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JOURNAL OF ZHEJIANG UNIVERSITY 2022 Vol.52 Number 9
2022, Vol.52 Num.9
Online: 2022-09-10

Article
 
Article
5 Qian Hongdao, Kang Lanping, Shen Hui
The Basic Principles and Practical Approach of Digital Rule of Law Hot!

The quantitative evaluation approach to the rule of law provides concrete “data” that make it no longer abstract, reforming radically the traditional research and practice model related to the rule of law. Digitization provides the technical means for quantifying the rule of law and gives birth to a new form of the rule of law, namely, the digital rule of law. The digital rule of law has three major characteristics: wisdom, precision, and efficiency. It is a leap from the development of the quantitative rule of law to the stage of digital transformation, the ongoing institutional practice, and the social space domain state. Data is the core element of the digital rule of law. The digital rule of law is an aspect of the rule of law system engineering. Big data is the soul of the digital rule of law, which creates the conditions for the theoretical paradigm and practical innovation of the quantitative rule of law. The innovation of the rule of law system engineering theory is the ontological task of the theoretical innovation of the digital rule of law, and “the practical rule of law view + the effective rule of law view + the systematic rule of law view” is the feasible path of the theoretical innovation of the digital rule of law. The application scenario of the digital rule of law provides an experimental field for the digital rule of law theory. The application of scenarios is manifested in open thinking to promote scientific and democratic legislation, precise thinking to enhance the effectiveness of law enforcement, efficient thinking to promote judicial reform, and empowerment thinking to enhance people’s sense of access to the rule of law. As a form of the quantitative rule of law expression, the rule of law index can meet the digital rule of law needs, such as the standardization of the rule of law data, the precision of data application, and the real-time risk warning. The Digital rule of law faces three major challenges: institution supply, data sharing, and data security. First, the digital rule of law needs to be built based on formal and informal institutions. The formal institution design should consider the institutional needs of policies, superior laws, special regulations, interpretative rules, regional norms, supplementary regulations, and other levels. Informal digital institutional change has to overcome the difficulties of digital conceptual disconnect. Second, to solve the data sharing problem, we need to start from three aspects: mechanism, interests, and technology. The data-sharing mechanism of the rule of law needs to set up a sharing model of “separation of powers” and establish an integrated digital rule of law platform in the province. The main goal of data sharing is to break the monopoly and seek a balance between the interests of different groups to build a coordination mechanism for data opening, establish a fair and reasonable pattern of interest distribution, and make each participating public feel the fairness and justice. Third, data security governance should be systematized, standardized and normalized. Systematization is an essential requirement of data governance and an important task in implementing the overall national security concept.Standardization is the logical extension and inevitable point of systematization and is an important basis for securing network data security. Normalization is the basic pattern of data security governance, and normalization of risk assessment is a logical extension of standardization. Systematic research on the digital rule of law is a theoretical response to the innovative practice of the rule of law in the digital era, a predictive portrayal of the new rule of law form being formed, and an academic plan based on the theoretical logic of paradigm shift and the practical logic of the rule of law system engineering.

2022 Vol. 52 (9): 5-24 [Abstract] ( 177 ) [HTML 1KB] [PDF 834KB] ( 135 )
25
A Research of the Procuratorial Organ Participating in the Substantive Resolution of Administrative Disputes Hot!

Procuratorial organ participating in the substantive resolution of administrative disputes is an extension of the legal supervision function of the procuratorial organ, and it is reflected in the combination of the parties’ legitimate exercise of disciplinary power and supervision of administrative prosecution. Based on the value goal of administrative litigation to safeguard the lawful rights and interests of administrative counterparts and supervise administrative organs to administer according to law, the procuratorial organs resolve the reasonable demands of administrative counterparts in supervising and correcting administrative violations or administrative failures in accordance with law; at the same time, procuratorial organ participating in the substantive resolution of administrative disputes has a high degree of coordination, and through active supervision in accordance with law, the procuratorial organs work together to resolve disputes and participate in social governance. So procuratorial organ participating in the substantive resolution of administrative disputes has multiple attributes of legal supervision, rights relief, alternative dispute resolution, and social governance. In judicial case handling, the principles of legality, voluntariness, efficiency, and the combination of litigation supervision and dispute resolution should be adhered to. We should also adhere to the organic combination of legal supervision and dispute resolution, respect the power of correct and effective judgments and administrative discretion, be oriented to dispute resolution, and resolve the reasonable demands of administrative counterparts in the process of legal supervision. Procuratorial organ participating in the substantive resolution of administrative disputes shall properly handle the relationship between dispute resolution and public power supervision, public interest priority and private interest relief, procedural justice and substantive interest protection, based on administrative procuratorial supervision functions, and while resolving the reasonable demands of administrative counterparts, strictly abide by the boundaries of national interests and public interest protection. Under the principle of due process, we fully consider the substantive interests of the parties and strive to settle the case. In terms of system construction, it is necessary to adhere to the positioning of legal supervision functions, follow judicial laws, respect the parties’ right to dispose of them, and scientifically define the scope of procuratorial organ participating in the substantive resolution of administrative disputes, that is, resolving disputes in the review of supervision applications, cooperating with the court to resolve disputes after protesting (retrial procuratorial suggestions), resolving disputes in administrative non-litigation enforcement supervision, docking with social governance centers to resolve disputes, intervening in administrative reconsideration and mediation in court litigation. Among them, for intervening in administrative reconsideration and court litigation mediation, it should remain modest, generally not actively intervening in pre-litigation resolution, but at the invitation of local Party committees, governments and their departments. Based on social governance, the procuratorial organs can participate in the administrative reconsideration stage to resolve the disputes; based on “trial relief first, the procuratorial supervision later”, in principle, the procuratorial organs do not participate in mediation in court litigation, but if administrative counterparts are in trouble due to late prosecution, dismissal of lawsuits, etc., in order to resolve their reasonable claims, the procuratorial organs can appropriately intervene in resolving them. Finally, in the event that one of the parties repents and refuses to perform the settlement agreement, the procuratorial organs shall handle it in accordance with the principles of litigation integrity and public order and good customs, so as to ensure the effectiveness of procuratorial mediation. At the same time, the procuratorial organs shall establish and improve mechanisms for procuratorial organ participating in the substantive resolution of administrative disputes, and clearly regulate the binding force of procuratorial mediation.

2022 Vol. 52 (9): 25-36 [Abstract] ( 173 ) [HTML 1KB] [PDF 721KB] ( 105 )
37 Xie Huiming, Ma Jie, Shen Manhong
Environmental Tax Collection, Transfer Payment Bias and Policy Combination Effect Hot!

Environmental tax is an important policy instrument for the government to solve environmental externalities. China’s environmental tax can be traced back to the resource tax in 1984 and some other environment-related taxes in the following years. On January 1, 2018, China began to formally levy an independent environmental tax. However, the tax is generally based on the principle of “tax burden shifting” to shift the fee to the tax based on the pollutant discharge fee system, and all the environmental tax is taken as the local government’s revenue according to the “Notice of the State Council on the Attribution of Environmental Protection Tax Revenue (No. 56)” issued by the State Council in 2017. In principle, environmental tax can be collected by the central, or the local governments, or both. Under different circumstances, the goal of “environmental governance” or “filling the gap” can also be realized in different ways. Meanwhile, the Chinese government has also revised and improved the “Measures for Transfer Payment from the Central to the Local Government of Key Ecological Functional Areas”, in the hope of achieving more significant environmental, economic and social performance through the combination of environmental tax and ecological transfer payment.The effectiveness of the environmental fiscal and tax policy portfolio and whether it can achieve multiple policy objectives need to be tested under the general equilibrium framework. A dynamic stochastic general equilibrium model including the environmental sector is developed to analyze the specific impacts of different governance arrangements and their combinations, mainly focusing on: (1) A single policy of vertical transfer payment; (2) Environmental tax-1: all environmental tax is taken as local income; (3) Environmental tax-2: environmental tax is shared by both the central and local governments; (4) The combination of vertical ecological transfer payment and environmental tax-2. The simulation results show that the environmental tax naturally has the function of pollution reduction and the environmental tax under the “fee to tax” translation system is not enough to make up for the fiscal gap of local governance, so the vertical ecological transfer payment is strongly recommended. Ecological transfer payment can effectively stimulate output, but its expansion bias will weaken or reverse its original intention of environmental governance, so it is necessary to highlight its green bias in the current stage. The combination of environmental tax-2 (shared situation) and vertical ecological transfer payment can maximize the total social welfare, and the “policy locking” effect is observed. Last but not least, the intensity emission reduction policy can change the environmental performance of environmental protection expenditure from negative to positive, and can considerably expand the choice set of environmental policies and their combinations.Therefore, first of all, the central government should participate in sharing the benefits brought about by the reform of the environmental tax system through certain mechanisms, and increase the central environmental protection expenditure and transfer more payments to families. Secondly, the construction of an ecological transfer payment system can have two dimensions: vertical and horizontal. Making the vertical ecological transfer payment of the central government green is an important phased task when the vertical ecological transfer payment is tended to be matched with the environmental tax. The reasonable and orderly connection between the transfer payment system of key ecologically functional areas and the ecological transfer payment system is an important direction of system reconstruction. Thirdly, given the environmental tax rate, local governments at all levels should actively look for a vertical ecological transfer payment level that is compatible with the optimal tax rate.

2022 Vol. 52 (9): 37-56 [Abstract] ( 114 ) [HTML 1KB] [PDF 2855KB] ( 117 )
57 Zhou Jiehong, Han Fei, Wei Ke, Yan Zhen
A Review on Residents’ Green Consumption Research Hot!

The United Nations Sustainable Development Goals (SDG12) and the Chinese government’s carbon peaking and carbon neutrality goals have put forward urgent requirements for promoting the transformation of green consumption. The sorting of green consumption research progress is of great significance for promoting future research and policy setting. By setting and executing a strict sorting procedure, 124 articles on the topic of green consumption were collected from 42 authoritative economic and management journals at home and abroad. On this basis, our paper reviews 3 core themes, i.e., the connotation and mode of green consumption, behavior research, and government regulatory policy design. The shortcomings of current research and the possible directions in the future are put forward thereafter.At present, research on the connotation and mode of green consumption as a whole presents a transformation from the simple to the systematic. The connotation definition gradually expands from merely green product purchase to green consumption process. Accordingly, the pattern definition of green consumption has gradually changed from consumption reduction to green re-engineering of the consumption process. The research on green consumption behavior is characterized by both theoretical research and empirical research. The analysis model of green consumption behavior has gradually changed from simple and one-way comprehensive, but there is not yet a comprehensive model that integrates the concepts of morality, green preference, and reputation to describe the decision-making mechanism of green consumption behavior in the real world. The research on green consumption government regulatory policy design aims at pointing out the advantages, disadvantages, and applicable conditions of different regulatory policy designs, and evaluating the market results of specific policy designs. However, the integration design of different regulatory policies and the welfare issues of policies still need to be explored in depth, and the research on regulatory policies under the digital economy and big data technology era needs to be broken through.The innovation and marginal contributions of this paper are reflected in the following three aspects. Firstly, articles on the topic of residential green consumption from well-known economic and management journals at home and abroad were collected and sorted in detail, and the subjects were subdivided and systematically described to depict the big picture of the research on residential green consumption. Secondly, the research on residents’ green consumption is innovatively divided into three core themes, connotation and mode, behavior research, and regulatory policy design, to cover the whole picture of research on residential green consumption. The driving forces and functional mechanism of green consumption mode transformation have been studied to provide references for policy allocation. Thirdly, we specifically proposed that, against the digital economy and big data technology era background, research directions in the future should be to construct a comprehensive, developmental behavior analysis framework, and construct a government regulatory policy box that integrates multiple sources of data, spatiotemporal characteristics, and new technological and behavioral intervention perspectives.The research outlook is that, with the development of the digital economy, future scholars investigating the green consumption of residents should focus on the following aspects. First, they could scientifically define different levels of green consumption as well as their inner logic and transformation mechanism. Second, they could construct a comprehensive analysis framework of green consumption behavior while exploring the interaction effect of internal and external factors of green consumption behavior and the mechanism of behavioral bias. Third, they could investigate green consumption regulatory policy innovation and assess the trans-temporal effect. Fourth, the researchers could also study new characteristics of green consumption behavior and regulatory toolbox in the digital economy era. The results are expected to provide a reference for academic research and policy practice in promoting the green consumption transition of urban and rural residents in China and the world.

2022 Vol. 52 (9): 57-68 [Abstract] ( 190 ) [HTML 1KB] [PDF 745KB] ( 332 )
69 Wei Lu, Li Jiarui
Government Trust through Expert Systems: How Does Media Exposure Affect Government Trust in a Major Public Health Crisis? Hot!

How do people trust government at different levels amid the Covid-19 pandemic as well as infodemic? How do media of different political nature shape public trust in government during the pandemic? What role does expert system, exemplified by professional institutions and groups, play between media exposure and government trust?These findings accentuate the critical role played by expert systems in the modern society’s trust ecology. Firstly, while trust in expert systems based on knowledge authority and trust in government based on political authority are all forms of public trust in abstract system in modern society, the former will significantly influence the latter. Secondly, although both professional groups and institutions are important parts of the expert system, people’s trust in abstract system is better embodied in its living agents. Thirdly, in addition to direct contact with expert systems, people are more dependent upon the gateway of media to form their experience of and thus their trust in expert systems.In major public health crisis, government needs to pay attention to both state media and non-state media. On the one hand, government should enhance the defining and guiding role of state media to strengthen the mainstream public opinion during the infodemic. The state, on the other hand, must reinforce its regulation of non-state media, with a special attention to misinformation and malicious speech related to medical institutions and practitioners. Moreover, policy makers need to take full advantage of expert systems in the process of crisis management, including crisis evaluation, decision making, information release and social mobilization, to achieve social integration and better governance.A national survey found (1) Public trust in central government is higher than local government during the pandemic, confirming a hierarchical order of government trust in China. (2) The more the public is exposed to Covid-19 information through state media, the higher their trust in both central and local governments, whereas non-state media exposure has no impact on government trust. (3) State media exposure influences government trust through public trust in both medical institutions and scientists, yet non-state media exposure affects government trust only through public trust in health providers, which means state media exposure can change government trust by more forms of expert trust, leading to a greater impact than non-state media exposure. (4) While public trust in scientists serves as a stronger mediator than trust in medical institutions between state media exposure and government trust, only trust in medical institutions shows a negative mediation effect between non-state media exposure and government trust.

2022 Vol. 52 (9): 69-85 [Abstract] ( 135 ) [HTML 1KB] [PDF 1250KB] ( 125 )
86 Yuan Jinghua, Deng Jie
The Travelling Theory for "Huallywood" as Seen from the Perspective of the Sociology of Knowledge Hot!

The theoretical research and discourse production in Chinese films has long suffered from the hegemonic input of the Western theoretical discourse. This is mainly reflected in the conceptual naming of Chinese films. The naming has undergone changes such as “national cinema”, “Chinese-language cinema” and “transnational Chinese cinema”, most of which are appellations imported from the West.How, then, to establish an independent theoretical discourse in Chinese films? How to own the right to interpret the identity of the Chinese film in the world’s ideological jungle? Lastly, how to achieve a balance between “national” (internal) and “global” (external)? These questions have always troubled Chinese researchers, and in consequence have brought the conceptual debate on Chinese film to the forefront of a fierce struggle concerning discourse power in this field.The concept of “Huallywood film” and the construction of its theoretical discourse system may be regarded as an attempt to reform Chinese film research, an area that has long been governed by Western theoretical discourse. It aims at forming a new concept, a new theory, and a new discourse system that have been independently named by Chinese scholars. It has attracted the attention of many scholars from China as well as other countries, embarking on a reverse “theoretical journey” from East to West. In fact, it has become a research subject of far-reaching importance.Previous studies on the achievements of Huallywood film are usually literature reviews or bibliometric analyses. They contain only the description of phenomena in reviews and lists of research results, focusing on purely domestic achievements and generally lacking any methodological breakthrough. To date, there has been no in-depth analysis based on the theoretical path taken by knowledge sociology and genealogy and no study on the international spread of the Huallywood film theory.This paper therefore makes a comprehensive and detailed theoretical study on the international communication of the Huallywood film theory for the very first time, exploring the way in which, as a native original concept and theory, Huallywood film is generated and spread globally. We adopt the “travelling theory” research perspective and the analysis path based on knowledge sociology and genealogy. It transitions from a general description of the phenomenon to an in-depth investigation of the occurrence mechanism and power source of knowledge production, innovation, and diffusion. Breakthroughs in the depth, breadth, perspective, and methodology of the literature research can be found in this paper.The research findings are as follows Huallywood film is a typical example of a theory based on the perspective of new cosmopolitanism and the theory of Huaxia Communication, connecting China to the world through academic dialogue. In its international travel, it has formed an inclusive theoretical discourse system that originated in China and is now open to the world, with its theoretical connotations being clarified and its international influence continuously expanding. Taking Huallywood film theory as an example, this paper also examines the international communication and influence of innovative Chinese academic concepts. This investigation could provide practical and enlightening ideas for its readers in the direction for the construction of Chinese film research subjectivity, thus building up a theoretical discourse system that connects China to the world. Also, this paper could hugely benefit the exploration of the international discourse power of Chinese academic studies within a highly competitive ideological jungle in the era of globalization.

2022 Vol. 52 (9): 86-103 [Abstract] ( 191 ) [HTML 1KB] [PDF 1501KB] ( 107 )
104 Huang Huaxin, Zhu Wensheng
A Study of Metaphor in Scientific Argumentation: Taking Metaphors of Synthetic Biology as an Example Hot!
Taking examples of metaphor argumentation in synthetic biology and following pragmatic argumentation theory, this study analyzes the use of metaphor in scientific argumentation. Based on an analytical reconstruction and critical evaluation of metaphorical arguments, some suggestions are proposed for how to use metaphors reasonably in scientific argumentation.In the second half of the 20th Century, with the development of metaphor research, more and more researchers began to explore metaphors in science. While acknowledging the epistemological and methodological significance of using metaphors in science, some scholars have also pointed out the possible negative impact of using metaphors in scientific research. However, these studies usually examine the meaning and impact of a single metaphorical phrase at a macro level, giving scant attention to the use of metaphors in specific scenes at a micro level, and until now there are no clarified criteria for the rationality of metaphor use in science. In fact, metaphors are often embedded in specific scientific contexts, giving rise to a complicated process of comprehension, reasoning, and transfer of ideas and emotions. In this process, the use of metaphors can have a positive or negative impact on the context. Therefore, it is meaningful to scrutinize the use of metaphors in a specific scientific scene at a micro level. As an essential part of scientific research, the use of metaphors in scientific argumentation deserves special attention.This study has sorted out the influential metaphorical expressions in synthetic biology, and selected three metaphorical arguments used in this field according to the definition of metaphorical argumentation. By removing the redundant information, adding the potential information, replacing the ambiguous expressions with the clearer ones, and reordering the statements in metaphorical arguments, we have found that using metaphors can be a necessary move in argumentation. In scientific argumentation, metaphors can be used as a material premise to provide a data basis for argumentation, as a connection premise to perform the reasoning from premise to conclusion, and also as a standpoint to show the arguer’s thinking process. However, when metaphors are used as a particular element of arguments, it is necessary to put forward certain corresponding evaluation criteria for metaphors in order to ensure the reliability of scientific argumentation. In this study we have found that when a metaphor is used as a material premise, the metaphor should be a conventional one in scientific research and should have factual authenticity in the context of argumentation, otherwise the use of metaphor is unreasonable. When a metaphor is used as a connection premise, it will produce a symptomatic relation. And the higher the similarity of factual conditions of metaphor to the attributes conveyed by its symptomatic relation is, the higher the probability of successful argument will be. And when metaphor is used as a standpoint, it is necessary to ensure that there is no challenge to the metaphor in the context of argumentation, otherwise the standpoint is unreliable.Therefore, metaphors should be used reasonably in scientific argumentation. Only when appropriately used in scientific arguments can metaphors be accepted and recognized by the scientific community and play an active role in scientific research. On the other hand, any unreasonable use of metaphors can lead to unreliable scientific argumentation, hindering the progress of scientific research.
2022 Vol. 52 (9): 104-113 [Abstract] ( 197 ) [HTML 1KB] [PDF 713KB] ( 85 )
114 Wang Qiuzhen, Ma Da, Yang Mengru, Peng Xixian, Zhu Qinghua
Neuroprivacy: A New Perspective of Information Privacy Research Hot!

In an age of digital economy with increasing technological sophistication, individuals are more aware than ever of the risks to their privacy. Not surprisingly, users’ privacy behaviors have become a global high-profile issue. Researchers in the field of Information Systems (IS) have conducted valuable explorations around the topic of users’ privacy behaviors. However, the findings are still inconclusive, which limits our understanding of users’ privacy behaviors at a deep level. With various technical advantages, social science research has increasingly adopted cognitive neuroscience methods to reveal new insights to solve dilemmas, including the ones related to information privacy. Therefore, based on the review of privacy behavior research in the high-quality IS journals and the analysis of the advantages of cognitive neuroscience methods, this article proposes a new research framework of neuroprivacy and discusses four potential research directions.First, via rigorous literature retrieval and screening, we obtain 95 articles related to users’ privacy behaviors published in the ten mainstream journals in IS field. With these articles, we analyze the development of privacy behavior research in terms of research themes, methods, and revolution information technologies. Then, we draw the core idea of dual-process theories to integrate the main theoretical lenses and key constructs discussed in these articles, by which we discuss the research status and reveal four gaps in IS privacy behavior research. Next, we depict the features of the three commonly used cognitive neuroscience tool categories: neurophysiology (e.g., eye tracking, skin conductance response, etc.), neuroimaging (e.g., EEG, fMRI, etc.), and neuroregulation (e.g., TMS, tDCS, etc.). Finally, we discuss the advantages of applying cognitive neuroscience methods to privacy research, which provides new insights for addressing the four research gaps in extant IS privacy studies.Via reviewing and analyzing prior literature and neuroscience tools, we propose a new research framework of neuroprivacy that applies the advantages of cognitive neuroscience theories and technologies to explain users’ privacy behaviors and the underlying mechanisms from the neural and physiological views. Specifically, drawing on the perspective of dual-process theories, the neuroprivacy framework includes systematic and heuristic processing as two underlying mechanisms of users’ privacy behaviors. In addition, it also takes the neural circuit activities and functional connections of trust and other complex constructs as entry points to discuss the interaction between cognition and emotion and thus synchronize systematic-heuristic dual processing mechanisms to explain users’ privacy behaviors. Based on the proposed neuroprivacy framework, we further discuss four potential future research directions of neuroprivacy: (1) objectively measure key privacy constructs and build their associations with neural activities; (2) deconstruct complex privacy behaviors from the perspective of dynamic neural activity processes; (3) explore the neural activity evidence of automatic and unconscious heuristic processing in users’ privacy behaviors; (4) integrate the two cognitive mechanisms, systematic and heuristic processing, to improve the theoretical explanation of users’ privacy behaviors.The rapid growth of cognitive neuroscience tools ushers in the forefront of information privacy research—neuroprivacy. We hope that the framework and agenda of neuroprivacy proposed in this paper can provide reference and inspiration for scholars to carry out more insightful research on neuroprivacy.

2022 Vol. 52 (9): 114-132 [Abstract] ( 149 ) [HTML 1KB] [PDF 1534KB] ( 133 )
133 Luo Changqing
Literary Perception, Acceptance, and Production in the Age of Experience Economy: Examination of the LARP Games Hotspot Phenomenon as a Case Study Hot!

Live Action Role Playing (LARP) games, also well known as Script Murder, is a social reasoning game that has recently become popular among young people in big cities. Against the backdrop of the “marginalization of literature”, LARP games stands out in the highly competitive entertainment market. Since it entails creation, script, study, and criticism, LARP games contains both literature and game attributes, however, there are not many current studies that analyze LARP games from a literary perspective. Following the transformation from industrial to the service economy, LARP games reflect the transmutation of literary perception, literary acceptance, and literary production in the context of the experience economy.From the standpoint of literary perception, LARP games strengthens the entertainment characteristics, consumption attributes, and social functions of literature. Following film-and-television literature as well as online literature, LARP games becomes a typical case of literary consumption and entertainment being strengthened. For specific players, script consumption is one-off and non-reusable, thus LARP games can be considered as a fast-moving consumer product in the cultural entertainment market. Under the trend that the emerging digital social networking is crushing the traditional live social networking, LARP games revitalizes the live social networking in the Post-Internet Era, promote offline communication among players, and relieves the loneliness as well as the anxiety of people in the digital era.From the viewpoint of literary acceptance, LARP games offers players a multi-role immersion experience. Players are not simply single readers or viewers, but a combination of readers, actors, viewers, critics, as well as a variety of other roles, thus LARP games can bring players a multi-role and role-switching experience. Live scenes, props, costumes, and music are used by LARP games to enhance the players’ sense of immersion, which eventually helps the players immerse themselves in the drama situation and the roles they are playing, creating a “player-first” immersive economy. The essence of LARP games is the experience economy with intellectual property as a core, which is a further extension following the transformation from the industrial economy to service economy with the characteristics of non-production, short period, and personalization.From the perspective of literary production, LARP games has developed a positive pattern of government attention, market operation, and player participation. Script creation comes under the category of creative writing, and script entertainment falls under cultural and creative industries, so it can enjoy the dividends of national development policies in the cultural and creative industry. The market-oriented operation methods such as capital entry, cross-field penetration, and industry chain expansion help in the development of LARP games, promote the coordinated development of the entire industry chain of upstream, midstream, and downstream while promoting the adjustment and optimization of industrial structure. The evaluation mechanism of LARP games is market-oriented, and players’ participation, experience, and feedback impact writers’ creation, publishers’ distribution, and stores’ purchase, and only works that are popular with players can receive a favorable or affirmative evaluation.As an entertaining cultural and fast-consuming product that can improve interpersonal communication, LARP games stands out against the background of the prevalence of “literary marginalization”. It has become a literary and cultural phenomenon that cannot be overlooked, with enlightening significance for writers’ creative writing and the development of creative industries. With the advent of the experience economy era, cultural as well as creative products and services will stand out in the fierce market competition. Only by supporting the concept of serving consumers and adhering to the pioneering and innovative spirit of keeping up with the times can we create cultural and creative products that are welcomed by the government, the market, and consumers.

2022 Vol. 52 (9): 133-143 [Abstract] ( 132 ) [HTML 1KB] [PDF 743KB] ( 111 )
144 Cheng Gang
Orderly and Comfort: Shao Yong’s Yi-ology and Poetics Hot!

Shao Yong was not only a poet but also a scholar of Yi-ology in the Song Dynasty. He wrote a book named Huangji Jingshi Shu about the Yi-ology. Yichuan Jirang Ji is his collection of poems. At present, on the relationship between Shao Yong’s Yi-ology and poetics, researches usually lack holistic views and pay more attention to the consistency than the differences. In fact, there is a tension between Shao Yong’s Yi-ology and his poetics, which is manifested in three levels: Firstly, from his Yi-ology thought, one of the important contributions of Shao Yong’s Yi-ology is to put forward and define the concepts of Congenital Yi-ology and Acquired Yi-ology. Acquired Yi-ology are the books of Yi-ology that were handed down, while Congenital Yi-ology is the truth of Yi-ology before it was written on paper. The distinction between them has not only the significance of time, but also the philosophical significance of essence and use. Congenital Yi-ology is the root, Acquired Yi-ology is the implementation, and the two also show the characteristic difference between the Spontaneous and the Assiduous. Secondly, Shao Yong’s thought includes two parts: theory of physics and theory of life. The theory of physics corresponds to the objective world, while the theory of life corresponds to the subjective world. The objective world observed and explained by Shao Yong shows a sense of order in which he divided everything in the world into four parts. However, for the subjective world, Shao Yong thought about how to realize the happiness and leisure of individual life in Confucianism. The Neo-Confucianism of the Song and Ming Dynasties has two personality tendencies of reverence and comfort. The Neo-Confucianism of Cheng Yi and Zhu Xi focuses on rigorousness and advocates moral heteronomy. People check themselves in this reverence and improve their personality realm. The Neo-Confucianism of Lu Jiuyuan and Wang Yangming emphasizes the freedom of the mind, advocates moral self-discipline, and cultivates human nature in a state of peace and leisure. Shao Yong not only likes to call himself an idler, a happy man and so on, but also likes to find a safe place for individual life. Shao Yong believes that the doctrine of Confucianism is not only about restraint to make people afraid, but also about freedom to make life useful and settled. Thirdly, from the perspective of Shao Yong’s poetry creation, there is a tension between the form of holism and the content of individualism. Shao Yong created some unique forms of poetry, such as the orderly form of a group of four poems that is in line with his world view, and the closed-loop form of end-to-end poetry. These forms all show the characteristics of holism, and the theme of poetry is mainly to express the personal feelings of ease and leisure. These three levels are isomorphic, because order represents the rationality of thought, ease and happiness represent literature and human sensibility. So, Shao Yong is a Neo-Confucianist who walks between rationality and sensibility, the world of thought and the world of poetry. Starting from the separation between Shao Yong’s theory of physics and theory of life, Acquired Yi-ology and Congenital Yi-ology, this paper explains the tension between his Yi-ology and poetics, the tension between the form and content of his poems, and especially the ideological roots of his unique poetic form, which have not been paid attention to by other researchers.

2022 Vol. 52 (9): 144-153 [Abstract] ( 216 ) [HTML 1KB] [PDF 910KB] ( 163 )
154 Wang Jingwen, Wang Chunye
Construction of Authorized Legislation System under the Background of Expansion of China’s Pilot Free Trade Zone Hot!

With the expansion of the pilot free trade zone, strengthening the construction of the rule of law in the pilot zone is increasingly on the agenda. The construction of the rule of law in the pilot free trade zone depends not only on national legislation, but also on the innovation of local legislation. However, on the one hand, the current local legislative power is too small to support the heavy task of the construction of the rule of law in the experimental areas, so legislative authorization must be strengthened; on the other hand, the current authorized legislation system of our country has many disadvantages, and it is difficult to adapt to the reality of the construction of the rule of law in the pilot free trade zone. The drawbacks of the delegated legislation system are as follows: only the State Council and the special economic zones are authorized subjects, and most of the pilot free trade zones are not authorized subjects, unable to obtain any legislative authorization. The authorized legislation stipulated in Article 13 of the Legislative Law only solves the problem of “breaking” but not the problem of “establishing”, and cannot provide specific legal norms for the experimental area. Therefore, it is necessary to innovate the authorized legislation system, especially to construct the authorized legislation system for the local legislature of the pilot free trade zone. The positive role of the innovative authorized legislation system lies in: firstly, for the pilot free trade zones with great differences, authorized legislation can provide them with targeted legislative norms; secondly, in view of the developed economy of the pilot free trade zone, authorized legislation can provide it with a higher level of legislative norms; thirdly, in view of the current situation of the local legislative power of the pilot free trade zone, authorized legislation is the key to solving the problem of limited local legislative authority in the experimental area. At present, it is necessary to amend the “Legislation Law” to make clear that the local legislature of the pilot free trade zone is the authorized subject, so as to lay a foundation for authorized legislation. Local legislatures of the pilot free trade zone should be allowed to adopt the model of flexible legislation to make some changes to the upper law. In addition, in order to overcome the shortcomings of the prior authorization legislation, accurate authorization can be adopted for the test area, and one area one authorization and one case one authorization can be implemented.At present, the research on the construction of the rule of law in the pilot free trade zone mostly stays in the existing framework of the Legislation Law. There are few studies on the reflection of the authorized legislative system itself, much less on the reconstruction of the authorized legislative system. This paper chooses the innovation of authorized legislative system as the entry point, and proposes that the local authorities of the pilot free trade zone should be the authorized subjects, and strengthen their precise legislative authorization. Through rigorous demonstration, this paper explores the innovation and perfection of the authorized legislation system to provide theoretical support for promoting the rapid development of the pilot free trade zone.

2022 Vol. 52 (9): 154-168 [Abstract] ( 219 ) [HTML 1KB] [PDF 959KB] ( 127 )
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