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JOURNAL OF ZHEJIANG UNIVERSITY 2022 Vol.52 Number 7
2022, Vol.52 Num.7
Online: 2022-07-10

Article
 
Article
49 Wei Bin
AI & Law: Scientific Intention, Evolutionary Logic and Trend Prospect Hot!
AI & Law as a concept differs from the general AI applications. Not being an application of “AI in law” strictly, it is instead a combination of the AI technology rationality and the formal rationality of the legal practice. It profoundly understands and follows the dictates of the legal operation. Within the framework of the rules, the theory, technology, and application of AI are introduced into the legal practice to assist legislation, trial, the administration of justice, and to replace the repetitive and inefficient legal tasks. The technical mechanism of AI & Law is the transformation from perceptual intelligence to cognitive intelligence and subsequently leads to legal decision-making. This process requires feeding big legal data and knowledge to the machine, providing theories, technologies, and methods for solutions to requirements of legal practice, rather than simple informatization and platformization. The theory and technological evolution of AI & Law indicates its evolutionary route. The theories of legal reasoning and legal argumentation constitute the theoretical source of AI & Law, forming the technical distinction between symbolism and connectionism of AI & Law.The future development of AI & Law may face new challenges at the theoretical, technical and practical levels. At the theoretical level, the deep integration of law and AI needs to be explored continuously in jurisprudence. The connectionist AI & Law also faces the ethical issues of algorithmic discrimination and inexplicability. Hence, it is imperative to formulate a new approach for the protection of privacy and personal information, and to develop rules for the operation or use of AI & Law systems. In the perspective of operational mode, the model of replacing legal personnel with AI would be overturned, and AI & Law could return to a new “human-centered” cooperative pattern. From the perspective of technology and practice, AI & Law illustrates a strong trend of integration of symbolism and connectionism. In the field of intelligent legislation, it expands applications such as intelligent legislation examination, legislation argumentation and evaluation, along with legislation drafting and prediction. In the field of intelligent justice, it conducts an in-depth research on critical technological systems, judicial knowledge graphs, automated reasoning for proofs of case facts, and several other applications.The precise scientific intention of AI & Law strengthens the foundation of the entire AI & Law research, enabling theoretical construction, technology research, and application practice to match the most basic conceptual category system. We also need to be soberly aware that AI & Law has experienced numerous challenges in development and need to be alert to the impact of cyclical changes in the development of the discipline of AI & Law. To maintain a stable and sound development trend of AI & Law research in China, it is necessary to understand the evolution of the theories and technologies of AI & Law, learn its achievements and shortcomings in historical development, and avoid mechanical repetitions of the previous paths. AI & Law research also needs to fully recognize the potential and limitations of AI, follow the laws of legislation and justice, and explore new paths for AI to empower the legal practice deeply. More importantly, it is necessary to stimulate the source of the intersection of law and AI, attract more legal and AI experts into mutually beneficial cooperation, and promote AI & Law to follow the road of interdisciplinary development.
2022 Vol. 52 (7): 49-67 [Abstract] ( 208 ) [HTML 1KB] [PDF 1281KB] ( 184 )
68 Chen Kevin, Mao Rui, Zhang Yunfei
Integrated Urban-Rural Development and Common Prosperity: Connotation, International Experience and Implementation Path Hot!
Since the 18th National Congress of the Communist Party of China, China’s economic development has entered a new stage. Under the circumstances, the goal of “Common Prosperity” has attracted more and more attention over the past several years. China’s long-term implementation of urban-biased policies led to a huge gap between urban and rural areas for a long time and hindered the realization of common prosperity. The report of the 19th National Congress of the Communist Party of China put forward a new concept of “Integrated Urban-Rural Development” to solve the problem of unbalanced development between urban and rural areas. This study points out that integrated urban-rural development is an important path to achieve the goal of common prosperity due to the huge gap between urban and rural areas. Besides, narrowing the gap between urban and rural areas in various dimensions is also the main direction of common prosperity. Firstly, the study illustrates that through integrated urban-rural development, it is possible to (1) reduce the income gap between urban and rural areas to promote the realization of common prosperity in the material dimension; (2) facilitate the equal supply of basic public services between urban and rural areas to promote the realization of common prosperity in the dimension of rights; (3) balance urban and rural development capabilities to promote the realization of common prosperity in the dimension of development opportunities; (4) coordinate the construction of urban-rural spiritual civilization to promote the realization of common prosperity in the spiritual dimension; (5) stimulate the integration between urban and rural ecological environment to promote the realization of common prosperity in the ecological dimension. In addition, after sorting out the international experience of integrated urban-rural development, the study finds that major developed countries and some emerging countries have established (1) an urban-rural economic linkage mechanism of in-depth integration and benefit sharing; (2) an urban-rural ecological environment linkage mechanism of overall planning and sustainable development; (3) an urban-rural public service linkage mechanism of urban-rural equivalent and comprehensive coverage. Aiming at the goals of common prosperity concerning farmers’ rights, industrial development, education equity and ecological value conversion, the paper combines the opinions of the experts participating in the “Integrated Urban-Rural Development and Common Prosperity” academic seminar with literature to propose seven policy paths for integrated urban-rural development: (1) promoting urban-rural economic integration by achieving equal rights to urban and rural development; (2) taking advantage of industrial clusters development model to promote urban-rural economic integration; (3) improving the income distribution system to promote urban-rural economic integration; (4) promoting the ecological integration between urban and rural areas with the realization of ecological products value; (5) facilitating the integration of urban and rural public services with the cultivation of early childhood human capital; (6) stimulating the integration of urban and rural public services with the realization of education equity; (7) advancing the integration of urban and rural public services with the development model of “inter-village integration”. The paper reveals that urban-rural integration requires further institutional reform, as well as the different varieties of policies aiming at special demands. Therefore, grassroots innovation and careful consideration of the differences across different groups and different regions could be fully guaranteed to achieve common prosperity.
2022 Vol. 52 (7): 68-78 [Abstract] ( 271 ) [HTML 1KB] [PDF 720KB] ( 257 )
79 Wang Xiaojun
Integrated Coastal Zone Management: International Experience and Practice of China Hot!
Coastal zones are the interface between land and sea. With a high degree of development, this area suffers from various challenges such as high population pressure, overuse of resources, ecological degradation and serious pollution problems. Integrated coastal zone management (ICZM), as opposed to the traditional management model segmented by different industries and administrative branches, is an adaptive, integrated, dynamic and coordinated approach, a result of the shift in our mindset toward the sea. Participated by multiple parties, ICZM is a governmental action that controls, regulates and influences the behavior of actors within the coastal area with an ultimate aim to achieve sustainable development. ICZM legislation in some countries had led to successful practices that helped balance the development and protection of coastal zones. The idea of ICZM was first put into practice by developed coastal countries since it was created in the 1930s. Later in the 1980s, the model was introduced into China and other developing countries. Based on the integration level among marine administrative bodies, ICZM can be divided into five development stages: Segmentation, Communication, Coordination, Synchronization and Integration. The first stage is characterized by the lack of communication among governmental bodies and the failure to consider the consequences of independent actions upon other institutions. In the second stage, different administrative bodies communicate with each other mainly via meetings. During the third phase, specific actions are taken to achieve interdepartmental coordination. The fourth stage witnesses a jointly drafted management plan that transcends institutional barriers and promotes cooperation. In the last stage, various government organizations work together to establish a long-term coordination mechanism to ensure the achievement of previously set objectives through the collaboration of different industrial sectors. Since the year 2000, the development of ICZM has shown new trends such as increasing emphasis on the ecosystem approach, more attention to the construction of public governance mechanisms, and the adoption of the land-sea integration principle. Since the 1990s, China has strengthened exchanges and cooperation with international organizations for marine conservation, and has accumulated valuable experience through pilot ICZM projects in its coastal areas. To further improve ICZM, China needs to increase its effort in the following aspects: accelerate legislation on ICZM and enact the Coastal Zone Management Act; establish a long-term interdepartmental coordination mechanism at the national level; follow the principle of land-sea integration, and re-plan the industrial development and layout on land fully considering its impact on the sea so as to achieve balanced movement and allocation of resources between sea and land; adopt the ecosystem approach, establish an ecosystem-based, integrated marine management system as well as a supervision and evaluation system, and promote marine management and restoration.This paper is innovative in the following aspects. Firstly, it draws on the experiences of developed countries and analyzes the development trends of ICZM including greater emphases on the application of the ecosystem approach, the participation of multiple parities in building public governance mechanisms, and the integration of land and sea. Secondly, based on the analysis of the pilot projects in Xiamen, Fujian Province, Beibu Gulf in the South China Sea and regions around the Bohai Sea (including Shandong, Liaoning and Hebei Provinces and Tianjin municipality), the paper proposes suggestions covering legislation, establishment of coordination mechanisms and land-sea integration to improve ICZM in China.
2022 Vol. 52 (7): 79-89 [Abstract] ( 267 ) [HTML 1KB] [PDF 853KB] ( 127 )
90 Yu Xin
The Original and Development of Lamp Divination: A Study on the Turfan Document Ch 1634 in the Berlin Collection Hot!
The lamp divination is a type of miscellaneous divination in the ancient Chinese numerology system. It is based on the signs of the lamp: shining or looming, twinkling or extinguishing of the light, the shapes of flames, snuffs and ashes, to predict the abundance or poor harvest of the year, rain or shine, good or ill luck, the fate and the lifespan. The origin of the lamp divination can be traced back to the Han Dynasty. From the Tang and Song Dynasties, the lamp divination used for telling fortunes of distant travelers has become a great theme expressed in poems. The famous poetry and literature are very popular, and the magical art itself has been buried in history. The unearthed documents give us a glimpse into the mystery of the lamp divination, and provide a new landscape for repainting the world image of fangshu.The fragmented document Ch 1634 excavated in Turfan is now kept at the collection of Staatsbibliothek zu Berlin. It analyzes the textual structure and specific techniques of “the method of lamp divination for auspicious and inauspicious”, restores and verifies the lamp divination in the Tang Dynasty, which has been obscured in history for a long time. It is a kind of “Zhouyi-miscellaneous divination” that combines the divination of number, miscellaneous, yin-yang and five elements, and prediction of a person’s fate and luck according to the state of the corresponding lamp on the rotating lamp wheel. The efficacies of the divination originated from the belief in Medicine Buddha, and the ritual and instrument borrowed from the Buddhist lamp wheel. The structure of the lamp wheel is to install the wheel-shaped discs layer by layer with the central column as the axis. The wheel diameter is gradually indented, and the entire lamp is in the shape of a conical spire, like the phase wheel and spire of a stupa. The method of obtaining a number or a group of numbers by the state of the lamp can be regarded as an application of numerology. From the technical principle of divination, this method of obtaining lucky and ominous numbers by rotating the lamp wheel is similar to the modern roulette to a certain extent. “Homology of divination and gambling” has once again been perfectly interpreted here.After the Song Dynasty, the method of lamp divination gradually developed into observing the flames and snuffs to divine the weather or good or ill luck of conduct. Although The Divination of Lamp Snuffs came out relatively late, it has homology with the rhetoric of Dunhuang documents in terminology and practice, indicating that the knowledge and technical structure inherited the pedigree of the Tang Dynasty. During the Yuan and Ming Dynasties, it entered the Taoist lamp ceremony and became a part of Taoist art.The analysis of manuscript culture and the text and image of the omen of the lamp in the Manichaean divination document M556 written in middle Persian confirmed that the use of the lamp wheel for divination, and at the same time reveal that this divination practice was also circulated in the Turfan Manichean group in the Tang Dynasty. It is very likely that the scribe of Ch 1634 was a Sogdian Manichaean who was very interested in Chinese divination, or studied for religious purpose, but still kept the Sogdian writing habit and was not familiar with Chinese writing.There were copper lamps specially made for the lamp divination and were brought to Japan in the Song Dynasty. Onmyōdō texts compiled in the 15th Century and encyclopedias of everyday life published in the Edo Period and even Meiji Period, demonstrate that it was descended and transformed in Japan for almost a thousand years. Newly discovered translations of lamp snuff divination in different languages show it was also widespread in Tibet, Mongolia, Kalmykia, and other regions.The rediscovery of lamp divination not only helps to reconstruct the long-duration, multi-dimensional cultural history of Chinese numerology, but also provides new thinking for understanding the role of the Silk Road in the process of human history from the perspective of knowledge and belief.
2022 Vol. 52 (7): 90-105 [Abstract] ( 222 ) [HTML 1KB] [PDF 4875KB] ( 147 )
106 Long Chengsong
Literature of Central Asians on the Tang Poetry Road in Eastern Zhejiang: On the Connection Between the Tang Poetry Road and the Silk Road in Eastern Zhejiang Hot!
As an academic concept, the Tang Poetry Road in Eastern Zhejiang has been put forward for more than 30 years, but in recent years, it has just become a hot topic in literature research of the Tang Dynasty. The previous studies mainly focus on exemplary poets and compositions from Eastern Zhejiang, following the traditional methods of studying poets’ traveling traces, acquaintances and their poems’ contents and styles, with less attention from the perspective of Sino-foreign transportation and ethnic relations. As a matter of fact, Eastern Zhejiang is not only a famous scene in the southeast of the Tang Empire, but also has close ties with the land and marine Silk Road. Regional culture is open and diversified, so the Tang Poetry Road in Eastern Zhejiang is also full of gorgeous foreign elements. Since the Han Dynasty, the Eastern Zhejiang region has attracted the active foreign people along the Silk Road with its unique geographical location and natural environment. During the Six Dynasties period, monks and merchants from Central Asia left many romantic stories and historical relics in Eastern Zhejiang. In the Tang Dynasty, the foreign monks from Central Asia were still widely distributed in the Eastern Zhejiang. Apart from spreading Buddhism, their communication with native scholars became remarkable, which jointly promoted the prosperity of the Buddhist culture in Eastern Zhejiang. As the main production area of silk, porcelain, tea and other domestic and international trade goods, Eastern Zhejiang has excellent land and water transportation, and its economic status increased gradually in the Tang Dynasty, and became the economic lifeline of the empire in the middle and late Tang Dynasty. Such commercial status also attracted foreign merchants from Central Asia who were peddling on the commercial network of the Silk Road. Except the monks and merchants, local officials at all levels also included many foreign people from Central Asia. Some of them, though with only scarce occupational experience, have left popular legends. Some of them, such as Kang Xixian and his family, who settled down in Kuaiji County, became quite influential local elites. In addition, there were many literati with Central Asian descent who came here to take refuge, visit, live in seclusion and settled down because of the natural landscape, cultural atmosphere and social environment. Some of them were quite famous writers in the literary circle of the Tang Dynasty, such as Rong Yu. These literati with foreign descents add special “Hu Sound” to the literary circle of Eastern Zhejiang through their literary creation. In brief, the Tang Poetry Road in the Eastern Zhejiang is not a closed road, nor is it just a poetry road. It also connects the land and marine Silk Road and other Tang Poetry Roads nationwide. The communication between Hu and Han, including poetry, ancient books, religion and commerce, jointly created the open, diversified and integrated cultural characteristics of the Tang Poetry Road in the Eastern Zhejiang. The connection between the Tang Poetry Road in the Eastern Zhejiang and the Silk Road is a key step to open up the whole Tang Poetry Road, and also a field that can be explored in future researches. In order to improve the Tang Poetry Road in Eastern Zhejiang, and further enrich the academic connotation, it is necessary to draw on the rich achievements accumulated in the literature research of Tang Dynasty. It is also necessary to pay attention to the latest research achievements in the fields of Chinese and foreign transportation, silk history and culture, as well as new archaeological discoveries and unearthed documents and historical materials, so as to realize the integration of multi-disciplines and multi-field studies.
2022 Vol. 52 (7): 106-117 [Abstract] ( 95 ) [HTML 1KB] [PDF 1800KB] ( 103 )
118 Li Chonghui, Liao Beishui
Collective Argumentation and Its Recent Development Hot!
For the same scenario, when without interaction, different agents may have different sets of knowledge about the scenario and reach different conclusions. For example, in the 2020 U.S. presidential election, let’s assume there is a committee consisting of four experts with different backgrounds. They may have their individual observations and understandings towards the natural language arguments and the relations between pairs of arguments, which are presented by two candidates in the presidential debate. Their observations can be represented as different sets of knowledge. Moreover, in the case of non-interaction, four experts are required to reason with the knowledge independently. In terms of formal argumentation, the main research questions of collective argumentation are as follows. How to represent different observations and understandings of different agents towards arguments and the relations between them? How to represent the uncertainties of agents’ beliefs and their individual preferences? How to obtain a collective reasoning outcome to reflect the consensus of the group by aggregating individual reasoning processes and outcomes? How to justify whether the collective outcome is equipped with certain social rationalities with a couple of postulates? With these questions in mind, it is clear that as an emerging research area, the concepts, theories and methodologies of collective argumentation are far from mature.On the basis of existing theories of formal argumentation, this paper divides the existing literature of collective argumentation into two lines of work. We elaborate the main theories and methods on both lines, illustrating their characteristics and drawbacks. In the first line of work, namely the research based on abstract argumentation frameworks, there are two directions: framework merging and semantic aggregation. Framework merging is an operation which first merges individual frameworks with a certain procedure and then computes the semantics of the resulting collective framework(s) to obtain the collective reasoning outcome. Meanwhile, semantic aggregation is an operation which according to a certain rule obtains the collective reasoning outcome directly from individual reasoning outcomes. The difference between these two directions lies in that for the former both knowledge representation and reasoning chain leading to the outcome are available at the collective level, while for the latter only the reasoning outcome is accessible. We adopt Dunne’s axiomatic system to evaluate most of the methods introduced in both lines. The result shows that different methods are equipped with different social rationalities which diverge with each other on the condition that different postulates are satisfied.The second line of work of collective argumentation involves the research on extended argumentation frameworks, such as preference-based argumentation frameworks and probabilistic argumentation frameworks, which include degrees of beliefs and individual preferences into argumentation frameworks. Correspondingly, one may define them as preference-based collective argumentation and probabilistic collective argumentation. Currently, the research in this line is relatively rare and there is no systematic study. For instance, when the properties of a model are studied, degrees of beliefs and individual preferences are usually given in advance and enforced with strong restrictions. Further, no axiomatic system for the evaluation has been investigated.This paper clarifies some important concepts and the scopes of their usages when we investigate and categorize the theories and methods in the existing literature of collective argumentation, which makes the boundary of this research area clearer. Meanwhile, we propose some future work of this area based on the comparison of some existing theories and methods, as well as the analysis on their characteristics and drawbacks. The theories and approaches of collective argumentation can be widely applied to various areas of the field of artificial intelligence, such as smart court, on-line democracy, market prediction, opinion mining, etc.
2022 Vol. 52 (7): 118-137 [Abstract] ( 218 ) [HTML 1KB] [PDF 2245KB] ( 185 )
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