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JOURNAL OF ZHEJIANG UNIVERSITY 2022 Vol.52 Number 1
2022, Vol.52 Num.1
Online: 2022-01-29

Article
 
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2022 Vol. 52 (1): 5-5 [Abstract] ( 171 ) [HTML 1KB] [PDF 271KB] ( 243 )
6 Li Shi, Chen Zongsheng, Shi Jinchuan, Liu Tongfang, He Wenjiong
A Conversation by Writing on the Theme of “Common Prosperity” Hot!
Common prosperity is an essential requirement of socialism, and an important characteristic of Chinese modernization. Since the 18th National Party Congress, the Party has placed more emphasis on gradually realizing common prosperity for everyone. It has adopted effective measures to improve the people’s wellbeing, fight against poverty and build up a moderately prosperous society in all aspects. This creates good conditions for promoting common prosperity. This journal organizes five articles to discuss the theory of common prosperity from different perspectives. Li Shi believes that the key to steadily promoting common prosperity is to “raise the low levels”, which means raising the levels of income, property, social security and public services of the bottom groups, among which the most important is to constantly improve their income level. Chen Zongsheng holds that, as the basic system of keeping public economy in a dominant position requires distribution on the basis of labor, the main road to achieving common prosperity is working hard. At the same time, the coexistence of public economy and various non-public economies is a distinctive advantage of socialism with Chinese characteristics and an important force to promote common prosperity. It is believed by Shi Jinchuan that in order to realize common prosperity the relationship between efficiency and fairness should be dealt with properly through enlarging the pie and distributing it fairly. To promote common prosperity with redistribution, the government should focus on the redistribution of the income flow and the augmentation of people’s disposable income. Liu Tongfang, from the perspective of historical materialism, believes that common prosperity is to correct injustice in the development of the productive forces and the relationship of diverse forms of ownership, and to lay a solid material foundation for the welfare of the people by vigorously unleashing and developing the productive forces. He Wenjiong, based on the three changes of social security rights and interests, i.e. from labor rights and interests to citizen rights and interests, from employers’ rights and interests to all workers’ rights and interests, from the household registered population’s rights and interest to the resident population’s rights and interests, proposes that improving the social security system is a realistic way to promote common prosperity. We hope to make an explanation on common prosperity from different perspectives through this conversation by writing in order to clarify some ambiguous understanding and to promote academic contention and progress.
2022 Vol. 52 (1): 6-21 [Abstract] ( 548 ) [HTML 1KB] [PDF 768KB] ( 528 )
22 Wu Jiebing, Qian Qianyanhui, Cheng Yuan
Coproduction and Perceived Public Service Performance: A Multi-level Analysis on Chinese Environmental Governance Hot!
Coproduction is considered to be a critical solution to the current challenges facing the public sector. However, as to the correlation between coproduction and public service, there are mixed findings in empirical research about the relationship between coproduction and perceived public service performance. Some studies emphasize that coproduction can not only reduce administrative costs but also improve service quality, and active coproducers are more likely to be satisfied with the performance of public agencies. Some scholars point out the potential costs and negative effects of coproduction, such as the conflict between public governance principles and efficiency, and the possible tension between coproduction mechanisms and public management values, making coproduction run the risks of public discontent. Other studies show no significant correlation between coproduction and public service satisfaction. Hence, further empirical research is needed to reconcile existing theoretical differences with new data and a more dynamic and holistic analytical framework.It should be noted that coproduction emphasizes the joint participation of state actors and lay actors in the delivery of public services. It implies the fact that outcomes and processes in coproduction may be the result of individual, organizational, and contextual characteristics operating at different levels. Surprisingly, little research takes these multilevel factors into consideration when assessing the impact of coproduction, mostly treating coproduction as an individual level phenomenon. To fill in this gap, we construct a multilevel analytical framework to take account of both individual-level and local government-level factors in assessing the relationship between coproduction and perceived public service performance in the environmental governance in China.Based on the CGSS 2010 data, we apply the hierarchical linear modeling (HLM) to examine the relationship between government input and citizen coproductive behaviors on the perceived performance of the environmental governance in China. The results show that individual coproductive behaviors have no significant influence on the perceived performance of public services, and local government input significantly moderates the relationship between individual coproductive behaviors and the perceived performance of public services. That is, in the case of high/low local government input, individual coproductive behaviors are positively/negatively related to the perceived performance of the central government environmental protection.These findings therefore represent potential contributions as follows: (1) This research corroborates the uncertain correlation between coproduction and public service performance evaluation, but it can be identified as a definitive effect by introducing local government inputs as an organizational-level factor, which contributes to bridging the coproduction theory debate about efficacy. (2) Positive interaction between government inputs and individual coproductive behaviors implies that government input is a necessary condition for enhancing the perceived performance of environmental governance, meanwhile revealing the reciprocal relationship between government and citizens. (3) Public evaluation of government environmental governance is mainly focused on the central government level. It echoes past researches on trust at different levels of the government and reflects the specificity of the central-territorial relationship of environmental governance in China. This finding also provides theoretical support for the central government to strengthen its supervision and control of environmental governance.
2022 Vol. 52 (1): 22-38 [Abstract] ( 272 ) [HTML 1KB] [PDF 881KB] ( 399 )
39 Zhang Bingbing, Shen Manhong
Fiscal Policies to Promote Ecological Innovation: A Literature Review Hot!
Ecological innovation is an effective carrier of the construction of ecological civilization in the new era and a basic path to achieving high-quality economic development. The concept of “ecological innovation” has been in existence around 25 years. Since the “Porter Hypothesis” was put forward, the innovative utility of fiscal policies as a market incentive means in environmental regulation has attracted extensive attention. A review of relevant literature can help find a valuable breakthrough at the research level and provide a guiding research support at the practical level.In this paper, we attempt to clarify the connotation of ecological innovation, sort out the development context of ecological innovation, and analyze the mechanism of how fiscal policies promote ecological innovation in detail. Then we summarize the performance of fiscal policies promoting ecological innovation in three aspects: single fiscal policies’ effects, policy synergy, and regional synergy. The review shows that although the definition of the connotation of ecological innovation is not unified in the literature, its role in promoting green development, circular development and low-carbon development is widely recognized. Ecological innovation has “dual externalities”, which results in the lack of motivation for ecological innovations on the part of the economic subject. Therefore, the push-pull effect of supervision and the effect of institution and policy are very important for ecological innovations. Fiscal policies are an important means to stimulate the enthusiasm for ecological innovations.Previous studies focused on the mechanism interpretation and performance evaluation of various fiscal policies promoting ecological innovation. There was a lack of in-depth discussions on the relationship among policies, such as substitution or complementarity, and more emphasis on qualitative analysis than effective quantitative analysis. In future researches, we need, firstly, to focus on the field of regional ecological innovation, clarify the relationship among governments, enterprises, consumers and other subjects, explore a hybrid mechanism for the effective integration of government mechanism and market mechanism, and solve the contradictions and conflicts between the policies issued by the central government and local governments, between local governments and departments of local governments. Secondly, expand the research on performance evaluation of fiscal policies promoting ecological innovation, build up effective performance evaluation systems, break through the “performance causal chain” of “fiscal policies→ecological innovation→ecological economy”, break the limitations of qualitative analysis in previous researches, and introduce econometric and system dynamics simulation methods to effectively evaluate practical performances. Thirdly, break through the policy setting mode of afterwards compensation in practice and the piecemeal mode of single policy application, build up a fiscal policy system to promote ecological innovation, considering the synergy among fiscal policies and among regions, and finally promote the coordinated promotion of economic development, technological innovation and ecological environment protection.
2022 Vol. 52 (1): 39-50 [Abstract] ( 362 ) [HTML 1KB] [PDF 694KB] ( 237 )
51 Fu Liqing
A Challenge to the Theory of Fraud in QR Code Cases and Demonstration on the Theory of Theft Hot!
In the cases of secretly changing the merchant’s QR code to get money, it is necessary to distinguish the victim in civil law from the victim in criminal law. The merchant is not only a victim of property loss, that is, a victim in civil law, but also a victim in criminal law. The customer neither has cognitive deviation in the normative sense, nor disposes the property based on the disposal intention. The customer is neither the cheated nor the victim.The proposition that the actor in QR code cases establishes the crime of fraud, obviously tries to expand the scope of the act of disposition in fraud. And the most important reason for the actor not to be convicted of fraud is that both the customer and the merchant lack the corresponding act of disposition. The nature of this kind of behavior to get money is not an interactive crime of mutual communication. Whether the case is understood as fraud between the two or tripartite fraud, it is difficult to confirm that implementation behavior based on disposal intention exists.Whether from the perspective of the substantiality of crime or from the perspective of the purpose of punishment, the behavior of secretly changing the merchant’s QR code to get money should be treated as a property crime rather than being recognized as not guilty. Treating the behavior that infringes the legal interests and has the necessity to be prevented as a property crime does not violate the principle of caution of penalty in criminal law, but it is more conducive to exert the function of criminal law.QR code cases are the theft against the original intention of the victim, and the object of the behavior is the property interest of the merchant’s creditor’s rights. By stealing or secretly changing the QR code, the actor only obtains the status of the creditor, and creates conditions to obtain other people’s property interests or creditor’s rights. At this time, the actor has not yet obtained the actual property interests, and there is only an abstract danger to the creditor’s rights of the merchant. By now the actor just conducts the preparation behavior. Only when the customer scans the code, the danger of infringement of creditor’s rights is specific, realistic and urgent enough, and should be substantially recognized as the implementation behavior of theft. When the actor’s account receives money, his theft is completed. At this moment, the actor not only obtains but also realizes the creditor’s rights. In the final analysis, QR code cases are the crimes of completely against the victim’s original intention rather than “self-damage” crimes. Therefore, it is necessary to recognize the “conceptualization of the property interest possession judgment” to appropriately expand the establishment scope of the crime of theft and bring such cases into the legal network of theft.Generally speaking, the theory of theft is result oriented and the theory of fraud is behavior oriented. However, it does not violate the basic logic of criminal law that criminal law must take behavior as the core to analyze the problems. Similarly, it does not “unconsciously put the focus of attention on loss compensation”. On the contrary, it just emphasizes the substantive judgment of legal interest infringement rather than formal understanding. Moreover, in judicial practice, the theory of theft also helps to tighten the criminal law network and avoid the punishment loopholes caused by the theory of fraud, which also contributes to implementing the idea of strict but not severe.
2022 Vol. 52 (1): 51-66 [Abstract] ( 239 ) [HTML 1KB] [PDF 733KB] ( 250 )
67 Zhang Shunyu, Yu Jianxing, Zhu Xinyi
The Formation Mechanism of Collaborative Governance Between Governmentand Social Organizations: An Analysis Framework for Inter-organizational Consensus Cognition Construction Hot!
Existing researches on the relationship between government and social organizations demonstrates that there have been strategic characteristics between government and social organizations cooperation. However, the fundamental condition and formation mechanisms of collaborative governance have not been clarified. The general theory of organization provides a new theoretical framework for answering the above questions, and relevant opinions can deduce the following hypotheses. Firstly, inter-organizational interaction for achieving collaborative governance objectives requires participating organizations to exert the attributes of an open system from the beginning. Secondly, the consensus cognition based on the clarity of informational perception about cooperation issues and the consistency of behavioral intentions is a necessary condition for collaborative governance actions among organizations. Thirdly, the agile adjustment and interlocking support of the normative structure and behavioral structure between cooperative organizations constitute the main content of cooperative governance actions. Finally, cooperative action will increase the uncertainty of the cooperative environment and the possibility of issue changes, thereby affecting the ultimate realization of cooperative governance goals. This paper analyzes the case of collaborative governance of Volatile Organic Compounds (VOCs) in Cangnan County (in Wenzhou City, Zhejiang Province), a typical and successful practice of collaboration between government and social organizations. The process and outcome of practice in this case fully supports the hypotheses. The conclusions of case analysis can be summarized in the following aspects. First of all, consensus cognition of cooperative issues among organizations is the basic precondition for effective collaboration. Besides, clarity of informational perception and consistency of behavioral intentions are indispensable. Next, the construction and maintenance of consensus cognition is complicated and evolving, and it requires organizations to adjust cooperative action strategies consciously according to the cognitive results formed by the organizations. Again, integration and mutual support between normative structure and behavioral structure can be the main component to achieve effectiveness of collaborative governance. Finally, order construction, intention generation, advantage integration and action adjustment between multiple subjects are the formation mechanisms for achieving good collaborative governance effects. The essence of the good collaboration between government departments and social organizations is to establish and maintain a governance community pursuing common values and goals. “Consensus and cooperation” as basic elements of the social governance community have been clearly described and defined in the effective collaborative governance process between government and social organizations. The establishment of consensus in the social governance community requires multiple stakeholders with interests to achieve a high degree of consistency in information perception and behavioral intentions based on compatible cooperation goals and smooth communication channels. Effective community collaborative governance requires multiple entities to integrate resource advantages, adjust the pace of action, respond to changing issues, and achieve tangible governance effects. The conclusions not only address the conditions and mechanisms of collaborative governance between government and social organizations clearly, but also expand the literature on the relationship between government and social organizations from the perspective of institutions and actions. Moreover, this paper further clarifies that governance community should include the composite attributes and basic significance of information exchange, knowledge sharing, emotional integration, complementary actions, and mutual value.
2022 Vol. 52 (1): 67-81 [Abstract] ( 140 ) [HTML 1KB] [PDF 854KB] ( 334 )
82 Zhang Songlun
')" href="#"> "Separation of House and Land": The Key to Homestead Transfer, Taking the Dilemma of "Inheritance of Homestead" as the Starting Point Hot!
In the right group of homestead, which right of rights can be transferred? There are a lot of arguments over this question in both academic and practical areas. It seems that the question of the inheritance of the ownership of rural house buildings on the homestead and the right to use them is imminent, although the question of market circulation (such as sale and mortgage) can still be suspended. Some scholars insist that the right to the use of homestead cannot be inherited due to its nature of social security and social welfare. But it is not true. This paper reflects and criticizes this cliche, and tries to point out that the essence of the homestead system is not based on social security, but on the economic management in the planned economy. The focus of homestead is not “every household has a residence”, but “households will have solid residences”. By determining the residence of farmers, it maintains the urban-rural dual system. Whether to restrict or to liberalize the circulation of the right of homestead does not depend on the nature of social security of the rule of homestead system.In this regard, the Ministry of Natural Resources issued a document to clarify that the ownership of rural houses on the homestead can be inherited, and determine that the use right to rural houses can be inherited by urban residents. The principle of this doctrine is the rule of integration of real estate and land. However, the integration of real estate and land aims at urban houses, and the purpose is to clarify the integrated transfer of land use right and the ownership of house. There is no such context in the homestead problem, and the law should not rashly accept the integration of real estate and land as the basic logic of homestead. In the context of rural revitalization, the development of the homestead system should be emphasized on the actual use of homestead. Therefore, taking inheritance as the starting-point to open the circulation, although taking into account custom and tradition, it is still relatively extensive and less precise: the key is to estimate whether the use of homestead is conducive to the development of collective economy and the construction of agricultural countryside, and whether the use value of homestead as land is really brought into play.For the above reasons, the author believes the ownership of rural houses and the right to the use of the homestead should be separated at the level of right. The ownership of rural houses comes from the construction of farmers at their own expense, which should be attributed to property rights, while as a management system, the right to the use of the homestead emphasizes on economic controls. Although the right to the use of the homestead is included in the usufructuary right in the civil code, it does not mean that it equals to the general property. Therefore, the two should be seen and treated completely differently. In the current situation, under the guiding ideology of “major reform must be based on the law”, it has institutional legitimacy and economic rationality to separate the ownership of rural houses on homestead from the right to the use of the homestead. In the institutional structure of house land separation, the ownership of rural houses is an inheritable property right, while the right to the use of the homestead restitutes to collective economic organizations as an “vacuum” right, and applies to the model of legal lease. The person who obtains the ownership of rural houses takes the legal lease right of homestead use right as the right basis, which can not only ensure that the use right of homestead is retained in the hands of collective economic organizations, but also realize the separation of three rights of homestead in a better way. In practice, when making a distinction, it should not address to the distinction of “inheritance” or “transaction”, but should focus on “house” and “right to use”, and ensure that collective economic organizations hold the right to use. In this way, the transaction market of rural houses (including rental and transaction) can be liberalized, while the basic instruction of the rule of homestead can be kept.
2022 Vol. 52 (1): 82-93 [Abstract] ( 190 ) [HTML 1KB] [PDF 759KB] ( 330 )
94 Mao Yansheng, He Gang
Self-awareness, Criticism and Optimization of the Paradigm of Chinese Pragmatics: Enlightenment from Emancipatory Pragmatics Hot!
Initiated by the Japanese pragmatist Sachiko Ide and others ever since 2007, Emancipatory Pragmatics is intended to break away from the shackles of theoretical systems of Western pragmatics, which provides a significant reference for the refinement and renewal of Chinese pragmatics paradigm. Therefore, it is of some disciplinary values to systematically delve into the background, structure, and operation of Emancipatory Pragmatics, which is also an important premise to conduct in-depth criticism and cultural awareness of Chinese pragmatics in the current state and future through further integrating the growing trends of pragmatics both in China and abroad. To be specific, firstly, the purpose and principle of Emancipatory Pragmatics can be regarded as a departure point of being self-aware for the paradigm of Chinese Pragmatics. Ontologically, the reflexivity of pragmatics as an extra trait is an important precondition for upgrading pragmatic theories in terms of their current states and future transformation from the perspective of Emancipatory Pragmatics. Epistemologically, pragmatics can be further stipulated into cultural and historical differences by integrating academic foci and the commitment of knowledge community. Methodologically, the consistency between Emancipatory Pragmatics and empirical social science not only helps bridge different views, but also reveals these differences as potential breakthroughs for the further development of pragmatics. Secondly, the paradigm and practice of Emancipatory Pragmatics can be taken as the focal points for the criticism of Chinese Pragmatics. According to Emancipatory Pragmatics, the classic pragmatic theory is actually the result of regionalized conceptualization, which is a world view projected through the lens of specific language and culture. Accordingly, taking “Ba (field)” as the starting point of pragmatics is vital to highlight the language use that has been underattended in the past. Through the integration between the inseparable primary Ba and the secondary Ba with an increasingly clear relationship between the two sides of communication, language users enjoy a kind of self-flexibility, which can enable the socialized subject to flexibly identify the relationship with others and get it manifested with language choice. Thirdly, the value and enlightenment of Emancipating Pragmatics can be viewed as the foci to optimize Chinese Pragmatics as a paradigm. First of all, from the perspective of Emancipating Pragmatics, the current pragmatics research as a paradigm is confronted with a historical transformation on how to secure a problem-motivated paradigm on the basis of non-Western facts of language use, which demands the theoretical construction and interpretation of pragmatics transformation with the help of language use facts in Chinese. Next, through focusing on the Eastern facts of language use, Emancipating Pragmatics is bold enough to grow out of the influence of West-centeredness as a traditional paradigm, which highlights its own pragmatics orientation embedded in culture. Last but not least, the value of Emancipating Pragmatics regarding its scientificity lies in the fact that it points out the way-out forward for Chinese pragmatics to make contributions to the global academic community based on its own localization. The above findings together give a full display of one possible path for Chinese pragmatics researchers to contribute “China’s Wisdom, Ideas and Plans” to the international pragmatics community.
2022 Vol. 52 (1): 94-103 [Abstract] ( 293 ) [HTML 1KB] [PDF 664KB] ( 245 )
104 Pan Xiaxing, Liu Haitao
Evolution Track of Chinese Poetry Writing: System, Word Class, and Information Hot!
It is generally believed that after the publication of Hu Shi’s Changshi Ji in March 1920, which is the first new poetry collection written in vernacular Chinese language, a new era was opened up in Chinese poetry writing and it ushered in the period of modern Chinese new poetry writing. Before the publication, the identity of “poetry” is not the core concern in the long history of ancient poetry production, although many changes have been undergone in poetry writing, from gushi poetry (古诗, e.g. The Book of Songs, the first poetry album in China with poems produced during the time from the 11th Century B.C. to the 6th Century B.C.) to sao poetry (骚体诗, e.g. Lisao written by Qu Yuan around 311 B.C.), to jinti poetry (近体诗, many famous poems of this type are written in the Tang Dynasty, 618-907 A.D., and the Song Dynasty, 960-1279 A.D.) and then to the xinti poetry (新体诗, a variable traditional poetry originated in the 19th Century). The emergence of the new poetry written in vernacular Chinese language since 1910s has increasingly become a hot topic for discussion. It is generally believed that the vernacular or modern Chinese new poetry writing is a practice different from that of the traditional mode, and the language system of poetry itself has undergone a relatively complete change. This is almost a radical upheaval in the history of poetry writing. Which force plays a greater role in controlling the evolution of Chinese poetry writing, the evolution of the poetic language system on the objective dimension or the artificial transformation on the subjective one?Poetry language system is a subsystem of language system with its systematic characteristics. The creation of poetry is sensitive to the intensity of information related to language units in poetry. Based on the language of poems of jinti poetry, xinti poetry and modern Chinese new poetry, and combining with the perspectives of system theory and information theory, the concept of entropy in information theory to be specific, this essay makes a study of the information of each word class in the poems from different periods and calculates it via entropy values. Four research questions are discussed: (1) What influence did the expanded information from the language of poetry system have on the evolution of the poetry language system? (2) Can this information be measured? (3) How to measure it? (4) How to evaluate the evolution characteristics of the Chinese poetry language system from the perspective of the changes in the information value of the poetry language system?The linguistic individuality of poetry is further highlighted by the favoring of one or several word classes in poems. It is the selection and control of the total amount of information carried by different word classes, manifested by the entropy value of different word classes in poems that change the systematic structure and speech mode of poetic language. The results show that: Firstly, the total value of word class entropy is generally lower than that of modern Chinese new poetry in terms of the poetic language system of jinti poetry and xinti poetry. Secondly, there is no significant change in the total word class entropy from jinti poetry to xinti poetry. Thirdly, the absolute entropy values of all content words remain stable, but their proportions are different compared with the sum of the entropy values of the rest of the word classes in the poetic language system. Fourthly, the absolute entropy of function words in the system shows completely different characteristics in ancient and modern poetic language systems.The conclusion is that, on the one hand, the poetic revolution in the later decades of the 19th Century, advocated the “revolution” of the “spirit” of poetry, paying attention to the rethinking and in-depth exploration of the content of poetry, and integrating the “new image” into the “old poetic forms”, so as to reform the writing of Chinese poetry. However, such attempts failed to change the nature of poetry creation and break the mold of modern poetry creation. The reason of the failure of the poetic revolution is that the writing of xinti poetry did not take the initiative to break through the balance of language system of modern style poetry writing. The emergence of the new vernacular poetry is the inevitable result of the “inner organizing ability” of the language system to bridge the obvious gap between the poetic language system and the real language system. On the other hand, the information capacity of new vernacular poetry writing has been greatly expanded, which is mainly completed by function words. In a nutshell, the natural evolution of poetic language system plays a more critical role in the game.
2022 Vol. 52 (1): 104-115 [Abstract] ( 515 ) [HTML 1KB] [PDF 799KB] ( 391 )
116 Wu Xiaoping
On the Integration of Bronze Ware in the Qin and Han Dynasties Hot!
In the Pre-Qin Period, bronze culture showed the form of ethnic groups, such as Huaxia, Ba-Shu, Southwest Yi, Yue and so on. The appearance of ethnic bronze ware groups is reflected in the diversity of bronze ware. How the bronze culture changed from the diversification of the Pre-Qin Dynasty to the integration of the Han Dynasty is an important content of the archaeological research of the Pre-Qin and Han Dynasties.From the Qin Dynasty to the early Han Dynasty, the integrated pattern of bronze culture was initially formed. With the unification war in the Qin and early Han Dynasties, the boundary of the distribution of bronze ware of the original ethnic groups was broken. At the beginning of the Han Dynasty, the culture of the Six States revived with the decline of the Qin power. The custom of the six eastern countries, which centered on bronze ritual vessels such as ding, he, hu and fang, became dominant and was promoted under the influence of the ruling class in the early Han Dynasty.In the middle and late Western Han Dynasty, the integrated pattern of bronze ware was established. It is mainly reflected in the combination of bronze ritual vessels centered on ding, hu and fang. In addition to Guanzhong and Guandong, it is also densely distributed in the Hubei-Hunan, Jiang-Huai, Ba-Shu and even Wuling mountain areas. In addition, many types are widely distributed and highly similar. Both ritual and practical vessels have highly similar characteristics at this stage. The emergence of this phenomenon is related to the economic policy of the Han Dynasty. Because Emperor Wudi of the Han Dynasty limited the economic activities of vassal kings and merchants, the production of bronze ware was basically controlled by the central government, so there was no great difference in the cultural style of bronze ware.After the late Western Han Dynasty, integration of bronze ware went on and the daily utensils previously influenced by local traditions gradually became unified, as is mainly reflected in the integration of bowl, bo, ou and other eating utensils, and the integration of xi and round pot. The integration at this stage was not initiated by the Central Plains, but Lingnan, and Zhuti, Tanglang in the southwestern regions.To sum up, the formation of the integrated pattern of bronze ware in the Han Dynasty went through three stages: the Qin Dynasty to the early Han Dynasty, the middle and late Western Han Dynasty, and the late Western Han Dynasty to the Eastern Han Dynasty, each stage having different connotations. In the first stage, the pattern of independent development of bronze culture of Pre-Qin ethnic groups was broken, and the integration of bronze ritual vessels of the Central Plains was initially established. In the second stage, it is mainly the formation and popularization of the integration of bronze ritual vessels in central China, while the daily utensils are diversified. In the third stage, it is mainly the integration of daily appliances. It can be seen that each stage led to different mechanisms: The first stage was mainly the unification of political territories, namely the unification of Qin and Western Han Dynasties. The second stage was mainly the bronze management policy of Emperor Wudi of the Han Dynasty, that is, the official control. The third stage was bronze production, the emergence of private workshops which led to the commercialization of products.
2022 Vol. 52 (1): 116-125 [Abstract] ( 185 ) [HTML 1KB] [PDF 710KB] ( 208 )
126 Liu Zhonghua, Jiao Jipeng
A Research on the Development Strategies of Shanghai-Style Traditional Arts and Crafts IP Resources in the Context of Culture-Tourism Integration Hot!
The integrated development of intangible cultural heritage and tourism is a new form of consumption, which can not only activate the stock of intangible cultural heritages and enrich tourism supplies but also act as a new momentum for the protection, inheritance and revitalization of intangible cultural heritages. Since 2019, the first year of the integrated development program, Shanghai has fully played its leading role in the integrated development of the Yangtze River Delta. It has displayed the profound meaning and contemporary values of its intangible cultural heritages, continuously improving the protection and inheritance system to enhance its international influence, promote the revitalization of the countryside and elevate Shanghai as a tourism city. In the post-epidemic era, it is worthy of our attention to properly handle the relationship between intangible cultural heritages and innovation, to enrich the approaches for the supply and dissemination of cultural and creative products, and to enhance the cultural meaning of tourism products and the tourism competitiveness of Shanghai and even the Yangtze River Delta. Based on the above, the author has collected information from the official platforms and public cultural service institutions such as official web portals of the Shanghai Municipal People’s Government, the Bureau of Culture and Tourism, the Intangible Cultural Heritage Network, art museums and museums in the past three years in working out specific strategies for the deep integration and development between traditional arts and crafts IP resources and tourism in four aspects: industrial integration, communication integration, service integration and spatial integration.(1) Industrial integration. Driven by innovation, Shanghai has selected and fully examined intangible cultural heritage IP resources that can be developed sustainably, and which meet market demands, to improve the quality and added value of cultural and tourism products. It has focused on establishing the first regional project regarding the culture-tourism integration named “Picturesque Jinshan”, bringing the heritages and facilities displayed in museums and art galleries into tourism products and routes. Meanwhile, it has carried out activities such as “one million people watching operas in Shanghai”, “Readable Architectures” and “Intangible Cultural Heritages in Communities” and developed various night-time consumption projects, such as night tours on the Huangpu River, visiting museums and markets of intangible cultural heritage, etc, to enhance the charm and cultural connotations of the traditional arts and crafts IP resources of Shanghai.(2) Exchange and integration. Shanghai has made better use of its rich cultural and tourism resources by opening up stores and fairs of Shanghai traditional crafts at major international festivals, competitions and meetings. It has accurately sorted out the exact needs of the consumers, put Shanghai’s traditional arts and crafts IP resources into tourism, and launched various tourism routes and international cultural exchange activities. While strengthening “bringing in” and “going out”, it has built direct selling platforms, publicity platforms and industrial clusters for high-quality tourism products in the Yangtze River Delta, to accelerate the region’s exchange and integration.(3) Service integration. In line with the requirements of providing refined, convenient and international services, Shanghai has constantly improved the layout of public cultural venues and counseling centers in scenic areas. It has been working on training better community volunteers and tour guides to provide diversified services at transportation hubs and to display the charm of the intangible cultural heritage crafts. Tow public service platforms, “Shanghai Culture Cloud” and “Shanghai Tourism”, have been chosen to improve cultural services at tourist destinations and distribution centers. In the post-epidemic era, Shanghai has successively launched a number of cloud tourism and immersive activities which allow for a closer experience of intangible cultural heritage so that visitors can understand the culture in a three-dimensional way regardless of where they are.(4) Spatial integration. Shanghai keeps enhancing its functions when putting in place pandemic prevention and control. Aiming at becoming “the first destination for leisure”, the city has comprehensively promoted the integration of tourism and culture via modern technologies and one-stop service platforms. While considering the concept of quality life promoting cultural and tourism consumption, the city, being market-oriented, has established a complete industrial ecological chain centered on Shanghai’s traditional arts and crafts IP resources. It has launched a number of new urban spaces that meet the standards of business, tourism and cultural integration, in order to explore new areas and routes for consumption on intangible cultural heritages and tourism. These measures are expected to contribute to shaping a model for invigorating city development and in-depth cooperation in integrated development of the Yangtze River Delta.
2022 Vol. 52 (1): 126-135 [Abstract] ( 203 ) [HTML 1KB] [PDF 708KB] ( 197 )
136 Li Meng, Huang Zhenyu
The Phenomenon of “Club Convergence” of the Return of Capital in Chinese Cities and Its Causes Hot!
It is of great significance to research on the return of capital of prefectures and higher level cities in China, which helps clarify such phenomena as “north-south differentiation” and “one city dominants”. Based on the data of 321 prefectures and higher level cities in China during 2000-2018, three findings are obtained through empirical researches.Firstly, the return of capital of most prefectures and higher level cities in China has declined and their features are divergent from each other. From the perspective of city level, the municipalities directly under the Central Government have the highest overall return of capital. And the return of capital have declined with the decrease of city level in recent years, which means that the prefecture level cities have the lowest overall return of capital. From the perspective of city clusters, the return of capital of Beijing-Tianjin-Hebei, the Beibu Gulf and Harbin-Changchun have declined significantly in recent years, while the return of capital of the Yangtze River Delta, Chengdu-Chongqing, the Central Plains, the Guanzhong Plains, Hu-Bao-E-Yu and other clusters have gradually stabilized. At the same time, the return of capital of the Yangtze River Delta cluster has already bottomed out and rebounded.Secondly, the δ convergence of return of capital does not occur in prefectures and higher level cities in China. However, the club convergence of the return of capital occurs among the prefectures and higher level cities in China. From the perspective of city level, the club convergence of the return of capital occurs respectively in municipalities directly under the Central Government, provincial cities, sub-provincial cities, and prefecture level cities. From the perspective of city clusters, the club convergence of the return of capital occurs respectively in Beijing-Tianjin-Hebei, the Yangtze River Delta, Chengdu-Chongqing, the Middle Reaches of the Yangtze River, the Central Plains, Hu-Bao-E-Yu and Lan-Xi, while it does not occur in Guangdong-Hong Kong-Macao, the Guanzhong Plains, Harbin-Changchun, the Beibu Gulf and other national city clusters.Thirdly, the convergence of organic composition of capital is an important reason for the convergence of the return of capital, which occurs in prefectures and higher level cities in China. The return of capital of cities can be decomposed into three factors, which are organic composition of capital, growth rate of labor force and real interest rate. Evidences of this can be found in many urban groups, such us municipalities directly under the Central Government, sub-provincial cities, provincial cities, prefecture level cities and Beijing-Tianjin-Hebei, the Yangtze River Delta, Chengdu-Chongqing, the Middle Reaches of the Yangtze River, the Central Plains, Hu-Bao-E-Yu and Lan-Xi, in which the club convergence of return of capital occurs.These findings suggest that such phenomena as “north-south differentiation” and “one city dominants” are not short-term. After all, market-oriented capital flow into the central cities and key city clusters with higher return of capital, such as municipalities directly under the Central Government, sub-provincial cities, provincial cities and the Yangtze River Delta, Guangdong-Hong Kong-Macao, and Chengdu-Chongqing. Therefore, the former regional development strategies, which aim at narrowing the gaps of regional economic development, have been replaced by the new regional development strategies, which aim at narrowing the gaps in basic public services and infrastructure among regions.These findings also indicate that cities and city clusters should be guided to develop in different ways. Therefore, it is essential to explore the fiscal and tax sharing systems and GDP accounting approaches, which are beneficial to the cross-city and cross-provincial layout of leading technology companies and major technology projects so as to balance the interests of regions, whereby it may encourage R&D centers to gather in the central cities and industrialization projects to move to neighboring cities, promoting the realization of convergence of organic composition of capital and technological progress speed hidden therein.
2022 Vol. 52 (1): 136-151 [Abstract] ( 341 ) [HTML 1KB] [PDF 1031KB] ( 262 )
152
Hot!
After the Wuchang Uprising, in order to avoid the possible embarrassing situation of losing the foothold after the success of the revolution, Kang Youwei, who advocated constitutional monarchy, wrote several articles such as “Letters to Li Yuanhong, Huang Xing, and Tang Hualong”, “On Saving the Country”, “On the Republic”, to persuade the revolutionary party to abandon the idea of overthrowing the monarchy and directly implementing parliamentary politics. In these articles, Kang Youwei emphasized that after the Qing government promulgated the “19 Major Articles of Constitution Beliefs” (hereinafter referred to as the “19 Beliefs”), China turned itself into a republic with a powerless monarch. When analyzing these articles, there is a controversial question that whether the republic with a powerless monarch was just a replica version of constitutional monarchy. This problem has not been solved so far because researchers have not paid enough attention to the writing process of Kang Youwei’s articles.Through careful analysis of the original appearances, traces of revisions of the manuscripts of “Letters to Li Yuanhong, Huang Xing, and Tang Hualong”, “On Saving the Country”, “On Republic”, and their differences between the published editions, we could basically restore the specific process of Kang Youwei’s proposal of the idea of a republic with a powerless monarch. Before October 30th, 1911, Kang Youwei drafted a letter to Li Yuanhong and others to persuade the revolutionary party to abandon the revolution in order to preserve the whole nation. On November 2nd, 3rd, and 5th, 1911, the Qing government successively announced that the constitution would be drafted by the Central Advisory Council, the “19 Beliefs” and the congress would soon convene. After this, Kang Youwei began to write “On Saving the Country” and “On the Republic”, aiming to demonstrate that China was a constitutional monarchy which was no different from a republic after the revolution, and that a republic was not suitable for China. Immediately afterwards, possibly influenced by the Japanese political scientists, Kang Youwei rewrote “Letters to Li Yuanhong, Huang Xing, and Tang Hualong”, “On Saving the Country” and “On the Republic”, to describe constitutional monarchy as a republic with a powerless monarch by using the ambiguity of the concept of the republic, to persuade the revolutionary party to stop the revolution. Related to this, the existing viewpoint about the writing time of these articles of Kang Youwei should also be adjusted.Restoring the specific process of Kang Youwei’s proposal of the theory of a republic with a powerless monarch, we can find that Kang Youwei’s lengthy discourses on a republic with a powerless monarch seemed to be full of academic principles, but in fact it was not a deliberate political design. To a large extent, it was only an expression skill and public opinion strategy to adjust to the political changes.This study also suggests that we cannot interpret Kang Youwei’s ideas and actions based on the collated version of his articles alone. If conditions permit, we should make full use of the original manuscripts, which contain various additions, deletions, and changes, to restore the complex and vivid historical events, and see how Kang Youwei’s thoughts had been adjusted and changed in response to the changing situation. In other words, while studying Kang Youwei’s thoughts, it is not appropriate to directly select fragmentary expressions for ideological deduction, which might lead to the situation that the more organized the opinion is, the farther away we are from the fact.
2022 Vol. 52 (1): 152-164 [Abstract] ( 276 ) [HTML 1KB] [PDF 827KB] ( 231 )
165 Dong Ziyun
The Construction of Lawyers’ Professional Ethics in Late Medieval France Hot!
The renaissance of legal science in the Twelfth Century gave rise to a legal profession that was to prosper in the whole Western Europe. At the same time, the renaissance also laid the foundation of lawyers’ professional ethics in the West. With the gradual establishment of Romano-canonical procedure, the lawyers’ profession began to appear everywhere in France. A compatible professional ethics became, therefore, indispensable. The French professional ethics for lawyers came directly under the influence of the ius commune, absorbing at the same time teachings on professional ethics in the Roman law and the Canon law.Based on the previous contributions of James Brundage and Jacques Krynen, it seems to us convenient to reduce major points into two basic propositions, namely, the lawyer as both “the knight and the priest,” and the lawyer as “the servant of the judge.” The former proposition concerns the essence of the lawyer, while the latter concerns the lawyer’s function in justice. They encompass virtually all sub-propositions of the lawyers’ professional ethics as developed by medieval jurists. Firstly, that the lawyer is both the knight and the priest means, on the one hand, the lawyer’s status as militia litteratoria (hence only free men in sound shape and mind could become a lawyer) who should, with his libellus, fight for justice and only take the cases that are true and just. On the other hand, it means that the lawyer, as a priest by nature, should demonstrate his charity and mercy by helping the poor and widows in their litigations, listen to their clients and be loyal to them just like their confessor, and wear black toga, the typical dress of a priest. Secondly, the lawyer as the “servant of the judge” reveals the relationship between the judge and the lawyer in justice and judgement activities. The judge being the master, the lawyer should only be his instrument that facilitates his discovery of the truth of a case. The lawyer’s role is, therefore, auxiliary. He should only propose what is true, and is prohibited to interfere with the judge’s activities by tedious and extremely lengthy pleadings. He should also be mature in his emotions and conducts, so as not to be a hindrance to the judge’s duty. There is an abundance of texts in the late medieval France that criticize and ironize the lawyers’ profession. According to them, bad lawyers reversed their relationship with the judge and became the master of the latter through their sophism and tricks, thus paralyzing the whole judicial system.Since the second half of the Thirteenth Century, the teachings of the ius commune found a place in the non-official coutumiers. And since the year of 1274, these teachings started to penetrate into royal legislations. Among them, the Ordinance of 1344 provides a synthetic regulation of lawyers’ professional ethics and code of behavior. An ordinance of 1364 makes it explicit the judge’s duty to appoint legal aid. The Ordinance of Montil-lès-Tours of 1454 defines the punishment for misconduct such as disturbing the court and frustratory dilatation. It also stresses on the duty of loyalty for the lawyers. These monuments of legislation in late medieval France were in no sense systematic, but rather promulgated on an ad hoc basis, designated to solve practical problems. But from these developments we may infer that the structure of the lawyers’ professional ethics laid down by the tradition of the ius commune saw progressively a fuller embodiment in secular legislations in the last two or three centuries of the Middle Ages, which is to culminate in the Ordinance of October, 1535.From a modern point of view, the rites and conducts required by these legislations may be contrary to the principle of equality; the punishment for the lawyer’s misbehavior may be too harsh. However, given the historical context, these regulations were meant to enforce judicial authority of the state; though they were never applied systematically, they were still the medieval responses to the needs that arose in different stages of institutional development. Besides, if we look at the contemporary codes of ethics for the lawyers’ profession in France and in Europe, it is easy to observe that some of the basic principles formed in the Middle Ages are still fundamentally relevant today.
2022 Vol. 52 (1): 165-176 [Abstract] ( 268 ) [HTML 1KB] [PDF 873KB] ( 293 )
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