks issues also arise continuously,which impose hidden perils to financial security .Gradually,people both from abroad and at home form the consensus that the Internet finance should be regulated . In China,based on the characteristics of the Internet finance,in order to prevent complicated and inefficient regulations which restrain financial innovations,the regulatory agency,the regulatory method and the regulatory system of the Internet finance shall be differentiated with those applied in the traditional financial institutions . At the same time,people shall strike a balance between market dynamics and risk control .The centralized and unified regulatory patterns or similar,which regulate the traditional financial institutions,should not be adopted .The regulatory authority should be gradually granted to the local governments,so as to realize the localization of the regulatory agency .Compared with the rules-based regulation,the standard-based regulation approach should be applied,which is more suitable for the regulation of financial innovation .To control risks,the safe-harbor mechanism of the Internet finance should be established . The safe-harbor mechanism has four core rules .The first one is the membership rule,which is designed to avoid public soliciting . Through three steps,namely,member registration,member screening and member invitation,the investors become qualified . The rule makes it possible for the Internet finance activities to avoid legal risk of soliciting to the public . The second is the escrow rule,which is in place to avoid fund-raising .P2P lending and crowdfunding platform are the information matching place,respectively for the direct debt finance and the direct equity finance .The platform shall not resume the money-settlement role in its business,which should be taken by the independent bank with the qualification of escrow . The third is the summary information-disclosure rule,which is to protect investors . Information disclosure applies not only to the stock market,but also to the entire direct finance system .It is their obligations for the platform and the money user to disclose the relevant information .However,the disclosure standard should be substantially lower than the stock market .The last one is the information-protection rule,which is made to protect the legitimate rights and interests .In the Internet finance platform,there are numerous ID and transaction data,concerning all participants,including borrowers,guarantors,investors,and others .It is the purpose of the rule to protect personal privacies or business secrets .

2014 Vol. 44 (4): 87-97 [Abstract] ( 2304 ) [HTML 1KB] [PDF 2748KB] ( 6147 )
98 Lin Jinsong
Returning to the Truth of Evidence :On the Methods of Interpreting the Concept of Evidence

In the past,″doctrine of fact″had commonly been used in academic field to refer to the interpretation of the concept of evidence,which is provided in the Criminal Procedure Code .This view claims that evidence is fact which is used to prove the truth situation of a case .However,in the eyes of the opponent of this doctrine,the essence of″doctrine of fact″lies in emphasizing the truth of evidence,so it not only breaches the epistemology of dialectical materialist,but also is inconsistent with the logic and practice of applying evidence .With the amendment of the Criminal Procedure Code in 2012,″doctrine of fact″was replaced by″doctrine of material″as a statutory definition of the concept of evidence .″Doctrine of material″avoids analyzing the truth of evidence,as whether it is true or not,any ″material″can be considered to be evidence in procedure .This change will give rise to a risk that the proposition that evidence must be true,which is derived from″doctrine of fact″would be negated .In fact,the interpretations of the concept of evidence in these two doctrines are simply applying the epistemology of dialectical materialist without discrimination .They concentrate on the question whether the″objective truth,″which is subject in full accordance with object,can be realized .Therefore,they fall into the ontological and metaphysical way of thinking,and are difficult to justify themselves .Applying the inter-subjectivity theory of modern epistemology,a new way of interpreting the truth of evidence will be found .From the perspective of this theory,the purpose of cognitive activity is to form a reasonable and acceptable result of cognition by means of inter-subjective evaluation and identification,but not to seek the absolute truth of the content of cognition .In the light of this theory,the truth of evidence must be interpreted as″alleged truth,″that is,a positive judgment made by the procedure subject who tenders evidence in the way of word or statement .Only having the quality of″alleged truth,″can evidence enter a procedure and become cognitive object of each procedure subject .″Alleged truth″is not objective truth,but is a sort of positive judgment or conclusion made by the subject who cognizes evidence that the content of cognition accords with the object of cognition .However,it does not mean that the subject who cognizes evidence can affirm or promise the truth of evidence arbitrarily .If the truth of evidence is interpreted as″alleged truth,″it will be found that,the opinion which″evidence must be truth″neither breaches the epistemology of dialectical materialist,nor contradicts the logic and practice of applying evidence .There are a variety of methods to define the concept of evidence,and it is unsuitable to define this concept in a standard and unified way of legislation .Under the background that the definition of the concept of evidence is still provided by Chinese legislation,it is very important to contain and accept the various interpretation of the truth of evidence .″Evidence must be truth″can be reasonably explained bases on″alleged truth″in theory and logic,and″alleged truth″can also guide the parties to produce evidence truthfully and the trial subject to evaluate and judge the evidence discreetly .

2014 Vol. 44 (4): 98-106 [Abstract] ( 573 ) [HTML 1KB] [PDF 2055KB] ( 1223 )
107 Yu Jianxing Shen Yongdong Zhou Jun
From the Dual Management to the Rule-based Regulation :The Rebuilding of the Regulation System for Business Associations during the Era of Comprehensively Deepening Reform in China

The Third Plenary Session of 18th CCP Central Committee restarts the reform agenda,which indicates that China enters the era of comprehensively deepening reform .It is the market that will dominate the resource allocation in China .As the third sector,business associations play a significant role of market-supporting and market-complementing .Therefore,rebuilding the regulation system of business associations will be the key issue of comprehensively deepening reform in China . The business associations' regulation system has been featured in the dual management for a long time in China .During the era of the dual management system,the regulation system of business associations mainly focuses on ex-ante regulation,however process regulation and post-regulation has been ignored .The government sets a high standard for business associations' registration with dual check from both the Civil Affairs Department and affiliated departments . The development of business associations meets opportunities with the dissolution of dual management system,while facing unprecedented challenges as well . Based on the experience of business associations' regulation abroad and the advancement of comprehensively deepening reform in China,the regulation system of business associations should be rebuilt .This paper develops a concept of″rule-based regulation,″which means both business associations and regulatory body should behave under the framework of laws and regulations . The core dimensions of″rule-based regulation″include laws and regulations which are the premise of″rule-based regulation,″regulatory body consisting of the government and other individuals/ organizations,regulatory process focusing more on the process regulation and post-regulation,and regulatory content . ″Rule-based regulation″overcomes the disadvantages of the dual management,such as administration intervention and monitoring control . Compared with the dual management,″rule-based regulation″has more diverse regulatory bodies,and pays more attention on the regulatory process .It emphasizes that both business associations and regulatory body should comply with laws and regulations .This can only be achieved when business associations could develop better in the unified,open,competitive and orderly market system .As an innovative concept,″rule-based regulation″makes a great contribution to the research of rebuilding the regulation system for business associations in China . This paper concludes by discussing the practice of″rule-based regulation,″including how to improve laws and regulations,how to reinforce the regulation of tax preference and profit-seeking behavior for business associations,and how to coordinate regulatory behavior of different government sectors and other regulatory body .This analysis indicates the practice of″rule-based regulation″needs other conditions to support .For example,the capacity of business associations is especially significant for″rule-based regulation .″Future work is needed in this area .

2014 Vol. 44 (4): 107-116 [Abstract] ( 579 ) [HTML 1KB] [PDF 2113KB] ( 1347 )
117 Qin Jinna Ding Huiping
Evolution Mechanism of Logistics Firms'Competence : An Analysis Based on Absorptive Capacity

Taking into account the features of logistics,this paper discusses the key elements constituting the competence of modern logistics firms and defines them in terms of a collection of organizational routines .The core competence of logistics firms comes from the combination of operational capability and absorptive capacity (AC) .Operational capability is the basic capability of sustaining the survival of a firm .It consists of 4 sub-capabilities (market identification & development capability,service management capability,technological innovation capability and network organizing capability) together with a collection of organizational routines and relevant resources .As a higher-level capability with strategic flexibility for resource re-deployment and reorganization of routines,absorptive capacity consists of two components,namely internal and external AC capabilities . The competence of a logistics firm results from the combination of organizational routines and the resources they control at three levels :individual,operational and managerial .Research indicates that the evolution of the competence of a logistics firm,with absorptive capacity as its dominant factor,is a process during which a firm actively seeks for the variation of the routines so as to facilitate the upgrading of its capabilities .During the process,absorptive capacity plays an important role of guiding the evolution of operational capability and promoting the upgrading of the capabilities at different levels .This includes the processes of the triggering of routine,the input of new knowledge,routine variation,multi-level selection,the retention and upgrading of capabilities,and so on .Among them,external absorptive capacity dominates the input of new knowledge which is gained from the multi-level knowledge sharing pipelines in the routine interactions between the leading logistics firms and enterprise partners in the supply chain . The pipelines provide an access to the value-added knowledge of targeted customers .The new ideas and thoughts,generated by the input of new knowledge and guided by the routines of internal absorptive capacity,will lead to variations after being integrated with the existing routines of sub-capabilities and produce new routines or new sub-routines .This part of routine innovation is achieved by the participation of all the sub-capabilities of operational capability with a focus on customer value creation .As a result,new products and services options are created .However,the new products and service options are subject to the systematic routine selection process in a firm .It has been proved that when it comes to sustainable growth,logistics firms find it hard to strike a balance between customer satisfaction and investment cost .The enhancement of one sub-capability does not necessarily produce a positive correlation with operational capability . The verification of synergetic cost acts as the main solution to this problem . The new routine must undergo the″synergistic effect″test involving the four sub-capabilitiesas it is a cross-sector,multi-level systematic selection process,in which the management sector plays a crucial role .Obviously,the creation of new products and new services needs to be accompanied by the improved operational procedures and networks .Consequently,one variation of an important routine might cause the variation of the whole collection of one sub-capability,and the desired generation of synergy effect among all its new sub-capabilities literally leads to the substantial enhancement of the operational capability of logistics firms .In conclusion,the creation of new routines needs to go through the″synergistic effect″verification and″strategic fit″test by means of multi-level selection in the real world .

2014 Vol. 44 (4): 117-125 [Abstract] ( 488 ) [HTML 1KB] [PDF 1941KB] ( 955 )
126 Chen Guoquan Yu Yang
The Production and Distribution of Public Goods :Two Different Administrative Logics

It has been a widely discussed academic issue that what is the relationship between economic development,institutional structure,and the degree of corruption in the practice of anti-corruption campaign in China . However the existing literature largely focuses on cross-national data to analyze the causes of corruption and overlooks social,economic,and in particular,cultural factors in different countries .In the mean time current research on corruption in China remains on the level of macro-factor analysis due to data scarcity .There have been few empirical studies to test the research hypothesis based on large sample data .In general the″real world″inquiry of corruption in transitional China is largely lacking . This article first provides a comprehensive review on causal factors of corruption in China and abroad based on the state-centered and market-centered paradigms and elucidates how economic development and institutional structure factors may have a significant impact on curbing corruption .Following the theoretical review this article uses the panel data from 2006 2010 in 21 prefecture-level cities in G province to analyze the relationship between economic development,institutional structure factors and the degree of corruption .Based on fix-effect panel data model,local Gross Domestic Product (GDP),government size,and relative pay scale of civil servants are used as proxy of economic development and institutional structure factors .It is found that all the above-mentioned factors had a positive impact on corruption and neither was able to curb corruption at the local level .It is argued that in a certain time period economic development and institutional advancement could not provide strong anti-corruption mechanisms . The policy implication of this research indicates that the reliance on promoting economic development,optimizing government size,and improving civil servants' pay are not effective in anti-corruption campaigns .More systematic institutional reforms have to be put in place to curb corruption . There are several important contributions of this article .First of all,city-level data is used to measure the impact of economic development and institutional structure on corruption,in comparison to most existing literature that relied on cross-national or provincial level data . City-level data limits the scope of analysis and unifies the socio-economic characters of the unit of analysis,which significantly improves the validity and explanatory power of this research . Moreover,due to data limitation most existing research uses basic pay of civil servant as the proxy of institutional structure and ignores the existence of large amount of allowances as part of civil servants' income .This research collects internal pay data from local disciplinary inspection committees and uses actual pay statistics that include both fringe allowances and basic pays .This data provides a much better measurement and improves the validity and explanatory power of this research . Due to the limitation of data availability,ambiguity of corruption measures,and varying statistical standards in different cities this article could not include all necessary control variables in the model,which may present potential validity threat to the explanatory power of this research .This methodological issue is a limitation of similar studies and should be addressed in future research .

2014 Vol. 44 (4): 126-133 [Abstract] ( 399 ) [HTML 1KB] [PDF 1832KB] ( 729 )
134 Ni Xing Yuan Chao
Economic Development,Institutional Structure,and the Degree of Corruption : A Panel Data Analysis Based on 21 Prefecture-level Cities in G Province (2006-2010)

It has been a widely discussed academic issue that what is the relationship between economic development,institutional structure,and the degree of corruption in the practice of anti-corruption campaign in China . However the existing literature largely focuses on cross-national data to analyze the causes of corruption and overlooks social,economic,and in particular,cultural factors in different countries .In the mean time current research on corruption in China remains on the level of macro-factor analysis due to data scarcity .There have been few empirical studies to test the research hypothesis based on large sample data .In general the″real world″inquiry of corruption in transitional China is largely lacking . This article first provides a comprehensive review on causal factors of corruption in China and abroad based on the state-centered and market-centered paradigms and elucidates how economic development and institutional structure factors may have a significant impact on curbing corruption .Following the theoretical review this article uses the panel data from 2006 2010 in 21 prefecture-level cities in G province to analyze the relationship between economic development,institutional structure factors and the degree of corruption .Based on fix-effect panel data model,local Gross Domestic Product (GDP),government size,and relative pay scale of civil servants are used as proxy of economic development and institutional structure factors .It is found that all the above-mentioned factors had a positive impact on corruption and neither was able to curb corruption at the local level .It is argued that in a certain time period economic development and institutional advancement could not provide strong anti-corruption mechanisms . The policy implication of this research indicates that the reliance on promoting economic development,optimizing government size,and improving civil servants' pay are not effective in anti-corruption campaigns .More systematic institutional reforms have to be put in place to curb corruption . There are several important contributions of this article .First of all,city-level data is used to measure the impact of economic development and institutional structure on corruption,in comparison to most existing literature that relied on cross-national or provincial level data . City-level data limits the scope of analysis and unifies the socio-economic characters of the unit of analysis,which significantly improves the validity and explanatory power of this research . Moreover,due to data limitation most existing research uses basic pay of civil servant as the proxy of institutional structure and ignores the existence of large amount of allowances as part of civil servants' income .This research collects internal pay data from local disciplinary inspection committees and uses actual pay statistics that include both fringe allowances and basic pays .This data provides a much better measurement and improves the validity and explanatory power of this research . Due to the limitation of data availability,ambiguity of corruption measures,and varying statistical standards in different cities this article could not include all necessary control variables in the model,which may present potential validity threat to the explanatory power of this research .This methodological issue is a limitation of similar studies and should be addressed in future research .

2014 Vol. 44 (4): 134-145 [Abstract] ( 1157 ) [HTML 1KB] [PDF 2445KB] ( 1724 )
146 Liu Huimei Gordon Walker
Culture,Self-Construal and Chinese People's Leisure

The purpose of this paper is twofold :(1) to introduce the concept of self-construal,to describe how it could affect Chinese people's cognitions,emotions,and motivations,and to discuss how these,in turn,could influence Chinese people's leisure (e .g .,motivations for,constraints to,and participation in) .And (2) to call for Chinese leisure researchers to use caution when introducing and applying leisure concepts and theories developed in the West . To achieve the above,we first review some of the key Western leisure concepts and theories that have been introduced and extensively cited in the Chinese leisure literature .These include,for example,the definition of leisure and leisure constraints theory . Secondly,we discuss the concept of self from both a philosophical and a psychological perspective .In terms of the former,for thousands of years people have tried to answer the question″Who am I″and to address other issues associated with the″self .″European thinkers such as Descartes said Cogito ergo sum (i .e .,″I think,therefore I am″),while Kant advocated for″self-consciousness .″Asian thinkers have likewise done so .Confucius,for instance,believed that one should explore thoroughly the rules of the universe,understand totally the nature of human being,and then know that one should observe Nature and can never disobey Him . Similarly,according to Daoism,returning to one's nature,then Heaven,Tao and eternal self are combined together,while Buddhism claims that,if you know your true self,you can become a Buddha .In terms of the latter,one of the most often-cited psychological self-concepts is Markus and Kitayama's (1991)″self-construal .″These researchers held that there are two types of self-construal-independent and interdependent-with the former placing greater emphasis on being unique and expressing one's inner attributes,whereas the latter placing greater emphasis on belonging,relatedness,and maintaining harmony .It is important to note here,however,that a person is not one or the other,but rather both,with a tendency toward either independence or interdependence .Also noteworthy here is that Markus and Kitayama proposed that independence was more common in Western cultures and interdependence was more common in Eastern cultures and,further,that this in turn would have important implications for how each thought,felt,and was motivated to act . Thirdly,based on Markus and Kitayama's (1991) conceptualization,the authors argue that self-construal is instrumental in understanding Chinese people's leisure cognitions,emotions,and motivations .For example,because Chinese are more likely to be interdependent,they are also more likely to view leisure as an important means for maintaining relatedness and harmony among family,friends,and relatives,rather than a means of self-growth or being oneself .Also affected are Chinese people's leisure choice and constraints in that they are more likely to choose collective leisure activities,such as group dancing in open spaces and public squares,to be with others and establish harmonious relationship between friends .Lastly,Chinese people are also more likely to sacrifice their own leisure time and opportunities because of family obligations,thus experiencing more constraints to leisure . Chinese people's emotional responses during leisure could also be influenced by their interdependent self-construal . Tsai,Knutson,and Fung (2006 ) suggested that having an interdependent self-construal could be associated with preferring low arousal emotions,controlling and regulating one's emotions in order to maintain social harmony .This tendency could help explain why the majority of modern Chinese people prefer passive leisure activities . This argument is also congruent with the passive aspect of traditional Chinese leisure activities,such as the four accomplishments of the old scholars (lyre-playing,chess,calligraphy,and painting) and other leisure activities including tea and wine drinking,visiting festival temple fairs,bird and fish watching,fishing,hawk-flying,kite-flying,shuttlecock kicking,riddle guessing,gardening,opera,epigraphy,get-togethers for couplet and poet writing and appreciating,the gathering on March the third (lunar calendar) sitting around a winding canal and drinking the cup of wine while it stops from floating,and slow and peaceful exercises like Tai chi and sword dancing . Chinese people's motivation for participating in leisure activities could also be impacted by the type of self-construal they hold .For example,independent self-construal individuals may be more likely to favor″freedom of choice″or″autonomy,″and these two variables are core features of leisure concepts and theories in Western literature .Because leisure research in China has been influenced by Western leisure studies,many Chinese researchers may regard these two variables as essential part of Chinese leisure too . However,existing studies suggest that,for interdependent self-construal individuals,relatedness may be more important than freedom of choice or autonomy . In summary,this paper makes an important contribution to the literature in two ways .The first involves identifying the important role that the concept of self-construal plays in understanding Chinese people's cognitions,emotions,and motivations and how these in turn can influence their leisure motivations,leisure constraints,leisure participation,etc . This knowledge,we contend,could help Chinese leisure practitioners in terms of designing programs,selecting promotional and advertising material,etc .The second contribution is that it indicates caution is called for when blindly importing Western leisure concepts and theories into non-Western countries such as China .After reviewing the extant literature,the authors propose that the two important defining features of leisure-freedom of choice and autonomy-might not necessarily be as important for Chinese people,who are more likely to have an interdependent self-construal and thus emphasize belonging .Thus,Chinese researchers should be careful when borrowing leisure concepts and theories and applying them in China without taking Chinese culture into account .

2014 Vol. 44 (4): 146-158 [Abstract] ( 993 ) [HTML 1KB] [PDF 2520KB] ( 2048 )
159 Zhang Xiaodi Zeng Kexin
The Sustainability of China's Dynamic Comparative Advantage Enhancement : From the Perspective of Entrepreneur Resources Development

During China's transition period,by deepening the economic structural reform,the activation of entrepreneurs'potential would be a shortcut for the enhancement of China's dynamic comparative advantage .However,in the era of economic globalization,only if the passage of the ″shortcut″mentioned above is sustainable,China would better participate in international division of labor,and realize the long-term objective of economic development . This requires the enhancement of comparative advantage should be in line with economic efficiency to withstand the test of economic efficiency .After analyzing the three connotations of economic efficiency in macro,micro and integrate levels,some econometric analysis finds that,the entrepreneur resources development featured in their own ability and motivation improvement would remarkably promote the economic efficiency with three dimensions : production efficiency,dynamic efficiency and allocation efficiency .The following enlightenments are also found : (1) Since entrepreneurs can improve the goodness of fit between technology innovation and market demand,and effectively grasp the equilibrium point between advanced technology and appropriate cost based on their innovation of combining all production factors,not only would entrepreneur innovation not fully replace the innovation of technical,but it can lead to interactive coordination between the two kinds of innovations by harnessing and promoting technology innovation,hence make economic efficiency improved . (2) Though technology innovation can promote the economic growth,it would also lead to production surplus,causing involuntary unemployment,etc,and bring about contradiction between micro production efficiency and macro dynamic efficiency .This is a challenge for all developed countries in the present economic development,and also a major frontier for academia to study . Development of entrepreneur resources can lead to an increase of business establishment,and the policy support from government would enhance driving force and capacity to establish small and micro businesses,which is an effective way of resolving the contradiction . Therefore,the development of entrepreneur resources who value the coordination between innovation and entrepreneurship is a major premise for enhancing the economic dynamic efficiency,and is also a necessary condition for improving convergence of efficiency in the macro and micro levels . (3) Introducing the economic dynamic efficiency into the analysis framework would break through the set pattern of allocation efficiency in traditional study which is confined to spatial dimension,and expand the connotation of allocation efficiency to time dimension .Based on it,the study of dynamic comparative advantage with the characteristic of deepening labor division could be placed in the real world,and its reality explanation is increasing .In the process of market size expansion caused by deepening specialization,space-time for entrepreneur allocating production factors is bound to expand,so that entrepreneur's performance in″learning by doing″and their business ability would improve,then the allocation efficiency would be enhanced .Hence,the development of entrepreneur resources which results in the improvement of allocation efficiency would make spiral,endogenous and positive interaction with the expansion of market extent,so as to improve the sustainable promotion of dynamic comparative advantage . (4) Expansion of market size would be accompanied with an increase of trade cost .The only way of reducing trade cost is to deepen the market-oriented reform to dissolve the barriers of economic system . This can provide a useful institutional guarantee for China's sustainable improvement of dynamic comparative advantage .The institutional barriers would be dissolved from the following two aspects :on the one hand,establishing and perfecting the market system would stimulate the endogenous driving force and vitality of entrepreneur to establish business and make innovation ;on the other hand,perfecting morality,law and property rights protection system could regularize the conduct of market main body,make all the participants have more clear expectation,so as to promote the social trade efficiency remarkably .

2014 Vol. 44 (4): 159-173 [Abstract] ( 778 ) [HTML 1KB] [PDF 3075KB] ( 1208 )
174 Wu Ping
Constraints on Verbs in English Locative Inversion Construction

One of the controversial issues regarding the locative inversion construction (LIC) in the English language relates to the constraints on verb types . There are three influential hypotheses in this area,known as Hoekstra and Mulder's analysis,Culicover and Levine's analysis and Birner's analysis respectively . The early understanding assumed that it was the unaccusative verbs,which were permitted in LIC,whereas,in the most cases,the unergative verbs were not permitted,except for the subtype of motion,such as walk,enter,when they were used together with a directional PP . Hoekstra and Mulder (1990) propose that LIC embeds a small clause,which licenses the so-called process of unaccusativization—the shift of unergative-type to unaccusative-type,when an unergative verb of motion occurs in a directional construction .However,Culicover and Levine (2001) argue that it is the distinction between light inversion and heavy inversion,rather than the distinction between unaccusative verbs and unergative verbs,that predicts the acceptability of LIC,due to the fact,noticed by Levin and Hovav (1995),that many other unergative types may occur in LIC,including swim-type,glitter-type,f lutter-type,and even work-type,along with the unergative verbs of motion .Culicover and Levine's analysis suggests that the acceptability of a unergative verb should be highly associated with the co-occurrence of a heavy subject in the same sentence .But the further data research,conducted by Birner (1994 ;1995),Birner and Ward (1998) and Hovav (1995),support the evidence that subjects in the majority of LIC are heavy,since they have to carry complex new information .Instead of the syntactic-semantic approach,Birner's analysis adopts the pragmatic approach and explores the pragmatic constraints of informationally-light verbs . The above three analyses shed light on the conclusion that it is the integration of syntactic,semantic and pragmatic factors that contributes to the constraints on verbs in LIC .Why is the sentence″Into/Out of the room walked John″more acceptable,while″* To the room walked John″ is less acceptable ?It is the syntactic-semantic explanation which permits the unergative verb walk to occur in LIC through the process of unaccusativization .The difference between the″into/out of the room″and″to the room″is that,the former emphasizes the bipolarity of motion,while the latter the process of motion .The pragmatic explanation makes it clear that the initial position in a sentence must provide the topicalized information,which can be offered by the bipolarity of motion,but not by the process of motion .

2014 Vol. 44 (4): 174-181 [Abstract] ( 890 ) [HTML 1KB] [PDF 1457KB] ( 1272 )
182 Pan Yihe Fang Cen
Confusion of Loyalty and Virtue of Disloyalty :On Graham Greene's International Political Novel The Human Factor

The British novelist Graham Greene has contributed several political novels to the literary history of the 20 Century in an unique style that defines the duality of his aesthetics the creator of fast-pace thrillers and the writer of artistic seriousness and significance,a sound storyteller,while applying techniques from modernist literature,focusing on the great events of the 20 Century,but from a modern point of view of morality . The story accentuates the vast discrepancy between our romanticized conception of the secret agent and his dull reality .From reversing the well-known spy character James Bond,Greene's protagonist Castle accomplished his″parody″and″betrayal″to fake heroes like Bond .Greene also satirizes the″ignoble″foreign politics during the Cold War and the state power competition which is honored by collective selfishness .Like Daintry,a typical character of″habitual″survivors in modern society has been brought up .They are conditioned to their professional obligations given by the state or society ;therefore tend to make no independent thinking or decision .Greene warns,like Daintry,that these people could easily become antihuman″accomplice″in ideology discourses which may cause mass tragedy . The novel superficially measures Castle's confusion of loyalty to country or to human .It explores,however,deeply on the moral dilemma of modern society .Compared to Castle's fidelity problem,the type of heroes like Bond who always won on screen,shows a propaganda machine or a simplified substitute of political ideology .Ian Fleming has built a literary mirage to help people escape from the reality ; while Greene used real historic space and fictional literary imagination to establish a″global village″which involved each person .People are compelled to face the human flaws,and in meantime obtain the potential human factors which they themselves are not aware of . Greene criticized,on the one hand,the unreasonable and antihuman political logic in the espionage world,and expressed his sympathy with Castle who fought to remain human in the powerful system of nation .On the other hand,Castle's naive and absurdity on trying to isolate his personal life from political world was also satirized in the novel .In the end,Greene suggested a″virtue of disloyalty″to surpass the modern ethical dilemma .He encouraged people to bravely take a skeptical attitude to any absolute judgment or established principle,and in this case,to examine seriously daily life and personal morality . In addition,the point of view from the American critic Michael Sheldon is refuted in this essay .He defined that Greene created Castle to defend his friend Kim Philby who was Greene's supervisor in MI6 but turned out to be a double agent and fled to Moscow .Since Castle is presented both with sympathy and criticism in the novel and the espionage systems UK and SU are satirized,the viewpoint above can hardly explain itself .The friendship between Greene and Philby is set on a personal history rather than on sharing certain political ideologies .

2014 Vol. 44 (4): 182-190 [Abstract] ( 904 ) [HTML 1KB] [PDF 2252KB] ( 1584 )
191 Wang Haiyan
Study about Ancient Japanese's Cognition of Disasters in Myths and Legends

Study about Ancient Japanese's Cognition of Disasters in Myths and Legends

2014 Vol. 44 (4): 191-200 [Abstract] ( 1403 ) [HTML 1KB] [PDF 2680KB] ( 2226 )
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