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JOURNAL OF ZHEJIANG UNIVERSITY 2015 Vol.1 Number 4
2015, Vol.1 Num.4
Online: 2015-07-10

Article
 
Article
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2015 Vol. 1 (4): 1-4 [Abstract] ( 221 ) [HTML 1KB] [PDF 1287KB] ( 735 )
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2015 Vol. 1 (4): 5-8 [Abstract] ( 403 ) [HTML 1KB] [PDF 873KB] ( 811 )
9 Xiao Jianfei Qian Hongdao
A Discussion on the Evaluation Index of Judicial Transparency Index

Judicial publicity has gone beyond the original implication of public hearing, under the background of China's all-round deepening reform of judicial publicity. Judicial information has been fully disclosed to improve public understanding, confidence and supervision of judiciary, with the effort of Chinese courts to establish an open, dynamic, transparent and convenient sunny judiciary. Judicial publicity evaluation has thus risen in response to the requirement to assess the performance of judicial publicity objectively, to fully reveal the achievement, shortage and problems of judicial publicity. The thesis makes a study on three cases, which are judicial transparency index Wuxing experiment, Zhejiang courts sunny judicial index and Hebei courts sunny judicial index, to analyze the generality and differences of the three index systems. The above three items of evaluation were all carried out by neutral third party, and emphases were all put on the assessment of judgments enforcement transparency. The three systems vary on their basis of index designs and index designs of non-case-related disclosure contents. This should not be commented simply, because to design different index systems according to different judicial policy background and evaluation objects, is exactly adaptable to the demand of judicial publicity evaluation effectiveness. As the first evaluation index applied to the judicial publicity practice, pilot experience of judicial transparency index evaluation should be summed up and the index system be revised comprehensively. At the present time, the goal of the judicial transparency index evaluation should be put to steer, spur and push forward the judicial publicity persistently, and to supervise and urge the courts to ensure the rights of impartial trial and information-based supervision. Emphasis of the evaluation should be put on the publicity of judicial information. The precondition of index designing is to define the content, nature, scope, objective and carriers. That is, to transfer from judgment enforcement publicity to judicial administration publicity gradually, to realize the full opening up of judicial process and judgment as a whole, to realize full scope of disclosure of judicial documents and reason of confidential documents, to disclose information differently and with priority to parties and to public, and to use traditional and modern carriers comprehensively. Judicial transparency evaluation system keeps two basic parts of public opinion survey index and dynamic monitoring index. Dynamic monitoring index includes two dimensions of judicial administration publicity and judgment enforcement publicity. The system consists of seven first-level indicators as combined plates: trial administration publicity, personnel administration publicity, financial administration publicity, trial process publicity, enforcement process publicity, judgment document publicity and supporting mechanism. It also establishes 42 second-level indicators through reservation, integration and establishing.

2015 Vol. 1 (4): 9-29 [Abstract] ( 475 ) [HTML 1KB] [PDF 1444KB] ( 1044 )
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2015 Vol. 1 (4): 25- [Abstract] ( 112 ) [HTML 1KB] [PDF 0KB] ( 28 )
30 Wu Jianmin
Entanglement and Integration of Tradition and Modern rule of law:Also on Practical Orientation of rule of law Thinking

The design of modern rule of law is discussed in the context of China's practices. In this context, the modern rule of law, a type based on modern values such as freedom, equality and human rights, is hampered by traditions. The entanglement of the modern rule of law and the traditions has become a significant consideration for China in constructing its rule of law system. In China's practices of rule of law, the tradition and modern rule of law show a complex relationship of mutual affection. Therefore, it has become an important theoretical problem concerning how to handle the complex relationship and on this basis design the rule of law, thereby putting forward some principles for action fit for the practical character of China's rule of law. Solutions to this problem will not only help people set up a rational concept in their minds, but shape the rule of law practices in reality. To solve this problem, the first thing to make sure is the basic stand in solving the problem. The structural theory used to take a contemptuous and subjective stand against the tradition. In contrast, the Chinese practical school of rule of law proposes a theory of practices, which provides a theoretical dimension to face squarely the complicated relations between tradition and modernity, and enables the construction of a real rule of law theory of China's own.  Rather than historical texts existing in the past, the tradition is a flowing culture. It has been controlling people's way of thinking and action and now still plays an important role in China's practices of rule of law. The modern design of rule of law must face the tradition directly and must not get away from the basic dimension of the tradition. The tradition is an internal element in the practices of rule of law, and its role is irreplaceable in the construction of the modern rule of law system. People used to divide the tradition into the essence and the gross, both of which, however, compose the context for the modern design of rule of law. The tradition will affect the modern rule of law in a natural way, whether positively or negatively. But the rule of law designers can take a positive stand in the mutual affections between the tradition and the modernity, and gradually realize their integration in real actions through rational judgment and argument. The entanglement of the tradition and modern rule of law is inevitable in China's practices of rule of law, and their final integration is the inherent logic order of the rule of law practices. The integration of the tradition and modern rule of law happens in practices. It is not only a natural process, but is also infiltrated with the intention of the practical subject. In practices, the tradition and modern rule of law are integrated and coordinated|meanwhile, they are playing a game and competing with each other. This is the logic of practices. The practice of rule of law has its own ways, but it is not simply a development of necessity, but rather, a development filled with contingency, fracture and arbitrariness. The tradition exists powerfully in this process. Together with such elements as contingency, it is constructing the basic features of China's rule of law practices. In the design of the modern rule of law, the significance of the diversified elements in practical context must be considered seriously. Contingency plays a great role in the practice of rule of law and to treat it carefully is an inherent requirement of the logic of the rule of law practice. The practical orientation of the rule of law reflects the practical wisdom of dialectics, which is an important dimension in constructing Chinese practical school of the rule of law. 

2015 Vol. 1 (4): 30-42 [Abstract] ( 496 ) [HTML 1KB] [PDF 1332KB] ( 871 )
43 Jin Li Zhao Jiahua
A Study of the Nature of Analogical Reasoning in the Perspective of Logic

As a specific inference and cognition instrument, analogical reasoning has been much studied within the field of logic, psychology, linguistics and cognitive science. The study of the nature of analogical reasoning is the departure point of the relevant study, which also establishes the fact that logic is central to the study of analogical reasoning. Analogical reasoning obviously presents the following three features: 1. Mapping in structure. Attribute mapping, relation mapping and system mapping are the three concrete aspects of mapping in structure. Attribute mapping means that there is one-to-one or many-to-one horizontal mapping relation between the source domain and the target domain in attributes. Relation mapping refers to the vertical mapping of the relation appearing between the source domain and the target domain in their elements. System mapping is a high-order relation between the source domain and the target domain, which is the integration of attribute mapping and relation mapping bearing a more complicated analogical meaning. Attribute mapping and relation mapping are the precondition to system mapping, whereas system mapping will determine the success of analogical reasoning. 2. Similarity in meaning. In analogical reasoning, the meaning of the concepts in the source domain and the target domain must share similarity. According to the strength of the meaning similarity, analogical reasoning can be divided into analogy in the same domain and analogy in the different domain. Analogy in the same domain means that the object in the source domain and the target domain belongs to the same type or the similar type, which shows a higher similarity. Analogy in the different domain indicates that the object in the source domain and the target domain varies greatly, belonging to totally different types. However, they are still in analogical relation in the cognitive context, presenting a more complicated similarity. The similarity between the source domain and the target domain is the semantic foundation to analogical reasoning. The traditional logical description of analogical reasoning does not indicate the underlying similarity. With the assistance of the Toulmin argumentation schema and concrete case studies, this paper analyzes the underlying similarity in analogical reasoning and shows the individual characters of the logical description of analogical reasoning, which are different from deduction and induction. 3. Pragmatics in cognition. Analogical reasoning is a probability inference depending on context change instead of an inevitability inference, which is also a common plausible reasoning. In the specific context, speaker constructs and conveys an analogical reasoning with the driving force of intention. With the help of cognition and the specific context, the hearer can comprehend and accept the analogical reasoning, which is conveyed by the speaker. The process is a complicated language action, which involves intention driving, fitness evaluation, dynamic generation and the matter of the acceptance. They are all the embodiments of pragmatics. Generally, the same analogue will dynamically activate different meanings. And different intentions can be expressed by different analogues. In addition, in different utterance contexts and subjective cognition, the acceptance of analogical reasoning varies heavily. In conclusion, an effective analogical reasoning must possess the three features, which are mentioned previously. And the three features can clearly distinguish analogy and deduction, induction and abductive reasoning. Taking logic as the core starting point of the study and integrating the study achievements in psychology, cognitive science and pragmatics, this paper displays an interdisciplinary research paradigm. The in-depth study on the nature of analogical reasoning not only consolidates the theoretical foundation to the study of analogy, but also unveils the problems in the study of analogical reasoning. Furthermore, it also shows the new direction in the study of analogical reasoning, which also provides a theoretical support to the relevant study of analogical reasoning.

2015 Vol. 1 (4): 43-51 [Abstract] ( 1568 ) [HTML 1KB] [PDF 1345KB] ( 2084 )
52 Wang TianyiWang Yin
The Contributions of Cognitive Linguistics to Western Philosophy

Although Western Philosophy has long provided theoretical bases for linguistic schools at every stage, the latter has also made lots of contributions to the former. For instance, Saussure's Structuralist Linguistic Theory and Chomsky's Transformational Generative Grammar have offered many fresh ideas to Western Philosophy(including many other subjects). Cognitive Linguistics (CL), already being the mainstream in contemporary linguistics circles, has absorbed Embodied Philosophy on the one hand and also performed a fundamental role in the construction of Embodied Philosophy itself on the other hand. Meanwhile, CL has also supplied Western Philosophy(especially Philosophy of Language and Postmodernist Philosophy)with lots of theoretical nutrition, new ideas and methods, such as follows: 1. Cognitive Theory of Metaphor has offered strong theoretical basis to the ″irrationalism″ of Post-modernism, with a focus on the fact that philosophical texts are also filled with metaphors, the ″unreal utterance″ being inevitable. It criticizes the mistakes of metaphysics with denunciation of metaphor, which helps to understand better why Lakoff and Johnson used the title ″Metaphors We Live By″ for their book in 1980. 2. Schema Category Theory, based on the criticism of ″the Classical Category Theory″ and ″the Prototype Category Theory″ in Western philosophy, is more powerful in explaining the formation of category, concept and language, with more allowance of dynamic expressions. 3. SOS Understanding Model by CL rethinks the shortages of one-way view(from object to subject, or from subject to object) and two-way view(interaction between subject and object|or intersubjectivity, i.e. interaction between subject and subject) in Western philosophy, thus proposing ″Subject-Object-Subject″ multiple interactionismas a new understanding model, which will cover more linguistic and philosophical issues. 4. Event-domain Cognitive Model (ECM), criticizing the inadequacies of several present theoretical models, emphasizes the fact that people recognize the world, restore knowledge and organize language mainly by means of ″Event.″ ECM has more explanatory power for not only linguistic expressions but also philosophical discussions. 5. Construal View raised by CL has made up the shortage to some extent of those philosophers, although they admit that people have subjective initiative, are lacking in theoretical frameworks to explain it. The five dimensions of ″construal″ put forward by cognitive linguist Langacker can be regarded as a gap-filling for the discussion of human subjectivity.  6. Conceptual Blending Theory can be extended from language level to the origin of ″human creativity,″ thus making it more significant on the level of philosophy. While two input spaces are integrated into one blending space, there will surely be some new information emerging from the process, which can be used to explain how people invent or create new ideas and technologies. 7. Analyzing Cognitive Process can reveal how ″material determines thought,″ which is the principle by materialism, but lacks in the explanation of its process. So, the analysis of cognition-formation process by CL can at least supply one of the approaches. The above-mentioned ideas and methods by CL have greatly enriched the statements concerned by Western philosophers with many new views and theories, which will obviously push forward the further development of Western philosophy to a certain degree. It is worthwhile for us to dig out deeply and think carefully.

2015 Vol. 1 (4): 52-62 [Abstract] ( 1090 ) [HTML 1KB] [PDF 1800KB] ( 2141 )
63 Chen Hongmin
A View on the Relationship between Chen Cheng and Chiang Kai-shek during Their Taiwan Years from The Diary of Chen Cheng

The Diary of Chen Cheng was discovered by the present author when he was doing research in Taiwan recently. It is one of the most important sources on the history of Taiwan. Naturally, it is an important source to study the relationship between Chiang Kai-shek and Chen Cheng. Prior to 1965, they were the two foremost figures in Taiwan's political life after the Nationalist Regime retreated to the island. In the past decades, however, scholars overemphasized the two men's intimate co-operations, stressed Chiang's trust on Chen, highlighted Chiang's elevation of Chen to the highest political status, and underlined Chen's unconditional loyalty to Chiang. Without a doubt, both men had their own deep-seated long-term personal tie. Yet, The Diary of Chen Cheng reveals the two men's conflicts and their confrontation in Taiwan.  In the early 1950s and soon after the relocation of the Nationalist regime to Taiwan, Chen Cheng indeed strongly supported Chiang to be the supreme Nationalist leader|nevertheless, he, at the same time, questioned Chiang's ability and his working style. Between 1958 and 1961, the two men clashed over a number of issues in regard to Chen Cheng's reshuffling of ″the cabinet,″ and other issues such as personnel arrangements, the ″third presidential election,″ and the invading expedition into the mainland. Sometimes, Chen even defied Chiang in front of him. This obviously presents a more complicated historical scenario which differs from what we previously received from other scholastic conclusions. This article makes full use of the historical facts from the diary and analyzes his clash with Chiang over some issues.  There are three new features here that deserve special attention: (1) New primary sources are offered. This is the first time a scholar uses The Diary of Chen Cheng to do the relevant research on the two men's tie. (2) New perspectives are presented. Differing from the previous views that emphasized the two men's close relationship, this article points out that they had clashed over many issues during their Taiwan years. Occasionally, their conflicts reached an unbearable apex for both of them. (3) New approaches are adopted. In analyzing the conflicts, the author combines The Diary of Chiang Kai-shek and this diary for the purpose of reaching a more objective yet new conclusion. No doubt, this topic is significant, because it helps future scholars do research on Taiwan's political developments and even on Chiang Kai-shek as the Nationalist leader during an important decade between 1950 and 1960.

2015 Vol. 1 (4): 63-74 [Abstract] ( 1396 ) [HTML 1KB] [PDF 1322KB] ( 3097 )
75 Yin Tie
On the Relationship between Hu Xueyan and Zuo Zongtang: From the Perspective of the Guimo Financial Crisis

There are more legends than historical facts about the relationship between Hu Xueyan and Zuo Zongtang|unfortunately, a variety of speculations about their relations have turned out be the historical verdict. It has been widely accepted that Zuo Zongtang is Hu Xueyan’s political patron and Hu Xueyan is Zuo Zongtang’s financial sponsor. Is that the case? It will be quite helpful to make an objective evaluation on them and analyze the relationship between government and business through the conclusive historical data which may shed light on their relations.  There is no denying the fact that Hu’s political honors throughout his life benefited from Zuo’s recommendation and support, but as a matter of fact, Zuo Zongtang was not Hu Xueyan’s political patron. Their friendly relations merely focused on the issue of Westernization, Conquest of the West, and charities, which complies with the historical trend and benefits the social cause. Zuo Zongtang had recommended Hu Xueyan several times not out of his selfishness but out of his ambition to initiate a Westernization Movement, to raise funds for the purchase of arms and ammunition for the Conquest of the West, and for charity and social relief with the assistance of Hu Xueyan. Hu was nominated as a candidate for vice governor under the leadership of Zuo Zongtang all the time. According to the system of Qing Dynasty, it was the obligation of both the inspectors and governors to recommend officials. Time and again Zuo Zongtang’s recommendation for awarding Hu was to fulfill his obligation rather than indicate their special relations. In fact, other governors had also recommended Hu in addition to Zuo Zongtang. Officers such as Governor-general Li Hongzhang, Inspector Mei Qizaoand of Zhejiang Province, and Inspector Tan Zhonglin had all recommended Hu Xueyan. Take the yellow mandarin jacket for example, prior to Hu Xueyan, Zuo Zongtang had already awarded a yellow mandarin jacket to those high-ranking officers who had rendered great services, so Hu Xueyan was not an exception. Hu assisted Zuo in the affairs of Westernization, Conquest of the West, and charities, which was to realize his own ambitions and make the successful transition from a businessman to a social man. There was no personal attachment in authority between them. Then why would Zuo Zongtang put Hu Xueya in such an important position? This could be accounted for by his own need for administrative affairs and achievements, which was conducive to the nation and provided an opportunity for Hu to serve the country as well. The reason why Zuo Zongtang could pacify the Northwest, and recapture Xinjiang was due to Hu’s contribution, since at that time Hu presided over Shanghai Transport Bureau and raised funds for military expenditure and purchased arms and ammunition. As Hu enjoyed high prestige among foreign tradesmen, fund-raising for the Conquest of the West had to count on Hu’s support. Zuo relied on Hu’s support, for Hu was zealous for public interests in regard to social relief. Their friendship started with their coping with the aftermath in Hangzhou. Hu was generous to the charity work advocated by Zuo. Furthermore, Hu’s charity work was not merely a response to Zuo’s call, but actually his own conscious action. There are so many legends about the relationship between Hu Xueyan and Zuo Zongtang, but none of then have historical evidences. The so-called personal association was less than expected. Instead, their relationship had undergone some changes. Compared with other periods, they were close during the Conquest of the West, but later on they became alienated. Zuo even did not rescue Hu during the Guimo Financial Crisis. If Zuo, as governor and trusted by Empress Dowager Cixi, had come to Hu’s rescue, his fate would have been different. When it came to their friendship, Zuo seemed to hold the bottom line. In a word, their relations are anything but money-for-power deals.

2015 Vol. 1 (4): 75-82 [Abstract] ( 690 ) [HTML 1KB] [PDF 1268KB] ( 1988 )
83 Cai Jigang
The Orientation of College English Teaching Revisited: EGP and ESP

Guidelines for College English Teaching—a national syllabus to be issued by the Ministry of Education for the first time integrates EAP(English for Academic Purposes)into the content of college English teaching. A Framework of Reference for EFL Teaching at Tertiary Level in Shanghai goes even further, stipulating that EAP is the required course for all freshmen in Shanghai. This new orientation of college English teaching has triggered a heated debate in the foreign language field in mainland China,partly because of a general misunderstanding of EAP. EAP differs from EGP (English for general Purposes) which is now widely implemented at tertiary institutions in that the former is needs-driven,i.e. to fulfill the needs of students’ academic studies while the latter is language-learning driven.  College English, a compulsory course for all undergraduates, has been oriented to the improvement of their English proficiency (and the scores of College English Tests on most campuses) as well as their understanding of western culture since 1980. Faced with the economic globalization and the internationalization of higher education,however, college English needs to reorient itself. If a university wants to meet the challenge to cultivate their students with international competitive competence in their disciplines,they must go global which means offering many courses in English medium instruction (EMI) and requiring students of engaging in their academic studies in English. To be tailored to the emerging needs of disciplines,college English teaching should depart from the traditional teaching content and curricular which have followed the English major, transforming from helping students to simply lay English foundation to developing their capacity to apply English in their disciplinary studies. EAP plays a role of bridging the gap between EGP and EMI. It is a language course which differs from SBE (subject-based English) and EMI. The latter aim to impart disciplinary knowledge and are usually taught by specialists (subject teachers). EAP focuses the academic language skills,which are either transferable across disciplines or are appropriate to a particular discipline. By equipping students with such language skills as listening to lectures,read literature, write abstracts and papers, and attend academic discussion and conferences,EAP courses will guarantee students’success in their academic studies. Most importantly, EAP also nurtures their academic literacy such as the ability of independent study, critical thinking, creativity, communication and cross-culture. This forms a critical part of liberal education. For this reason,EAP should be a required course for undergraduates both of prestigious universities and of vocational colleges, even if their disciplinary courses are not EMI (English medium instruction) and students will not use English in their future careers.  Students’ needs should be guided. Their needs of learning English should not be met without rational analysis. Higher institutions,unlike the training centers of foreign languages, may steer students’ personal needs to the needs of the national foreign language capacity. The criteria for the success in English learning in modern times are neither the strength of their grammatical knowledge, nor the beauty of their spoken English even nor the high scores of their English tests. They are still a failure if they can’t read English literature in their disciplines, nor can communicate with their international counterparts. College English teaching is still a failure if those skills are not taught.

2015 Vol. 1 (4): 83-93 [Abstract] ( 1648 ) [HTML 1KB] [PDF 1326KB] ( 4738 )
94 Su Caixia Xiao Jing
The Substantial Origin of the Obligation of Action: The Establishment and Development of Normative Dominance Theory

Normative dominance theory, taking reliance of legal benefits on dominators' behaviors as a realistic basis, and expectation for dominators' behaviors from society as a normative basis, advocates that the existence of realistic dominance or normative fictional dominance can both be identified as the presence of substantive basis of duties. The above mentioned ″reliance of legal benefits on dominators' behaviors″ refers to preservation of legal benefits which depends on dominators to direct the cause and effect flow towards orientation of avoiding damages. This reliance is reality-oriented, which is the realistic basis of dominance. The above mentioned ″expectation for dominators' behaviors from society″means that the society has expectation for the rational behaviors adopted by dominators who take the dominant position in cause and effect flow of legal benefits damages to preserve legal benefits. This expectation constitutes the normative reason of the society to expect dominators to adopt legal benefits preservation actions. The definition of dominance in normative dominance theory includes multiple layers, that is, the idea of dominance, realistic dominance behaviors and dominance possibilities, etc. It is a complex concept that gathers the subjectivity and objectivity, and reality and possibility together. More importantly, the concept of dominance can even surpass the position as an intrinsic identification of the doer and enter into the field of social function and social evaluation, which becomes the bridge to conduct substantive behaviors facing realistic social activities as duties. Including the value judgment, this normative dominance cannot be solely decided from the level of facts. The judgment standards of dominance include three elements: the possibility, equipollence, and superiority of dominance. The possibility of dominance refers to the possibility of the doer to prevent harmful consequences from happening. The equipollence of dominance means that dominance must conform to the empirical law of mass social life. According to the mass social life experience, accidental dominance or fictional dominance which does not meet the empirical law should be excluded from the scope of duties. The superiority of dominance requires that the obligor shall have certain superiority in the dominance possibility of legal benefits cause and effect flow compared with the mass, while exclusive dominance of the doer in cause and effect flow is not necessarily required. As the substantial origin of legal duties, normative dominance theory reasonably defines the scope of legal duties, benefits the establishment of reasonable measuring criteria of illegality degree, and has the advantage in helping to ensure the independence of penal law etc. Meanwhile, it also has broad theoretical explanatory power, so the normative dominance theory is worth advocating and implementing.

2015 Vol. 1 (4): 94-108 [Abstract] ( 823 ) [HTML 1KB] [PDF 1364KB] ( 922 )
109 Bao Aimin Dick F. Swaab
Understanding of Suicide and the Meaning of Life: A Brain Research Point of View

(1.School of Medicine, Zhejiang University, Hangzhou 310058, China|2.Netherlands Institute for Neuroscience, an Institute of the Royal Netherlands Academy of Arts and Sciences, Meibergdreef 47, 1105 BA Amsterdam, The Netherlands)〖WTBZ〗〖JZ)〗〖KH*2D〗〖WTHZ〗Abstract: 〖WTBZ〗Life started 3.8 billion years ago as a competition between molecules. Mankind was the result of the subsequent evolution, characterized by the selection of the best fitting random mutations. This means that life as such is a random event without higher meaning. As a result of evolution, our well-developed cerebral cortex makes us endow ourselves with the ability to create our own meaning of life, by work, hobbies, children and relationships. The illusion that life has meaning arises when the way we live is pleasant, which is accompanied by stimulation of the reward system in our brains. There is also an evolutionary advantage to this: it leads to a better chance of survival. As our brains are all different as a result of different genetics and the different ways in which they developed, we have to adapt the way we live to the way our brain has developed in order to get a ″tailor-made″ stimulation of our reward system. The desire to live is the most characteristic property of all living organisms, but in some psychiatric disorders this desire is absent, and this may lead to suicide. Suicide is not really a choice: most suicide attempters have a psychiatric disorder, e.g. depression, addiction or schizophrenia,which causes them to no longer experience the feeling of reward that living a life generally offers. In addition, these disorders may go together with anxiety and delusions, both of which stimulate the wish to die. Psychiatric treatment and appropriate social interactions are the way to prevent suicide. In this concept of suicide, an exception may be the balance suicide. Balance suicide is committed in some Western countries, by people with a serious and irreversible illness, and occasionally by elderly people who feel their lives are complete and that continuing with it would just mean suffering without sufficient reward. Even then, however, it is questionable whether one can call this an act of ″free will,″ since the genetic background and development of the brain will allow or prevent the act of such a balance suicide. Concluding, we are all very different people who did not choose freely to become the person we are|rather, who we are is decided by our genetic background and the way our brain subsequently developed in interaction with the intrauterine and social environment. Natural variation has always been the basic driving force for evolution and will never disappear. We all pursue a life that is adapted to the way our very variable and unique brain has developed. Because of the way our brain has formed and developed we are not free to choose. Governments should permit and protect our freedom to live the life we have been hardwired to live — provided, of course, that the way we live does not harm the others.

2015 Vol. 1 (4): 109-120 [Abstract] ( 790 ) [HTML 1KB] [PDF 1354KB] ( 2733 )
121 Xu Xianjun
Phenomenological Psychopathology on Delusion and Schizophrenia

Karl Jaspers, Eugene Minkowski and Ludwig Binswanger are the founders of phenomenological psychopathology. It was Jaspers who first brought phenomenology into psychopathology. Minkowski was the first to introduce phenomenology into psychiatry in France. Binswanger devoted himself to replacing the psychoanalysis of Freud with the existentialism of Heidegger. In the 1970s, mainstream psychiatry gradually turned a cold shoulder to phenomenological psychopathology due to the overspreading of natural-science methodology, which turned psychopathology from an interdisciplinary science of liberal arts and natural science into a pure natural science dominated by neuroscience. However, phenomenological psychopathology has undergone a significant revival during the last twenty years because psychiatrists have paid more and more attention to patients' subjective experience and have published a large number of papers and books in this field. Jaspers proposed that the key criterion for diagnosing delusion is the contrariety or the break of patients' personality as is reflected in their language and originated from some unknown neurophysiologic process. That is the reason why in his diagnosis of delusion Jaspers put emphasis on both the context of personality development and the research on neurophysiology. The neurophysiologic foundation of delusion was speculated by Jaspers, but contemporary phenomenological psychopathology has postulated it as hyperdopaminergia. It is the abnormal dopamine firing that leads to the aberrant assignment of salience to the elements of one's experience at the phenomenological level. As far as schizophrenia is concerned, mainstream psychopathology focuses mainly on its physiological and cognitive mechanism, while phenomenological psychopathology emphasizes the systematic study of its subjective experience. According to Minkowski, schizophrenia possesses two aspects. One is that patients tend to manifest a loss of vital contact with reality and a dulling of subjective lives.The other is the tendency of over-rationalization and/or a kind of geometrical or quasi-mathematical abstraction. But according to Wolfgang Blankenburg, the central defect of schizophrenia is the loss of natural self-evidence. So patients have to fully concentrate and consciously control the processes which are automatically completed by normal people. Josef Parnas and Luis Sass expanded Minkowski's idea and proposed that schizophrenia is characterized by two kinds of abnormal consciousness and ego experience, i.e. diminished self-affection and hyperreflexivity. In summary, phenomenological psychopathology provides a rich description of the subjective experience with regard to the mental diseases and integrates phenomenological description with neural physiological explanation. Mental disability is neither an abstract concept nor a phenomenon which finds its definition only in neural physiology, but the abnormality of the pre-consciousness self-affection and the structure of subjective experiences. Phenomenological psychopathology overcomes the academism and emptiness of phenomenological philosophy and realizes Husserl's phenomenological commitment of returning to the living world. Its development and revival clearly show that philosophy not only can but also need intervene in the real life of human beings rather than stay in its ivory tower.

2015 Vol. 1 (4): 121-129 [Abstract] ( 1265 ) [HTML 1KB] [PDF 1282KB] ( 2630 )
130 Chen JianjunChen HuaijinLiu Yue
Forward-looking Expectations,Dynamic Evolution of Agglomeration and Policy:A Literature-based Discussion

As a widespread way of optimizing resource allocation, the interregional flowing of economic factors is the micro foundation of the formation of agglomerations or that of cities. Based on a general equilibrium analysis of economic agents' location choices, new economic geography attractively reveals the endogenous mechanism of agglomeration, showing that factor flowing based on microeconomic spontaneous behavior is the key to generate and strengthen the agglomerations. However, much of the new economic geography literature assumes myopic economic agents, that is, the economic agents are assumed to ignore the future, basing their migration choices on current wage differences alone. This is not consistent with the rational expectations and forward-looking optimizing behavior of economic agents in the reality. In fact, factor flowing involves cost. Economic agents are interested not only in currently available returns but also in the returns they expect in the future. The role of expectations turns out to be crucial in their decisions for migration. This paper reviews the literature integrating the behavior of rational forward-looking theory with the new economic geography analysis. We find that by modifying the basic micro-foundation hypothesis of macro-heterogeneity, i.e. factor mobility rules, the new economic geography with forward-looking expectations shows that forward-looking expectations have an impact on the evolution of agglomerations. On the one hand, the migration decisions of forward-looking agents directly influence where the economic elements flow and thus where the agglomerations would emerge. On the other hand, the inclusion of forward-looking behavior partially affects the long-term stability of local stable equilibria in the new economic geography as ad hoc myopic adjustment is replaced by full-fledged forward-looking dynamics. Whether the expectations (initial beliefs) as opposed to history (initial endowments) matter for the long-run spatial distribution of economic activities depends on how much agents care about the future, the parameter values of trade cost and factor mobility as well. It is worth noting that under certain circumstances expectations can weaken, even reverse, the lock-in effect of the historically-inherited size advantage of the bigger regions, which is revealing to the study on the spatial agglomeration of economic activities in China characterized by strong government intervention during our transformation from planned economy to market economy. A policy can be an endogenous driving force of individual economic behavior by affecting the individual expectations. It can be a forceful agent to realize agglomerations in certain areas by ″self-fulfilling expectations. ″At the same time, government policies have a limited impact on the economic system. Whether the impact can turn into an endogenous driving force of agglomeration and be adopted by the system depends on the law of agglomeration as well. That is, in an economic system affected by government behavior, the formation and development of agglomerations depend on the effective interplay of market mechanism and government policies.  The integration of forward-looking expectations with the new economic geography analysis reinforces people's subjective initiative in economic activities. Theoretically, the new economic geography incorporating forward-looking agents perfects the micro-foundation hypothesis of macroscopic heterogeneity in space. It shows that economic agents are not passively reactive to economic circumstance|rather, they exert influence on the future economic system by forward-looking expectations. Methodically, it extends a two-dimensional perspective of ″micro-space″ to a three-dimensional research perspective of ″micro-space-time,″ exhibiting a full-fledged dynamics analysis partially replacing ad hoc dynamics. Furthermore,adding forward-looking expectations into new economic geography does enrich the theory by incorporating government policy as an endogenous driving force of agglomeration. It is helpful for a better understanding of the evolution of agglomerations with government intervention in China, a country with an imperfect economic system.  The highlight of this paper is that it is the first to review relevant studies on the new economic geography incorporating forward-looking expectations. Based on that, it summarizes how expectation works on the evolution of the agglomeration in China characterized by government intervention, in particular, how expectation makes it possible to turn government policies into an endogenous force of agglomeration. Thus, the paper perfects the explanatory power of new economic geography in analyzing the agglomeration in an incomplete market economy. This has significant implications for the evolution of our government-directed industrial agglomeration.

2015 Vol. 1 (4): 130-141 [Abstract] ( 840 ) [HTML 1KB] [PDF 1659KB] ( 1409 )
142 Jiang Qingyong
A Survey of Frontier Research on Measurement of Knowledge-based Capital

As the new source of economic growth, knowledge-based capital (KBC) is very important to economy in 21st century. It is helpful for both enterprises and governments to measure KBC appropriately. In recent years, measurement of KBC has attracted many scholars around the whole world, and some significant achievements have been made. A survey of these frontier studies will help people understand these advances comprehensively and provide a basis for further research. Corrado, Hulten and Sichel set the framework (hereafter referred to as CHS framework or CHS approach) for measuring KBC, which has been adopted basically by all researches after them. In the CHS framework, KBC is classified into three broad categories—computerized information, innovative property and economic competencies, each of which includes several subcategories. In addition, the framework provides methods of measuring each subcategories of KBC and evaluations of relevant parameters. Following the CHS framework, scholars have studied KBC investment of many main countries and made international comparisons. These studies provided nation-specific measuring approaches, parameter estimates and data. It’s unanimously illustrated that KBC is not only R&D capital, and KBC investment is equivalently very important to economic growth. Some scholars have also measured KBC investment at industrial level by following CHS approach and developed three ways for the measurement of KBC investment at firm level. Although KBC investment at macro and sectoral level has been estimated, there are still difficulties or controversies on measuring some subcategories of KBC. Firstly, there are differences between Frascati Manual and SNA(2008) on statistics measures of R&D expenditure. OECD revealed five main problems in converting data collected in one approach into the other and provided possible solutions. And since measurement of R&D investments has shifted from focusing on R&D expenditures to focusing on R&D output, and further from focusing on patent numbers to emphasizing patent quality as well, an indicator system of patent quality was developed. In addition, it’s necessary to estimate knowledge spillover for measuring R&D output and much work has been done, however, there are still many imperfections and difficulties in this field. Secondly, as an innovative property, design is poorly defined and measured. Although some questionnaire surveys have been made in this field and the recent questionnaire was somewhat improved, further improvement is still needed for measuring design accurately. The last difficulty is how to measure economic competencies. Different from the CHS framework in which only managerial activities constitute organizational capital, others proposed a task-based methodology which assumes that any employee is a part of the firm’s organizational capital so long as he/she is necessary for completing tasks that are needed for its long-term functioning.  Another theme of research is the evaluation of important parameters. As for the depreciation rates of R&D capital, no consensus has been reached and various estimates differ greatly. New research papers suggested that the renewal and withdrawal of patents be used for measuring their lives. In the case of deflator of R&D investment, traditional approach estimates it based completely on prices and income shares of inputs, i.e., labor force and capital. Yet others denied it and proved an output-based approach to be more eligible. Although the depreciation rates of organizational capital had been evaluated in CHS framework, other scholars had different opinions and gave their own estimates, which appear to be more realistic and are lower than that in CHS framework. In the end, main challenges of future research include measuring the values of brand equity and database of clients’ purchasing behavior, and dealing with the challenge of measuring computerized data caused by big data. In addition, it may become direction of future research to apply task-based methodology of organizational capital, measurement method of patent quality, output-based approach of R&D deflator more extensively. And constructing growth accounting models including KBC is expected to be an important theme.

2015 Vol. 1 (4): 142-156 [Abstract] ( 739 ) [HTML 1KB] [PDF 1384KB] ( 1339 )
157 Wei Na Han Fang
New Public Involvement in the NIMBY Conflict: From the Perspective of Framing Process

(School of Public Administration and Policy, Renmin University of China, Beijing 100872, China)〖WTBZ〗〖JZ)〗〖KH*2D〗〖WTHZ〗Abstract: 〖WTBZ〗With the fast development of China's economy and its rapid urbanization in recent years, the requirements of NIMBY facilities have increased correspondingly. Meanwhile, with the promotion of living standard, Chinese people grow more aware of their living environment and civic rights, which leads to more and more mass protests of NIMBY. Usually the NIMBY protests in China turn into NIMBY conflicts at last. How to resolve the NIMBY conflict not only highlights the public management ability, but reflects the complex interactions of politics, economy, culture and social psychology. Recent evidence and related literature research indicate that new public involvement in the process of NIMBY is a central concern for the NIMBY conflict resolution. In China, how people participate in the process of the NIMBY conflicts and how the participation processes frame? Do the framing processes of new public involvement encourage the NIMBY conflicts? Answering these problems is of great significance to China's NIMBY conflicts resolution, especially through new public involvement to relieve the symptom of NIMBYism?  Case studies of protest against waste-burning plants in Guangzhou, Beijing and Hangzhou indicate that the framing process of NIMBY conflicts in China is a protesting interaction mainly between ″government″ and ″residents.″ The processes are constituted by 4 stages: issue formation — dispute continued — mass protest — situation calmed down, during which, residents are eager to participate in the NIMBY policy process accompanying the structural encouragement of participating in the collective action. Lack of public participation during the process of conflict is serious. The analysis of the framing process of new public involvement in the NIMBY conflict shows that peoples' strong requirements of participating and the serious situation of lack of participation encourage mass protest of NIMBYs. Public participation is affected by peoples' risk cognition, credibility gap, information communication, local attachment, technology insurance, problem transference, community resources, etc. In the 4 stages of the NIMBY conflict, local residents experience a process of ″becoming aware, interpreting, evaluating, decoding and acting,″ and the whole framing process of public participation is a problem-exaggerating and negative-decoding process. The political elites, action leaders and opinion leaders who promote and encourage people to participate in the collective actions have been involved in the core issues. Next, residents have been monitored by the ″victim sense″ and usually view the NIMBY problem as a problem of ″safeguarding of legal rights.″ Through communicating and discussing on the Internet, it's facilitated for residents to get consensus quickly and initiate mass protests soon. There are many reasons that impede peoples' rational behavior in the mass protests of NIMBY, such as cognitive liberation versus asymmetric information, strong requirements of participation versus out-of-order organization, covering up the facts versus requirements of civic rights, credibility gap versus knowledge monopolization, in the name of justice versus pursuit of personal profits, and so on. So it's necessary to promote new public participation to overcome NIMBYism and to realize the real participation by expanding institutions of collaboration and dialogue.

2015 Vol. 1 (4): 157-173 [Abstract] ( 1020 ) [HTML 1KB] [PDF 1419KB] ( 1593 )
174 Zhang Min Zhang Yili
Is Overconfidence Beneficial to Enhance Innovation Performance of Team Members?Experimental Study Based on Cognitive Social Structures

Innovation is the direct product of individual cognitive processes, and we should use the social network to implement innovative behaviors. It has concluded that limited cognitive abilities of individuals would inevitable result in their self-cognition bias in decision-making process, which further lead to the psychological preferences and evaluation deviation of the social network. Social networks not only reflect the interaction of action mode and emotion in the real world, but also reflect the individual cognitive restructuring of social relations. Therefore, although individual overconfidence was once considered to be conducive to innovation activities, but the mechanism of team members’ overconfidence and enhancement of innovation performance could not transplant simply, we need to consider the special role of cognitive social structures in innovation processes. This paper focuses on the impact of overconfidence and cognitive social structures on individual innovation performance through situational experiment, and introduces attributive character of accuracy of cognitive social structures to re-interpret and summarize the analysis logic of cognitive social networks at the psychology cognitive level. Some substantial conclusions could be drawn based on the results. First of all, although the overconfidence in individual decision is considered to be the internal motivation of risk reduction and innovation, but it is likely to be the bottleneck to enhance individual innovation performance in team innovation activities. Team innovation needs knowledge transfer and interaction between individuals frequently, while overconfidence leads to overestimation of the individuals’ ability in terms of knowledge absorption and creation. Even if the overconfidence can promote individual innovation behavior, it is difficult for it to exploit the innovation resources fully, and thus it hinders the refining of creative ideas. Secondly, overconfidence makes individuals overestimate the structural features within a social network, which brings systematic bias to the traditional methods of social network analysis. The higher the degree of individual overconfidence is, the higher the degree of self-perception for individual social network centrality is. Reducing the accuracy of cognitive social structures makes it difficult to achieve higher individual innovation performance simultaneously. Thirdly, self-cognition of social network centrality can partly mediate the effect of overconfidence on innovation performance. Nonetheless, improving the accuracy of cognitive social structures may not be able to promote innovation and enhance individual performance necessarily. Different stages of innovation and varying degrees of innovation will produce different demands on innovative potential and innovative motivation. In some special occasions, optimistic evaluation of embedded structure characteristics may be helpful for individuals to make innovative decisions as quickly as possible. The results of this study can provide an empirical support for project managers with regard to the judgment of team members’ cognitive social structures in the personalized cognitive monitoring, which aims to help employee building objective self-cognitive of social network structure and promote innovation performance.

2015 Vol. 1 (4): 174-188 [Abstract] ( 806 ) [HTML 1KB] [PDF 1401KB] ( 1353 )
189 Liu Yiqing
Philosophic Translation as a Means of Philosophic Creation: Reflection from the Mirror of Western Sinology

The paper perceives western philosophic translation in China on the basis of the theory which western sinologists embodied in philosophic translation. ″Faithfulness″ is the most fundamental principle Chinese scholars hold towards translation. In essence, both ″faithfulness″ advocated by Yan Fu and ″literal translation″ emphasized by Lu Xun represent strong sense of enlightenment, which are with hope to transform Chinese culture. Translation itself is not only to learn and understand western culture, but to shoulder the responsibilities of reforming Chinese culture and to undertake the task of approaching the modernization. If it is claimed that the purpose of Chinese translation since the New Culture Movement is to forge modern Chinese and to enrich means of expression, in terms of Chinese translation at present, the purpose to forge Chinese philosophic expressing via translating western philosophy has been primarily achieved. As for modern Chinese, its western-oriented expression has hampered its articulation, and lost its language beauty, i.e. translation is not beneficial to the aesthetics of Chinese.  From the different perspective with the prime directive of Chinese scholars' ″being faithful to the original article″, western sinologists lay much more emphasis on their interpretation of Chinese ideology in the process of translation. With the works of sinologists translated back into Chinese, their translation was put back into the context of Chinese culture, which revealed translation predominantly as an interpretation. Translated Chinese ideological masterpieces, understood by western sinologists, have been marked with western philosophy and they can not be simply regarded as Chinese ideology any more, instead they have become intercultural philosophic products. By discussing the criticism given by German sinologist Stephan Schmidt to Mou Zongsan, this paper points out that in an intercultural context, it is out of the question that translation can not bridge the difference between cultures completely. The identity between the original and the translated articles does not exist, a perfect translation does not exist, and misreading in the translation is inevitable. Hence the key to the problem is whether misreading itself makes sense, i.e. if it l misreading wil produce ″semantic augment.″ Likewise, western philosophy translated into Chinese cannot be merely regarded as western ideology. It should be examined from the context of Chinese ideology. Translation is not only involved with introducing the western to China, but also reconstructing Chinese philosophy and ideology via translation. Judging by this, only those who have profound understanding of Chinese ideology are equipped with the competence to transform ″other″ culture into that of them. Translation, as creative interpretation, can only mature itself on the basis of its complete philosophical view, and can only be established on the ideological creativity in the era.  In brief, translation is the initial stage of Chinese to ″accept″ or even ″digest″ western philosophy. Facing such a complicated culture phenomenon of translation, it cannot be simplified as a foreignization translation stand of ″faithfulness″ or ″literal translation.″ Furthermore, in order to make translated western philosophy genuinely a part of Chinese philosophy, ″literal translation″ (foreignization) cannot be treated as unchangeable principle and cannot be put in the opposite side of ″liberal translation″ (domestication translation) in Chinese philosophical translation. To realize the goal of Chinese philosophy, mere reliance on foreignization translation is not advisable. A dimension of domestication translation has to be added at the same time. As a matter of fact, neither absolute foreignization nor domestication is desirable, both of which are difficult to be attained in translation practice. Between the two, necessary tension should be maintained.

2015 Vol. 1 (4): 189- [Abstract] ( 1219 ) [HTML 1KB] [PDF 1058KB] ( 1978 )
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