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JOURNAL OF ZHEJIANG UNIVERSITY 2017 Vol.3 Number 4
2017, Vol.3 Num.4
Online: 2017-07-10

Article
 
Article
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2017 Vol. 3 (4): 1- [Abstract] ( 237 ) [HTML 1KB] [PDF 1313KB] ( 403 )
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2017 Vol. 3 (4): 4- [Abstract] ( 184 ) [HTML 1KB] [PDF 0KB] ( 27 )
5 Wen Xueping
On Perception of Materialist Epistemology: How to Interpret Marx's ″First Thesis″ on Feuerbach

Being the focus of discussion in academia, Karl Marx's ″First Thesis″ on Feuerbach has been interpreted in various ways and translated into different versions. Most Chinese scholars think that in the ″First Thesis,″ Marx illustrated the fundamental difference between ″new materialism″ and old philosophy. However, some scholars have recently put forward entirely different interpretations, one of which sees the ″First Thesis″ as ″transcending the division between materialism and idealism.″ This new theory seems plausible, but it is indeed a misinterpretation of the ″First Thesis.″ Firstly, the problem domain of Marx's ″First Thesis″ is not otology, but epistemology, which can be supported by both indirect and direct evidence. On the one hand, many philosophers and theorists, such as Ernst Bloch-German philosopher , W. A. Suchting-Australia Marxist, and Viktor Chernov-Russian SR Party theorist, have clearly pointed out that what Marx discussed in the ″First Thesis″ was epistemology. President Xi Jinping also pointed out that Marx dealt with the ″active theory of reflection″ of dialectical materialism. On the other hand, the core concepts and the basic idea of the ″First Thesis″ demonstrate that Marx answered questions related to epistemology in general, and perception in epistemology in particular. Secondly, in Marx's ″First Thesis,″ there are two pairs of core concepts, namely ″objectivity (Gegenstand)″ versus ″object (Objekt),″ and″sensibility (Sinnlichkeit)″ versus ″the Given (Anschauung).″ ″Actuality (Wirklichkeit)″ is the equivalent of ″objectivity (Gegenstand)″ and ″sensibility (Sinnlichkeit),″ and these three concepts were used as synonyms by classical German philosophers to refer to the ″external world.″ ″Objekt″ and ″Anschauung″ can be interpreted as ″sense data″ and ″the Given″ respectively, two common terms in contemporary philosophy. In addition, the reason that ″objectivity, actuality, sensibility″ were understood only in the literal sense of ″the sense data or the Given″ by all materialists before the age of Marx was that their theories of perception were one kind of indirect realism. Indirect realists claim that we perceive the external world in an indirect way by directly perceiving the corresponding sense data or the Given. From their perspective, the mind is like a mirror which can reflect the external world, and we directly perceive the ″image″ in the mirror, through which we indirectly know the ″original thing.″ This theory of perception may result in skepticism, idealism or the contemplative attitude. In contrast to materialists, idealists view the external world as the mirror of the mind, and the external things or phenomena as the products constructed by the mind, hence the abstract ″active side″ of the theory. Finally, Marx developed the initial idea of the ″theory of perception as practical constructivism″ by overcoming the defects of old materialism and idealism. Not only are perceiver, object, and sense organ all the products of sensuous activity, but the activity of perception itself is also a kind of sensuous practice. So we can conclude that the advocates of the ″theory of transcending″ have entirely misunderstood the problem domain and main idea of Marx's ″First Thesis.″ In fact, the root of the ″theory of transcending″ lies in their ″practice ontology,″ and the genuine origin of this ontology can be found in their imagination.

2017 Vol. 3 (4): 5- [Abstract] ( 834 ) [HTML 1KB] [PDF 1490KB] ( 1640 )
20 Wang Xiaozhang
Marx and Modern Citizenship

Marx believed that human history, on the whole, is such a process: from the individual being just ″the accessory of a definite and limited human conglomerate″ to ″the independence of the people on the basis of the dependence of object″ through the bourgeois' ″political revolution″ and then to ″a real community in which the individuals obtain their freedom in and through their association.″ In such a historical perspective, on the one hand, the modern citizenship in a bourgeois state shows its historical limitations, and on the other hand, it also represents a historical progress. Marx's critique of modern citizenship in the modern bourgeois state is not to end the citizenship, but to transform citizenship. The historical limitations of modern citizenship lie in that the person whomthe bourgeois state recognizes through ″human rights″(droits de l'homme) and protects through ″citizenship rights″(droits du citoyen)is just a member of ″civil society″ rather than a member of the ″human society.″ The so-called human rights are just the egoistic rights of members of a civil society. Such rights only focus on formal equality, while ignoring the real social conditions need to realize these rights. However, in the existing structure of the civil society, the distribution of these conditions among its members is structurally unequal. Therefore, the human rights system of the modern bourgeois state, as a matter of fact, recognizes and preserves the privileges of the propertied class through the formal equality of rights, and consequently the substantial inequality in the civil society. The historical progress of modern citizenship is that it replaces the absolute obedience to a monarch with the political system based on the rights of citizenship, liberates its members from the feudal relationship of personal dependence, and makes them become members with personal freedom in the ″civil society.″ Without the personal freedom that modern citizenship affirms and recognizes, there would be no free flow of factors of production, no capitalist development, and hence no material precondition towards ″a real community in which the individuals obtain their freedom in and through their association.″ In this regard, the establishment of modern citizenship is an insurmountable step towards human emancipation; in addition, the citizenship in the modern bourgeois state also provides the weapon for the proletariat and its political party to fight for and defend their own interests and to promote the human's emancipation. From the standpoint of Marx's theory, how would hesee the development of modern citizenship in the 20th century, especially the development of social citizenship? In terms of its emphasis on the substantive equality, social citizenship is consistent with Marx's view in the spirit, but this does not mean that Marx would have no criticism against the practice of social citizenship in the 20th century. From the perspective of Marx's theory, the development of social rights shows at least two disadvantages: First, in the western developed countries, social rights became new goods for consumers in the 20th century. What social rights reflect and encourage is consumerism, rather than human emancipation with freedom practice as its value orientation. Second, the social rights of developed capitalist countries in the 20th century were a practice that was carried out and enforced by the state power. When citizens file applications to the authority in order to prove that they are eligible for the welfare rights, they are actually expressing their consent to the existing order of state power. Therefore, the social rights did not become the conditions for citizens' freedom; on the contrary, they lured and seized the citizens' free will and free action, thereby collapsing the social forces, and strengthening the state control.

2017 Vol. 3 (4): 20- [Abstract] ( 443 ) [HTML 1KB] [PDF 1355KB] ( 943 )
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2017 Vol. 3 (4): 30- [Abstract] ( 193 ) [HTML 1KB] [PDF 0KB] ( 34 )
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2017 Vol. 3 (4): 31- [Abstract] ( 174 ) [HTML 1KB] [PDF 922KB] ( 530 )
32 Qian Hongdao Xu Bofeng
Research on the Rule of Law Indicators of Administrative Penalties in Enterprises' Credit

The market economy is the credit economy. The government has to supervise the enterprises' credit situation to maintain a secured market environment. For those who have severe credit problems, the government should use the administrative penalties upon them. Since the 18th National Congress of the CCP, under the trend of ″cutting off administrative power, switch the governing role″ and ″emphasizing supervision instead of approving,″ the government intends to cut off the use of administrative penalties. Such a practice can offer the market more space to develop, however, it also has brought several problems to the supervision process. The enterprises' credit supervision should make good use of both hard ways and flexible regulatory, while clarifying the relationship between these two methods, adopting the ″dualistic model.″ The ″dualistic model″ of enterprises' credit supervision includes the flexible regulatory as well as administrative penalty. Under the circumstance of market and administrative reform, the legalization level of the administrative penalties in this area is a direct reflection of the administrative management system reform. Building up a legalization index system of the administrative penalties in this field will offer the government a principal for their daily work. In the application of the administrative penalties of the enterprises' credit supervision, the government must comply with the legalized standards with regard to the following first-class indicators: the penalty system, the penalty decision, the penalty procedure, the penalty remedy and the penalty supervision. Under the five first-class indicators, there are 18 second-class indicators: the information efficiently shared between departments, the dispute settlement mechanism and clear division and smooth cooperation of different sectors under the penalty system; the priorities of flexible regulatory, improvement of the administrative discretion benchmarks and the normalization of the use of big data technology under the first-class indicator of penalty decisions, among which the use of flexible means and big data technologies reflects changes in the market supervision; the perfection of penalty procedure system, the standards in violation of legal procedures and the consequence of violating the legal procedures under the penalty procedure indicator; the smooth path of the administrative reconsiderations, the administrative litigation procedure without interferences and the administrative compensations under the penalty remedy indicator; supervision and audit of the punishment, the file review system, the implementation of the law enforcement's responsibility system, the improvement of the governments' capability of responding lawsuits and the transparency of the penalty process under the penalty supervision indicator. The index system covers all aspects of the administrative penalties in this field, it reflects not only the requirements of the administrative law, but also the professional characteristics of the economic law. The measuring system of the administrative penalties of the enterprises' credit supervision will improve the ruled-by-law level of the government, while reactivating the application of administrative penalties, achieving a breakthrough of the ″traffic light dilemma″ making the supervision of the enterprises' credit more accurate and efficient.

2017 Vol. 3 (4): 32- [Abstract] ( 775 ) [HTML 1KB] [PDF 1605KB] ( 958 )
48 Ye Huicheng
Legal Philosophy Researches from the Viewpoint of Practical Philosophy: A Reflective Review

Practical philosophy is currently a worldwide mainstream philosophical approach, which has already formed mature understanding, concepts, classifications and research methods. Although the introduction of practical philosophy to China was focused on Marxism in the first place, Chinese scholars are now embarking on the construction of practical philosophy of their own. Legal philosophy has always been a branch of practical philosophy from the beginning, and doing legal philosophy from the vast viewpoint of practical philosophy is a general trend by which legal philosophy in China has been influenced. That is to say, there exists a practical philosophical turn in the Chinese legal philosophy. This article aims at providing a literature review of this turn and meanwhile reflecting upon its deficiencies and pointing out its prospects as well. Under the influence of practical philosophy, there are four trends in the Chinese academic circles of legal philosophy. The first trend is to put forward some general legal theories, such as ″practical jurisprudence,″ ″practical legal philosophy,″ ″practical view of law,″ and it is clearly declared that these researches are based on practical philosophy and try to make ″Chinese″ contributions to practical philosophy of law to some extent. The second one is to adopt the method of practical philosophy to discuss many specific issues, such as rights, rule of law, legal reasoning, authority and so on, without explicitly describing themselves as practical philosophy. Chen Jinghui and Fan Libo are the two outstanding representative scholars. The third one exists in the field of applied legal philosophy (also called special legal philosophy, as distinguished from general legal philosophy). Those scholars either directly draw on the resources of practical philosophy (such as practical hermeneutics) or theories of general legal philosophy mentioned above (such as practical view of law), or consciously construct theories of applied legal philosophy according to practical philosophy. The last one emerges from the movement of China School of Rule of Law Practice; in contrast to the first three trends, it changes the previous research mode of pure theory and proposes new approaches of practice, experiment and positivism. Admittedly, these researches have their own deficiencies, and to some extent are still in the primary state of consuming the fruits of foreign theories, showing a lack of originality. However, they are of great significance to philosophy of law in China: they have broken the old research pattern, changed its temperament, and even given a new life to it. Therefore, at the last part of this article three possible directions in the future are optimistically described: to preserve the great ambition to make Chinese contributions, to strengthen the coherence between theory and practice, and to advocate pluralistic and mutually supporting methods of researches.

2017 Vol. 3 (4): 48- [Abstract] ( 490 ) [HTML 1KB] [PDF 1519KB] ( 1490 )
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2017 Vol. 3 (4): 64- [Abstract] ( 136 ) [HTML 1KB] [PDF 0KB] ( 30 )
65 Li Xueyan Wang Huili Cong Fengyu Klaus Mathiak Wang Xiaolu
Humor Appreciation and Its Corresponding Processing Mechanism over a Lifespan

Humor is a common human activity that most people will experience in their daily life, which is a psychological reaction and a biological reaction as well. People in different phases will present different abilities to find things funny because humor involves a very complicated cognitive process. It is very meaningful to explore the mechanism of humor appreciation in different life phases from both psychological and biological perspectives. Past research focused more on the phenomenon than the process of humor appreciation. In recent years, scholars have employed more objective methods, like ERP and fMRI, to demonstrate humor-related theories and cognitive processes, which has gradually deepened our understandings of the neural psychological mechanism of humor cognition. We will elaborate on different humor styles and processing mechanism that people use in different life phases, combining different stages of humor production and different humor styles to highlight the characteristics of humor processing in each phase of life (including infancy, childhood, adolescence, adulthood, and late adulthood). The purpose of this review is not to be comprehensive, but to establish a clue to humor appreciation threading across a lifespan. Humor styles bud in infancy, the initial phase of life, and mainly evolve with improvement of humor appreciation ability. During childhood, some humor styles are less employed in humor appreciation since they are closely related to social intercourse and stress, which appear less in this phase of life. When entering adolescence, people will be able to apply all humor styles to humor production and appreciation and keep them in use until late adulthood, often putting particular emphasis on some humor styles in different phases. Therefore, the employment of humor styles will go from nonexistence to existence, from single style to mixed multiple styles and finally a certain humor style will be preferred by an individual. This is the general tendency of humor appreciation development. The psychobiological elements related to humor begin to emerge soon after birth, so the psychobiological mechanism of humor appreciation also comes into existence at the same time and develops. The neural circuits for laughter already are present at birth, and with the development of humor appreciation ability, gradually develop into the neural circuits of humor appreciation, which runs through a person’s lifespan. However, the psychobiological mechanism of humor will not remain unchanged, and at different ages, with different experiences and different brain mechanisms in different life phases of each individual, the ways of processing humor will also be distinctive. Humor appreciation ability will develop with the improvement of one’s cognitive ability, and the general tendency is to ascend across infancy, childhood, adolescence and younger adulthood, but it will then fall down a little bit during one’s late adulthood because of the decline of one’s cognitive ability. Different phases of life will present different characteristics in psychobiological mechanism although the neural circuit basis will be kept the same until the end of life. However, most of the current research targeted adults, and its external validity is questionable. Only a small amount of research focused on the humor appreciation mechanism of people in childhood and late adulthood. And there is still no research to integrate relevant findings and comb through the developmental features of humor appreciation over a human being’s lifespan. Therefore, reviewing relevant materials of neural mechanism and humor styles and probing into the internal relationships between them will lay solid foundations for future research.

2017 Vol. 3 (4): 65- [Abstract] ( 636 ) [HTML 1KB] [PDF 2367KB] ( 1234 )
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2017 Vol. 3 (4): 69- [Abstract] ( 241 ) [HTML 1KB] [PDF 0KB] ( 39 )
70 Liu Chengguo
The Descendants of Wang Anshih as Recorded in Rare Historical Materials: A Textual Analysis of Errors in the Notes of Song Dynasty

Wang Anshih was a famous statesman, writer and scholar of Northern Song Dynasty. He had two sons and two daughters. His first son Wang Pang (雱), courtesy name Yuanze, was a successful candidate in the highest imperial examinations (Jinshi Jidi), a brilliant author of many books and a participant in the Xining Political Reform led by Wang Anshi. Wang Pang (雱) married a woman from the Xiao Family and had a daughter who was married to Lv Anzhong. The couple had no son, so they adopted a boy named Wang Di (棣) from the same clan. Wang Di had a son Wang Bi (珌) whose son was Wang Yanzhi (衍之). Wang Pang (旁),Wang Anshih’s second son, had mental disease and married a woman from the Pang (庞) Family, but the marriage ended in divorce. Wang Pang (旁)had a daughter, who was married to Zheng Juzhong and a son Wang Tong (桐), who secured an official position. Wang Tong had two sons, Wang Dao (瓙) and Wang Jue (珏). Wang Dao’s son was Wang Shengzhi, and Wang Jue’s son was Wang Yizhi. Wang Jue compiled and published the collected works of Wang Anshih — Linchuan’s Literary Collection.  Many anecdotes about the descendants of Wang Anshih as recorded in the literati’s notes of Song dynasty were obscure and confusing. The life stories of his two sons were often confused with each other because the two names, Pang (雱) and Pang (旁), were very similar in their Chinese spelling and pronunciation. For example, Wang Pang (旁), Wang Anshih’s second son who had mental disease and was divorced, was often mistaken for his brother in some literati's records. What is more, opponents and critics of Xining Political Reform deliberately mixed up the life stories of the two brothers. Some of them slandered Wang Pang (雱), accusing him of arrogant pride and immoral conduct, and cursing him with retribution in hell after death because of his involvement in Xining Political Reform. Many of these malevolent records were adopted by such historical documents as A Continuation of Zizhi Tongjianand History of Song Dynasty by Li Tao, which later were considered ″faithful history.″ In Yuan and Ming Dynasties, they even figured in story-tellers’ scripts and popular fictions and played a significant part in negating and defaming Wang Anshih and his reform.  This paper attempts to correct the mistakes in the above records by a textual analysis of the historical materials inWang Shaoqing (Wang Jue) Epitaph written by Chao Gongsu of Southern Song Dynasty and Song Huiyao Jigao by Xu Song. This will bring us a complete genealogy of Wang Anshih’s second son and clearly separate’ the life stories of Wang Pang (雱) and Wang Pang (旁). In addition, there were other writers who shared a close relationship with Wang Anshih and his sons, or had close contact with Wang’s progenies. They expressed their sympathy for the political reform in their literary notes. These valuable notes confirm and complement the records in Wang’s anthology and in Song Huiyao Jigao. Some of the notes include the lost works of Wang Pang (雱), such as his own epitaph, some portrayed him vividly, some supplemented the historical biography and described Wang Pang (雱) from a different perspective and enriched the historical scenes, and others kept a record of the anecdotes of Wang Anshih’s descendants. These notes are all invaluable for historical research.

2017 Vol. 3 (4): 70- [Abstract] ( 1670 ) [HTML 1KB] [PDF 1369KB] ( 2728 )
76 Liu Haitao Fang Yu
The Principle of Faithfulness and Stylistic Variation in Poetry Translation: A Case Study of Three Translated Stray Birds

The increasing cultural communication among countries brings more foreign works into China and in this process, translators play a vital role. At the same time, translation qualities are determined by various factors like translation theories, translators' education background and market requirement. Thus translation quality assessment is of great importance, which is especially true for literary translation. Among various assessment criteria, “faithfulness, expressiveness and elegance” put forward by Yan Fu in 1898 is regarded as an important principle. Owing to the ambiguity of its definition, controversies and queries have been raised; however, most scholars agree that “faithfulness” is a necessary and principal component in translation. The implications of “faithfulness” include faithfulness in word meanings, figure of speech, rhetorical devices, style, etc. In other words, any variation in those aspects can violate “faithfulness”. Traditional methods in faithfulness fall into two groups: analyzing typical expressions or translation strategies. The emergence of corpus brings a new method into translation studies, and stylistic variation has been found in translations with the help of corpora. But those studies usually use limited materials and improper reference corpora, so improvements are needed. Stray Birds is a collection of gnomic verses written by Tagore and was published in 1916. The first Chinese version was translated by Zheng Zhenduo in 1922, and since then several versions have come into being. The publication of Feng Tang's version in July, 2015 reheated the discussion about which translation version is the best. Various opinions are expressed on the basis of personal understandings and thus are lack of objectivity. Using FLOB and self-built English poetry corpus as English reference and also choosing LCMC and self-constructed Chinese poetry corpus as Chinese reference corpora, this paper aims to explore three questions: (1) whether the three translations follow the principle of “faithfulness” from the stylistic perspective? (2) if stylistic variation does exist, then what factors lead to the variation? (3) What is the relation between stylistic variation and readers' acceptance? The clustering analysis shows that the original text belongs to poetry and stylistic variation exists in all three translations: Zheng's translation shares similarities with romantic fictions and it is also similar to poetry; Feng and Lu's translation is similar to detective fictions. The principle of faithfulness has restrictions on the translators, while at the same time, the three translators have different understandings towards faithfulness. Reasons for stylistic variation are analyzed from three aspects: (1) Selecting thematic words with high frequencies in the original text, we find that Zheng tended to translate a word into one particular expression, while the other two translators chose several different expressions; (2) Representative linguistic features in each translation are extracted by correspondence analysis and analyzed in their contexts. The result shows that Zheng and Lu expressed the original meaning exactly on the whole and the style of word usage in their translation conforms to the original text. Moreover, Zheng and Lu did not use rhythm in their translations, just as the original text did. Feng also expressed the original meaning clearly on the whole; however, sometimes he emphasized on simplification and rhythm too much, so that he mistranslate some words and left some information untranslated; (3) Feng's vocabulary richness is the highest among all and Zheng's vocabulary richness is the closet to that of the original text. This research also indicates that the more similar the translation is to the original, the more acceptance it will get. Cluster analysis and correspondence analysis overcome subjective features of assessment and thus provide new methods in translation studies. On the basis of “faithfulness”, this study has shown their vigorousness in evaluating poetry. In future research, they can be used to measure different genres to achieve more scientific and reliable results.

2017 Vol. 3 (4): 76- [Abstract] ( 1290 ) [HTML 1KB] [PDF 1462KB] ( 2284 )
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2017 Vol. 3 (4): 80- [Abstract] ( 353 ) [HTML 1KB] [PDF 1842KB] ( 834 )
85 Wen Changchun
The Paradox between the Brexit Referendum and Habermas's Democratic Theory
The Brexit referendum is a ″general history″ event with profound and lasting impact. It is a multi-dimension ″general history″ impacting politics, economy, society in the long term, which means it is neither a mid-term ″situation history,″ nor a short-term ″event history.″ The event highlights the democratic theory of Habermas who advocates European integration. Brexit and Habermas's theory form a gaming between theory and practice. The former needs the academic proof of the latter and the latter needs the practice of Brexit. The democratic practice of Brexit shatters Habermas's democratic theory of ″reasonable design.″ In terms of logical origin, the ″post-national″ structure shapes the ″super-national community″ that fails to break the limits of the democratic ″nation.″ Habermas's deliberative political mode cannot mediate the macro-EU and the micro-Britain. In terms of logical fulcrum, discourse ethics lays the theoretical foundation for European inner identity, but in practice, it cannot get rid of the contract consideration and interests balance between countries. The democratic legitimacy based on Habermas's discourse negotiation cannot replace EU's ethical reasonability based on common history, so the Britain referendum means the judgement of value grounded merely on interests. In terms of logical basic points, the fate of human beings is theoretically decided by the referendum, but in practice it can hardly cope with the irrationality and unconsciousness of collective choice. The self-determined democracy of Habermas, which is based on empiricism can not choose the objective truth; it can only come to the acceptable compromising conditions for the goals of different parties. The referendum degraded elites into politicians, and voters into cynics. The rationality of contract in the public domain of politics was replaced by the economic self-interests in the private domain, and the ethical rationality was absent when the vacant shell of EU tried to provide solid support for moral validity. The Brexit referendum witnessed Habermas's failure in reconciling democracy with capitalism. Habermas stressed the need to criticize instrumental rationality instead of undertaking radical social criticism and reform. As he pointed human liberation toward communicative rationality rather than the liberation of non-productive relationship, the referendum would doubtlessly be controlled by populism, which could neither bring welfare to British citizens nor brighten the future for the EU. The Brexit referendum showed the real crisis of European democracy and revealed the inherent paradox of Habermas's democratic theory. The event is bound to expand its influence, not only retorting his theory, but also questioning the so-called universal values featuring democracy, justice, freedom and equality. Brexit has proved Habermas's theory to be hollow and nihilistic, while Habermas's theory has proved the referendum of Britain ridiculous, blind and unexplainable. If we do not eliminate the existing capitalist system of modernity, either the Brexit referendum or the democratic theory of Habermas is no solution and is invalid.
2017 Vol. 3 (4): 85- [Abstract] ( 586 ) [HTML 1KB] [PDF 1388KB] ( 1537 )
90 Zhou Lingqiang Bi Juan
The Influence of Cultural Distance on International Tourism Destination Choices: A Case Study of Chinese Inbound Tourism Market

Tourists' destination choice behavior is an important research topic in tourism research. Many studies have investigated the factors that influence tourists' destination choice behaviors. Those factors include travel motivation, tourists' personality, destination image and so on, leaving cultural distance rarely studied. Literature review shows that there are two contradictory viewpoints about the relationship between cultural distance and destination choice behaviors. The first is that the greater the cultural distance between the origin and the destination, the more people travel to the destination, while the second view is just the opposite. Both opinions are somewhat reasonable. Specifically, according to travel motivation theory, destinations with greater cultural distance better satisfy tourists' basic travel motives, namely novelty seeking and escape. In this way, the number of tourist arrival increases. On the other hand, travel risk theory proposes that tourists' perception of travel risk would increase as cultural distance increases, inhibiting tourists' visits to destinations. According to two-factor destination choice theory and optimal stimuli theory, facilitating and inhibiting forces interact to influence tourists' destination choice. It is inferred that cultural distance and tourists' destination choice have a non-linear relationship. This study utilizes the Chinese inbound tourism statistics, which covers 75 tourist source countries from year 1995 to 2012. By establishing econometric models, it is empirically verified that cultural distance and international tourism destination choice have an inverted U-shaped non-linear relationship. From this can be inferred the cultural distance where the number of inbound tourists to China reaches its maximum, namely an optimal cultural distance, the numerical value of which being 3.606. Specifically, when cultural distance is short, the facilitating force of travel motivation exceeds the inhibiting force of travel risk. The number of tourist arrivals will increase with the increase of cultural distance. However, when cultural distance increases to 3.606, the inhibiting force of travel risk o the facilitating force of travel motivation. The number of tourist arrival will decrease with the increase of cultural distance. It is of great theoretical value to discuss the influence of cultural distance on tourists' destination choice. On one hand, previous studies were limited to the impact of the origin culture or destination culture. The introduction of cultural distance improves the explanatory power of tourists' destination choice behavior, since the concept of cultural distance incorporates the cultural difference between the origin and the destination. On the other hand, this empirical study has verified the non-linear relationship between cultural distance and tourists' destination choice, providing a solution of the existing conflicting conclusions. In terms of practical significance, studies of the relationship between cultural distance and tourists' destination choice is useful for the destination marketing organizations in their application of effective marketing strategies. First, it helps identify China's target countries of tourist source. They are those countries with a cultural distance to China of around 3.606, namely New Zealand, Belgium, Lithuania, Greece, Portugal, etc. To attract people from countries with a cultural distance to China of lower than 3.606, it is important to emphasize China's difference from them. Otherwise, it is important to show China's similarity with them.

2017 Vol. 3 (4): 90- [Abstract] ( 552 ) [HTML 1KB] [PDF 1378KB] ( 1757 )
98
2017 Vol. 3 (4): 98- [Abstract] ( 193 ) [HTML 1KB] [PDF 0KB] ( 31 )
99 Peng Wenhuan Huang Zuhui
Contractual Arrangements, Choice Preferences and Empirical Researches for Smallholders:A Study Based on Choice Experiment

Agricultural industrialization is the basic outlet and essential path to realize agricultural modernization. Abundant practical experience reveals that signing commodity contract is an effective way for smallholders to attend the process of agricultural industrialization. Therefore, investigating the behavior logic of farmers signing commodity contract is of vital importance. For over a decade, though researchers have focused on the issue and investigated smallholders' behavior from various perspectives, the results have not reached agreement. Furthermore, few researchers give attention to contract arrangements and farmers' preferences. In fact, not considering contractual arrangements means ignoring the heterogeneity of contracts, and overlooking the relation between contractual arrangements and smallholders' preferences also makes it difficult to understand smallholders' behavior mechanism of signing commodity contract. This paper extends previous studies by treating contracts as the combinations of contractual arrangements, and putting forward the point that smallholders' decision to sign a contract or not depends on whether the contractual arrangements can satisfy their preferences. Then we use choice experiment to investigate contractual arrangements, smallholders' preferences and their relationships. Based on the data collected among fruit farmers in Dangshan County, Anhui Provence, and the results of mixed logit models, we find that: There is a general preference for marketing options that involve a contract, and signing a contract with farmer cooperatives is much more preferred by smallholders to that with leading firms. Besides, offering services, such as technical assistance, market information and inputs provision cannot increase farmers' utilities. Despite all that, farmers' preferences for signing a contract and the arrangements mentioned above are heterogeneous since their available infrastructure, risk attitudes and labor endowments are different. Additionally, prearranging prices could impede participation of smallholders in contract transaction, yet payment in advance and protecting price do not matter. The investigation of smallholders' preferences and their heterogeneity can provide reference for contracting parties to design contract terms according to smallholders' preferences. Furthermore, this paper provides a new interpretation for farmers' behavior of signing or breaking contracts. In order to encourage smallholders to sign commodity contracts and keep the contracts stable, this article proposes the intervention of farmer cooperatives, so as to realize the innovation of agricultural industrial organization mode. Scientifically designing contractual terms is essential as well. However, since smallholders' preferences are heterogeneous, it might be impossible to design a contract that can satisfy all rural households. Therefore, offering various contractual terms and allowing smallholders to assemble the contract according to their preferences might be a possible path.

2017 Vol. 3 (4): 99- [Abstract] ( 424 ) [HTML 1KB] [PDF 1495KB] ( 726 )
101 Shi Jinchuan Wang Weiwei
The Impact of Internet Use on Entrepreneurship: An Empirical Analysis Based on the Micro-level Data

In the past two decades, with its rapid development and widespread application, the internet has profoundly changed the way we live and the way of production, as well as the environment the potential entrepreneurs would face. Information asymmetry is the source of entrepreneurial opportunity. Attributed to the Internet, the rich information and the lowered cost to get it can help people discover and identify the entrepreneurial opportunity. In the meantime, with the easy obtaining of information, the Internet can help people to respond quickly to the changes of the external market, thus decrease the entrepreneurial risk. The large network effect built by the wide use of the Internet can help entrepreneurs to extend the market scope, hereby increase the expected entrepreneurial revenue. Employing the micro-level survey data from China Family Panel Studies 2010 and 2012, we investigate the impact of individual use of the internet on one's entrepreneurial behavior. Our results show that the use of the internet raises the probability of entrepreneurship. Since the dependent variable whether one is an entrepreneur is a binary variable, we use a probit model in the basic regression. To mitigate the problem of endogeneity, we use one's household possession of a computer as the instrumental variable in a treatment effect model. The results show that our conclusion is robust. According to the investigation into the possible mechanism through which the Internet affect the entrepreneurial behavior, it is suggested that taking the internet as the main information channel facilitates entrepreneurial behavior, raising the probability of becoming an entrepreneur by 4.1 to 4.8 percent. In the meantime, as far as the information type is concerned, both the professional information and business information have a positive effect on the probability of becoming an entrepreneur. It suggests that the openness and easy obtaining of information can help people know more about the market, as well as the entrepreneurial opportunity, thus facilitate the entrepreneurial activities. As entrepreneurship can be started either for necessity or for opportunity, it’s often divided into “entrepreneurship by necessity” and “entrepreneurship by opportunity.” Unfortunately there’s no question about the motivations in the CFPS questionnaire, so we can’t distinguish between the two types . Instead we used ″whether one pays social insurance as a business owner″ as proxy, presupposing that those who does are the entrepreneurs by opportunity. The results show that the use of the Internet has a significant positive effect on entrepreneurship by opportunity. This further confirms that the richness of information brought by the Internet is conducive to the identification of entrepreneurial opportunity. And it also implies that the Internet can play a positive role in promoting the quality of entrepreneurship. In the developing countries, the institutional environment is an important determinant of entrepreneurship. By using 〈Business Environment Index for China's Provinces〉 by Wang et al.(2013)to measure the institutional environment , we try to figure out whether the impact of the Internet would vary with the institutional environment. The results show that the Internet use plays a bigger role in regions with better institutional environment. Compared to the previous documents, the contributions of this paper are as follows. First, its use of the data of Internet use at the individual level can overcome the problem of measurement errors. Second, its taking entrepreneurship as a starting point of studying the economic impact of the Internet provides a new empirical evidence for how the Internet possibly promotes the economic growth. Third, the previous empirical studies take the developed countries as objects, unlikely taking the possible interaction between the internet and the institutional environment into account. Our paper studies the impact of Internet use on the entrepreneurial behavior in China, and whether the impact would vary with the institutional environment. This paper can deepen the understanding of the economic consequences of Internet in the developing countries.

2017 Vol. 3 (4): 101- [Abstract] ( 634 ) [HTML 1KB] [PDF 1397KB] ( 999 )
108 Zhao Dahai Lu Lulu
The Government and the Market: Experiences from the Transformation of the Primary Health Systems in the United Kingdom and the United States and Their Implications to China

The relationship between the government and the market has been recognized as crucial to reforming the social and economic system in China. Based on an extensive analysis on the operation mechanism of the primary health system in the United Kingdom and the United States which have been transformed in the opposite direction for the last half century, this paper aims to compare and identify the outcomes of varying relationships between the government and the market in the two countries' primary health systems. Based on the findings, we hope that this paper provides proper policy implications for the national policymakers in China. The analyses on the transformation process of primary health care systems in the UK and the US show that three common experiences have been offered to the reforms on China's health care system. First of all, the function and position of primary health institutions among the health care system are defined by the federal law and regulations. Furthermore, the relationship between primary health institutions and hospitals which is cooperative rather than competitive is also regulated by the federal law. Secondly, the government must coexist with the market. Specifically, the free-market reform or fully planned reform on the primary health care system in the US and UK has been proved impractical. Thirdly, the priority of the relationship between the government and the market should be determined by the present principal contradiction of the country's health care system. Notably, the profit-driven mechanism has been confirmed as the principal contradiction of China's health care system. Moreover, the public-oriented mechanism of the primary health care system has been recognized as the primary objective of China's health care reforms. Regarding the complex relationship between the primary health care system and the social and economic system, the government should play the first role in the primary health care system reforms, while the market also takes its supplementary responsibility. To realize the public-oriented operation of the primary health care system in China, three suggestions are offered as follows. Firstly, the relationship between primary health institutions and hospitals should be transformed from rivals into partners through can celations of basic health care functions of hospitals. Secondly, providing sufficient subsidies is indispensible to ensuring the public-oriented operation of primary health institutions. In addition, inputting sufficient subsidies should be based on the uniform subsidy evidence, methods, surveillance, and the full-cost accountings of primary health institutions. Thirdly, to strive to develop private primary health institutions is crucial for the long-term and stable operations of the primary health system in China. Specifically, increasing private primary health institutions is not only indispensible for the effectiveness of the market in the health care system, but it is also relieving the fiscal burdens on the local governments.

2017 Vol. 3 (4): 108- [Abstract] ( 460 ) [HTML 1KB] [PDF 1343KB] ( 692 )
120 Wu Yongmin Zhang Guilong
Modified Application of Bona Fide Acquisition Rule in Multiple Equity Transactions

According to Paragraph 1 of Article 27 of Judicial Interpretation Ⅲ of Company Law, the people's court shall refer to the application of bona fide acquisition rule when handling the disputes over multiple equity transactions. However, this application would create unnecessary troubles. Moreover, equity registration confrontation doctrine conflicts with bona fide acquisition rule in many ways. First of all, applying bona fide acquisition rule, which typically is applicable in the field of real property, to the field of equity transactions may face difficulties. Article 32 of the Company Law constitutes the legal basis for changes in equity interests, according to which, changes in equity interests follow the rule model of ″the company's approval + registration confrontation.″ This is significantly different from the changes in the real property ownership. In addition, the abuse of the bona fide acquisition rule in the field of equity changes might lead to confusion of third party in terms of ascertaining the time node. Due to the particularity and complexity of the equity changes, neither referring to the delivery of movable property nor the registration of real property can be logically consistent. In addition, there are conflicts between the two sets of rules. Bona fide acquisition rule hinges upon the theory of right appearance, aiming to safeguard transaction security. The premise of the application of bona fide acquisition rule is ex right disposition, third party's good faith as well as trustworthiness of right appearance. However, equity registration confrontation rule acts more as a trading rule, aiming to promote equity registration and implementing effectiveness of registration. Accordingly, the nominal registrant who transfers the equity in multiple transactions still have the right to dispose the equity, and consequently the third party does not need to be bona fide during the transaction. Additionally, under Chinese law, equity register and stock ledger are not reliable enough in terms of right appearance, and thus does not fulfill the premise of bona fide acquisition. In views of all the conflicts listed above, Paragraph 1 of Article 27 of Judicial Interpretation Ⅲ of Company Law essentially violates Article 32 of Company Law, and also does not follow the hierarchy of the legal effect. In order to enhance the harmony of legal system , promote equity registration as well as deter transactions in bad faith, modified legal application of Article 27 of Judicial Interpretation Ⅲ of Company Law shall focus on the intrinsic logic of registration confrontation doctrine, and strike a balance between the interest of first transferee and the third party. Specifically, from systemic logic perspective, registration confrontation doctrine should be the main thread in legal application; while bona fide acquisition rule should be taken into account in weighing specific interests, considering the first transferee's accountability, third party's subjective state as well as duty of care. Under German law, the effects of right appearance have inverse correlation with both first transferee's accountability and third party's subjective state. Due to the drawbacks of the appearance of equity under Chinese law, which leads to relatively lower trustworthiness, the interest of first transferee deserves more protection in multiple equity transactions. In this sense, the criteria of the first transferee's accountability and the third party's subjective state should be adjusted properly. Given the institutional and habitual preference for bona fide acquisition rule in legislation and judicial practice, the assessment of the criteria of the third party's good faith may be carried out in several separate stages. Nevertheless, registration confrontation rule shall be the center. Specifically, the criteria of good faith may be improved gradually from the third party's limited investigation obligation, to the presumption of good faith, and finally the absolute legal application of registration confrontation rule, and thus reduce the interference of bona fide acquisition rule progressively.

2017 Vol. 3 (4): 120- [Abstract] ( 491 ) [HTML 1KB] [PDF 1399KB] ( 930 )
122 Yang Liuyong He Bingzhuo
An Analysis on the Influence Factors of Technical Progress Rate for Insurance Companies in China: Based on Malmquist Index and Random-effect Panel Data Model

After 2007,due to the impact of the financial crisis,the competition tension of China's insurance market has aggravated remarkably.In order to obtain advantages in the future competition,insurance companies gradually pay more attention to the scale efficiency and technological progress.The phenomenon also attracts relevant scholars' interest.However,the mainstream of China's academia does not support insurance companies to carry out expansionary operation patterns in an active way because it is believed that the scale efficiency will be reduced in the course of business development and technological innovation of insurance companies,which is considered as an inefficient operation behavior by scholars.In this paper,as it is considered that the behavior of business development and technological innovation has a long-term effect on insurance companies,we observe the relationship between scale efficiency and technological progress of insurance companies and try to find out the positive factors behind the scale inefficiency.We measure the insurance management data from 2007 to 2013 by using the DEA method and compute insurance companies' scale efficiency and technological progress rate which also is named the Malmquist index.According to the analysis results,we analyze the insurance companies by a panel data regression model along with five aspects which are company property,profitability,earnings growth,risk control and business scale.This research method is more comprehensive,perspicuous and coherent than the existing literatures and this paper's pointcut which is the relationship between scale efficiency and technological progress rate of insurance companies has not yet been mentioned in present literatures.According to the results of empirical researches,we make the following conclusions:(1) The scale efficiency of insurance companies has a negative effect on the technological progress rate.The reduction of scale efficiency caused by insurance companies' behavior of business development and technological innovation will promote the technological progress effectively.In the long run,lessening the current scale efficiency to improve the future technological progress rate can be beneficial to insurance companies.(2) In the point of view of technological progress,a subsidiary of a foreign insurance company is significantly better than a China's insurance company,which is due to its management experience and technology acquisition.In order to shorten the technological gap between each other,China's insurance companies should purposefully learn from the experience and technology of foreign insurance companies.(3) The enhancement of profit growth efficiency and the decrease of loss ratio will improve the technological progress rate of insurance companies.It needs lots of labor and material sources for insurance companies to increase the technological progress rate.The profit growth efficiency reflects the growth of insurance companies' resources while the loss ration displays the capability of risk control when it comes to potential property loss.Therefore,to increase profit growth efficiency and to decrease loss ratio will make insurance companies have more resources to inject into technological innovation so as to improve technological progress rate.(4) The ratio of owner's equity,which is the value of owner's equity divided by total assets,and ROE have a negative relationship with the technological progress rate.The ratio of owner's equity shows the degree of company controlling by the owners.Based on the features of the owners who pursue profit,an insurance company with a high ratio of owner's equity is difficult to implement a relatively risky innovation behavior.And a company with higher ROE also means that there is less resources in the inefficient technological innovation department.Thus,if an insurance company has a higher ratio of owner's equity and ROE,its technological progress rate will be lower.(5) Group insurance companies occupying more market share can evidently increase the technological progress rate.Group insurance companies realize that the strategy of pluralistic management and a higher market share can provide a more favorable competition environment for group insurance companies,which can reduce the risk of technological innovation and improve the technological progress rate.

2017 Vol. 3 (4): 122- [Abstract] ( 506 ) [HTML 1KB] [PDF 1475KB] ( 888 )
124 Tian Lin Jin Xuejun Jiang Yuexiang
The Supply-side and Demand-side of Financial Inclusion: Survey Data from the CHFS

Unlike the traditional opinion of ″higher the financial inclusion index, the better,″ this thesis makes an empirical analysis using the data of 28,143 households collected by the CHFS (China Household Finance Survey). Agricultural loans, business loans, house loans and auto loans are studied separately and they reveal that bank inclusiveness covers many aspects, including insufficient demand, potential demand, supply exclusion, mismatch of supply-demand and the equilibrium of supply-demand; moreover, both insufficient supply and insufficient demand are the very two causes of financial exclusion. One the one hand, the percentage of the households surveyed which clearly stated ″We don't need agricultural loans, business loans, house loans and auto loans″ are 78.10%, 79.79%, 77.52% and 89.75% respectively. On the other hand, in the developed parts in Eastern China, the supply-side refusal is not a serious issue while ″not need″ and ″not apply″ are the root causes of invalid demand and high financial exclusion index there. Only under the condition of the equilibrium of supply and demand can the regional financial inclusion index become most objective and useful and the paradox of the coexistence of high financial exclusion index and high financial overall competitiveness be avoided. Financial inclusion is a dynamic, complex and multi-dimensional concept. However, post hoc analysis or common analysis not only leads easily to the vulnerability of the research results, but also is difficult to meet the needs of diversified perspectives. Financial inclusion involves many layers and their affecting factors play different roles at different levels on different bank loans. As the variables of household financial inclusion, family characteristics and regional features have a wide range of influences and impacts on various types of bank inclusions, so only personalized and detailed studies could give insight into the marginal contributions of all elements to diverse financial inclusions. Empirical research shows changes of rrr (Relative Risk Ratio), which reflects the relative fluctuations of the supply and demand of funds. Furthermore, the mainstream financial institutions should not only make full use of big data and block chain technology and cooperate with internet enterprises in order to gain a niche in the competitive market, but also closely embrace the community and the consumers to get a good understanding of the characteristics and special requirements of individuals, which is surely helpful to the implementation of targeted marketing. In a word, demand side and supply side complement each other and greatly contribute to the improvement of household financial inclusion by adopting the so-called ″precise″ principles. The innovations of this research are as follows: (1) The optimal demand inclusion index may not be equal to the optimal supply level of financial inclusion, so we should study financial inclusion from the two angles of demand-side and supply-side, which provide applicable and feasible perspectives to explore different external performances and internal incentives of financial inclusion and lay a sound foundation in locking in supply and demand matching solutions. (2) In view of related studies in China which focus on the national or regional level, we expand our studies to micro households. We find that micro and macro financial inclusions are different, active and passive financial exclusions are different, and that the inclusive financial system doesn't mean universal finance for everyone everywhere. We should prevent the ″index-only theory″ and ″decomposition fallacy″ and bear in mind that the inclusive financial system doesn't mean advocating financial start-ups without prudent evaluations and it isn't a synonym for charity finance. Last but not least, the financial capacity of each family should be emphasized. Under the circumstances of information symmetry and through adequate comparison of cost-revenue analysis, any decision of choices and allocations of household assets made by independent, capable and rational individuals should be viewed as a sensible and right decision and the process is also known as full financial inclusion scope. (3) It is vital to combine ″big data″ and ″thick data″ in order to supplement our on-going research and household finance will become one of the important dimensions of financial inclusion from the national and regional perspectives. Most important of all, analysis on household financial inclusion of demand side and supply side expands the discipline of financial geography either in a narrow or broad sense. Moreover, analysis on household financial inclusion is both an organic part of and enriches case studies of financial geography which is a frontier discipline and an important part of household finance.

2017 Vol. 3 (4): 124- [Abstract] ( 385 ) [HTML 1KB] [PDF 1508KB] ( 746 )
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