ISSN 1008-2204
CN 11-3979/C

Online First

Online first articles have been peer-reviewed and accepted, which are not yet assigned to volumes/issues, but are citable by Digital Object Identifier (DOI).
Abstract:

The International Lunar Research Station (ILRS) Partner Guidelines and the Artemis Accords constitute integral components of China's inaugural lunar landing program and the United States' lunar return initiative, respectively. Comparing these frameworks from the perspective of outer space resource, exploration and utilization aids in clarifying the relationship between them and provides valuable reference points for advancing China's lunar exploration and utilization endeavors. Building upon a review of their historical context and a textual analysis, this study focuses on assessing their respective impacts on the evolution of rules governing outer space resource exploration and utilization. The research finds that the former does not intend to alter established outer space legal rules and order, while the latter demonstrates a more apparent intent to guide the development of relevant rules, albeit with limited impact. Against the backdrop of a volatile international landscape, China's space program must continue to prioritize technological advancement. This includes expediting the establishment of the International Lunar Research Station and conducting lunar and deep space exploration activities in strict accordance with current space law. Concurrently, it remains imperative that close monitoring and accurate assessment of international regulatory developments concerning the exploration and utilization of outer space resources.

Abstract:

Against the backdrop of rapid development in commercial manned spaceflight, the scientific construction of a launch licensing regime has become a crucial mechanism for regulating development and ensuring safety. Currently, China's commercial manned spaceflight licensing system lags behind practical needs, lacking a unified and systematic legal framework. Core legal issues include overly stringent procedures, non-differentiated licensing conditions, and an inadequate supervisory mechanism. By analyzing the evolution of the U.S. commercial manned spaceflight licensing regime—from a laissez-faire approach to a more refined and risk-based regulation—this study identifies key institutional features such as crew classification, informed consent, and tripartite responsibility sharing. Drawing on these insights and grounded in China's regulatory realities, it is proposed to reform a stepwise and risk-oriented regulatory model involving institutional reform, streamline approval procedures, task- and personnel-based license differentiation, and improve mechanisms for oversight and responsibility allocation.

Abstract:

The 2015 U.S. Commercial Space Launch Competitiveness Act explicitly established U.S. citizen's property rights towards mineral resources in celestial bodies, which started a new chapter in the evolution of space mining regime. In comparison to the slow progress within UN Committee on Peaceful Uses of Outer Space, states and non-state actors have gradually promoted the plural development of national legislation and unofficial rules. There emerges the need for a holistic and dynamic reflection on the value orientation and approaches of this recent round of evolution, which is of utmost importance for the improvement of space mining regime and contribution to the formulation of China’s proposal. During the last decade, the evolution of space mining regime has emphasized on granting and protecting the ownership to mineral resources in celestial bodies to ensure freedom to mining and maintaining benefit sharing and environment protection obligations within the vague, outdated principles under Outer Space Treaty. The biased value orientation under free market ideology and devolutive democracy under hegemony promoted the legality of first-come, first serve space mining, which is not in conformity with the global common nature of outer space and the internationalist tone of international space law. The corresponding approaches to rectify this deviation are reshaping the political climate of equity development, strengthening the democratic governing structure through the UN, and relying on framework convention to reconcile the binary opposition of treaty and non-binding rules.

Abstract:

The year 2025 marks not only the revision of the National Emergency Plan but also the transition from the "14th Five-year" period to the "15th Five-year" period. Emergency Plan ("Yingjiyu'an" in Chinese) and "Five-year" Emergency Management Plan ("Yingjiguihua" in Chinese) represent two distinct yet critical policy instruments in the modernization of emergency management systems and capabilities. Rooted in the foundational function of preventing potential risks before they materialize, these two documents exhibit interactive linkages at the textual level while demonstrating distinct characteristics due to their differing institutional foundations. In response to the contemporary imperative of Ensuring both Development and Security to achieve high-level safety, Emergency Plan emphasizes governance functions that reinforce security through conceptual frameworks, institutional mechanisms, and management safeguards. Conversely, "Five-year" Emergency Management Plan focuses on governance functions that expand security through development initiatives, guided by goal orientation, critical projects planning, and resource integration. To enhance holistic synergy, their coordination must prioritize integration as a key mechanism, grounded in practical implementation. The two need to strengthen the overall balancing as the key starting point, based on practice, leverage their respective strengths, deepen the overall coordination, and play the due governance effectiveness.

Abstract:

In the digital age, the collusion between capital and aligit is invading people's social lives and causing a series of practical problems. In this context, foreign left-wing scholars have critically examined the domination and exploitation of digital capitalism, proposing alternative digital socialist solutions such as "communicative socialism/digital socialism," "platform socialism," "algorithmic socialism," and "digital post capitalism", forming different types of digital socialist theories. These theories attempt to return to the discourse system of Marxism in the digital age, and some of their requirements reflect the value proposition of scientific socialism in a sense, as well as express the reasonable demands of the foreign left for a society without exploitation. However, digital socialism has not proposed fundamental changes to capitalist production relations, nor has it found the correct methods and approaches to achieving socialism. It is difficult to form a powerful social movement and political force, and it has not advanced towards the complete liberation of people. Therefore, the essence of digital socialism is democratic socialism, instead of scientific socialism.

Abstract:

The development and utilization of space resources is a matter of particular significance in the realm of outer space law, with benefit-sharing representing a pivotal element of this discourse. Existing outer space law contains gaps in terms of benefit-sharing in space resource activities. The relevant international conventions provide only general principles, the content of which is ambiguous. "Soft law" documents can only provide recommended measures. Some countries attempt to dominate the development of international rules through legislation and other national practices. It is therefore imperative to formulate international rules on space resources under the framework of the United Nations. In order to establish rules on benefit-sharing for space resources activities, it is necessary to clarify the extent of sharing, the subject, the object and other key elements. It is argued that the extent of benefit-sharing should be based on the "principle of equity", with particular consideration for the interests of developing countries and investor countries, and with a focus on maintaining intergenerational equity. Based on the principle of the "common interest", the beneficiary subjects should encompass all humankind, and the obligated subjects should comprise the countries and private entities that have participated in the investment. The objects of benefit-sharing may encompass financial resources, information, and capacity-building initiatives. The development of different sharing mechanisms for diverse objects, drawing upon the experience in areas such as seabed areas and biodiversity, is recommended.

Abstract:

In the ongoing battle against information network crimes, China has developed a comprehensive governance model for such crimes. This model encompasses concepts like "addressing both the symptoms and root causes, with an emphasis on prevention," a three-tier governance framework centered on information network crimes, a collaborative governance structure involving multiple parties, and a diversified, comprehensive governance mechanism that covers the entire chain and lifecycle. The comprehensive governance of information network crimes represents a valuable experience explored by China's criminal justice practice, combining the needs of crime governance with the country's specific circumstances. The formation of this governance model is grounded in practical, institutional, and necessity-based foundations. Currently, the comprehensive governance of information network crimes still faces several challenges, such as deficiencies in achieving the goal of crime prevention, the incomplete formation of a multi-party collaborative governance structure, and risks of infringing upon the legitimate rights and interests of the parties involved and the general public. To enhance the comprehensive governance model for information network crimes, improvements should be made in terms of governance concepts, governance structures, and specific governance mechanisms.

Abstract:

Xi Jinping's important expositions on fairness and justice are major theoretical innovation achievements that deeply summarize the practical laws of China's justice construction and inherit the essence of China's excellent traditional justice thought and culture. In terms of theoretical characteristics, this important statement emphasizes the inheritance and development of ideological context in the historical evolution, adheres to the value orientation of people-oriented and shared, and maintains the problem-oriented approach of distinctiveness and reality. In terms of practical dimension, this important statement profoundly answers the major practical issues of social fairness and justice construction in the new era, takes strengthening institutional construction as the top-level design, takes ensuring and improving people's livelihood as the goal guidance, and takes promoting high-quality economic development as the basic guarantee, to promote the realization of fairness and justice in society. In terms of value implications, this important statement not only provides theoretical guidance for the Sinicization and modernization of Marxist thought on fairness and justice, but also provides a solid guarantee for consolidating the ruling position of the Communist Party of China, and contributes Chinese wisdom to the realization of fairness and justice in human society.

Abstract:

The United Nations Convention against Cybercrime stipulates two types of technical investigation measures: real-time collection of traffic data and interception of content data. It differentiates between real-time investigation measures and retrospective investigation measures, content data and traffic data, as well as law enforcement agencies and network service providers, reflecting the characteristics of differentiated regulation. However, China's technical investigation provisions exhibit the features of general regulation in terms of substantive scope, data types, and procedural requirements, violating the requirements of the principle of proportionality. In this regard, it is necessary to align domestic technical investigation provisions with the norms of the Convention. Firstly, "technical investigation measures" should be revised to "covert investigation measures" and distinguished from other investigation measures. Secondly, content data and traffic data should be used as data classification rules, and sensitive personal information and general personal information as data grading rules. Thirdly, high-intervention technical investigation measures and low-intervention technical investigation measures should be distinguished, and different procedural requirements should be matched accordingly.

Abstract:

Local governments inevitably face potential failures in disaster management practices. These failures not only threaten public safety and property but also pose significant risks to governmental trust. Rebuilding trust in local governments after disasters has become a critical issue in modern emergency management. Drawing on social-equilibrium theory and structural theory, this study employs two experiments (focusing on incompetence context and dishonesty context) with a single-factor, pretest-posttest between-subjects design to examine and compare the effectiveness of two trust repair strategies: holding officials accountable and improving governance mechanisms. The findings reveal that: when trust damage stems from governmental incompetence, both strategies effectively repair trust, with no significant difference in their effectiveness; when trust damage stems from governmental dishonesty, both strategies also effectively restore trust, but holding officials accountable proves significantly more effective than improving governance mechanisms. This study extends theoretical understanding of trust repair in the context of emergency management during natural disasters. It also aids local governments in identifying the type of post-disaster trust damage and selecting the most effective trust repair strategy accordingly.

Abstract:

Xi Jinping Thought on Culture represents a significant achievement of our Party in the new era, adhering to the "the two integrations" (integrate the basic tenets of Marxism with China's realities and the best of its traditional culture)and promoting the innovation of Marxist cultural theory. This important thought scientifically clarifies the historical position of contemporary Chinese cultural development, consciously carries forward the historical lineage of the fine traditional Chinese culture, effectively guides the historical transformation of cultural construction in the new era, and clearly outlines the historical mission of cultural development from a new starting point. Xi Jinping Thought on Culture holds high the cultural banner of the Communist Party of China in the new era and has made a profound historical contribution to enriching and developing the cultural framework of Chinese modernization and continuously consolidating the cultural foundation for building a strong country and achieving national rejuvenation.

Abstract:

“Strengthening the construction of rural spiritual civilization” is Xi Jinping’s cultural reflection on the work of “agriculture, rural areas, and farmers.” It is a practical response to the relationships between the party’s artistic leadership and cultural subjectivity, the cultural needs of the people and the spiritual strength of the people, material civilization and spiritual civilization, China’s excellent traditional culture and the modern civilization of the Chinese nation, and the integrated development of urban and rural areas and the revitalization of rural culture within rural society, as reflected in Xi Jinping’s Thought on Cultural. Xi Jinping’s Thought on Cultural provides political assurance, value guidance, methodological adherence, and spiritual support for advancing the construction of rural spiritual civilization at a new starting point. To lead the construction of rural spiritual civilization with Xi Jinping’s Thought on Cultural it is essential to uphold and strengthen the comprehensive leadership of the party, clearly implement the party’s management of propaganda, ideology, and media; adhering to the people-centered approach, focus on the construction of farmers’ subjectivity, meet the multi-dimensional spiritual and cultural needs of farmers, and use farmer satisfaction as the standard for evaluating outcomes, promoting the modernization and comprehensive development of farmers; adhere to a systematic approach, comprehensively advance the positive interaction between “shaping form” and “forging spirit,” urban and rural areas, rural civility and social governance; and sticking to the right path and making innovations, promoting the organic combination of agricultural civilization and modern civilization elements, creatively transforming the high confidence of farmers in their own culture into a lasting force for the construction of rural spiritual civilization.

Abstract:

As a programmatic document of the proletariat party, The Communist Manifesto sets forth the principles, programs and missions of the ruling nature of the Communist Party of China (CPC) and lays a theoretical foundation for the original aspiration of the CPC. From the perspective of theoretical logic, the scientific spirit of The Communist Manifesto has promoted the theoretical cognition of the CPC’s original aspiration. From the perspective of historical logic, the CPC established the truth core of the original aspiration in the process of revising the Party constitution according to the basic program of The Communist Manifesto. From the perspective of practical logic, the CPC has practiced and guarded the spiritual soul of the original aspiration in the realistic field in accordance with the value principles of The Communist Manifesto. From the perspective of the new era, fully grasping and protecting the CPC’s original aspiration is of profound theoretical significance and great practical value for advancing the great project of Party building, solving the problems that hinder the development of people’s livelihood, building a modern socialist country in all respects, and promoting the building of a community with a shared future for mankind.

Abstract:

With the development of digital economy, platform enterprises have sprung up and become an important force to promote social development. Under the action of network effect, the platform economy has formed a winner-takes-all situation in a short period of time. Many business areas are controlled by a small number of platform enterprises established earlier with strong strength. To expand their market power, these platform companies have dominated killer acquisitions, which takes start-ups as potential targets, stifling potential competitors as the motivation, and data monopoly as the means. Due to the defects of the system, the antitrust regulation has many practical difficulties in dealing with the issue of killer acquisitions by platform enterprises, such as declaration standards and substantive examination. In this regard, on the path of existing regulatory tools, the application basis and specific rules of the concentration of undertakings system should be adjusted; on the path of new regulatory tools, the EU “gatekeeper” system provides a reasonable regulatory path.

Abstract:

The unity of legal order means that all current national laws and regulations should be coordinated and consistent, requiring that legal acts stipulated by one departmental law should not be evaluated as illegal acts by another departmental law. This is what needs to be implemented in the process of modernizing the rule of law in China. important principle. However, due to the differences in the scope and tasks of legal regulation adjustment in different departments, the unity of legal order has not been realized. By analyzing the unified theory of legal order and the theory of illegal relationship, a “moderated” theory of illegal relativity should be recognized for the judgment of criminal illegality. Although criminal law is a post-law of civil law, administrative law and other legal norms, the post-law of criminal law does not mean that the judgment of criminal illegality is subordinate to the judgment of pre-law. The judgment of criminal illegality from the perspective of the unified legal order should be relatively independent. The judgment of criminal illegality is based on the overall independence of the three-level crime theory system. The behavior of criminal illegality means that it has the constitutive elements and is illegal, rather than being evaluated as illegal in the pre-requisite law. The independence of the judgment of criminal illegality is relative, and the pre-legal legality is the reason for preventing criminal illegality, which is embodied in the function and value of “incriminating” in the class that constitutes the necessary elements or the illegality.

Abstract:

The modernization of ideological and political education governance is an organic part of the modernization of the national governance system and governance capabilities. In the context of the digital China construction strategy, a basic dimension of the modernization of ideological and political education governance is the development of media. At the academic level, the modernization of ideological and political education governance is a necessary link to promote the realization of human modernization, maintain ideological security and improve governance. It is necessary to grasp the relationship between digital intelligent technology and modernization of ideological and political education governance, and explain the validity and limits of technology empowering ideological and political education governance modernization clearly. At the practical level, it is necessary to overcome two wrong technical cognition tendencies, including “valuing value and neglecting tools” and “valuing data and neglecting humanities”. Finally, it is necessary to construct a flexible ideological governance paradigm to enhance the effectiveness of ideological governance.

Abstract:

Data plays an increasingly important role in the Internet era. Cross-border data flow is related to national security, social development and individual interests of citizens. At present, countries build cross-border data flow models that are conducive to national security and development by promoting data localization and strengthening data sovereignty Under the national security perspective, to build the data system of nationality, for some data that could affect national security information collection, before its cross-border flows, clarify its nationality attribution and jurisdiction, to carry out the data network sovereignty ownership, the greatest common divisor of cross-border flows of international cooperation, seeking data in ensuring the state data entry exit Under the premise of effective control, the dual goals of cross-border data security and free flow are realized

Abstract:

Open government data is a key measure to build modern governance capabilities and respond to big data development strategies. The formation of a collaborative network between policy entities is a driving force to eliminate the data gap and enhance the value of data. Using the social network analysis method, this paper explores the evolution characteristics of the collaborative network of government data open policy subjects.The study found that the scale of the network has continued to expand and its compactness has increased. The overall network has experienced structural evolution characteristics from “core-edge” to “core-semi-edge-edge”, and multi-center coordinated and balanced development; network individual “breadth-strength” increased, financial The status of core entities such as the Ministry of Economic Affairs and the National Development and Reform Commission tends to be stable; however, there are also problems such as poor network stability, low information transmission efficiency, and low matching of powers and responsibilities, and proposes to clarify the interests and responsibilities of synergistic entities and give full play to the coordination capabilities of core entities.

Abstract:

Improving the price distortion of labor factors is an important breakthrough to improve total factor productivity and achieve high-quality employment. Intelligent manufacturing has broken the original high distortion of labor force. Based on the panel data of 30 provinces from 2006 to 2020, the first systemic combed the intelligent manufacturing and environmental pollution affect the mechanism of action of labor price distortion, then the integrated use of the bidirectional fixed effects model, two-stage least squares method and generalized space interaction fixed effects model of intelligent manufacturing and environmental pollution is verified labor price distortion effect. The results show that intelligent manufacturing can significantly alleviate labor price distortion, and this conclusion still holds after a series of robustness tests. Environmental pollution plays a partial intermediary effect in intelligent manufacturing to mitigate the transmission of labor price distortion, that is, environmental pollution itself does not mitigate labor price distortion, but it intensifies the moderating effect of intelligent manufacturing. At present, smart manufacturing alleviates labor price distortions mainly through the intermediary of reducing carbon dioxide emissions.

Abstract:

The Air Defence Identification Zones (ADIZ) is controversial because of its “grey area” in international law, and the international community has neither explicitly opposed nor explicitly supported the legality of the ADIZ. China established the East China Sea ADIZ in 2013. Disputes mainly stem from whether it may constitute de facto sovereignty over the disputed waters, thereby hindering the freedom of overflight and navigation, and whether it may break through the restricted jurisdiction of information collection and turn it into a militarized area. In fact, the ADIZ is a derivative of the contradiction between maritime rights and freedom of navigation in the international law of the sea. The international community's tolerance for the ADIZ comes from the fact that the establishment of the ADIZ by coastal states mostly abides by some existing consensus. International hedging theory can explain why ADIZ still exist and are valued in a contemporary world where the significance of national defense security is diminished. ADIZ is an effective tool for coastal states to safeguard maritime interests, but it may also complicate the disputed waters, which depends on the rational attitude and prudent behavior of various stakeholders.

Abstract:

According to the statistics of published judgment documents, more than 70% of violent terrorism propaganda offences are characterized by release or retransmission towards we-chat groups or friends with one-click. Some netizens are difficult to distinguish the violent terrorism nature of videos, but at least know they belong to general violent videos. Because the establishment of propaganda crime takes the knowing of violent terrorism content as the element, some judicial judgments tend to deduce subjective knowing based on objective disseminated consequences, which leads to the improper expansion of crime circle and the dislocation of penalty application. The propaganda which is unable to confirm the knowing of violent terrorism, should be identified as spreading general violent videos, and incorporate the disseminated behavior of general violent information into public security management, in order to realize the connection with anti-terrorism administrative punishment. The crime governance of propaganda in network is by no means criminal attack of “electronic capture”, but trying to reduce the dark numbers of terrorism-related dissemination, and build multi-dimensional mechanisms such as public participation, the performance of platform responsibility, and administrative intervention. The disseminated behavior with no obvious terrorist intention and little infringement of legal interest should be decriminalized, in order to avoid the overreaction of criminal justice.