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JOURNAL OF ZHEJIANG UNIVERSITY 2019 Vol.5 Number 1
2019, Vol.5 Num.1
Online: 2019-01-10

Article
 
Article
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2019 Vol. 5 (1): 1- [Abstract] ( 335 ) [HTML 1KB] [PDF 1433KB] ( 664 )
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2019 Vol. 5 (1): 2- [Abstract] ( 235 ) [HTML 1KB] [PDF 0KB] ( 29 )
5 Gong Pixiang
The Change of Principal Contradiction in Society: High-Quality Development of People’s Judicature in New Era

Socialism with Chinese characteristics has entered a new era, marking anew historical juncture in the judicial development in contemporary China. A major political assessment was announced at the 19th National Congress of the CPC that the principal contradiction facing Chinese society in the new era has evolved, which creates many new demands for China’s judicial development. It is undoubtedly of theoretical and practical significance to the study of the inherent relationship between the profound changes in the principal contradiction facing Chinese society and China's judicial development based on the combination of theory and practice. Moreover, the principal contradiction facing Chinese society in the new era has exerted a profound effect on the judicial field. In this new historical context, people's needs for judicial safeguard, judicial justice, judicial effect, judicial process, judicial credibility, judicial authority and other aspects have showed new characteristics, making new demands on establishing a new judicial system to effectively satisfy the people's new needs. Therefore, we must see that the people-centered judicial idea be established as the basic value principle in the high-quality development of our people's judicature in the new era considering the basic conditions of our national justice system. We must realize the periodic characters of China's judicial development in the new era, and meet people's needs for justice effectively, which shall be regarded as the starting point and ultimate goal of high-quality development of justice system. We must strive to safeguard and achieve social fairness and justice, and see that our people can feel fairness and justice in every court verdict. We must ensure that further progress has been made in the high-quality development of people's judicature, and take it as the basic evaluation criterion of deepening the comprehensive reform in the judicial system so as to unceasingly provide more complete judicial products and service of quality. We must properly handle the relations between judicial justice and judicial efficiency to reflect the judicial value of “efficient justice” and establish a judicial system to resolve the dispute effectively. We must work to strengthen and improve the construction of Intelligent Judiciary, and vigorously promote deep integration of scientific and technical rationality and judicial rationality, so as to inject a strong impetus to the development of the judicial system of quality and realize the modernization of China's judicial system in the new era.

2019 Vol. 5 (1): 5- [Abstract] ( 401 ) [HTML 1KB] [PDF 2463KB] ( 667 )
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2019 Vol. 5 (1): 19- [Abstract] ( 228 ) [HTML 1KB] [PDF 0KB] ( 26 )
20 Xu Miao Liu Tongfang
From Firm Faith to Suspicions of Reason: When Marx Was Involved with the ″Material Interests Problem″ in His Rheinische Zeitung Period

In the period of Rheinische Zeitung, Marx's attitude towards reason changed from firm faith to suspicion in the ″material interests problem″. The change is not only an important development in Marx's thoughts, but also an initial ″seed of thoughts″ that led Marx to open the way of constructing his own ideological system after quitting Rheinische Zeitung. Before encountering the ″material interests problem″, Marx held a firm and highly supportive attitude towards the ontological value of reason, believing that reason is the inherent nature of things and the correct way of looking at things. He regarded reason as the highest standard of examining and judging whether all aspects of reality and reality as a whole are reasonable and legitimate. Marx affirmed that human nature is reasonable and free existence, stressed that philosophical research is the embodiment of free reason in human behavior. He criticized the new press census for trampling on reason and advocated that a free press was a realistic expression of reason. While Marx affirmed and respected reason, he also deepened his understanding of reason itself. Thus, he strengthened his understanding of the relationship between thought and reality, philosophy and the world, rational criticism and the interests of the masses. It laid the ideological foundation for realizing the change of reasonable attitude after Marx encountered the ″Material interests problem″.  On the basis of affirming the primordial position of reason and its decisive role, Marx got into the dilemma of the ″material interests problem″ by participating in the social reality and reflecting on the social reality problems. The ″material interests problem″ is mainly manifested in expressing opinions on wood theft and real estate analysis, the poverty situation of Moselle farmers, free trade and protection tariff. The ″material interests problem″ also fully demonstrates the objective fact that material interest dominated reason. However, there are many controversies in the academic circles on the question of why Marx felt embarrassed about the ″material interests problem″ in the period of the Rheinische Zeitung, and those controversies include ″the theory of lacking knowledge″, ″the theory of conflict″, ″the theory of Ideological dogmatism″. The real reason why Marx felt embarrassed about ″material interests problem″ was the result of the combined action with two factors, including the ″lack of relevant knowledge in the field of political economy″ emphasized by ″the view of lacking knowledge″ and ″the conflict between reason and material interests ″ stressed by ″the view of conflict″. After encountering the ″material interests problem″, Marx was faced with the dilemma of solving the ″material interests problem.″ By affirming the legitimacy of reason and revealing the illegality of material interests, he temporarily solved the ″material interests problem″ in theory. However, in the face of the social reality, Marx actually felt the destructive force of selfish material interests. He was deeply aware that material interests occupied a dominant position in real life and found that material interests became the decisive force to define the scope and norms of national activities. Therefore, Marx began to doubt reason. The doubt of reason provided Marx with an opportunity to reflect on and criticize the Hegelian view of the state and philosophy of rights after withdrawing from the Rheinische Zeitung. The ultimate destiny of reason in Marx philosophy is the end of ontological value and the true manifestation of value in human cognitive ability.

2019 Vol. 5 (1): 20- [Abstract] ( 677 ) [HTML 1KB] [PDF 1424KB] ( 728 )
28 Li Yushu
″Upside-Down″ or ″ Inconsistency″: A Re-examination of the Purpose of Marx's Critique of Hegel's Philosophy of Right

Marx's Critique of Hegel's Philosophy of Right is an important political work in his youth. Scholars often attach great importance to this work, highly affirming Marx's criticism of Hegel's idealism and drawing a clear distinction between his and Hegel's state doctrine. The image of Hegel's state doctrine of ″upside-down″ is also shaped. In fact, judging from the text, Hegel's philosophy of right starts from logic and deduces the specific content of the state doctrine. Marx's Critique of Hegel's Philosophy of Right comprehensively examines Hegel's internal state system, especially the contents of royal power, administrative power and legislative power, and focuses on the ″upside-down″ and ″ inconsistency ″ of Hegel's state doctrine. Two characteristics are different. The former indicates that Hegel has neglected the civil society, which is the decisive factor of the state rather than the opposite, and which finally moves towards the logical mysticism; the latter indicates Hegel's failure to implement his own principles, neither creative nor full of compromise to the royal family of Prussian. In fact, in Marx's critique, ″upside-down″ is not just a criticism of Hegel's state doctrine, but it is more in line with the ″upside-down″ feature of modern political philosophy. Marx and Hegel share the same logic in criticizing modern political philosophy. They both criticize the abstraction of modern political philosophy. Marx's ″inconsistency″ refers to Hegel's logical framework, which points out that Hegel fails to implement his own doctrine and has the defect of being ″non-critical″. This criticism points out the problem of Hegel's philosophy of right. It can be established, but it is not the focus of previous research, which is also the condolence of the current critical research of Marx's Critique of Hegel's philosophy of right . As far as two kinds of political philosophy are concerned, the basic difference between Marx and Hegel is that Hegel criticizes the abstraction of modern state doctrine and tries to re-establish the foundation of reason for them. On this basis, Hegel believes that the state is the realization of justice, and in this way he advocates that the state transcends civil society. Although Marx agrees with Hegel's critique of modern political doctrine and has absorbed this critique into his own thoughts, Marx does not advocate the idea of realizing justice through the state. He believes that Hegel's state is still abstract and cannot realize economic life vital to the country. Economic life, that is, civil society, is the key to understanding the state, and ultimately turns the perspective of research into social-economic issues. They have different concerns and are not diametrically opposed. These different concerns have brought about different trends in political philosophy. Therefore, for Marx's critique, we should not make a simple conclusion. We must recognize not only the inheritance of Marx from Hegel, the misplacement of Marx's criticism, but also the difference of their developing paths as two kinds of political philosophies. This understanding can not only explain the common critique of the modern political abstraction, but also explain the basic pursuit of the two political philosophies. It also helps us to make a reasonable evaluation of Hegel and Marx.

2019 Vol. 5 (1): 28- [Abstract] ( 561 ) [HTML 1KB] [PDF 1473KB] ( 683 )
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2019 Vol. 5 (1): 36- [Abstract] ( 224 ) [HTML 1KB] [PDF 0KB] ( 26 )
37 ZhouJiehong YangZhiying LiangQiao
Internal Management and Performance of Quality Safety in Cooperatives: from the Perspective of Farmers’ Pre-Harvest Interval Practices

As amajorproducer and exporter in the international market, China has a significant responsibility to ensure its food quality and safety andimprove worldwide nutrition and health of human beings. However, some scandals of food safety issues in the last decade have resulted ina negative influence on China’s trade performance and unveiled the inadvertence of food safety supervision. The residue of pesticides is considered as the most serious sourcing pollution, indicating the necessity to control risks in farming at the beginning of the supply chain. Theoretically, cooperativeshaveshaveadvantages in organizing farmers’production, enforcing internal supervision, and relieving regulatory pressures of the government.Previous studies have focused on the effects of standardization, process management and other direct control measures in qualitative or quantitative ways, but none of them have noticed the interaction effects between different control measures. Besides, the effects of indirect control measures related to human resource incentives and organizational culture construction remain unknown. To fill in this gap, an internal managementframework, consisting 11 management measures of outcome-, process- and social-control aspects, is developed in this paper. In this way, not only the single effect of each measure is estimated, but also the optimal combination of management measures can be identified through PCA analysis. Furthermore, by simply using the real value of farmer’s Pre-Harvest Interval (PHI) subjects to various crop species and pesticide brands, we use farmers’ PHI deviation distance to a standard PHI value to evaluate the performance of farmers behaviors regarding quality safety. By averaging the PHI value of pesticides for each disease of corps, farmers producing different cultivated crops can be compared. Based on a survey database of 100 cooperatives with 312 households, process-control is proved to be the most effective measure. In specific, pre-production management measure like unified input, on-production management measure like unified production standard, and post-production management measure like unified brand can significantly improve farmers’ PHI deviation. Technical training is the only effective measure in social-control, while outcome-control shows no significant effect on farmers’ behaviorsdue to immature organizational structure of cooperatives and limited management skills. With regard to combinationsof management measures, the optimal combination is made up of unified input, unified production standard, technical training, recording and collaboration. Therefore, cooperatives should adopt proper management measures according to their developing stages, and Chinese government need to attach more attention to providing cooperatives with financial supports and training opportunities for both managers and members.

2019 Vol. 5 (1): 37- [Abstract] ( 466 ) [HTML 1KB] [PDF 1612KB] ( 751 )
51 He Wensheng Zhang Xinwen Zhang Ruiju
A Study on the Factors Affecting Farmers’ Satisfaction in New Rural Cooperative Medical System and Its Optimization: A Case Analysis of L City

The new rural cooperative medical system (NCMS) has achieved remarkable results on the whole. However, in the actual operation process of the new rural cooperative fund, there are still outstanding problems such as low evaluation of the NCMS, low efficiency of medical treatment, complicated reimbursement process, and ″passive participation of farmers″, which affect the satisfaction of participating farmers in the new rural cooperative fund.. Based on the perspective of participating farmers and the operation data of the 2015 new rural cooperative fund in L city, this article uses the structural equation model to systematically analyze the main factors affecting the satisfaction of participating farmers and sorts out possible solutions to improve and optimize the NCMS on the basis of data analysis and practical feedback. The result indicates:(1) The management level and medical treatment process have more significant impact on the farmers’ satisfaction, and the least significant variable is the system design. (2) The medical level and medical expenses in the medical treatment process have the most direct impact on the farmers’ satisfaction, and the influence of the medical service attitudes of the designated medical institutions is weak. It indicates that farmers’ satisfaction with the performance of the new rural cooperative fund is strongly related to the micro-factors such as the treatment process of their own diseases, the burden of treatment costs and the final treatment effect. (3) In terms of management levels, the medical service reimbursement procedures and policy propaganda have a significant impact on the farmers’ satisfaction, while the transparency of medical service charges and the service attitudes of the new rural cooperative fund managers have the less impact, which reveals that the farmers are more concerned about the basic policies, core systems, and expense reimbursement of the new rural cooperative fund directly affecting their interests. (4) The influence of system design on the farmers’ satisfaction is not very significant. It is potentially due to the cognitive ability of farmers, which limits their understanding of the complex NCMS and its derivative system. It objectively causes farmers ″information asymmetry″ in the perception of the NCMS and their judgment on the importance of the system. This paper puts forward the policy recommendations for optimizing the performance of the new rural cooperative fund and further improving farmers’ satisfaction as follows: (1) in response to the shortcomings and problems of the service supply mechanism, the government should construct high-quality medical service supply mechanisms under the guidance of the principle of ″openness, competition and cooperation″; (2) The government needs to strengthen the cultivation of farmers’ active participation awareness and the construction of participation mechanisms by strengthening policy propaganda and expanding effective institutionalized participation channels; (3)The government should reform the traditional management of the new rural cooperative fund in, integrate internal and external management resources, and continuously promote the capacity building of the government management institutions of NCMS; (4) The government should introduce the performance evaluation tool of new rural cooperative fund, and through continuous evaluation, the evaluation results should be ″linked″ to the input of financial resources to give play to the ″leverage″ and ″guidance″ functions of the performance evaluation of the new rural cooperative fund.

2019 Vol. 5 (1): 51- [Abstract] ( 238 ) [HTML 1KB] [PDF 2123KB] ( 573 )
66
2019 Vol. 5 (1): 66- [Abstract] ( 193 ) [HTML 1KB] [PDF 0KB] ( 31 )
67 Zhao Dahai
Determinants of Public Trust in Health Care System in China

Public trust has long been recognized as crucial to the effective functioning of health care systems. In contrast to the abundant research in developed countries, there is no previous empirical study on public trust in health care systems in China. Moreover, health care system is one of the most dissatisfied public services in China, and the disturbingly high incidence of violent attacks against physicians and hospitals is the core problem in the operation of China's health care system, as well as an important social public issue in China. In addition, although the mistrust of the health care system has been inferred as the main cause of China's violence against physicians, there is no empirical evidence to be supported. Therefore, the primary objective of this study is to examine the level and determinants of public trust in China's health care system through a national survey in 26 provincial areas of China. The results show that public trust in China's health care system was 25.2%. Moreover, public trust in China's health care system was much lower than the trust in local governments, trust in most people in the society, and also lower than that of most of the countries or regions surveyed. Furthermore, satisfaction with most recent treatment experience was the lowest among the 29 countries surveyed. The results from the ordinal logistic regression model showed that respondents who had more trust in the local governments, had more trust in most people in the society, and were more satisfied with their most recent health care system experience were significantly more likely to trust the country's health care system. Moreover, the respondents who reported a higher level of happiness, positive attitudes towards social equity, and a higher level of self-identified social class were significantly more likely to trust in China's health care system. Furthermore, trust in local governments and satisfaction with most recent treatment experiences were the major determinants of public trust in China's health care system. Moreover, respondents who were older, had a lower annual income, and a higher education level had a higher probability of trusting China's health care system. In addition, the demographic variables explained few of the total variance of public trust in the health care system. In conclusion, public trust in China's health care system is low. Furthermore, the current low level of public trust in the health care system would be even lower if public trust in China's government were not so high. Therefore, Chinese policymakers should prioritize improving the health care system. Compared with the other determinants of public trust, improving experiences with health care treatment experiences appears to be not only the most urgent but also the easiest and most effective measure to improve trust in China's health care system.

2019 Vol. 5 (1): 67- [Abstract] ( 717 ) [HTML 1KB] [PDF 1481KB] ( 748 )
80 Guo Qin
Normative Influence on Health Behaviors and Group Psychology

Individual's attitude toward a certain behavior is changeable and can further change their intention to perform that behavior. A more concrete and positive attitude usually implies high intention and vice versa. When one cannot be sure if that behavior is correct or acceptable by the society, they tend to refer to others' action. Young adults, such as college students, are at a special stage of development. They spend most of their time with their peers and have a strong desire to integrate into the peer groups. Obviously, that makes them give great weight to the opinion from peers, or in the other words, the peers' norms, and are thus easily influenced by their peers. Take HPV vaccination as an example. If young college students find that most of their peers hold a negative attitude toward it, it is reasonable to infer that the acceptance level is low among these students. Likewise, when their perception of peers' attitudes is changed, their attitudes and behavioral intention may be changed as well.  The theory of normative social behavior (TNSB) explores how various social norms are correlated with each other and how they are integrated to influence individuals' behavior eventually. More specifically, social norms have been categorized into two typical types: the descriptive norm and the injunctive norm. The descriptive norm refers to people's perception about the prevalence of a certain behavior. If one believes that most people around him/her already perform that behavior, it is more likely that he/she will perform it as well. Different from the descriptive norm, the injunctive norm indicates the prevalence of a certain behavior. That means individuals may change their behavioral pattern when they perceive a certain behavior as approved (or forbidden) by the group they belong to. Notably, that normative effect works regardless of the perception accuracy. Moreover, according to Bronfenbrenner's ecological model, human behaviors are influenced by multi-level interactive systems, specifically, the Micro-system, Meso-system, Exo-system, and Macro-system. Convenient sampling was used in this study. A total of 69 female college students were recruited. Multi-level regression was conducted. The findings suggest that, in Hong Kong, the university-level perception of the injunctive norm affects college female students' intention to inject HPV vaccine. In other words, when female students believe many other university students hold a positive attitude toward the vaccine, they are more likely to hold a positive attitude as well, and consequently, have higher intention to vaccinate. However, the society-level normative factors do not matter here. Additionally, the perceived susceptibility also has significant influence on college students' intention.  To conclude, this pilot study investigated the role of social norms on college students' health-related behaviors. The findings roughly supported the theory of normative social behavior and may provide some insights to researchers who are interested in health communication.

2019 Vol. 5 (1): 80- [Abstract] ( 534 ) [HTML 1KB] [PDF 1544KB] ( 1220 )
93 Ma Shuzhong Xu Guangjian
Servitization of Manufacturing and Real Wages

With the advent of China’s economic New Normal, China’s long-standing Demographic Dividend is gradually disappearing, and the structural problems of Chinese traditional manufacturing industry have also become prominent, and then its output growth rate has experienced a large decline. China’s long-term sluggish external demands and the quietly changing domestic demands are making the situation of its export manufacturing more difficult. At the same time, the sluggish wage growth as caused by the dilemma of the manufacturing industry and the rapid increase of household consumption leverage have both brought about a huge pressure on the consumer downgrade. Fortunately, China's Internet economy during this period has developed very brightly. The emerging foreign trade service industry and the cross-border e-commerce platforms have sprung up everywhere, providing comprehensive assistance to the traditional manufacturing exporters at various levels in finance, customs declaration, logistics and sales, which have enriched the business models and saved the costs of the enterprises. Meanwhile, the proportion of service input by manufacturing enterprises is getting higher and higher, and manufacturing service has become a major trend in the industrial transformation of traditional manufacturing. The main work of this paper is to link manufacturing servitization with real wage levels, put forward a theoretical hypothesis that manufacturing servitization can raise the average wage levels, and then make an empirical test with the highly subdivided micro-enterprise historical data. We argue that manufacturing enterprises improve their real wages mainly through “expansion effect” and “intensive effect” in their service process, and the empirical results show that servitization can enhance the total factor productivity (TFP) and strengthen product price advantage, which endogenously improve the actual wage levels. The main innovations of this paper are as follows. Firstly, this paper links manufacturing servitization with the average wage level, and sets forth its internal mechanism for the first time, and provides a new paradigm for the study of transformation and upgrading of export manufacturing and its wage levels. Secondly, this paper uses highly subdivided micro-enterprise data for an empirical analysis, and our differentiated data provide rich information on multiple dimensions at the enterprise, industry, and country levels. More importantly, the manufacturing servitization indicators calculated according to the WIOD database are medium-level data at the industry level, which are not closely related to the micro data of the industrial enterprise database. Furthermore, we also use the Heckman two-stage estimation method to correct the estimation bias, which can greatly reduce the endogenous problem caused by the two-way causality. In the end, this paper draws the following conclusions: 1) Manufacturing servitization can directly raise the real wage level of enterprises. For every 1% increase of manufacturing servitization, the real wage level will increase by about 0.346%. 2) Manufacturing servitization can enhance the advantage of export enterprises' “small profits but quick turnover” by increasing its productivity and lowering product prices (markup), and then raising the real wages level. 3) The regression results are greatly influenced by the industrial differences. The impact strength of the inputs from different service sectors on the real wages is ranked as follows: distribution, transportation, finance and information. We ultimately conclude that promoting the process of manufacturing servitization is conducive to stabilize the economic growth. The policy implications of this paper are as follows. Firstly, the government needs to actively cultivate a good e-commerce development environment, including supporting e-commerce infrastructure construction, and establishing comprehensive e-commerce experimental zones. At the same time, it is necessary to reduce the actual tax burden of manufacturing enterprises and their financing costs. Secondly, traditional manufacturing enterprises should actively embrace the Internet economy with a positive attitude, use information technologies to achieve their transformation of production strategy, rationally increase their level of servitization and accelerate their upgrading.

2019 Vol. 5 (1): 93- [Abstract] ( 382 ) [HTML 1KB] [PDF 1539KB] ( 580 )
108
2019 Vol. 5 (1): 108- [Abstract] ( 254 ) [HTML 1KB] [PDF 0KB] ( 32 )
109 Shen Songqin Lu Lu
A Study of Su Shi's Huangzhou Ci Creation from the Perspective of Su Shi Yizhuan

During his exile in Huangzhou, Su Shi was ″in deep thought of Yi″. With a practical purpose he finished Su Shi Yizhuan which largely influenced his Huangzhou Ci creation based on his practical mentality. In his whole life, Su Shi followed the doctrine of ″self-improvement″ and ″helping others″, with different emphasis in different periods. Before the Wutai Poetry Case, Su Shi involved himself in political activities to serve the people, contribute to the society, improve his self-morality, realize his own value, and integrate the doctrine of ″self-improvement″ and ″helping others″ into political practices. After the Wutai Poetry Case, he focused on self-improvement in distress and hardship in Huangzhou. In the self-examination of the practical activities of ″helping others″, he managed to solve the problem of how to settle down himself in the predicament of ″dissonance of life and ambition″ starting from ″mind elevation″, and to improve his personality of self-sufficiency, innate firmness and outside softness in the renewal process of ″self-determination″, ″righteousness and broad-mindedness″, thus completing the transformation of his life in the Huangzhou period. Su Shi's spirit and personality existed not only as an ideological form in the level of Yi-ology, but also as a practical form in his exile life, which was transformed into an internal motive of his creation of Huangzhou Ci and the basic elements of expressing his feelings and aspirations. Many of Su Shi's Huangzhou poems are directly based on his Yizhuan, turning the ″unintentional″ thought into art and creating a brand-new Ci conception with unique connotations and perfect senses, especially through the images of ″drunkenness″, ″dream″, ″boat″, etc. This artistic conception showed a kind of mild and firm spiritual strength acquired from the life attitude of his resting mind and self-contentment after he got out of the period of turmoil and predicaments and experienced the process of self-renewal. When Su Shi entered the real world with this spiritual force and described his life experience in his poems, his Huangzhou Ci vividly displayed the affinity of the real world and the spiritual beauty of life in a rational and harmonious way, and created the daily artistic conception of ″the chastity of life″ and a refreshing style of Ci, thus establishing the Ci of scholar bureaucrat in the history of Ci in the Tang and Song Dynasties.

2019 Vol. 5 (1): 109- [Abstract] ( 455 ) [HTML 1KB] [PDF 1519KB] ( 991 )
119
2019 Vol. 5 (1): 119- [Abstract] ( 198 ) [HTML 1KB] [PDF 0KB] ( 29 )
120 Song Dangui Li Degao
A Normative Study of Nouns, Verbs, and Adjectives in Simplified Chinese

Aiming to compare the normative features of two-character (2C) words of different categories in simplified Chinese, we collected scores on 13 features (frequency, number of strokes, number of meanings, subjective frequency, subjective number of meanings, AoA, compositionality, semantic transparency, familiarity, concreteness, imageability, emotional experience rating, and sensory experience rating) for 1,717 nouns, 1,114 verbs, and 459 adjectives. Statistical analyses revealed both similarities and differences among the three categories of 2C words in normative characteristics. One-way ANOVA showed that 2C-nouns had the highest scores in concreteness, imageability and semantic transparency, but the lowest score in number of strokes; 2C-verbs were the most frequently used, the latest to be acquired, but the least to arouse people's sensory experiences; 2C-adjectives were rated to be the most familiar, the most commonly encountered in daily life, the most to evoke people's emotional experiences, but the least concrete. Pearson correlations analyses indicated that subjective frequency enjoyed positive correlations with frequency and familiarity, but had a negative correlation with AoA. Significant correlations between concreteness, imageability and sensory experience rating were only found for nouns and adjectives, but not for verbs.  Factor analyses suggested that the 13 variables for Chinese 2C words could be elegantly compressed into four common factors: Frequency, Semantics, Visual Complexity and Meaningfulness. Frequency, Semantics, Visual Complexity and Meaningfulness explained 18.91%, 18.65%, 9.48%, and 8.68% of features variance for the 2C nouns, 18.69%, 15.58%, 9.09%, and 9.82% for the 2C verbs, and 17.79%, 17.10%, 9.12%, and 10.04% for the 2C adjectives. Compositionality tended to reflect the visual complexity dimension for the 2C-words in general. However, AoA was loaded onto Frequency for the verbs and for the adjectives, but onto Semantics for the nouns. Emotional experience rating clustered with frequency, subjective frequency, and familiarity for the nouns, but clustered with sensory experience rating, concreteness, and semantic transparency for the verbs and the adjectives In a word, some results are consistent with and some other results are inconsistent with previous findings in European languages. There was a greater degree of similarity between the verbs and the adjectives than between the verbs and the nouns or between the adjectives and the nouns.It implicated that further studies on the unique aspects of normative features of 2C words in Chinese would likely yield significant contributions to the understanding of the language.

2019 Vol. 5 (1): 120- [Abstract] ( 386 ) [HTML 1KB] [PDF 1445KB] ( 740 )
129 Chen Weiying Xie Li
Causes of Errors in Using Self-referring Expressions:A Case Study on Native English Speakers Learning Chinese

Compared to native speakers, Chinese learners show regular and systematic errors in using referring expressions. With a comprehensive consideration of cognitive, pragmatic and linguistic factors, this study measures the self-referent's accessibility in discourse and attempts to discover the effects of cognitive accessibility, referential intention, Chinese grammatical and textual factors on the use of referring expressions. First, native Chinese speakers' preference taken as the benchmark, 53 entries of self-reference errors at the subject position were selected from the annotated HSK Corpus. Next, based on clause-level segmentation, the accessibility of the referent I was measured with four parameters. Then fine-grained analyses were presented to address pronominal redundancy and deficiency among the learners respectively. We posit that the use of referring expressions is simultaneously constrained by cognitive, pragmatic and linguistic factors. Cognitively, the addresser selects a referring expression by measuring the referent's accessibility that varies in saliency, competition, distance and unity. Pragmatically, motivated by communicative intentions, s/he would deviate from the Principle of Accessibility and adopt a referring expression to code the referent of lower or higher accessibility than its normal form. Despite possible syntactic constraints in the final output, the choice displays higher flexibility as a result of the predicates' referentiality and topic chains' diversity in Chinese discourse. Since clauses are juxtaposed for clause-union and discourse cues are used with indexical function, the addresser is expected to be context-sensitive. Therefore, the selection of a referring expression correlates the process of transferring mental activity to linguistic expressions with the combination of cognition and communication, subjectivity and objectivity.  The results show that pronoun redundancy is caused by the learners' difficulty in producing topic chains in contexts of high accessibility, and their unawareness of the indexical function of discourse cues in contexts of relatively low accessibility. Whereas, pronoun deficiency is triggered by the learners' failure to deliver the increased referential intentionality in contexts of high accessibility, and their incapability of using episode markers to judge discourse continuity in contexts of relatively low accessibility. Our findings would contribute to Chinese teaching pedagogy and discourse studies. Firstly, the structures and patterns of topic chains should be further incorporated into the pedagogical grammar and systematically taught to Chinese learners. Secondly, learners should situate themselves in discourse contexts to gain contextual sensitivity and inference capability so as to harness discourse cues and episode markers. Thirdly, learners should be aware that referring expressions and sentence boundaries are largely determined by cognitive and pragmatic needs rather than subject-predicate structure.

2019 Vol. 5 (1): 129- [Abstract] ( 509 ) [HTML 1KB] [PDF 1502KB] ( 612 )
141 Liu Qingping
An Analysis of the Paradox of Altruism: Not According with Human Nature and Yet Being Virtuous?

Western academic circles have fallen into a grotesque paradox on the issue of altruism because of setting up the conceptually incompatible dichotomy between the selfish and the altruistic. On the one hand, some scholars argue according to the so-called natural law that altruism is directly against the human self-interested nature of pursuing good and avoiding evil, and therefore is ″irrational″ and could truly exist as an ethical position in real life. On the other hand, some other scholars argue according to the justice standard of ″no harm to anyone″ that ″virtuous″ altruism without the basis of ″human nature″ is much morally nobler than ″immoral″ egoism on the basis of ″human nature″. In the context of Western moral philosophy, as a result, altruism has met with the so-called paradox of ″not according with human nature and yet being virtuous″.  If we strictly and carefully analyze the three subtly distinct and closely related concepts of self-interest, the selfish, and the altruistic from the perspective of actual description, nevertheless, we can find out that one's self-interested nature will pursue not only those self-interests〖JP〗 merely benefiting oneself alone and thus desired by oneself, but also those self-interests benefiting other people and yet also desired by oneself. For this reason, it is totally possible that one can have mutually compatible selfish motives and altruistic motives in one's self-interested willingness at the same time, and then give them different weights according to the human logic in the conflicts between them in real life, either making an egoist choice that puts one's own interests above the interests of others, or making an altruistic choice that puts the interests of others above one's own interests. In this regard, the real existence of altruism as a specific manifestation of the human self-interested nature cannot at all be negated by the human self-interested nature or egoism.  If we look from the perspective of the normative justice standard of ″no harm to anyone″, furthermore, an altruistic act may either become morally right precisely because it accords with this bottom line of justice, or become morally wrong precisely because it violates this bottom line of justice. Therefore, we have no reason to label all of altruistic acts virtuously or morally nobly without differentiation, but must specifically and concretely reveal their complex moral attributes in the interpersonal conflicts of real life by virtue of the just bottom line of ″no harm to anyone″. Both in the dimension of actual description and in the dimension of normative judgment, therefore, the Western dichotomy between the selfish and the altruistic on the issue of altruism contains serious one-sided distortions and thus is untenable.

2019 Vol. 5 (1): 141- [Abstract] ( 392 ) [HTML 1KB] [PDF 1439KB] ( 1456 )
150 Xu Yongming Tang Yunzhi
Geographical Distribution of Authors in the Complete Poems of Yuan Dynasty

The Complete Poems of Yuan Dynasty includes verses by more than 4,950 authors, among whom 3,106 are identified by place of birth. According to provincial distribution, southern authors are concentrated in Jiangsu, Zhejiang, and the neighboring provinces of Jiangxi, Jiangsu and Anhui, while those from the north are centralized in the areas under the jurisdiction of the Yuan Secretariat, mainly Henan, Shandong, Shanxi, and Hebei. Among them all, the greater proportion of authors are from the south. Specifically, Zhejiang authors rank the first among all provinces, followed by provinces represented by more than one-hundred authors: Jiangxi, Jiangsu, Anhui, Henan, Fujian, Shandong, and Shanxi. A similar distribution pattern is discernible in the Complete Prose of Yuan Dynasty, but with some differences. Zhejiang ranks the first, with more than twice the number of writers of Jiangxi. This shows that during the Yuan period, Zhejiang, as the political and economic center and transportation hub of the Jiangnan region maintained, and even developed, its status as the national center of poetry since the Southern Song Dynasty. Because of its strong Neo-Confucian tradition, Jiangxi was more heavily influenced by the ancient prose tradition that began in the Song, which in turn inspired the literati in Jiangxi to be more passionate about social and practical matters in their proses than in individual poems. This trend contributed to the great accomplishments in prose writing during the Yuan. Changes are even more apparent from the geographical distribution of author origin. Although the main distribution of author origin in the Complete Poems of Yuan Dynasty is also roughly the same as that of the Complete Prose of Yuan Dynasty, which is mainly areas under the jurisdiction of the Yuan Secretariat and Lin'an (Hangzhou, the capital of the Southern Song), two differences are clearly apparent. The first is the obvious decrease of northern authors and the increase of southern authors in the Complete Prose of Yuan Dynasty, and the corresponding rise of southern authors are mainly centralized in Jiangsu and Zhejiang provinces, whose jurisdiction included Jiangnan, most of Jiangsu, part of Anhui and Jiangxi, and all of Zhejiang, Fujian, and modern Shanghai. The second is the rank of specific prefectures and counties. Among the authors in the Complete Prose of Yuan Dynasty, Qiantang in Zhejiang (Hangzhou) ranks first with obvious advantages, while in the Complete Poems of Yuan Dynasty Suzhou ranks the first. Xuancheng in Anhui, which ranks after more than one hundred other author-origin locations in the Complete Prose of Yuan Dynasty, is ahead of Qiantang and ranks the second. The increase of poets' representation of Suzhou and Xuancheng in the Complete Poems of Yuan Dynasty is due to historical background and humanistic reasons. Moreover, in terms of the distribution of poets from Zhejiang in the Complete Poems of Yuan Dynasty, those from the Taizhou, Shaoxing and Hangzhou circuits rank as the top three. Among prefectures and counties, Hangzhou, Shaoxing, Huzhou, Tiantai, Huangyan, Yinxian, Yongjia, and Jiaxing serve as the main distribution points. Compared with Complete Prose of Yuan Dynasty, although the number of writers in eastern Zhejiang is still more than that in western Zhejiang, the gap has narrowed. Moreover, the Wuzhou and Qingyuan circuits have dropped significantly in the Complete Poems of Yuan Dynasty, indicating that in traditional, regional culture, prose writing is more highly valued than poetic composition. Through an analysis of the geographical distribution of authors in the Complete Poems of Yuan Dynasty and a comparison with the Complete Prose of Yuan Dynasty, not only can we get a clear and accurate understanding of the geographical distribution of poets in the Yuan Dynasty, but can also gain a more comprehensive and subtle understanding of the overall development of poetry and prose in the Yuan Dynasty from a regional perspective.

2019 Vol. 5 (1): 150- [Abstract] ( 691 ) [HTML 1KB] [PDF 2167KB] ( 938 )
161 Lin Jiali He Mali
Printed Japanese Hongren Edition of Wenguan Cilin and the Chinese Northern Dynasties Texts

On the order of Emperor Gaozong of the Tang Dynasty, Xu Jingzong of the Secretariat compiled Wenguan Cilin as a classified anthology of prose and poems from the Pre-Qin Period to the Tang Dynasty. Much of the anthology was lost during the early phase of the Song Dynasty. Japan's Chinese Ancient Literature Seminar gathered all of the remnant volumes and compiled thirty volumes of Wenguan Cilin in a printed Japanese Hongren edition, which consists of a large amount of important texts from the Pre-Tang Period including forty-nine extant passages from the Northern Dynasties in Cilin, which are of great documentary and historical value. Cilin complements Yan Kejun's Complete Texts from Xia, Shang, Zhou, Qin and Han Dynasties, Three Kingdoms Period and Six Dynasties. Nine passages are collected in The Complete Texts from Hou Wei, twenty-one passages are collected in The Complete Texts from Bei Qi and five passages are collected in The Complete Texts from Hou Zhou. Cilin supplements fragmentary passages in Yan's work, enhances its proportion of integrated texts and therefore elevates its literary and historic values. Emendation between Cilin and Yan's work can be helpful for correcting different characters in passages as well as looking into the problems on transitions in the texts. Specifically,the Japanese Hongren Edition recollects passages from important scholars of the Northern Dynasties like Gao Yun, Wei Shou, Wen Zisheng and Liu Di, whose contents involve documents about many Northern Dynasties historical turning points. Since the Northern Dynasties passages are rarely preserved and researches on Northern Dynasties literature and scholars are insufficient, the passages preserved in Cilin have a great literary and historic value. For example, Ode to the Southern Tour written by Gao Yun in the Bei Wei Dynasty is a complement to the odes in the early phase of Bei Wei and it's also an important text for researches into the literary level and transitions in Bei Wei. On the other hand, being a literary record of Emperor Gaozong of Bei Wei's Southern Tour, it contains a historical value. Also, The Imperial Edict of Amnesty after Emperor Xiaowen of Bei Wei's Capital Moving is a valuable document on the moving of the capital, which is an important political and cultural event. Eleven passages by Bei Qi's renowned scholar Wei Shou largely expand the amount of his works, among which Epitaph of Yan Zhou's Governor Hu Yan and Epitaph of Zheng Nan General He An are extremely valuable. These two epitaphs provide high quality texts on the relationships between politics and scholars since both epitaphs are written for people from the favored families in Bei Qi.

2019 Vol. 5 (1): 161- [Abstract] ( 397 ) [HTML 1KB] [PDF 1505KB] ( 549 )
173 Miao Qing Zhang Xiaoyan
From Charity Shops to Goodwill Economy: New Framework and New Vision

Generally, people’s understanding of charity shops is top-down in that charity shops are initiated by the government, their targets are vulnerable groups, and the focus of operation is to distribute basic living commodities. This narrow perception has been detrimental to the operation of charity shops. It has adversely affected charity shops’ contribution to the development of philanthropy in China. In order to promote the transformation of charity shops and the innovative development of philanthropy in China, this paper puts forward the important concept of a ″goodwill economy″. It refers to market-oriented activities directed at charitable fundraising, thereby expanding the narrow understanding of charity shops. This paper further proposes a new analytical framework based on the concept of goodwill economy. Based on the two dimensions of commodity form and transaction form, four different types of goodwill economy are developed: ″community reciprocity″、″public welfare″、″e-platform philanthropy″, and ″e-commerce charity″. In order to distinguish different types of goodwill economy, this paper adopts a multi-case research method. We select four typical cases to prove that the framework is reasonable and widely applicable in the Chinese context. The characteristics and development paths of each type are also described in detail to better understand the similarities and differences. Finally, in order to test the development prospects of these four types in reality, this paper reviews relevant literatures of non-profit and social enterprise researches. We extract two key indicators of sustainability and replicability and establish a two-dimensional evaluation system of goodwill economy. Based on these two standards, this paper analyzes the development status of four types. At the end of the article, we put forward some suggestions, such as cultivating community culture, standardizing management rules, establishing cooperative relations and implementing brand strategy. In general, the contribution of this paper is mainly reflected in the following three aspects: Firstly, this paper innovatively puts forward the concept of a goodwill economy, which expands the understanding of traditional charity shops. It also proposes a new topic for the field of philanthropy. Secondly, this paper establishes a new framework of goodwill economy based on the two dimensions of commodity form and transaction form. In practice, it will help organizations accurately locate their patterns and find the most suitable development path. Finally, this paper extracts two indicators of sustainability and replicability. They are used to evaluate the development prospects of fourtypes of goodwill economy. These two standards will contribute to the development level of philanthropy in China.

2019 Vol. 5 (1): 173- [Abstract] ( 364 ) [HTML 1KB] [PDF 1566KB] ( 716 )
184 Xu Xuan
Institution and Initiative: Innovation and Development of the Party’s Organizational Work in the New Era

The characteristics of the organizational work of the Communist Party of China lie in its broadness, importance and stableness. Obviously, such characters demonstrate the leadership and action modes of the Party and offer a meaningful research perspective to explore the rules and secrets of China’s politics. Inspired by institutionalism and actors theory, the author follows the research methods of institution-structure-process-result in the research into the organizational work in respect of its form, characteristics, dynamics, essentials, and implementation strategies. The essential reason for the organizational work and organization department being at a central place is the balanced coordination and allocation of the two factors — a strong institution and a strong initiative. On the one hand, the form of the party organization and cadre mechanism create a forceful support system for the organizational work. The organizational committee starts during the revolution and has the revolutionary gene which helps its establishment of the vertical leadership system centered with the party cadres and of the complex network structured on the basis of the party members. This kind of organization structure and mechanism coordinates the mobilization and organization — the two political actions. Therefore, it has strengthened the power of the Party and established the center position of disciplining the cadres and the party members in the organizational work. On the other hand, the implementation of organizational work sets up a battery of generally accepted standards and evaluation methods by means of developing the inner-party regulations to promote the consensus concepts. The active construction of Home of the Party Members″, ″Home of the Cadres″, ″Home of the Talents″, etc. has strengthened the inner-party incentive function, creating a clear image of the model department. These positive work strategies enable the organizational work to retain an advantageous position in the long run. Under the condition that the Party be strictly disciplined in all aspects, new changes have taken place in institutions and initiatives. The normative institution supports are further reinforced. This can be seen in the norms of disciplining the cadres and party members which increases the importance of morality and virtue when reviewing cadres. It can be seen in the reinforcement of the organizational work by emphasizing strict constraints in the organization operation. It can also be seen in the further expansion of the scope and content of organizational work and in the expansion of the functions and work coverage of the organization departments. However, in terms of initiatives, it is relatively insufficient. This may lead to corruption in the process of strengthening the overall leadership. Cadres are prone to political inaction when trapped and constrained by the demand from them for perfection. At the same time, it is also faced with the problem of a weakening authority in the pluralistic society and with the challenge of less work resilience brought by the over-strict organizational institution. In order to meet the needs of the party to organize and mobilize all possible forces in the new situation, it is urgent to construct the initiative of the organizational work. The new initiative construction strategy should reinforce the incentive protection function, such as establishing the important status of the construction of three ″Homes″ as mentioned above, conglomerating the talent work into the organization work system, further breaking the mysteriousness and changing it into openness and transparency, so as to make the strong initiative of the organization work into a forceful power for the implementation of the institution.

2019 Vol. 5 (1): 184- [Abstract] ( 294 ) [HTML 1KB] [PDF 1474KB] ( 561 )
195 Yao Zheng Gu Huiying
The Effect of Founders' Network Structure of Social Capital on the Venture Capital Availability of High-tech Start-ups

The lack of financing channel and absence of transparent entrepreneurial environment cause many difficulties for early stage high-tech start-ups. Venture capital firms not only provide sufficient funds for start-ups, but also provide them with other value added services, including management consulting and relationship building services. Therefore, venture capital becomes one of the most common sources of professional funding for those high-tech start-ups. It is worth studying how and to what extent those start-ups can receive venture capital. Existing research has found that founders' social capital, one of the most prominent concepts in the field of financing, can significantly increase the start-ups' probability to receive venture capital funding. High level of founders' social capital is expected to decrease information asymmetry between investors and start-ups, to signal start-ups' long-term potential for network construction and business development to investors, so as to enhance venture capital's trust in start-ups and finally to improve the probability for start-ups to receive venture capital funding. Prior research has identified four dimensions of social capital, all of which are crucial to accessing financing resources. However, despite increased research interest, the effect of founders' social capital on start-up's access to venture capital remains unclear. Additionally, which dimension of social capital has more important effect on venture capital financing has been still largely ignored. This paper collects survey data from 256 early stage high-tech start-ups, with one respondent per firm. Firstly, the paper adopts the Probit model to test the effect of founders' network structure on start-ups' access to venture capital. The empirical result demonstrates that the founders' network size and network heterogeneity both have significantly positive impact on venture capital financing; however, the high level of network strength and network density don' t have significantly positive impact on venture capital financing. The paper then uses the method of least squares to test the effect of founders' network structure on the amount of funding start-ups received in the first round financing. The empirical result shows that the founders network size and network heterogeneity still receive higher amounts of venture capital funding while the high level of network strength and network density can't yield high venture capital financing. These results indicate that venture capital firms assign higher value to founders with bridging network structure than those with bonding network structure. The subsequent robustness checks don't draw different conclusions. This paper is the first research attempt to examine the impacts of founder's network structures on access to venture capital and their influential mechanism from the structural perspective of social capital and signal theory. Our work demonstrates the coexistence of four forms of founders' social capital rather than one simple dimension of social capital, and analyzes their importance and effects on start-ups financing. Our theory and findings complement recent studies which offered mixed results regarding the effects of social capital on start-ups financing. Empirical results reveal that founders' bridging network structure plays a more important role than bonding network structure in venture capital financing, thus contributing to the literature on social capital theory and financing theory. Therefore, it is suggested that founders of early stage high-tech start-ups should devote themselves to exploring new relationship channels and establishing diverse relationship networks. Additionally, founders are supposed to reduce their excessive dependence on existing relations. It is also suggested for the government to encourage start-ups to build more connections and to create diverse networks of relationships between investors and founders of start-ups, thus bringing relief to start-ups with financing constraints.

2019 Vol. 5 (1): 195- [Abstract] ( 494 ) [HTML 1KB] [PDF 1607KB] ( 729 )
214 Li Youxing Wang Lin
A Cooperative Governance Approach to Fintech Regulation

Fintech, with digitalization and datafication as its core, changes deductive logic in the areas of technology commercialization, big data analysis, machine learning and artificial intelligence. Main features of fintech include: closing the link between finance and technology, where highly automatic financial service can be realized via complicated arithmetic and big data; complex recognition and regulation of fintech subjects with distinct information asymmetry; absence of ″disintermediation″ in providing financial service; special consideration of compliance cost during regulation which, if high, might result in great pressure to fintech enterprises that bring subversive innovation; and greater risk containment compared to traditional financial industries. Meanwhile, fintech is also challenging the established logic of traditional financial regulationand alternating the traditional financial environment. Current financial regulation practices have shown a certain degree of inelasticity, which makes it hard to achieve a balance between stable markets, financial innovation and clear rules. Such inelasticity is primarily manifested in three aspects: the existence of redundant and restrictive regulations amongst the lack in regulations which provide incentives; prevailing mandatory regulations from government control within effective cooperative governance; and dependency on traditional regulatory tools in the absence of data-centered technical governance. Since fintech time is featured by multi-subject, cross-industry financial business, the coexistence of subversive innovation and systematic risk, the supervised often acquire more advantageous information so that they are clearer about the regulation key points and vulnerability, while government has shown limited strength in regulation resources and capacities. Moreover, the sole dependence on administrative subjects makes regulations unrealistic and expensive. Only with an attitude of inclusiveness (i.e. negotiating with, interactively learning from, and even sharing power with multiple subjects) can the regulator make more prospective regulatory measures from a greater point of view. As a result, adaptive reforms must be introduced to bring in cooperative governance of multi-subject, multi-rule and multi-mechanism. Subjects of cooperative governance include various non-governmental subjects. It emphasizes a ″new governance mode″ to achieve a balance between various subjects such as the state, market and society. Regarding specific modes of cooperative governance, key attention shall be attached to these two aspects: diversification of subjects(i.e. government authorities, enterprises and associations), which means that every subject has its role to play so that mandatory control can be shifted to regulatory governance via interactive learning, feedback and timely adjustment to policies; and diversification of rules (i.e. not only law, but also instruction, contract and industrial standards). In conclusion, the shifts in financial regulatory approaches shall be considered as follows: the shift from single-subject regulation to multi-layered cooperative governance of various subjects, the shift from mandatory adversarial mode to interactive mode with decentralized cooperation, which would eventually form a cooperative governance structure with benign interaction between central government and local governments, administrative regulation and self-regulation. Regarding administrative regulation, an inclusive concept is realized via smart regulation with regulation policy made according to different developing stage of enterprise, and technical governance is realized via regulatory sandbox and regulatory technology. Besides, coordination mechanism for dual level regulation of central and local government shall be improved. Key attention is attached to regulation power and responsibility of local government and local legislation for division in power and responsibility and accountability of various government subjects. With respect to self-regulation, internal compliance of enterprise shall be emphasized and whistleblower mechanisms shall be built so that ″gatekeepers″ and competitors in the same industry can have access to the governance. Only in this way can the advantage of each party be stimulated during the interaction, where various subject speaks on their behalf, and problems in traditional regulation mode of single subjects, such as limited rationality, restricted cognition, delayed regulation and benefit conflict, can be avoided.

2019 Vol. 5 (1): 214- [Abstract] ( 377 ) [HTML 1KB] [PDF 1524KB] ( 823 )
227 Gao Yandong Zhang Qionghui
The Necessity of Protecting Shared Use Right and the Assessment of PenaltyGao Yandong

The development of the Internet has generated an innovative model of shared economy. When an item is being shared under the model, a legal ambiguity incurs regarding the use right, as the theft of the shared items is beyond the current legal concept concerning theft. From the perspective of violation against the use right of the shared item and the object of the crime, theft of the shared items is distinct from that of the traditional ones; this is also the truth as of whether the use right of the owner is infringed and the identification of the victims. Shared use right is also different from traditional use right in that public interests may be involved. Despite the increasing importance of introducing laws and regulations on theft against shared items, there are still challenges in the era of shared economy, which grants profound significance to the deliberation in terms of legal protection over shared use right. Laws shall protect the shared use right. The rapid development of shared economy has justified the protection over shared use right. Shared economy is booming throughout the world, and particularly in China. It has been an economic model of massive scale, enabling the country to innovate and lead the world economy. This allows for the financial foundation and practicability of protecting shared use right in China. A close gander at the development of human society will reveal that the content change of property rights takes the course from use right to ownership and then in return from ownership to use right. Currently, the constant development of social productivity has accelerated the socialization of property, leading to the gradual advent of surplus resources. The transformation of ways to create values from owning a property to using a property gradually separated the value of use right from ownership. Therefore, the legal system shall follow the rising trend of use right and protect it. The criminal law shall prioritize the protection over shared use right. Firstly, while the civil law emphasizes the interests of individuals, shred use right is of public interests, resulting in the ineffectiveness of the civil law in the protection over shared use right. Moreover, due to the absence of definition of shared use right in the civil law, public interest litigation of such is unlikely. Secondly, since administrative laws and regulations in China have not covered shared right use, there is no legal foundation to protect shared use rights with administrative laws and regulations. In addition, the effectiveness of administrative penalties falls short to offset the jeopardy of infringing shared use right. Lastly, it has long been a tradition in China that the criminal law protects new kinds of rights ahead of time. Due to the high relevance of shared right to public interests, it is urgent that the effective criminal law should step in. As traditional theories related to crimes of property violation have not included shared use right, the criminal law shall narrow the gap by recognizing its independent legal status. As a matter of fact, it is of solid juristiche dogmatic foundation to utilize the criminal law for the protection of shared use right. To begin with, the criminal law of China already has articles protecting independent use right, and the use right protection in Law of the PRC on Public Security Administration is the extension and follow-up. Secondly, the theft of shared items takes place with the intention of illegal possession, which is not equal to long-term illegal possession. Under the circumstances of information era when the ownership is evidently separated from use right, it is inappropriate to regard illegal possession as the equivalent of unlawful gains. Approaches to penalty assessments resulted from infringing shared use right should be innovative. In an era of shared economy, the assessments of crimes of property violation should be based on more than just the amount of money involved. Instead, an assessing system built on diverse factors should be introduced. In the case of shared use right, assessment based on value in use is an employable suggestion.

2019 Vol. 5 (1): 227- [Abstract] ( 486 ) [HTML 1KB] [PDF 1517KB] ( 579 )
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