浙江大学学报(人文社会科学版)
 
     Home |  About Journal |   |  Instruction |   |  Subscriptions |  Contacts Us |  Back Issues of Onlinefirst |   |  Chinese
Office
Quick Search Adv Search
 · Online Submission
 · Manuscript Tracking
 · Peer Review
 · Editor Work
 · Office Work
 · Editor-in-chief
Journal
 · Forthcoming Articles
 · Current Issue
 · Next Issue
 · Archive
 · Advanced Search
 · Archive By Volume
 · Archive By Subject
 · Read Articles
 · Download Articles
 · Email Alert
 ·
 
Download
 · Instruction
 · Template
 · Copyright Agreement
More>>  
 
JOURNAL OF ZHEJIANG UNIVERSITY 2019 Vol.5 Number 6
2019, Vol.5 Num.6
Online: 2019-11-10

Article
 
Article
1
2019 Vol. 5 (6): 1- [Abstract] ( 187 ) [HTML 1KB] [PDF 0KB] ( 17 )
3
2019 Vol. 5 (6): 3- [Abstract] ( 160 ) [HTML 1KB] [PDF 0KB] ( 17 )
5 Shen Manhong
A Study of Xi Jinping's Important Discourse on Institutional Reform for Building Ecological Civilization

Universities are traditionally perceived as academic communities or learning communities.Socialist universities with Chinese characteristics,however,not only possess the defining features of academic communities or learning communities, but also stress the importance of fostering virtues through education,with an explicit goal that core socialist values should run through the whole process of talent cultivation.They can thus be reckoned as moral education communities.This cognition not only goes beyond the notion that universities simply serve as academic communities or learning communities,but it also reflects the essence of socialist universities with Chinese characteristics and is an essential step towards ″fostering virtues through education″in a comprehensive manner.The common good is an ethical necessity for a moral education community and an inevitable choice for socialist universities with Chinese characteristics.While Western universities advocate the pursuit of neutral values and individual goods, socialist universities with Chinese characteristics,as moral education communities,place much emphasis on value-goal congruence and regard socialist core values as a value-goal.Towards this end,on the one hand,equal dialogues and cooperation are required among value subj ects within the moral education community so as to reach a consensus on the value of common goods;on the other hand, ideological education and publicity campaigns on ideology and culture should be carried out in a top-down manner so that every individual in the moral education community can reach a consensus on common goods through value choices,value identifications and value beliefs.Moral responsibility is an essential prerequisite for a moral education community.It stresses the moral responsibility and self-construction of teachers and students and multiple subj ects in a university.In the moral education community,faculties,staff,workers,students and the moral education community itself should take on the responsibilities of cultivating talents by imparting knowledge,cultivating talents through administration,cultivating students by offering services, self-education,and building public morality in society respectively.Multiple subj ects in the moral education community should also assume moral responsibilities in different fields.The classroom, as a crucial field of the moral education community,is not only the best teaching field for moral education but also the most effective space for moral education;the living environment,as an important field of the community,can make up for the inadequacy of morality as knowledge in traditional classrooms and the drawbacks of professional knowledge education;and the Internet, as a community of relations,is a new essential field to publicize socialist core values and enhance college students'confidence and identity with the mainstream ideology of contemporary China. Collective collaboration is an internal logic of a moral education community. SocialistUniversities with Chinese characteristics are regarded not only as collaborative and sharing learning communities with common goals but also as practice communities generated by collective cooperation.This kind of collective collaboration is a learning-based process of mutual growth and development for both teachers and students with three core elements:a common goal and vision,a common community and common practice.To achieve collective collaboration in the moral education community,teachers,students,administrators and staff members should make concerted efforts to yield a win-win situation and synergistic development among individual communities and the society by holding onto goals,clarifying responsibilities,optimizing and completing related mechanisms and setting rules.

2019 Vol. 5 (6): 5- [Abstract] ( 418 ) [HTML 1KB] [PDF 1394KB] ( 537 )
16 Dong Xuebing Li Jixia Chi Ruonan
A Study on Xi Jinping’s Important Expositions on Coordinated Regional Development

In the long-term theoretical thinking and practical exploration, Xi Jinping proposed a series of important expositions on coordinated regional development. By analyzing his work and practice in urban and rural areas, provinces and the nation, Xi Jinping’s key expositions on coordinated regional development for a new era experienced three phases: deliberation, germination, and development. In the first phase, Xi Jinping has deliberated on how to relieve poverty in underdeveloped urban and rural areas. In the second, Xi Jinping explored the coordinated development of developing and developed regions in provinces. In the third, Xi Jinping proposed the coordinated regional development strategy in China. With the expansion of coordinated regional development in practice and pattern, Xi Jinping has deeper understanding of coordinated regional development, from the endeavor of ″weak birds flying first″ to the coordination between ″mountains and seas″, and finally the ″comprehensive coordination″ came into being. Xi Jinping’s important expositions, a scientific, complete and logical theoretical system, address a series of major issues concerning China’s coordinated regional development for a new era, including its fundamental position, source of driving forces, development ideas and paths as well as working methods. Xi’s important expositions are presented as follows: taking improving people’s well-being,promoting all-round human development and realizing inclusive growth as the starting point for the coordinated regional development based on the people-centered philosophy; accelerating the transformation of external support to endogenous development, going beyond development assistance, and boosting sustainable regional development; helping under developed areas in a comprehensive way based on regional growth poles and their polarization effect and diffusion effect; enhancing regional comprehensive strength by breaking down administrative barriers and cutting system transaction costs based on inter-regional cooperation; exercising the dynamic comparative advantages of the region for better coordinated development via internal and external cooperation and foreign collaboration by assisting old revolutionary base areas, areas with large ethnic minority populations, border areas, and poor areas for development and more opening up to the outside. As a vital component of Xi Jinping’s thought on socialism with Chinese characteristics for a new era, Xi Jinping’s major exposition was formed under the impetus of regional development practices since the 18th National Congress of the CPC. It holds great theoretical and practical significance. On the one hand, Xi Jinping’s important expositions inherit and develop China’s thought on regional development, promote Marxist political economy, enriching the theoretical system of political economy of socialism with Chinese characteristics for a new era. On the other hand, under the guidance of Xi Jinping’s important expositions on coordinated regional development for a new era, a series of achievements have been made in the field of coordinated development on a provincial and national level. The development ideas embodied will provide China’s solutions and experience for global coordinated regional development and the common progress of humanity.

2019 Vol. 5 (6): 16- [Abstract] ( 493 ) [HTML 1KB] [PDF 1441KB] ( 381 )
28
2019 Vol. 5 (6): 28- [Abstract] ( 172 ) [HTML 1KB] [PDF 0KB] ( 14 )
29 He Lianzhen Zhang Juan
Origin and Development of Language Testing in China

Considered the hometown of exams, language testing didn't start in China until the late 1970s with the inauguration of the English Proficiency Test. As the founding father of language testing in China, Professor Gui Shichun made huge contributions in designing language tests and navigating the sound development of language testing practices in China. He advocated the modernization of language tests, featuring institutionalization, specialization, standardization, and computerization. He also called for a shift from product-oriented testing to process-oriented testing and adopted cognitive information-processing models for reading assessment and scoring. He was also one of the first few scholars who directed people's attention to the social dimensions of testing, maintaining that joint efforts must be made to bring about the positive washback of language tests. The past four decades has witnessed a flourishing in language testing in a number of areas. For one thing, huge efforts have been made in developing language tests for different purposes, along with researches on reliability, validity, factors affecting test performance and so forth. Language testers have introduced the mainstream testing theories, advanced technologies, and sophisticated methodologies in their research. For another, scholars have gradually turned their attention to external factors of language testing, paying special attention to the use of large-scale and high-stakes tests, together with the washback or impact of language tests. Following a delineation of the development of language testing in China, an attempt is made in this article to outline some avenues for future research. First of all, although efforts have been made in developing all kinds of language tests, to establish a scientific and systematic language testing system is particularly urgent yet challenging. Advanced testing theories should be adopted and validation research will continue to be a major research focus. Additionally, the application of China's Standards of English Language Ability (CSE) is a relatively scant exercise which is currently confined to linking language tests to the standards. Scholars are expected to make continuous efforts in applying CSE in other areas like language test development and reform, language teaching, syllabus design and so on. Further, social aspects of language testing and the professionalization of the field remain areas to be explored.  In summary, this article reviews the origin and practices of language testing in China over the past four decades and points out avenues for future researches, with the expectation of furthering the integration of language testing and language teaching, and improving assessment literacy of all the stake-holders.

2019 Vol. 5 (6): 29- [Abstract] ( 486 ) [HTML 1KB] [PDF 1403KB] ( 506 )
39 Li Yuan Duan Tinghui Liu Haitao
Is the Distribution of Nouns an Invariant in Human Languages? — An Investigation Based on Written German Corpora

Hudson indicates that the proportion of nouns in written English is about 37%. Since then, many other languages haven been studied in this respect, finding out that the proportion of nouns in all human languages is an invariant. German and English have differences in word formation, though they both belong to the West Germanic language subfamily. As for nouns, on the one hand, German has a larger proportion of compound nouns, resulting in intensive information, thus the total quantity of its nouns could be relatively smaller than that of other languages; on the other hand, nominalized structures are common in German, which may cause a larger proportion of nouns in comparison with other languages. Does German conform to the universal law of language? We try to answer this question based on three large-scale corpora of German: The DWDS-Kernkorpus consists of texts of different genres from the 20th Century and has more than 100 million words in total; The Deutsches Textarchiv (DTA) is a diachronic corpus of written German and contains about 150 million words from texts of the same genres as DWDS-Kernkorpus; The TüBa-D/Z treebank is a German newspaper corpus with more than 1.5 million words, containing 3,644 mainstream newspaper articles of ″Die Tageszeitung″ from 1989 to 1999. In order to make the results comparable, we adopted the same classification criteria for nouns and the part-of-speech tagsets suggested by Hudson. The result shows that the proportion of nouns in all three corpora of written German is about 38%. Thus, the above-mentioned hypothesis is corroborated.  Furthermore, we studied the relationship between the proportions of nouns in different genres. Differences exist between different genres in terms of the proportions of subclasses of nouns including common nouns, proper nouns and pronouns. While common nouns are larger in proportion in informational texts, imaginative texts have a larger proportion of pronouns. This result also complies with that of Hudson. Little work has previously been conducted with the diachronic development of language. In this study, we additionally explored the relationship between time and the proportion of nouns (and its subclasses) by analyzing texts from 1500 to 1950. While no big change of the total proportion of nouns in the last five hundred years was observed, there is a shift between the proportion of common nouns and that of pronouns. The proportion of common nouns has been increasing continuously from 14.02% at the beginning of 16th Century to about 24% in the 20th Century, whilst the proportion of pronouns has decreased from 16.66% to 10%. To our best knowledge, this diachronic tendency hasn't been addressed so far. We argue this tendency is caused by the social and technical development as well as the evolution of the language itself.  In conclusion, this study corroborated the hypothesis that the distribution of nouns in all human languages is an invariant. The proportion of subclasses of nouns in written German varies among genres and has changed a lot with time, although the general proportion of nouns remains the same. Moreover, we observed a continuous increase of the proportion of common nouns and a correspondingly decrease of the proportion of pronouns in written German in the last five hundred years. This interesting finding offers a new perspective to language evolution and quantitative linguistic research and deserves further studies.

2019 Vol. 5 (6): 39- [Abstract] ( 800 ) [HTML 1KB] [PDF 1553KB] ( 528 )
48
2019 Vol. 5 (6): 48- [Abstract] ( 128 ) [HTML 1KB] [PDF 0KB] ( 14 )
49
The Greyhound: The Hound on the Ancient Silk Road and Its Significance in Cultural Exchange

On the basis of those documents handed down from ancient times in Chinese, Chagatai, Persian, etc. and archaeological materials, this paper ma a preliminary analysis of the eastward spread of the greyhound, which was the dearest to the hearts of the Eurasian Royal Families. The hound is an important tool in ancient hunting activities. The issues of how to change the study of hounds from the field of natural history to cultural history and interpret their significance in cultural exchanges from the perspective of cultural history are worth discussing. The spread of the hound on the Silk Road and their appearance in the Central Plains for being offered as the tributes are only a tip of the iceberg in the cultural exchanges on the ancient Silk Road, but these few cases are an important basis for comprehensively understanding the cultural exchanges and communication of the ancient Silk Road, and also in the meantime, provide a new perspective for further studies on the hunting history of the Silk Road. In the Period of the Roman Empire, humans divided domestic dogs into categories like hunting, guarding, herding and pets. The image of the greyhound in the myth of ″Atalanta, the Hunting Goddess″ in ancient Greece and its portraits on the hunting portrait stones of the Han Dynasty in China both reflect its spread on the ancient Silk Road and its cultural significance. The materials of various murals, miniatures, hunting-themed gold, silver and jade articles, and printed silk fabrics on the ancient Silk Road provide important evidences for the study of the relationship between hounds and humans. Among all those various ancient literal materials on the Silk Road, the earlier and more abundant records of hounds are in Chinese and Greek ones. In Greek materials, records of hounds first appeared in the 5th Century BC. Xenophon, a Greek scholar and student of Socrates, wrote the famous hunting guide, Cynegeticus, which recorded the horses and dogs as hunting partners. In addition, there are important records of hounds in important Chinese cultural classics, such as A Biography of King Mu, and other archaeological materials, such as rock paintings and portrait stones. Byzantine dogs, steed dogs (Persian dogs), mastiffs, etc. frequently appeared in those handed-down and archaeological materials of the regions along the Silk Road, among which the greyhound is the most widespread, attractive and favored by Royal nobles. The greyhound, also translated as ″gray dog″, ″gray whippet″ and ″Geli dog″, runs the fastest and it is one of the oldest dog breeds. The greyhound, as the most precious hunting tool, was introduced into China at early times and images of greyhounds have already been discovered on the portrait stones of the Han Dynasty. The Hunting Portrait of the Eastern Han Dynasty found in Shandong Province provides us with strong evidences. In addition to those portrait stones at early times, in China, image data of greyhounds were found in the tombs of An Jia, Yu Hong, Prince Yide and the main tomb in Wanquanxianzhu. The prosperity of the ancient trade way along the Silk Road provides space for the survival of greyhounds. They moved along with the human activities on the ancient trade way along the Silk Road, and played an extremely important role as a medium of cultural exchanges and communication. The author believes that it is closely related to the characteristics of the greyhound itself. The greyhound has a beautiful body shape, fast running speed and good endurance. Therefore, it was regarded as a symbol of wealth and social status, as well as one of the best gifts given to each other. According to the handed-down documents and unearthed data, the movement of the ″hounds″, including the greyhounds, on the ancient Silk Road were mainly through tribute and commercial trade activities. From the perspective of cultural exchange between East and West, the significance of the hound culture history can be analyzed in a greyhound-centered way. Firstly, the emergence and function of hounds on the Silk Road is the epitome of the ancient hunting culture. Secondly, the eastward spread of the greyhound reflects the relationship between China and its surrounding regions and countries. Taking the greyhound as a medium, this kind of communication promotes cultural exchanges. Thirdly, the data related to hounds provide important clues for the study of their personalization and artistic images.

2019 Vol. 5 (6): 49- [Abstract] ( 459 ) [HTML 1KB] [PDF 8870KB] ( 605 )
64 Xia Xiangyang Xiao Wen
Mapping Knowledge Domains of International Patent Information Research: Social Science Perspective

With the increasingly drastic competitions in science and technology, patent information as the world’s largest source of technical information has become an impetus for scientific and technological innovation, as well as a powerful weapon in technological competition, attracting close attention from scholars all over the world. Related scientific literature has thus been increasing rapidly ever since. However, few scholars have conducted a comprehensive research or assessment of the intellectual bases, research hotspots and cutting-edge trends of international patent information studies. In view of this, patent information research literature, which was collected from SCI and SSCI databases of the Web of Science (WoS) between 1998 and 2018, was studied in this paper, with a focus on five subdivisions of management, economics, business, business finance, and information science library science. The knowledge units of the patent information research literature in social sciences and the relationship between them were visualized by using the bibliometric method and mapping knowledge domains with the CiteSpace software, to demonstrate the international patent information research cooperation network and the co-citation network, keyword co-occurrence network, keyword burst. The intellectual bases of international patent information research were identified through an in-depth analysis of cited documents with high co-citation; key words of high frequency and high quality was analyzed to estimate the hotspots of international patent information researches; burst keywords were studied to determine the evolvement of international patent information researches. At the same time, the paper also offered a panorama of international patent information research articles, major authors and institutions. The main findings of this paper are summarized as follows. (1) The international patent information scientific literature in the social sciences has shown a rapid growth since 2005. The results of cooperation networks show that institutions of higher learning from South Korea, Taiwan (China), and mainland China are important forces in international patent information studies.Among them, Seoul National University of Korea plays a key part in the studies on patent information. Sungjoo Lee and Yomgtea Park in Korea are highly productive authors, and Darzen Chen &Muhjuan Huang’s team in Taiwan (China) and Donghua Zhu’s team in Beijing University of Technology in mainland China are emerging research forces. (2) The intellectual bases of patent information studies include market value and patent citations, discovery and prediction of emerging technologies, emerging technologies and patent analysis methods, patent information visualization, SAO-based patent network analysis, discussions on the relation between the patent system reform and patent information, etc. B.H.Hall’s team from the University of California at Berkeley is the most outstanding contributor to the intellectual bases. (3) Research hotspots based on high-frequency keywords focus on patents, innovation, research and development, information, technology and performance and so forth. The trend based on burst keywords has evolved from patents, technologies, innovations and indicators in the early years to quality, search, mobility, knowledge flow, trend, morphological analysis and products in recent years, which shows a shift from macro-interpretation to micro-application, from information to the knowledge flow, from developed areas to developing ones. With the rapid growth and accessibility of patent application and citation data, we have every reason to believe that emerging technology prediction, technology opportunity discovery and technology trend identification will be the focal points in the studies on patent information. Our research offers the following implications and suggestions: (1) The patent affairs authority should speed up the construction of China’s patent information think tanks by focusing on the enterprise intellectual property risk prevention.(2) Enterprises should comprehensively improve the level of intellectual property protection by using mapping-knowledge-domains-based international cooperation in patent information researches as a booster. (3) The State Intellectual Property Authority should further promote the application of mapping knowledge domains with the goal of establishing a full chain incentive mechanism for innovation.

2019 Vol. 5 (6): 64- [Abstract] ( 431 ) [HTML 1KB] [PDF 3682KB] ( 429 )
78 Xu Qingrui Li Yang Wu Huabin
How Does Total Innovation Drive Organizational Platform Transformation?—A Case Study on Three Major Platforms of the Haier Group

The advent of Internet technology and business logic of the Internet has brought new commercial opportunities to traditional manufacturing. At the same time, it challenges the traditional bureaucratic organizational form of enterprises. To cope with the developing demands of the new era, some leading companies tried to transform into a flat platform organization. The emergence and growth number of platform-based organizations attracts the attention of researchers in the organizational theory filed. Previous studies show that platform as a special organizational form has two significant advantages which are network effect and evolution ability. It is for these advantages that these platform firms can meet the requirements of gathering multi-party resources in a short time and adapting to the environmental changes dynamically. Usually, researchers focus on macro-level and exogenous factors when analyzing the driving factors of platform transformation. The main factors include technology change, transaction costs and social division. Whereas over emphasis on macro and external factors leads to the neglect of individual factors, such as companies’ creativity and agency in facilitating platform transformation. As an important strategic change and organizational adjustment, it is meaningful to explore the endogenous factors that drive and support firms to achieve platform transformation. In particular, it helps to answer the question why some firms transform earlier than their peers do, especially considering that they face the same environmental conditions. It also explains the heterogeneity of firm behavior. The case study of transformation process of three major platforms in the Haier Group reveals that total innovation is the key endogenous factor leading Haier’s platform transformation. Based on the perspective of total innovation management theory and platform theory, we illustrate how total innovation initiates the establishment of intelligent manufacturing platform, open innovation platform and entrepreneurship platform in the Haier. This research shows that Hair’s platform transformation is closely related to its implementation of all-factors innovation, all-employees innovation and all time-space innovation. Specifically, all time-space innovation breaks the physical constraints on traditional business activities and provides a cross-border access to resources for the development of platform. All factor innovation strengthens the internal relationships and the development of different factors, and provides a new way of value creation for platform transformation. All employee innovation provides new forms of employment relationship and making the general staff more willing to innovate and run their own business. This paper explores how total innovation drives transformation of organizational forms in the new era. It builds a linkage between innovation research and platform research. Also, it deepens the understanding of total innovation view and expands its theoretical application scope. These findings based on internal perspectives complement the previous findings based on external perspectives. Together, these two parts provide a more comprehensive theoretical framework for explaining the platform transformation phenomenon. Finally, this research also provides a useful experience for traditional manufacturing, especially those who want to construct their sustainable competitive advantage through total innovation.

2019 Vol. 5 (6): 78- [Abstract] ( 381 ) [HTML 1KB] [PDF 1827KB] ( 605 )
92 Zhang Yan
Logic of Reform and Justification of the Constitutional Amendment of China

Distinguished from the previous four amendments, the fifthamendment in 2018 to the ChineseConstitution of 1982 put forward some new propositions with ground-breaking significance. Reviewing the changes of Chinese constitution, these propositions imply the hidden logic of reform behind the Chinese Constitution of 1982. Reform is different from revolution, while revolution is the fundamental change of political order with the violence, reform is just the drastic but orderly change within the framework of the constitution. Revolution can not be compatible with the constitution and the rule of law, but reform can. The theory of “New Era” is part of the theory of the primary stage of socialism, which is different from the theory of socialist revolution. Since the mid-1990s, the construction of socialist rule of law has made great achievements on the base of the theory of the primary stage of socialism. This paper focuses on the fifthamendmentto the constitution in 2018 and tries to reveal the hidden logic of reform behind the Chinese constitution of 1982. The rule of law in the primary stage is dialectical combination of legislation and institutional reform, which requires that the leading political party be the representation of the people, centering on the fundamental interests of the people, and finding the fundamental interests of the people in the different historical phases. As the 19th Party Congress Report says,the people's desire for a better life is always the direction of leadership of the political party. Therefore, the rule of law in the era of reform should not only safeguard the interests structure of the people formed by the current legislation, but also face the future, perceive the changes in the fundamental interests of the people,and timely amend the constitution and laws in order to achieve a dynamic balance between legislation and institutional reform. After four decades of tremendous development in reform and opening up, it is in the fundamental interests of the Chinese people in the New Era to achieve global connectivity with other countries in the world. The amendmentto the constitution in 2018 incorporated the idea of community withshared future for mankind into the preface of the constitution, which is also an embodiment of the reform logic. The idea takes the Marxism, the classical thought of “Tianxia” in ancient China and the rational nationalism in all. It is a kind of wisdom that China, which has grown into an international country, has contributed to the modern world and global governance. The inclusion of the community with a shared future for mankind in the constitution by the new amendment greatly expands the connotation of socialist constituent power and international rule of law. The logic in reform of Chinese constitution of 1982 is also reflected in the dual representation system stipulated in the constitution. Dual representation system consists of the political and the legal representation. Leading political party isthe political representation, while the State Council, Supreme People's Court, Supreme People's Procuratorate and National Supervisory Committee under the leadership of National People’s Congress are the legal representations. In the second paragraph of Article 1 of the constitution, the new amendment clearly stipulates that “the leadership of the party is the essence of socialism with Chinese characteristics”. On the one hand, affinity to the people is the basis of the political party's legitimacy; on the other hand, the political party is the representative of the people. In thestage of reform, the political party plays a leading role in reform, and the people's needs are the direction of national legislation and reform. In terms of the legal representations, the new amendment adds a new state organ, “national supervisory committee”, which fully embodies the principle of combiningthe extrinsic rule of law and the intrinsic rule of virtue. That is, the legal representationsfor the people must adhere to the rule of law, while the political representationfor the people must adhere to rule of virtue, and the key issue to implement rule of virtue is that the leading political party should be strictly self-discipline. All of these constitute the basic contents of constructing thesocialism rule of lawwith Chinese characteristics in the new era.

2019 Vol. 5 (6): 92- [Abstract] ( 436 ) [HTML 1KB] [PDF 1394KB] ( 380 )
103 Li Yongming Liu Xiaotong
An Analysis of ″Relevant Public″ Scope in Trademark Law

″Relevant public″ is a kind of legal fiction in trademark law. In China, Germany, France, the European Union, and the World Intellectual Property Organization (WIPO), ″relevant public″ is regarded as an important legal concept when construing the distinctive characters of trademark, the identification of well-known trademarks and the assessment of trademark confusion. Consequently, it is important to analyze the definition and the composition of this concept. This paper discusses how to dissect the definition and the composition of ″relevant public″ by legal reasoning. The analysis of these issues is carried out in four steps. Firstly, to clarify the major premise, this paper dissects the concept of ″relevant public″ in the trademark legislation of diverse countries. Secondly, to focus on the key point of legal reasoning, this paper analyzes the composition of ″relevant public″. Thirdly, this paper summarizes and analyzes the major factors of analyzing ″relevant public″ in typical trademark cases of China. Finally, to define the contours of ″relevant public″ in specific cases, this paper builds an analysis model of ″relevant public″ using the mathematical set theory. To summarize the concept of ″relevant public″, as it applies to the relevant legislation discussed in this paper, this paper holds that ″relevant public″ refers to consumers who are associated with the commodity and service marked by trademark, and business operators who are associated with the commodity and service intimately marked by trademark. As for the composition of ″relevant public″, this paper holds that it is mainly related to the consumers and business operators. Consumers include both real consumers and potential consumers, they also include both natural and legal persons. Business operators refer to the merchants selling the commodity and service identified by trademark, and business operators in the marketing process of said commodity and service. With respect to the delimitation factors of the ″relevant public″, this paper identifies the ″nature and characteristics of commodity and service″ and the ″regional scope covered by commodity and service″ as two core factors. The ″regional scope covered by goods and services″ refers to the regional scope actively covered or passively spread by the commodity and service in a specific time. It includes not only the physical area where the commodity and service are actually located, but also the information transmission area. The ″nature and characteristics of commodity and service″ includes but is not limited to category, purpose, price, and other factors. Finally, this paper constructs an analysis model of ″relevant public″ by using the mathematical set theory. This model applies the quantitative analysis method to identify the subset of each factor and then discusses the relationship of two subsets. In the end, this model shows the final contours of ″relevant public″ in a model case. The innovation of this paper lies in two aspects. The first aspect is the research method. This paper uses the mathematical modeling method and mathematical set theory to analyze a legal concept. This paper builds an analysis model of ″relevant public″ by applying the mathematical set theory. Using this model, this paper applies the quantitative assessment method to two core factors: the ″nature and characteristics of commodity and service″ factor and the ″regional scope covered by commodity and service″ factor. Following that application, this paper then discusses the relationship between the subsets of the two factors and the scope of their intersection. Lastly, this paper concludes with the ideal method and path to identify the ″relevant public″ scope in a specific time. The second aspect is the research conclusion. This paper discusses the essential connotation of ″relevant public″, and analyzes the composition subjects of this concept. It identifies ″relevant public″ as a legal fiction which refers to consumers who are associated with the commodity and service marked by trademark, and business operators who are associated with the commodity and service intimately marked by trademark. By summarizing typical trademark cases in China, the paper analyzes the core factors of identifying the scope of the ″relevant public″. Finally, after constructing the ″relevant public″ analysis model, the paper concludes by determining the scope of ″relevant public″in a model case, which has strong practicability.

2019 Vol. 5 (6): 103- [Abstract] ( 287 ) [HTML 1KB] [PDF 1475KB] ( 364 )
116 Yang Jun Huang Xianhai Song Xueyin
CanReduction in the Uncertainty of Tax Policy Improve the Capital Return of Enterprises?A Quasi-natural Test Based on Income Tax Sharing Reform

At present, China is pushing forward the reform of "CuttingTaxes and Fees" in order to reduce the tax burden on enterprises and boost the vitality of the real economy.However, the implementation of reform policies will be subject to great uncertainty due to the difference in the intensity of implementation, which will affect the implementation effect of the policies.Although the central government has always stressed the need to maintain the stability of macroeconomic policies, but in the past decade, many economic policies in China have been characterized by "discretionary choice", which not only exacerbated investment fluctuations, but also caused serious problems to boost business confidence.Policy uncertainty makes it difficult for enterprises to reasonably predict investment returns and costs, which leads to severe distortions in investment decisions and makes it arduous to achieve the goal of maximizing return on capital.In recent years, China's declining returns on capital has seriously hit the investment-driven growth mode. Therefore, reasonably evaluating the influence of policy uncertainty on the return on capital and its mechanismnot only helps to build the steady growth policy of return on capital, but also provides scientific guidance for the smooth proceed of the "CuttingTaxes and Fees " reform. Most studies on the impact of policy uncertainty have problems such as controversial index selection and the endogenous problem of policy impact assessment. Therefore, if there is an exogenous impact that can measure the change of policy uncertainty, the above problems can be solved.China's Income Tax Sharing reformin 2002 provided a rare quasi-natural experiment in assessing the impact of policy uncertainty.Based on the above Income Tax Sharing reform, this paper estimates the relationship between tax policy uncertainty and return on capital with the help of a relatively new measurement method—Regression Discontinuity Design, which effectively avoids endogenous problems among variables and improves the accuracy and credibility of the research conclusion.In addition, under the background of China's vigorous promotion of a new round of "CuttingTaxes and Fees " reform, different from the previous research paradigm of exploring the promotion force of return on capital based on economic factors, our research on the mechanism of improving return on capital from the perspective of tax policy uncertainty enriches relevant research. Our conclusions are as follows: First,after the implementation of the Income Tax Sharing reform in 2002, the return on capital of Chinese industrial enterprises showed a significant "leap". Reducing the uncertainty of tax policy can significantly improve the return on capital of enterprises, so the policy dividends of further deepening tax reform in China can be expected.Second, compared with state-owned enterprises and collective enterprises, private enterprises have strong liquidity and can "vote with feet" on unreasonable local policies. Therefore, the change of their return on capital is relatively less affected by the uncertainty of tax policies.Third, the impact mechanism analysis shows that the uncertainty of tax policy not only increases the tax burden of enterprises, it also erodes the foundation of stable development of enterprises—investment, leading to increased investment volatility, which is not conducive to the improvement of return on capital. Therefore, in addition to "tax reduction", tax reform in the future should also focus on the policy reform of "stable expectation", that is, the relationship between the authority boundary and the law enforcement intensity of tax enforcement should be handled well, so as to improve the certainty level of tax policy and provide tax policy guarantee for stable economic growth.

2019 Vol. 5 (6): 116- [Abstract] ( 357 ) [HTML 1KB] [PDF 1666KB] ( 400 )
131
2019 Vol. 5 (6): 131- [Abstract] ( 175 ) [HTML 1KB] [PDF 0KB] ( 18 )
132 Chen Chusheng Yan Xiaojuan Yi Changjun
Cross-Border E-Commerce, Ethnic Chinese Network, and Outward Foreign Direct Investment

In the context of globalization, the scale of outward foreign direct investment (OFDI)of China has grown rapidly. Besides the macro-institutional environment and micro-factors, the OFDI of China is also affected by the ethnic Chinese networks and cross-border e-commerce. Ethnic Chinese networks are self-organized business networks established by Chinese in the host country. Due to its locality and internationality characteristics, ethnic Chinese network has become one of the sources of the unique competitive advantages of China’s multinational enterprises in overseas operations, which have important influences on the multinational’s overseas business. Meanwhile, cross-border e-commerce emerges as a product of economic globalization and continuous advancement of mobile information technology. Researchers have made detailed studies on the influencing factors and logistics models of cross-border e-commerce. Given that international trade will promote international investment, how will cross-border e-commerce, as an emerging international trade mode, affect OFDI? Overseas subsidiaries of Chinese enterprises will naturally embed into the ethnic Chinese networks in the host countries, and then how will cross-border e-commerce affect the OFDI triggered by the ethnic Chinese networks? This study selects panel data from 103 countries that received China’s OFDI. It was implemented in two stages. In the first stage, the effects of ethnic Chinese networks on Chinese OFDI are examined, thus obtaining the coefficients of ethnic Chinese networks on OFDI. In the second stage, this study multiplies the influential factor of ethnic Chinese networks on OFDI from Chinese enterprises by the amount of OFDI from China to measure the OFDI from ethnic Chinese networks, which represents the part of the OFDI that is caused by the utility of the ethnic Chinese networks(referred to as OFDI from ethnic Chinese networks). Based on these data, this study examines the effect of cross-border e-commerce on OFDI from ethnic Chinese networks, as well as the impact of different types of cross-border e-commerce on the OFDI effects from ethnic Chinese networks. Considering the possible endogenous problem between the ethnic Chinese networks and OFDI of multinational enterprises, this study selects passport cost as the instrumental variable to reduce the endogenous concerns, verifying the robustness of the empirical results. The empirical results indicate that: (1) Ethnic Chinese networks has a significant positive effect on OFDI of China. In other words, the higher the strength of the ethnic Chinese networks, the faster the OFDI growth of Chinese multinational enterprises. (2) Cross-border e-commerce has a positive impact on the growth of OFDI from ethnic Chinese networks. For every 1% increase in the trade scale of cross-border e-commerce, OFDI from ethnic Chinese networks increases by 0.602%. (3)B2B cross-border e-commerce exerts greater impact on OFDI from ethnic Chinese networks than B2C cross-border e-commerce, and export cross-border e-commerce is more influential than import cross-border e-commerce on OFDI from ethnic Chinese networks. This study establishes a fresh framework by incorporating the cross-border e-commerce and ethnic Chinese networks into the OFDI research. Through the introduction of the OFDI from ethnic Chinese networks, this study clearly defines the OFDI effect caused by the ethnic Chinese networks, and expands the research boundary between the ethnic Chinese networks and OFDI. By examining the relationship between the cross-border e-commerce and OFDI from ethnic Chinese networks, this study also provides a new perspective for cross-border e-commerce research in the new economic era. The empirical findings provide the following practical implications: (1) The government should maintain and improve the international migration environments, and provide a good environment for the construction of interaction platforms between enterprises and emigration networks. Policy makers should further relax access conditions of cross-border e-commerce, encourage capital investment in cross-border e-commerce enterprises and guide OFDI enterprises to integrate with the emigration networks and the Internet Plus; (2)Multinational enterprises should attach importance to the communication with the emigration networks and organizations in the host country to enhance the interaction with the local mainstream society, thereby avoiding unnecessary overseas investment frictions and reducing OFDI trade costs. Multinational enterprises should strengthen the cultivation of Internet thinking, and take full advantage of the low-cost and convenient characteristics of cross-border e-commerce to maximize the effect of ethnic Chinese networks, further facilitating the continuous operation of such networks and multinational enterprises.

2019 Vol. 5 (6): 132- [Abstract] ( 367 ) [HTML 1KB] [PDF 1507KB] ( 374 )
146
2019 Vol. 5 (6): 146- [Abstract] ( 138 ) [HTML 1KB] [PDF 0KB] ( 16 )
147 Jin Xiangmu Wang Yongmei
A Strategic Approach and Roadmap for Addressing China’s ″Three Kinds of Rural Property Rights″ Issue for Migrant Farmers Settled in the City in the New Era

The ″three kinds of rural property rights″ (three rights) issue related to migrant farmers settled in the city is a major theoretical and practical concern, and addressing it is critical for the success of China’s new urbanization as well as agricultural and rural modernization. Under the philosophical concept of unity between logic and history, this paper examines the ″three rights″ issue from the perspective of integration and interaction in the logical structure of collective land ownership in rural China and the historical evolution of China’s urban-rural dual structure. The research finds that the ″three rights″ issue related to migrant farmers settled in the city occurs during the transition from an exploitation-oriented urban-rural dual structure to a new, protection-oriented dual structure. Farmers’ membership in the rural community is the foundation and essence of the ″three rights″, and the ″three rights″ are, in turn, the result and embodiment of this membership. The formulation of public policies regarding the ″three rights″ of migrant farmers should be directed by appropriate theories. At this new juncture in China’s development, in terms of the relationship between migrant farmers’ loss of membership in the rural community and the transfer of their ″three rights″, we should not cling to the principle of causality, which has been followed before and at the beginning of China’s reform and opening-up and which would render all ″three rights″ invalid whenever a farmer loses his or her membership in the community. However, we also should not completely follow the doctrine of abstraction, under which the ″three rights″ are completely independent of the farmer’s community membership. Rather, a more moderate principle of causality should be adopted. Under this approach, the principle that membership in the community underpins a farmer’s ″three rights″ is maintained; however, the ″three rights″ would continue to be retained by the farmer for an appropriate time period after he or she loses community membership. Only after it is certain that the farmer’s membership does not need to be, or should not be, reinstated should the farmer’s ″three rights″ be rescinded. Categorically rejecting the suggestion that farmers could ″exchange the right to rural land for urban resident status″ might appeal to public opinion today but may prove to be a fundamental mistake in the long run. In the future developmental stages of socialism with Chinese characteristics for a new era, the ″three rights″ issue and the policies required to address the issue should continuously evolve. Given China’s limited land resources and large population, working with migrant farmers and convincing them, in an orderly manner and when appropriate, to forego the ″three rights,″ especially the right to the contractual management of farmland and the right to use house sites, is a strategic requirement for the success of the new urbanization as well as agricultural and rural modernization. The existing policy on this issue states that, at the present stage, foregoing the ″three rights″ should not be a precondition for farmers to gain urban resident status. In this policy statement, the timeframe — ″at the present stage″ — should not be interpreted as blurred and infinite. A time period of 2011-2035 should be appropriate for this purpose. Before 2035, there is still value for migrant farmers in maintaining the ″three rights.″ After that point, this practice will no longer be justified by the new reality. As a result of the differences between the various aspects of the ″three rights,″ the approach and roadmap through which migrant farmers finally abstain from claiming the ″three rights″ will present a varied mode of association with time and space.

2019 Vol. 5 (6): 147- [Abstract] ( 300 ) [HTML 1KB] [PDF 1712KB] ( 270 )
167 Cao Xiaojuan Xu Mei Du Danning
The Legal System Construction of ″Separating Three Rights″ of Chinese Rural Homestead under the Rural Vitalization Strategy

It is an important policy instrument to re-define the three forms of property rights of rural homestead in China. In order to realize the strategy of rural vitalization, the Chinese government aims to re-identify ″three forms of property rights″ of homestead, which are the ownership of rural homestead land, right to use of rural homestead land, and the qualification right of homestead in rural areas. The rural homestead policy expects to ensure the basic living needs of rural households by confirming the homestead qualification right; meanwhile, this policy is expected to be applied as a guarantee mechanism of rural homestead in respect of real right issues, so as to improve the utilization efficiency of the homestead, collective construction land and collective land. There are wide arguments on: how to define the ″three rights″ of the homestead in China’s rural areas; how to distinguish the boundary between the ″three rights″; how to design the relevant land-management systems in China’s rural areas. The academic disputes on the above topics have been widely discussed by Chinese scholars and practitioners from different aspects, in different regions and at different levels. The material interests and yields of rural homestead are the essentials of reforms on rural homestead. In the past, the law of China only stipulated the ownership and right to the use of homestead, and it has not stipulated the right of homestead qualification. At the same time, there was no clarification of the relationship between the three rights of homestead. This resulted in conflicts of interests in rural land, among the individual, collective and state. The interest conflicts of the homestead have been found at different levels and among different stakeholder groups. The conflict of interests between individuals and collectives mainly involves the question of whether the homestead is paid rent or free-of-use, whether the use of homestead should be restricted by national laws or regulations, whether the homestead can be divided and traded in the market. The conflict between individuals mainly involves how to guarantee the villager’s qualification right, whether the heir’s qualification can be recognized by laws etc. The conflict of interests between collectives and states mainly involves problems such as the scope of the ownership, and whether the owner of collective lands should supply public services. In order to resolve conflicts of interests of rural homestead between the individual, collective and state, and clarify the relationship between three forms of property rights of rural homestead, the principle of minimizing the cost of housing land could be applied under the requirements of the rural revitalization strategy, the optimization principle of ″tertiary industry″ land allocation and the principle of maximizing the comprehensive benefit of collective land. Among them, the principle of minimizing the cost of housing land means that the rural collective should guarantee the basic housing demand of villagers with the minimum land cost. Rural collective is allowed to retain the villagers homestead, but the land had to be well-managed by village authorities through unified planning, unified construction of the security housing requested by the rural collective economic organizations in accordance of national spatial planning, their own financial conditions, land assets value, population size etc. The principle of optimization of land allocation of tertiary industry land refers to the trade, replacement and exit of the right to use rural homestead, and the optimal allocation of tertiary industry land in rural areas should be realized, according to the requirements of local or regional agricultural and rural development, and the agricultural output should be maximized with limited collective lands. The principle of maximizing the comprehensive benefit of collective land means that the relationship between rural land development and utilization should be handled on the basis of fair treatment of economic, social and environmental benefits, so as to protect the ecological environment and natural features of rural areas, promote the healthy development of rural society and realize the maximization of collective land comprehensive benefits. The reform of rural homestead should be implemented in accordance with the strategy of rural vitalization, by distinguishing the boundary between different forms of property rights. The policy instruments on homestead qualification right system, the right to use system and the ownership systems should be designed and implemented, by applying the principle of minimizing the cost of housing land, the optimization principle of land allocation of ″tertiary industry″ and the principle of maximizing the comprehensive benefit of collective land, so as to fulfill the different interests of various stakeholders in related to the rural homestead. The system of homestead qualification right should make clear the acquisition, exit and guarantee of homestead qualification right; The right to use of the homestead should include the acquisition, trade and rental; The ownership system should stipulate the management of rural collective land planning and management of rural collective land.

2019 Vol. 5 (6): 167- [Abstract] ( 326 ) [HTML 1KB] [PDF 1479KB] ( 472 )
181
2019 Vol. 5 (6): 181- [Abstract] ( 187 ) [HTML 1KB] [PDF 0KB] ( 18 )
182 Liu Zhengwei Lu Meiyan
Coching Chu's Introduction and Practice of the Tutorial System

When Coching Chu was studying for his doctoral degree at Harvard University from 1913 to 1918, Abbott Lawrence Lowell, President of Harvard University, carried out three reforms to address the disadvantages of the free elective system of Harvard University at that time. The reforms included the plan of Concentration and Distribution, the general examination and the tutorial system. The elective system had destroyed the curriculum as a race course to some degree. The reform of Concentration and Distribution and the general examination restored conditions and made it possible for students to pit their brains against one another in an intellectual competition where their performances could be appreciated and the winners could be declared, hence increasing respect for scholarship. As a necessary supplement and guarantee to the first two reforms, the tutorial system also worked as an important aid to self-education. With these measures taken, President Lowell made the Harvard of his day an exciting place in which to study or to teach, and attracted the devotion of the younger generation. In the mid-1930s, with the incessant efforts made by President Jiang Menglin, Shao Peizi, Cheng Tianfang and Guo Renyuan, the modern university system was established at National Chekiang University. On the other hand, many problems of the internal governance also existed at the University as well. In 1936, when he became the president of National Chekiang University, Coching Chu was unhappy with the situation of teachers only meeting with students at classrooms and teaching only intellectually. Chu believed the tutorial system of Harvard University could be applied to ease the situation. Soon after he took office, President Chu actively introduced the tutorial system concept of President Lowell, and made some transformation in accordance to the actual situation of the University. The implementation of the tutorial system at National Chekiang University could be mainly divided into two phases. The first phase lasted from April 1936 to February 1938, featuring exploring and trial implementation of the tutorial system. The concrete measures include teachers-students having meals together regularly, and services provided for students' studies and lives to help them to better understand their personalities and interest, thus fostering their ideals. In the trial run on the campus of the West Mt. Tianmu in 1937, the main purpose of the tutorial system was to provide professors with proper guidance for students' thoughts and behaviors, and to improve the relationship between teachers and students. The second phase lasted from March 1938 to July 1946, with full implementation and gradually improvement of the tutorial system as the characteristics. The tutorial system began to be fully implemented at National Chekiang University in Yishan, Guangxi Province. On the one hand, the reform of curriculum and teaching continued to be deepened in order to cultivate professional and well-rounded talents. On the other hand, the edification of students' personality laid more emphasis on cultivating their capacity for leadership. In 1939, although the department of discipline was established at National Chekiang University in accordance with the instructions of the Ministry of education, great efforts were made to explore and practice in line with the concept of the tutorial system of Harvard University. The tutors' duty was mainly focused in three aspects: morality, intelligence and physique, and further refined at this phase. Naturally, the tutorial system gradually perfected as Chu took lots of reform and adjustment measures on it. For example, the advices of Prof. Fei Gong were adopted. Students selected tutors instead of being assigned by the University authorities and the number of students per tutor was reduced. Students were required to make appointments with their tutors seven to eight times to get-together each semester, a group of two or three students at a time, and several groups every Sunday. At the same time, Chu kept a close watch over any changes of the tutorial system at Harvard University, and adapted timely to the actual situation as well. For instance, in 1943 industry experts were invited as tutors for students at the College of Engineering.  When it began to implement the tutorial system, National Chekiang University had to move inland frequently because of Japanese invasion. As a result, the University turned ill-equipped for studying and teaching at that time. However, with the tutorial system, etc. implemented, rigorous school spirit was cultivated and students became working harder and more earnestly. With Coching Chu's 13-year efforts, National Chekiang University was transformed into one of the best four universities in China and had made more than 3 000 senior talents.

2019 Vol. 5 (6): 182- [Abstract] ( 403 ) [HTML 1KB] [PDF 1510KB] ( 336 )
196 Shen Jian Dong Ziyun
″Truth″ and the French Modern State: Observations Based on the Medieval Construction of the Legal Image of Saint Louis

Recent French scholarship has begun to examine some of the fundamental concepts that helped to build the French modern state. In his newly edited collective work, Jean-Philippe Genet does not hesitate to call ″truth″ one of the vecteurs de l'idéel in this grand historical process, and various scholars have discussed about different aspects of the growing Foucaultian ″truth regime″ in late medieval France. It is, however, to be admitted that precedent studies did not pay much attention to how exactly this ″truth regime″ was established in the medieval French Kingdom. In fact, as we shall argue, the ideology of truth, originated from the ecclesiastical discourse of reform as a result of Gregory VII's ″papal revolution,″ was officially recognized and absorbed into the ideology of monarchical governance during the reign of Louis IX (Saint Louis) and was further amplified in the process of his canonization.  To capture the concrete path of this intellectual and institutional evolution, this article proposes to examine the legal aspect of the advent of this ″truth regime.″ Constantly seeking ″truth″ is an important element in the making of Louis IX's sanctity and constitutes the essential part of his legal image. Echoing the Church's opposition of the truth against the custom (″Dominus, Ego sum, inquit, veritas. Non dixit, Ego sum consuetudo.″) and its call for abolishing evil customs, the saintly king was portrayed by various historical sources as an earthly promoter of ideal justice and a reforming legislator who was resolute enough in his fight against the chaotic legal order. All his actions and policies drew their inspiration and legitimacy from the idea of pursuing ″truth.″ In this sense, ″truth″ is the key concept which bridges the Church ideology and its secular communication and implementation, and Saint Louis is a key figure in the building of the ruling ideology of the French modern state, as it is through him that Christian ideals were fully transplanted to the secular practice of rule and justice.  An examination of the narrative tradition concerning the saintly king confirms our argument. Starting from his virtue of humility, the biographers and hagiography writers constructed the image of a saintly king living and ruling according to the ″truth.″ Apart from his humility, Saint Louis was also said to be a man of great charity and mercy. His care for the poor was thought to guarantee that truth should not be distorted by greed in justice and it formed the essential part of his judicial policy. Under the pen of these writers, Saint Louis was also an honest king who only talked about truth and never told lies, even to his enemies. His personal virtues were thought to be extended to his practice of governance, and he was said to have governed truly, justly and saintly. The intimate connection of Saint Louis and truth is then to be found in his legislative and judicial activities. Saint Louis is constructed as an exemplary judge whose divine wisdom permitted him to surpass sheer legalism. Such construction should be understood in light of contemporary theological and legal discussions on the ways to obtain truth in justice. Apart from theoretical and intellectual developments, the age of Saint Louis witnessed major institutional developments that would lay the foundation of the judicial system of the Ancient Regime of France. It is under his reign that the activities of the Parliament of Paris were regularized, and that the king was able to extend his judicial power over major principalities. Also, under the influence of the Roman-canonical law, Saint Louis initiated systematic inquests in his realm and justified the responsibility of the king to supervise customs in the name of “truth”. He thus realized the union of the truth ideology with royal governance, and helped to lay down the moral and institutional framework of the French modern state.

2019 Vol. 5 (6): 196- [Abstract] ( 378 ) [HTML 1KB] [PDF 1510KB] ( 428 )
208 Chen Hong Huang Yongliang
Application of Data Mining in the Functional Studies of Archaeological Sites: A Case Study on Loc.1 of Wulanmulun Site

Understanding hominin behaviors is an essential goal of Palaeolithic archaeology. As places where hominins used to live, archaeological sites are vital for identifying traces of hominin activities and reconstructing hominins' life in the past. Therefore, archaeological sites have been analyzed from various perspectives, among which site structure analysis is believed to be one of the best ways. The site structure of archaeological sites is closely related to the function of artefacts found in situ, for the cluster of artefacts with similar functions indicates potential spatial differentiation of tasks. In Paleolithic archaeology, use-wear analysis has been widely used to recognize the function of artefacts used by hominins, especially lithic tools. However, notwithstanding its wide application and powerful potential, use-wear analysis can only provide function information of each piece of stone artefact, failing to tell the relationships among the assemblage. Thus, the method of data mining is introduced in this paper to fill this gap. Data mining is the process of extracting hidden and unknown information from a large amount of data. Following its previous successful applications on the study of intra-site spatial patterns of Neolithic settlements, this paper will use data mining approaches to cope with the huge amount of data acquired from use-wear analysis on lithic tools, using association rules and cluster analysis to identify the possible correlation among lithic tools. Data from the Loc. 1 of Wulanmulun sites are analyzed in this paper. Wulanmulun site is an important Middle Pleistocene archaeological site located in the northern bank of Wulanmulun River, Ordos, Inner Mongolia. After years of excavation, three locations have been found and abundant hominin remains have been uncovered, among which about 4 200 lithic tools, 3 400 fauna fossils, two fire-use remains and two animal footprint features were found in Loc.1 during the excavation from 2010 to 2011. The dating results show that the age of Wulanmulun site is 65—50 kya, and it falls into the range of Middle Palaeolithic period. Previous use-wear study on 491 lithic tools from Wulanmulun site has yielded abundant results, enabling the construction of a use-wear database. In this research, 254 lithic tools with 296 function units were used as samples. The measurement of lithic tools, including the length, width, the ratio of length to width, thickness, weight, raw material, type, layer and coordinate, as well as the use-wear data, including movement, processing materials and behaviours, are taken into consideration. After being pre-processed and standardized, all data are loaded into Python for further processing with Apriori and K-means algorithm. The Apriori algorithm is used to summarize the general characteristics of use-wear data, while the K-means algorithm aims to identify the possible function areas at the site. The conclusions of this research are as follows: (1)More than 80% of lithic tools are used for butchering, indicating that there could be a butchering area at the Loc.1 of Wulanmulun site. (2) The result of the Apriori algorithm suggests that lithic tools with similar functions are alike in the length, width, the ratio of length to width, thickness and weight, which could be the consequence of intentional selections of hominin.  (3) According to the result of the K-means algorithm, there is a special sequence at around 270cm below the ground at the Loc.1 of Wulanmulun site, where butchering activities concentrated.  This research is one of the first application of data mining in the field of Palaeolithic archaeology, displaying a great potential of this method. As a quantifying approach, data mining could process archaeological data efficiently, objectively and accurately. Therefore, it can be used as a powerful tool in future archaeological studies. For its wide application, archaeological data should be collected thoroughly during excavations, to improve the degree of the accuracy and scientificity of archaeological researches.

2019 Vol. 5 (6): 208- [Abstract] ( 302 ) [HTML 1KB] [PDF 2775KB] ( 326 )
219 Chen Zhiyong
The Rise of Bangzi Xi and the Theatrical Circle Transformation in the Prometaphase of Qing Dynasty

As a significant event in the opera history in the Qing Dynasty, the ″Huabu-Yabu Competition ″, literally competition between the vulgar school and the elegant school, has been studied by the academic circles with the focus mainly laid on the historical records in Yanlan Xiaopu, Yangzhou Huafang Lu, Xiaohan Xinyong and other books published at the end of the reign of Emperor Qianlong, while the fierce competition between the Bangzi Xi and the Kun Tune in the early Qing Dynasty has not been included, which, to some extent, obscures the historical facts of competitions between the two operas during the prometaphase of the Qing Dynasty. In fact, this competition is not only the core and major content of the ″Huabu-Yabu Competition″, but it also initiates the competitions between Kun Tune and other ″vulgar″ operas during the middle period of the Qing Dynasty.  The rise of Bangzi Xi in Shaanxi, Shanxi and other regions in the early Qing Dynasty is the result of the combination of multiple factors of time, society and regional culture. In the late Ming and early Qing Dynasties, the Yiyang Tune challenged the dominant position of Kun Qu opera, bringing about an opportunity for the rise of Bangzi Xi in the early Qing Dynasty, while in the northwest region of Qin and Jin, the unbroken and prosperous folk drama environment of the Northern Song tradition was the regional ecological environment for the rise of Bangzi Xi in the early Qing Dynasty. The inclusiveness and innovation of Bangzi Xi and its artistic characteristics of vulgar wit and humour and of the neutralization of vulgarity and elegance, is also an important reason for its ability to quickly meet the aesthetic needs of all kinds of people. In addition, the Shanxi and Shaanxi business groups and guilds distributed throughout the country play important roles in and work as a medium for the spread of Bangzi Xi. From the beginning of the Qing Dynasty, Bangzi Xi, which includes the Western Qin tune, the Qin tune and the blowing tune, was transmitted eastwards and became an important tune in Beijing, Yangzhou, Suzhou and other central cities. In the process of dissemination, Bangzi Xi either switched to the local language, or derived new tunes, forming the three-major-drama system of Bangzi tune, Blowing tune and Xipi-Erhuang tune, which completely subverted the dominant patterns of Kunqu Opera and Yiyang Qiang and, laid a stable opera map for more than two hundred years to come. Bangzi Xis transmission across the nation led to a transformation of the grassroot, of the literati and even of the aesthetic tastes of the court aristocracy, forming a new trend of ″getting tired of Kunqu opera, being fond of Bangzi Xi″. With this trend, more literati and officialdom paid attention to Bangzi Xi, who not only began to approach it, introducing it to guild hall performance, but also adapted Bangzi Qiang into Kunqu scripts. They even directly composed Bangzi Xi works and thus greatly enhanced its artistic level and social status.  The appearance of Banqiang Ti opera represented by Bangzi Xi is the grand music system transformation in the history of Chinese opera, which ended the situation that Qupai Liantao system of Song Yuan played a predominant role nationwide. The upsurge of Bangzi Xi during the early and mid Qing Dynasty is also a contest between folk opera and elite opera for cultural dominance, which finally resulted in the rotation of the northern and the southern operas. In summary, the systematic investigation of the rise of Bangzi Xi in the prometaphase of the Qing Dynasty and of its form of transmission helps re-examine the connotation of ″Huabu-Yabu Competition″ and enriches our understanding of the historical transformation in the theatrical circles of the Qing Dynasty.

2019 Vol. 5 (6): 219- [Abstract] ( 401 ) [HTML 1KB] [PDF 1442KB] ( 563 )
240
2019 Vol. 5 (6): 240- [Abstract] ( 121 ) [HTML 1KB] [PDF 1165KB] ( 404 )
JOURNAL OF ZHEJIANG UNIVERSITY

More>>  

   · CNKI
   · Wamfangdata

More>>  
Copyright  ©  2009 JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)
Support by Beijing Magtech Co.ltd   support@magtech.com.cn