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Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select Evolution of the Modes of Regulating and Determining Data Crimes in the Digital Economy Environment LIU Xianquan Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 1-14.   Abstract （36）            Knowledge map    Save In the digital economy environment, it is equally important to ensure both data security and   data sharing vitality. The regulation and determination of data crimes should meet both needs. In regulating and    determining data crimes, current practice adopts the right protection mode, that is, protecting the interests of data right subjects. However, the right protection mode fails to meet the needs of the development of digital economy; improper pre-established right protection with a focus on illegal access regulation may lead to  impeded data flow; limitations of the current criminal law in regulating data crimes may lead to incomplete data security protection. An order maintenance mode should be adopted in regulating and determining data crimes by heeding to the interests of all subjects in data value realization while prioritizing the public product attributes of general data. To adopt such an order maintenance mode, legislators should add new terms for data crimes to ensure data management order. In the judicial determination of data crimes, it is also necessary to adjust way of thinking in a timely manner and balance the interests between protecting data security and guaranteeing the vitality of data sharing. Related Articles | Metrics | Comments（0） Select Protection Paths of Data Criminal Law: Differences and Solutions LIN Yujia Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 15-28.   Abstract （32）            Knowledge map    Save Under the existing data crime system, the protection of data criminal law is facing the differences between formal and substantive protection. Formal protection is realized through the computer crime charge system, while substantive protection is realized through the protection of the legal interestscorresponding to the data content. The differences between formal and substantive protection lead to the different application of data crime charges in judicial practice. The reason for this disagreement is that the existing criminal law povisions can not directly reflect the legal interests corresponding to data, and the path of judicial identification of the legal interests of data crime is unclear. The existing solutions include the priority of substantive protection, the priority of formal protection, and the combination of the two, but each has defects and cannot resolve the differences thoroughly. To resolve the differences between formal protection and substantive protection, legislation and judicial interaction is needed. In terms of legislation, it is necessary to reform the substantive protection provisions, cancel the separate formal protection of data, and set up special data security protection provisions. Judicially, the relationship between different laws should be properly handled. Related Articles | Metrics | Comments（0） Select Transcending the“Presence”for Memory“Representation”in the  Ethnographic Animation： Reflection on the Video-making Practice of Xian Niang Rituals of the   Miao People in Western Hunan LI Gang, PAN Jingwen Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 29-39.   Abstract （23）            Knowledge map    Save Cultural memory is a core element for the cohesion of ethnic groups and the realization of cultural identity. Ethnic ritual, a specific cultural behavior deeply embedded in a specific social setting or scenario, plays a key role in the construction of collective memory and cultural memory as an important topic in anthropological research. Ethnographic animation provides knowledge production and meaning presentation through a system of special visual media symbols, which can transcend the space-time barriers of“presence”in expressing abstract experience such as memory and experiences, thus providing new paradigm experiments and modal possibilities for film and television anthropology in the new era. Based on the video-making of“Xian Niang”rituals of the Miao people in western Hunan province in China, we conducted mutual subjective cooperation and reflexive dialogues with cultural holders, finally producing an animated video full of true  feelings of the indigenous people, which realizes the“representation”of ritual memory and the expression of   ethnic culture memory through video ethnography. Related Articles | Metrics | Comments（0） Select The Disappearance of Paidia: The Seductive Rhetoric of Contemporary Consumption-Labor in Perspective of Video Game Commodities XIA Ying, PAN Shenyang Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 53-66.   Abstract （41）            Knowledge map    Save Roger Caillois places game on the Paidia-Ludus continuum and emphasizes the instinct for free and pleasurable play that Paidia embodies. In a reality where video game commodities are becoming more and more common, the Paidia orientation in the Caillois sense fades away until it is transformed into a rhetoric   uch as gamification, and at the same time becomes a driving discourse in the consumption-labor process. Firstly, while video games, as the ideal commodity of digital capitalism, claim to be designed for players’ pleasurable play experiences, their consumption is not designed to form a space for the release of play instincts, but rather to constitute a controlled field that is slightly intertwined with play instincts but essentially proliferates and realizes desire. Secondly, video game commodities become the lubricant of consumption from the perspective of frictionless capitalism because of their dual“definite possibilities”, that is, their definite possibilities before being purchased and their definite possibilities as video games themselves. The connotation of freedom, pleasure and play contained in Paidia is only degraded into the generalized“fun morality”in the Baudrillard sense. Finally, the concept of gamification is abstracted from the reality of the universalization of video game commodities and popularized in various fields such as marketing, education, and training, which in turn reshape the marketing logic of consumer goods in general and provide cover for a sophisticated      management and organizational technique. Uncritically accepting this gamification rhetoric undermines the creative power of free and enjoyable play in Paidia’s direction. Related Articles | Metrics | Comments（0） Select The Promotion of the Rule of Law in the Market-oriented Allocation of Data Factors  —Also on the Design of Twenty Data Measures  CHEN Bing Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 1-13.   Abstract （97）            Knowledge map    Save The degree and level of market-oriented allocation of data factors determine whether the driving force of data factors can be fully released, which is of great significance for accelerating the reconstruction, transformation and upgrading of data industrial and value chains. The premise of marketoriented allocation of data factors is to clarify the ownership of data property rights, its foundation is to build a unified and open market of data factors, its development path is to build a sound and efficient pricing mechanism, and its bottom line is to guarantee the safe development of data factors. Although China has made clear the important position of data as a new production factor, many problems hinder the full realization of market-oriented allocation of data factors, such as the failure to make clear the ownership of data in relevant laws, lack of an established unified national market and a clarified pricing mechanism of data factors, and ambiguities of the boundaries between transaction and supervision in data factor market. Therefore, based on the characteristics and reality of the data factor market, it is necessary to promote the dynamic ownership of data with the structural separation system of data property rights, build a unified and open trading mechanism of the data factor market, clarify the boundaries of data supervision, ensure the safe development of the data factor market, and realize high-level, high-quality and high-efficient market allocation of data factors. Related Articles | Metrics | Comments（0） Select Phase Transformation: How the Mode of Production Shapes the  Property Rules  HU Ling Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 14-27.   Abstract （66）            Knowledge map    Save The current continuous discussions on property rights in the digital age can be basically divided into two categories. One focuses on the analysis on more specific virtual goods (such as information content, game equipment, account number, data, virtual currency, etc.) in a concrete context based on the existing legal framework or concepts, such as the framework of“bundle of rights”or“modular”framework. The other tries to explain in principles what kind of objects can be better protected by property rules in the digital age, and what are the constituent elements of such property rules. It is necessary to change the perspective to raise questions, recognizing that the emergence of a mature property rights system is not a natural outcome of the statements for empowering what kind of objects or interested parties with property rights, but a result of a mature external environment for empowerment, which has caused relevant stakeholders to make proposals and promote the legal confirmation and protection of relevant interests. It is impossible for those property right structures or property rules that violate the production order to be established in the digital age. Facing the dramatic adjustments of the mode of production, the property rules, like the legal rules of other sectors, have to shoulder dual historical missions: one is to“break away”by challenging and shaking offing the traditional system and allowing factors to flow beyond the existing production process at low cost, and the other is to“establish”by erecting a new system that reflects particularity in accordance with the requirements of production mode, renegotiating which elements and interests are allowed for participants to continue to occupy and use, and delineating boundaries between them. Related Articles | Metrics | Comments（0） Select Infrastructure for Generative AI Governance YUAN Zeng Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 28-39.   Abstract （71）            Knowledge map    Save The large-scale introduction of generative artificial intelligence (AI) has caused real risks to social governance. As a production tool possessing humanized reasoning and behavioral ability, it has caused new problems in the field of intellectual property rights, criminal law, and data application, which have gone beyond the scope of existing laws. Private technology capital is becoming the real power holder in the digital space. However, the current AI governance paradigm focuses too much on the regulation of algorithms while neglecting the overall obligations of the relevant responsible subjects, leading to the failure of legal theories in catching up with the development of new technologies and weak practical methodological significance in solving practical problems. In the face of the problems caused by the hike in productivity level, the research on legal regulations, especially on relevant rules, should take a step forward, construct and improve the new generation of AI governance paradigm with structured system thinking and a holistic framework, Related Articles | Metrics | Comments（0） Select Deterritorialization, or Tribalization?—Traveling Theory of Today’s Humanities in English Language#br# LIU Kang Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 40-55.   Abstract （58）            Knowledge map    Save Post-Theory of the western Left was born in the upheavals of radical political movements of the 1960s, and retreated to the academic ivory tower in the 1970s. Then from the 1980s to the present, Post-Theory in the English-speaking humanities has undergone deterritorialization or transgression from academic discourse to the center stage of Anglo-American socio-political life, deeply embroiled in the political and ideological polarization and tribalization. Postcolonial studies and attendant race, gender and ethnicity studies have not only extensively and quickly popularized academic discourse through mass media, the Internet, primary and secondary school textbooks and other channels, but also closely integrated with anti-racism, feminism and LGBTQ groups. Identity politics and discourses of political correctness echo and reinforce with nationalist-populist waves, resulting in the chaos of today’s world. Marx’s The Eighteenth Brumaire of Louis Bonaparte, however, offers a powerful tool for understanding the current conditions in the world. Related Articles | Metrics | Comments（0） Select Global Narrative and Sinological Question Awareness HUANG Zhuoyue Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 56-73.   Abstract （70）            Knowledge map    Save Related Articles | Metrics | Comments（0） Select Return to“Xintai”: Shifting to the Perspective of a Community for Urban Shequ Governance JIN Qiao Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 1-14.   Abstract （129）            Knowledge map    Save How to build a community of urban Shequ (neighborhood) governance is a hot research topic at present. The previous literature can be classified into two categories in the light of research approach: a community of governance and a community of Shequ. The former pays more attention to the structural relationship and functional match among entities of governance and focuses on how to facilitate effective cooperation between entities, thus following an analytic approach of“structure-cooperation orientation.”The latter inherits the tradition of exploring the essential attributes of“community,”and focuses on Shequ characteristics, residential entities, and the formation of a community of urban Shequ governance from the collective psychological and spiritual aspects, following an analytic approach of“psychology-solidarity orientation.”Overseas studies have their own research traditions, centered on such intertwined concepts as sense of community, community attachment, etc.. Overseas studies have a direct bearing on relevant domestic studies, but there is a risk of“fragmentation”of community spiritual life which should be regarded as a whole. As urban governance turns to be increasingly refined, it is necessary to return to the“Xintai”(mentality) perspective advocated by Fei Xiaotong, which explores the more secretive and inseparable residential “Xintai”that is not limited in certain communities, but deep rooted in traditions. It also explores the influence of“Xintai”on the construction of a community of urban Shequ governance based on detailed field investigations. Urban studies in the“Xintai”perspective are not new, so a more in-depth understanding of “Xintai”and comparative studies of different cities, neighborhoods and groups of people are needed. It is worth mentioning that in building a community of Shequ governance, megacities should be prioritized due to their special academic significance and strategic importance. Related Articles | Metrics | Comments（0） Select Augmented Intelligence: Double Connotations and Implications YANG Qingfeng Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 51-62.   Abstract （79）            Knowledge map    Save With the wide application of artificial intelligence (AI) in various practical fields, intelligent making-decision has become a prominent phenomenon, which in turn has made augmented intelligence a possible independent category. However, a limited understanding of augmented intelligence within the practical fields underestimates its impact on AI ethics. An extended understanding of AI ethics in the perspectives of philosophy and ethics reveals its dual connotations: auxiliary relation and symbiotic relation. Auxiliary relation is the continuation of instrument-oriented thinking which regards AI as a tool confined to a particular field, while symbiotic relation further explores the relationship between human beings and various species of intelligent machines. Related Articles | Metrics | Comments（0） Select ChatGPT: Mind, Implications, and Risks of GPT Language Models JIAN Shengyu Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 63-78.   Abstract （94）            Knowledge map    Save GPT (Generative pre-training transformation) language models, represented by ChatGPT, show the ability to simulate human mind. Their continuous optimization and technological iterations makes it possible for them to become an indispensable part of people’s daily work and life. Once GPT language models start to have the human-like mind and obtain industrial application, they will bring new productivity like never before, and even reshape the basic pattern of human society. However, GPT language models not only promote productivity, but also incur such problems as job replacement and derivative risks resulting from extremely rapid technological upgrading. The integration of GPT language models and their derivative applications into social production and social life should be a gradual and steady process, so as to create buffer time and avoid excessive impact on society Related Articles | Metrics | Comments（0） Select Can AI Create Arts ? ZHOU Feng Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 79-90.   Abstract （78）            Knowledge map    Save The differences between AI and human brain determines AI’s lack of subjectivity: the nature of computation and the first-order isomorphic information processing of machines means that in information processing, AI has only one information output port, but humans have both body and consciousness output ports, which are in proto-isomorphic relationship. Consciousness port is self-oriented and generating cognition or evaluation by working together with the body port. This is exactly what AI is missing. The nature of AI computation defines the mechanical nature of its art creation: the lack of knowledge or expressions of its own determines its absence of subjectivity. Therefore, AI works are not arts if judged from the traditional perspective of the art essence theory, but from the perspective of art system theory, they can create arts although the subject of its expressions is not AI, but the human operator behind it. In this sense, AI can only be a medium. It is possible that AI expresses subjectivity, but only under the prerequisite that we face up to AI’s predicaments of subjectivity so as to give full play to its advantages and artistic innovation as a medium. Related Articles | Metrics | Comments（0） Select On the Relationship Between Rights and Obligations of Community Residents  —An Observation on Community Governance in Shanghai YU Zucheng, DING Keyin Journal of Shanghai University (Social Science Edition)    2023, 40 (5): 1-10.   Abstract （133）            Knowledge map    Save To implement the concept of“people’s city”and to build a community of social governance in which“everyone fulfills his/her due obligations while enjoying deserved rights”, it is necessary to clarify the relationship between the rights and obligations of community residents. Based on the Community governance in Shanghai，from the perspective of“law-standard theory”, the ideal relationship should be that“the fulfillment of residents’obligations promotes the realization of their rights, and the exercise of their rights promotes their awareness to fulfill their obligations, thus striking a relative balance between rights and obligations”. However, there is a big gap between the reality and the ideal, because the rights and obligations are unbalanced. In the future, how to promote both the autonomy of urban community residents and their subjectivity and responsibility in the context of increased power control is the fundamental key to addressing the imbalance of residents’rights and obligations. Related Articles | Metrics | Comments（0） Select Demonstration Mechanism: A Path for the Overall Mobilization in  Grassroots Legal Construction  ZHAO Wenpin, WAN Zhibin Journal of Shanghai University (Social Science Edition)    2023, 40 (5): 11-21.   Abstract （107）            Knowledge map    Save The realization of top-level design of legal construction relies on effective implementation at grassroots levels, which means all members should be mobilized in grassroots legal construction, and systematic actions should be taken in terms of subject mobilization, content coverage and action continuity. As an overall mobilization path to the advancement of grassroots legal construction, demonstration mechanism can achieve full participation of all members, full coverage of legal contents, and whole process embodiment of legal thinking and legal approaches in grassroots legal construction. Demonstration mechanism can effectively improve the overall grassroots governance in accordance with law in the three dimensions of subject mobilization, content coverage and process continuity, advance simultaneously State governance, legal enforcement and administration exercise in accordance with the law, and promote the integrated construction of State, governments and society under the rule of law. Related Articles | Metrics | Comments（0） Select The Construction Path to Chinese Film Ethics System JIA Leilei Journal of Shanghai University (Social Science Edition)    2023, 40 (5): 37-45.   Abstract （144）            Knowledge map    Save Film ethics is an emerging discipline within the humanities pedigree. Taking the basic principles of ethics as the frame of reference, it adopts an integrated approach to interpreting the ethical significance of the narrative style and content of a film from the perspectives of film narrative, film psychology, film sociology and film history. As a cross-disciplinary theory, film ethics takes narrative texts of images as the research object, ethical thoughts expressed in films as the main research content, and humanistic spirit of arts as the evaluation benchmark. While being committed to creating a theoretical interpretation tool suitable for image language, it also brings the tool into the overall research paradigm of film theory that coexists with other film disciplines. Apart from the above-mentioned basic characteristics, Chinese film ethics also places special emphasis on embedding the ethical thoughts from fine traditional Chinese culture into the film evaluation system, thus promoting the prosperity and development of Chinese films in both theoretical and practical senses.  Related Articles | Metrics | Comments（0） Select Genre Film Studies in the Era of Media and Technology: Review and  Commentary on Thomas Elsaesser’s Mind-Game Film Research  GUI Lin Journal of Shanghai University (Social Science Edition)    2023, 40 (5): 46-56.   Abstract （115）            Knowledge map    Save Since the 21st century, the issue of media and technology has become increasingly prominent in the film theory research on the whole, leading to constant research transformation, as is evident in the research of genre films. Film theorist Thomas Elsaesser published three papers on“Mind-Game Film”, viewing it as a new genre closely related to media and technology. His research is not only a full consideration of the impact of media and technology as a new powerful discourse on genre film research, thus an active move to seek new research directions, but also an indication of his adherence to the classical approach to Western genre film studies, which is a defining feature of his research. Media and technology as a powerful discourse has been the status quo faced by many humanities researchers since the new century, and the current discussions on Metaverse have pushed this trend to a climax. The humanities community as a whole tend to further emphasize and exaggerate the power of media and technology. However, Elsaesser chooses to combine the tradition and the new trend through the research of“Mind-Game Film”, which is an inspiration to other humanities researchers under the influence of media and technology.  Related Articles | Metrics | Comments（0） Select From Traditional Criminology to Digital Criminology SHAN Yong Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 1-17.   Abstract （109）            Knowledge map    Save     The digital age is witnessing the criminology research theme evolving from“cities attracting crimes”to“network attracting crimes”, in which digital technology and digital platform have become brandnew theoretical elements. The mode of platform governance of crimes is catching increasing attention, for which the gatekeeper rule has provided systematic and institutional basis. In overseas theoretical circle, digital criminology was put forward as a distinctive academic label, and it has become the theme of the times to reconstruct the order of digital society with the assistance of criminology. In China, digital criminology is also booming, following such paradigms as the system theory based on platform ecosystem, the information theory based on online control, and the cybernetic based on gatekeeper regulation. Getting out of the aphasia dilemma that traditional criminological theories are confronted with in explaining new types of crimes, digital criminology has become the most dynamic research direction. In the future, it should pay more attention to such important theoretical issues as perceptions of new types of crimes and underground cyber industry, the inheritance and development of traditional criminology, the application of gatekeeper regulation and its problems, and the value balance of platform governance. Related Articles | Metrics | Comments（0） Select From Metaverse to Law 3.0: The Genealogy of the AI Act LIU Xinyu Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 18-28.   Abstract （111）            Knowledge map    Save     Metaverse is a digital space resulted from the integration of existing technologies such as big data, artificial intelligence, 5G and AR/VR. Traditional Law 1.0 has a rule system that regulates facts to be specified. Law 2.0 contains new rules and regulatory framework, thus directly serving relevant policies. Law 3.0 recognizes that new technologies are also regulatory tools. The influence of technology on legal system began with“system theory”and flourished in cyberlaw. However, the AI rule of law is different from the Internet rule of law in that users live and interact with digital people, and the algorithmic entities share no hierarchical structure except consensus mechanism (code). Law 3.0 does not mean the end of Law 2.0 or Law 1.0. Instead, it reinterprets regulatory responsibility as the core and sets up a“triple license”for the use of technical tools. The latest AI legislative practice home and abroad embodies the spirit of Law 3.0. Related Articles | Metrics | Comments（0） Select Fei Mu’s Image Writing: A Distinct National Style NIE Xinru Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 41-53.   Abstract （65）            Knowledge map    Save The national style in Fei Mu’s films has been widely recognized, however, it is not inherent. In most of Fei’s early films, such as Song of China and The Wolf Hill, he adopted Western film narrative skills like shot/reverse shot, metaphor, symbol, paralleling shots, etc, winning him a high domestic reputation for skillful western film languages. But to our surprise, in his film Confucius shot in 1940, Fei abandoned those classical skills most used in American and Soviet Union films that he was so familiar with, such as shot/reverse shot and paralleling shots. Instead, he adopted theatrical means to express film conversations and narratives in specific scenarios, in order to create a Chinese way of image writing. His courage and determination was impressive. Unfortunately, the film wasn’t a success. It was not until the shot of Spring in a Small Town in 1948 that Fei Mu became skilled in self-invented image expressions which took the place of the Western shot/reverse shot. In addition, his restraint in the application of close shot and close-up shot added to the success of the film, which became a masterpiece for the nationalization of Chinese films.  Related Articles | Metrics | Comments（0） page Page 1 of 19 Total 369 records First page Prev page Next page Last page