2019, Vol. 32 No.1
Publication date: 25 January 2019
Forty years on, normative theory of law in China has been kept on expanding both the broadness and depth of its research themes, and awakes gradually in consciousness of methodology. On the dimension of concept of law and basic legal concepts, studies on the nature of law began in dispute over class division and succession about law, but fused into the debate between natural law and legal positivism step by step, while the research on various basic legal concepts, especially on "rights", is keeping on deeper. As to legal methodology, there emerges such a feature that the translation went ahead. Scholars in jurisprudence have involved in every branch of methodological studies, and cooperated mutually while published intensively at the meantime. In the domain of legal ethics, authors concentrate on such topics as rule of law, the source of law-abeyance and the legal enforcement of morality. The first signs of interests on philosophy of department law have just showed. The problem of legal science manifested itself clearly in dispute between School of "Law and Social Science" on one hand, and School of "Legal Dogmatics" on the other, which produces lots of divergences in model of adjudication and legal thinking. Finally, the rise of analytical method shows the "path through skills"-nature of normative theory of law, and the direction of future development.
The history of contemporary Chinese jurisprudence is shaped by jurisprudence scholars of different intellectual preference, so there is no only right definition and knowledge system of jurisprudence. It appears not only in jurisprudence curriculum and teaching system but also in jurisprudence studies. In recent years, law and social sciences have sprung up and stood with legal dogmatics. Meanwhile, we also need to strengthen teaching and studies of Marxism jurisprudence.
The Law in social theory is the study of law from the perspective of social theory. It comes from the absorption and study of social theory by a group of historic jurists in China after the reform and opening up. It has the characteristics of macroscopic investigation of law phenomena from two dimensions of space and time. The law in social theory, combined with the Chinese context, has gradually formed the awareness of five core issues. They are the modernity of law, the globalization of law, the cross-civilization comparison and dialogue of law, the function and significance of law and the freedom and liberation of human beings.
Public participation plays an important role in the process of combating corruption. In countries with high integrity, it is normal for the public to participate effectively in combating corruption. In the past 40 years of reform and opening-up, Chinese people's participation in anti-corruption has experienced four modes:"less opportunities, stronger willingness", "less opportunities, weaker willingness", "medium opportunities, weaker willingness", "medium opportunities and medium willingness". In future, we should promote people's participation in anti-corruption in the following aspects:strengthening propaganda and encouraging people to participate in anti-corruption in various ways; improving the reporting system to create more opportunities for people to participate in anti-corruption; enhancing the effectiveness of anti-corruption work; strengthening education and guidance to reduce people's tolerance of corruption.
The understanding and application of the concept of corruption is related to the strategic deployment and concrete implementation of anti-corruption. Over the years, various social circles have interpreted the concept of corruption from different perspectives, resulting in some theoretical confusion and practical disagreement. In order to concentrate the firepower and highlight the key points and win the overwhelming victory in the anti-corruption struggle, it is suggested to define corruption in a narrow sense and limit power corruption to the scope of public power. Distinguish corruption from unhealthy trend. Scientifically define the connotation and denotation of passive corruption. The focus of anti-corruption is to abuse power and seek private interests, and to crack down on abuse of power for personal gain.
Although the inspection system has played a significant role in anti-corruption after the 18th Party Congress, the anti-corruption effectiveness of the inspection system needs to be further developed in the perspective of long-term development. The inspection system itself has yet to be further refined. The behavior of institutional-related persons needs to be further regulated. The factors like the study of the inspection system theory, political system, information asymmetry and the motivation and ability of the system executors will all affect and restrict the anti-corruption effectiveness of the inspection system. The ways to enhance the effectiveness of the inspection system are the following:Breaking through the difficult problem of "linear supervision" with the hypothesis of "circular supervision"; Finely optimize the inspection system to solve the problems of executor's motivation and ability; Further standardize the behavior of institutional-related persons; Using internet information technology to solve the problem of information asymmetry in inspection work.
As globalization, marketization and urbanization are progressing rapidly, modern industrial society has stepped into a fresh development phase. With its achievement, science and technology is bringing humans more well-being and plenty of uncontrolled risks and crises as well. More and more Not-In-My-Backyard conflicts caused by the environmental hazards around the world tend to occur much more commonly. The thesis chooses the Ningbo PX affair as the case to trace the social background, concrete reasons and probable harms of Not-In-My-Backyard conflicts, and then based on the results we could analyze the exiting defects of local government in the process of handling Not-In-My-Backyard conflicts so that we could put forward some useful solutions to Not-In-My-Backyard conflicts with the view of their precaution and resolution.
This article studies emergency material depository layout optimization, which plays an important role in urban emergency rescue. First, considering that the road condition has an important impact on the effect of emergency rescue, the concept of road damage risk factor is introduced in this article to build satisfaction attenuation function based on the thought of demand satisfaction decreasing within the coverage radius. Second, on account of the supply ability limitation of emergency material depository and the dynamic process of emergency rescue, this article proposes a dynamic multiple coverage model of urban emergency material depository from the perspective of supply and demand and time dimension. Using an improved immune optimization algorithm, the objective of this model is to maximize the total demand satisfaction and minimize the total distribution distance. Third, the validity of the model and algorithm is verified by numerical examples to provide advice for decision makers of the emergency material depository layout optimization.
According to the nineteen proposed the new requirements of "firmly grasp the ideological work of leadership", to the "cohesion and leading force" as the standard, based on the relationship between public opinion dissemination and evolution of the credibility construction, compared it to analyze the problems and the countermeasures, has become the current public opinion enhance crisis management ability and strengthen the major reality the issue of credibility construction. By applying the long tail effect to the construction of theoretical analysis framework and the guidance of management practice, we can find that there are a series of problems in the process of public opinion crisis management. Countermeasures of public opinion crisis management ability and enhance the long tail credibility construction based on the concept of public opinion mainly lies in promoting innovation in multi-dimensional analysis, based on responsibility and service consciousness transformation response, as well as around information publishing and media literacy to promote effective communication between the government, the media and the public.
The ecological dimension is one of the inherent and essential dimensions of the philosophy of Daizhen, whereas it is hitherto neglected by the academia. The ecological philosophy of Daizhen is featured by its philosophical construction in four dimensions, namely "the transformation and movement of Qi, life and growth of nature" as ecological ontology, "Ren being the virtue of life and growth" as ecological morality, "purifying desires by empathy" as theory of practice and "assisting the virtue of Heaven and Earth" as theory of spiritual sphere. The research of the ecological philosophy of Daizhen is of vital importance for the further study of Daizhen philosophy as well as the Confucianism ecological philosophy.
Landscape painting is the most successful and influential representative of traditional Chinese painting. Its pattern, aesthetic implication, philosophical spirit and many other characteristics play an important role in the history of Chinese art and even the world art history. The paper analyzes the philosophical implications of landscape painting from the space-time pattern transformation from "natural landscape" to "artistic landscape", and the ecological structure of "harmony between nature and human" in landscape aesthetics. It holds that the unique aesthetic system of the traditional landscape painting emphasize the dialectical unity of situational aesthetics, mood aesthetics and charm aesthetics. Based on the analysis of the philosophical implications of landscape painting, the paper makes a preliminary discussion on the connotation of landscape spirit from the philosophical point of view, and puts forward the landscape spirit ideas of the true of "the unity of nature and man", the good of "the unity of knowledge and practice", and the beautiful of "the unity of emotion and scenery", which will certainly promote Chinese landscape painting from the tradition to the future and create a more brilliant artistic spirit echo.
Innovation environment could provide motivation and physical surroundings for firms' independent innovation and collaborative innovation. This paper divides innovation environment into technology environment, marketing environment and policy environment and analyzes the relationship between innovation environment and innovation performance theoretically. Then the paper verifies the hypothesis taking the new generation of information and technology industry as an example. The results indicate that technological environmental turbulence, market environmental turbulence and policy support can influence the innovation performance in a positive and direct way. Besides, the moderating effect of policy support in the relationship between market environmental turbulence and independent innovation performance is statistically significant.
In the context of sustainable development, the eco-efficiency of China tourism industry is analyzed by using the traditional DEA model; an enhanced DEA model is proposed, and eco-efficiency is decomposed into economic efficiency and environmental efficiency. To depict the influence of the traffic condition on eco-efficiency, the evaluation model based on non-discretionary factors is proposed. In addition, the proposed methods are applied to analyze the characteristics of eco-efficiency, economic efficiency and environmental efficiency of China tourism industry in 1991-2010. The empirical study has shown:The enhanced model has higher efficiency in discriminating power than the traditional DEA model. The eco-efficiency and environmental efficiency have a similar variation trend in 1991-2010. The eco-efficiency of China tourism industry is mainly affected by the environmental efficiency. In 1991-2010, the eco-efficiency of China tourism industry has a wave-like increasing tendency and is developing in a zigzag manner. In 1991-2010, China tourism industry has taken full advantage of rail and road resources.
By setting 12 types of food traceability information, a survey was conducted on the consumer information demand as well as the preference of the way to pick up information. Through the Principal Component Analysis and Multinomial Logit Model Analysis, the main factors that affect consumer preference are discussed. The results of the study show that forewarning information, including picking/slaughter date, source, traceability certification label, and quality and safety information, including pesticide/veterinary drug use, fertilizer/feed use and selective examination reports, are the main information consumers need. Age, education level, marital status, family income, food safety awareness and regional factors have significant impacts on consumer information preferences. Consumers prefer scanning code through mobile APP to get information to other ways and age, marital status, family structure, and family income are the main factors.
The soft law in outer space is the non-legally-binding outer space law that contains actual executive effect. It cannot be categorized as treaty or custom, and it is usually resolution or declaration of international organizations and conferences. With the development of various space activities, the evolution of soft law in outer space can be divided into four main phrases with their own historical characteristics. Completing the legal regime of outer space law, the outer space soft law has boosted the development of treaty and custom in outer space law, and it is also the complementary regulation when no treaty or custom can be applied.
With the wide use of unmanned aircraft systems (UAS), the U.S. has gradually formulated a series of rules concerning UAS regulation, and continuously adapted such rules to the development of UAS activities and its regulation demands. In recent years, the U.S. proposed a number of new acts, formulated extensive regulations and documents regarding UAS, in order to specify the rules regarding UAS. This reflected the new trends and development of the U.S. civil UAS legislation, including to establish specific air traffic control body for UAS, improve UAS registration and pilot regulation, strengthen the operation permit and operational rules for UA, detail UAS classification, strengthen privacy protection and so on. The legal regulation of UAS in China lags behind the application of UAS and the development of the industry. The UAS rules and regulation mode in the U.S., as well as the principles of integrating UAS into the national airspace system and ensuring aviation safety while taking into account industrial benefits, can be of inspiration for improving the regulatory regime of UAS in China.
In the past few years, the aerospace industry of China enjoyed rapid development, yet the legislation concerning aerospace activities was rather lagged. As a special administrative licensing, aerospace activity licensing system is an important part of the legislation of aerospace activities. Its establishment is necessary for China's fulfillment of international treaties, reduction of fiscal expenditures and promotion of the development of aerospace commercialization. Aerospace activity licensing includes production and scientific research licensing, civilian launching licensing and export licensing. Currently, such problems as low level of law, legal vacancy, poor operability of licensing procedures and others exist in the licensing system. In terms of legislation, it is suggested that we should clarify the competent authorities and objects of licensing, expand the scope of licensing, specifying licensing procedures and improve the foresight of law.
The transmedial narrativity of DeLillo's postmodern fictional and filmed Cosmopolis achieves the somatic narration via its dialogic characters/roles as somatic signs in them, with its unnatural narrative attributes presented before its audience, implied audience and viewers and implied viewers in the possible world:a limousine. Thus its configured archetypes, identity or its void, somatic narration and progression cognitively and even its adaptological fidelity as well as the essentials of narrative, semiotics and adaptology have been staged.
Doctoral education is the main concern for governments around the world. By interpreting 2015 UKCGE report, this paper has summarized UK doctoral education diversity from the aspects of sources of students, cultivation modes and professional management. The reasons of the diversity of UK doctoral education are analyzed; the tendency of UK doctoral education can be concluded in the following four aspects:coexistence of complexity and multi-structures, university-industry collaboration, influence of Brexit and pressure of international doctoral education multipolarity. The inspirations for Chinese doctoral education reform and innovation are the training mode, development of professional doctorate, doctoral professional management and doctoral employment.
Universities have become important fronts for publicizing core socialist values and positive standpoints against the background of the time when the government is promoting news media convergence, innovation and development. Therefore, it is of great significance to analyze the current situation of the development of traditional media and new media on campus, and search for a practical approach to a long-term mechanism. Universities should make positive interactions between advanced information technology and advanced culture on the basis of "media convergence", creating a new pattern of development of Internet culture from four aspects, namely, production convergence, communication convergence, management convergence, and service convergence.
As the first project after the implementation of national science and technology program reform, National Key R&D Program has experienced a complete process from application to project support, and the performance of universities in the application deserves attention by all universities. Support overview of the first-round National Key R&D Program is introduced. Suggestions on the implementation of National Key R&D Program are presented for universities through analyzing project characteristics, and it is suggested that universities should enhance the ability to undertake major national strategic tasks from the following aspects, aiming at the national major strategic objectives, deepening industry-university-research cooperation, cultivating major projects seeds and reserving key technology.
In recent years, with the economic development of our country and changes of international situation, our country raises new requirements for the development of the National Defense Universities (NDU). So those universities need to develop their functions of entrepreneurial universities. The authors designed the comprehensive evaluation system. On this basis, the principal component influencing the roles of the NDU was identified, and the empirical research on the function performance of the NDU was carried out. Finally, the conclusion was made:the major contributing factors of teaching, research and social services are the total number of undergraduates and high-level talents, licensed patents and S&T awards, as well as technology transfers.