2022, Vol. 35 No.1
Publication date: 25 January 2022
Based on the rediscussion of the relationship between labor and wealth accumulation, Marx’s criticism aimed at Programme of the German Workers’ Party in his article "Criticism of the Gotha Programme". This paper reveals that to discuss labor in terms of value implies a capitalist socio-historical context, and breaks the inherent "universality of the value theory" among Lassalleans, thus highlights the wrong views of Lassalleanism on such issues as wage law and construction of socialist society. The principle of "distributive justice" fails to shake the foundation of the ownership of means of production, so the essential determination of its "justice" is only the "justice" demanded by capitalist society. Marx’s identification has realistic significance in revealing the essence of current British and American political philosophy.
Starting from the connotation of Marx’s theory of fairness and justice, and based on the study of socialist practice such as social revolution, land reform, socialist transformation and social welfare system in the early days of the People’s Republic of China, this paper maintains that Marx’s fairness and justice,whose primary requisition is to guarantee the ownership of property is the primary value of the system design for the People’s Republic of China. This requisition laid a series of institutional foundations for socialism with Chinese characteristics. The principle of fairness priority makes the socialist thought of fairness and justice deeply root in the hearts of the people, creates a good institutional environment for future reform and market economy, and forms the logical starting point of self-confidence in the socialist system with Chinese characteristics today.
In the age of rapid development of technology, the massive amount of information on the Internet gives users more browsing options. However, algorithms, based on big data, which canse a series of negative consequences of one-sided unliberated phenomena in people’s social life, have plunged users into the "information cocoons" during their browsing time. According to Marx’s theory on the universal liberation of human beings, and based on the analysis of the causes of "information cocoons", this paper observes the problems of unequal information dissemination and loss of social stickiness caused by "information cocoons", and puts forward the liberation path. In today’s era when people are increasingly dependent on technology, this paper puts forward the importance and thinking of value rationality, and also some suggestions that Marxist theory should be actively supplemented in the process of breaking the shackles of "information cocoons".
The unclarity of data attributes and utilization rules in the current law makes the Anti-Unfair Competition Law of the People’s Republic of China play a mainstay role in the adjudication of data dispute cases between equal market subjects, and pushes the rules created in practice further refined in the Regulations on the Prohibition of Online Unfair Competition Acts (Draft for Comments) and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China (Draft for Comments). Although the existing judicial practice has made some exploration on protecting the rights and interests of enterprise data and promoting the flow of public data, it should further combine the characteristics and benefits of data, which is, it not only fully protect the legitimate rights and interests of data controllers, but also promote the orderly flow of data. In data competition disputes, the judiciary should transform from the right infringement judgment paradigm to the behavior legitimacy judgment paradigm, pay attention to the consumer welfare and technological innovation behind the case, and actively explore the applicable data portability, so as to actively guide the judiciary to form a fair and orderly data industry standard.
The "rights" argument surrounding the right of personal information presents a complex aspect because of the ambiguity in the cognition of the structure of legal rights. The rights of personal information originate from the constitution and manifests as the "right to protect personal information" under the basic rights, which has the dual nature of subjective rights and objective law; when extends to the field of private law, it manifests itself as the rights of personal information. The relevant clauses of "rights" in objective law are often used as tools rather than ends which should be distinguished from subjective rights, and understood and applied in conjunction with the overall legal order. The fourth chapter of China’s Personal Information Protection Law should be interpreted as a procedural right clause in conjunction with legislative purposes, and should be limited to personal information processing activities and processing relations to achieve a balance of multi-party interests. There is room for the objective law clauses of "the right to know and the right to make decisions" to be further interpreted and,developed after the smelting of tort law.
The right to privacy and the right to personal information protection are totally different kind of rights: communicative action draws the boundary of private and public, while information processing behavior is the core of regulating personal information. The former is based on civility rules and requires participants to be equal and voluntary, while the latter relies on fair information practice principles, which aims at the power imbalance between the processors and the information subjects. However, there is a long-term interconnection between these two concepts. That is why the first version of fair information practice principles follows the right protection mode. The right protection path defaults that information processing behavior is legal and legitimate as long as it meets the fair practice standards, which avoids the debate on the good and evil of information processing itself. In order to achieve substantive justice, we should abandon the right-based protection mechanism such as privacy protection, which focuses on giving more rights to information subjects, and replace it with the protection mechanism centered on restricting the data power and algorithm power of information processors. The effect of power constraints can be achieved through three mechanisms: power restriction, power confrontation and integrity guidance.
The Harvard standard of brain death has been used as a routine standard of diagnosing death. Through tracing and analyzing the historical context and dynamics of defining brain death, the selection of the members of Harvard Ad Hoc Committee Brain Death, including their specific roles and underlying interest conflicts involved in organ transplantation, it is found that,as a product of medicalization and de-medicalization, the Harvard standard of brain and death represents the tension between medical humanities, medical professional and the public, as well as scientific medicine, social and culture forces.
Ethical review of biomedical research is an important procedure and key point in the construction of ethics governance of science and technology. However, there are problems in the quality of ethical review of biomedical research in China. The core factors which affect the quality of ethical review, include the ignorance of the nature of ethical review being made the moral judgment on the protocol, lack of understanding of the independence of ethical review, the focus of the ethical review being shifted, lack of the capacity of ethical review, the possible conflicts of interest not strictly reviewed, and lack of vigilance at the "ethical dumping". The study of the factors can provide preliminary analysis regarding how to improve the quality of ethical review of biomedical research and promote the mechanism of ethics governance.
To solve the problem of the unclear basis for identification of research misconduct, three aspects of the basis are summarized as scientific norms, subjective motives and harmful consequences.The specific connotations of the three aspects are discussed, i.e., unique norms and universal norms; honest mistakes, negligence and deliberateness; harm to the knowledge system, reward system and society. Based on this, it is believed that scientific norms, black box characteristics of motivation, and vague judgment standards for harm are the main reasons for the controversy of the identification of research misconduct. The process of the identification of research misconduct is proposed with a specific explanation of the non-repeatable phenomenon. The identification of research misconduct should be led by small peers to ensure objectivity and be transparent to achieve fairness; local standards should be set to show suitability.
After "Closing Tide" in 2019, the basic operation problems of government social media, such as poor accounts and slow update, were corrected in time. However, the underlying problems and dilemmas have never been further clarified yet. Based on 16 in-depth interviews, this paper establishes a four-level analysis frame, such as content productive procedure, operation supports, endogenous reflection and innovative dilemmas, to interpret main problems of government social media. When we promote the development of government social media, clarifying objectives is primarily significant for a further status of official accounts. With a balance between standardized and individualized operation, to comprehensively optimize the content productive procedure, and to increase investment and human resource will improve the quality of government social media in future.
With the rapid growth of the scale of short video users, the user information sharing behavior has become the focus of academic circles and society. It is of great significance to explore the influence factors of user information sharing behavior, so as to improve the communication power of short videos. Based on the Stimulus-Organism-Response (S-O-R) model, combined with the D&M theory and the Use and Gratification (U&G)theory, an empirical research model for information sharing behaviors of the Communist Youth League government short video users is constructed. In the model, the user satisfaction is used as an intermediary variable. Data are collected through questionnaires, and the hypothesis is tested using the structural equation model. Results show that performance of the information system and the user satisfaction can promote the users’ information sharing behavior. Among them, user satisfaction plays an intermediary role in the influence of information system performance on the information sharing behavior. Therefore, in the follow-up construction of government short videos, it is necessary to build an ecological network environment, promote the whole process of service supply and enhance the construction of interactive content.
With the increase of the use of Artificial Intelligence (AI) products in daily life, risks associated with the use of these products are increasing, and thus the corresponding risk management strategy is becoming an important topic in the digital era. As one of the popular AI products, the smart speaker is widely used in consumer’ families. Three types of risks are associated with the use of smart speakers: content risk, privacy risk and financial risk, which needs to be regulated from the perspectives of individual digital literacy, industrial self-discipline and government policy.
Based on the quarterly data of 17 countries from 1999 to 2018, this paper constructs a dynamic fixed effect panel model of the impact of tourism price on inbound tourists, and studies the differences of the impact of tourism price on inbound tourism consumption in different countries. The results show that the actual relative price and the actual substitute price have significant negative effects on the inbound tourists, and the negative effect of the relative price is stronger. At the same time, the stability of domestic price level plays an important role in the number of inbound tourists. Compared with Southeast Asian countries, and the three countries closed to China, EU countries have more stable and rational preferences for China’s inbound tourism consumption. A 1% increase in the openness of a country will bring 0.8% increase in the number of inbound tourists, but the openness of the source country will lead to the diversion of inbound tourists. Among the global financial crisis, SARS and terrorist attacks, SARS has the greatest negative impact on inbound tourists.
“Reserve flight” is a characteristic system in the civil aviation field. Whether the reserve time consumed by the flight crew according to the airline's instruction should be fully included in the working time is controversial theoretically and practically. This kind of problem is also a typical difficult problem in working time law. According to the analysis of the difference of the degrees of restraint during the waiting course, the reserve time of air crew members should be identified as the standby time according to the labor law. For the protection of workers' basic labor rights and interests, the whole standby period should be taken as the working time. Considering the intensity of labor during the standby period is less than normal active labor, the standby time wage should be less, but not less than the minimum wage standard. The parties shall negotiate and settle the matter in accordance with the legal principle of wage payment, and the principle of legality, willingness and fairness. It is also appropriate to offer different payment based on degrees of restraint and duty of care of workers in different standby situations.
It is necessary and important to protect the intellectual property (IP) of the satellite navigation signal system (SNSS). Choosing a suitable strategy and mode for IP protection of the BeiDou SNSS is essential for the future development of the system. The SNSS includes all kinds of devices, codes and methods, which may meet the requirements of the patent object and obtain patent protection after the patent approval procedure. However, concerning the patentability of the navigation signal itself, there are great differences in legislation and practice in different countries. This paper discusses the IP protection mode for the SNSS, and analyzes different IP protection strategies in the US and Europe. It is suggested that based on the value orientations of the Beidou SNSS, China should draw lessons from the experience of the US and Europe, clarify the patentability of satellite navigation signals, and adopt relatively loose IP protection strategies, so as to enhance the competitiveness of the Beidou SNSS and promote the development of related industries.
The continuous advancement of the "Belt and Road" initiative in Africa and the extension of the "Belt and Road" space information corridor to Africa have provided an important opportunity for the further development of China-Africa space trade. China-Africa space trade has developed from a one-way trade to a co-construction and joint research trade stage. Patent authorization and licensing in technology transfer and the complexity of ownership relations brought about by the participation of multiple entities in space trade have made it urgently needed to develop a sound system of intellectual property protection. The European and American patent blockades against China and African countries in the space sector have made it the only way to strengthen China-Africa bilateral direct cooperation and build a space trade intellectual property protection mechanism that applies to both China and Africa. On the basis of existing space-related intellectual property legislation in China and African countries, we should improve the special regulations for the protection of space intellectual property rights, protect the intellectual property rights of private entities in the space trade, and clarify the scope and conditions for the exercise of state intervention rights. At the same time, we should directly regulate the protection of intellectual property rights in space trade in bilateral trade agreements, strengthen open multilateral negotiations with members of the African regional intellectual property organization under the framework of regional intellectual property organizations, and use the advantages of regional integration of intellectual property organizations to build the multilateral mechanism for space intellectual property protection.
Removal of defunct spacecraft involves not only complex technical problems, but also many legal problems, which are needed to be examined under international law. The determination of the legal status of the defunct spacecraft is the premise of clarification of the relationship between the rights and obligations in removal of the defunct spacecraft. The defunct spacecraft belong to the category of space debris and space objects. The state of registration or the launching state is the legal subject of the removal of the defunct spacecraft, and the non-launching state may also remove the defunct spacecraft under certain conditions. Although the Space Debris Mitigation Guidelines have provided regulation for the removal of defunct spacecraft, they are not legally binding. Therefore, removal of defunct spacecraft is non-mandatory.
2021 is the first year of China’s 14th Five-Year Plan to build a powerful country in education. Under the new requirements of the new era, how to build a world-class undergraduate course has aroused a heated discussion in Chinese universities. Based on the reform of the course entitled "Fundamentals for Space Data Analysis", we investigate how to identify the elements of ideological and political education in the first-class aerospace courses and how to promote the level, innovation and challenging degrees of the courses. When introducing the professional features of the course and the history of aerospace development, the patriotic dedication and innovation of "Two Bombs and One Star" scientists is naturally integrated into the teaching objectives of the course and the whole teaching process, so as to achieve the ideological and political education in the courses. Students’ ability to process and analyze the data of space exploration is enhanced in the supporting experiments of the research course. A new teaching mode of "semi-flipped classroom" is practiced for the first time in the teaching of the course. The "semi-flipped classroom" can greatly improve students’ learning efficiency, and enhance teacher-student and student-student communications.
Biomedical engineering includes many research directions, and many related courses are not yet mature, which restricts to a certain extent the cultivation of first-class medical-engineering talents in China. The present paper introduces the exploration and practice of the course team in the construction of medical-engineering courses in the past years from three aspects: training of medical-engineering thinking mode, referring to and remodeling of foreign high quality courses, and ideological and political education in the courses. Specifically, centered on clinical problems, the research-based teaching is conducted, and students are instructed to actively analyze and solve clinical problems from an engineering perspective, so as to cultivate students’ medical-engineering thinking mode. Foreign high-quality courses are absorbed and reconstructed according to "Golden Course" standards and the current status of the medical industry in China. The Chinese elements in the curriculum are excavated. Based on "Healthy China" and other major national strategies of biosafety, the ideological and political education is carried out naturally in the course.
There exist in the experiment teaching of mechanical manufacturing basis the following problems, such as less class hours for experiment teaching, limited number of laboratories for use, out of synchrony between experimental classes and theoretical classes, shallow understanding of the experiment by students, etc. In view of this situation, a systematic "online + offline" mode for experiment teaching is designed in terms of production of structured micro-course, online platform construction, and offline support. How to realize this teaching mode is also analyzed. The teaching practice shows that this mode can not only balance the advantages of traditional teaching and online teaching, but also solve existing problems. The experiment time becomes flexible and the experiment content is extended, effectively stimulating students' interest and initiative in learning, instructing students to internalize knowledge, and improving the quality of experiment teaching.