2023 Vol.40

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    The History of Logic-embedded Jurisprudence; — Evolution of Legal Methodology Research in New China over 70 Years
    CHEN Jinzhao, CHEN Xingwei
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 1-18.  
    Abstract811)            Save
    Abstract: Over the past 70 years since the founding of New China, legal methodology research has made great strides in system construction, knowledge innovation, upgrading of ways of thinking and shaping of rule-of-law discourse. Methodology has been an important element in Chinese jurisprudence. Legal methodology research has also gradually established the constitutive function of rules of legal thinking in the construction of the rule of law; the emphasis on logic is shaping the rule of law thinking that matches the rule of law, providing a methodological basis for the systemic construction of the socialist rule of law discourse with Chinese characteristics. The research on legal methodology over the 70 years in New China can be divided into three categories: class analysis jurisprudence featuring; comprehensive learning from the Soviet Union, skill jurisprudence featuring reasoning and interpretation methods learned from Europe and America and new era jurisprudence featuring the construction of socialist rule of law thinking and rule of law discourse based on the combination of East and West. Currently the following; problems need to be addressed: the existing legal methodology research is mainly mere integration of Western jurisprudential knowledge, principles and methods, with many research results drawing on outside experience, thus lacking originality and in-depth analysis of China’s own problems.
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    Research on Innovation of Legal Mechanism of Bilateral Treaty on Intellectual Property Rights under the Belt and Road Initiative
    REN Hu
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 19-31.  
    Abstract787)            Save
    The regional characteristics of intellectual property protection determine the strategies taken by enterprises engaged in multinational investment, economic and trade activities to participate in the national layout of intellectual property rights (IPRs) under the Belt and Road Initiative (BRI). A study of those international conventions on IPRs which both China and other countries (involved in BRI) have joined shows that no universal conventions are applicable to all BRI countries. Therefore, it is realistic and feasible at the moment to strengthen bilateral cooperation and innovate bilateral treaty system. For instance, the legal mechanism of bilateral treaties on IPRs under BRI should embody the “common but differentiated” principle, not only demonstrating external unification, but also formulating differentiated bilateral treaty legal systems sensitive to the different intellectual property environments of the concerned countries. The strategy of “primary bilateral development, supplementary multilateral development and progressive development” should be embodied so as to achieve BRI goals step by step. We should improve China’s bilateral treaty system on IPRs by taking “the principle of coordinated advancement between trade and investment and IPRs” and “the principle of supporting capacity cultivation” as the core guidelines.

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    Social Responsibility for Personal Information Protection: Legal Contents and Realization
    YANG Gan
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 32-44.  
    Abstract839)            Save
    Abstract: Social responsibility for personal information protection helps to urge personal information processors represented by online platforms to maintain the security of user’s information through self-regulation. According to the relevant provisions of the Civil Code and the Company Law, compliance with the law and the maintenance of transaction security are the core contents of the clauses of corporate social responsibility. Under the regulatory system of the Personal Information Protection Law, compliance with the law and ethics provides not only an important basis for testing the effective compliance of personal information processors, but also interpretation space for the establishment of a differentiated compliance system. Maintaining the security of transactions can be included in the security principles of the Personal Information Protection Law, the normative significance of which is limited to compliance with the ethical bottom line. When implementing mandatory reporting on social responsibility for personal information protection, we should separate the disclosure indicators by the method of compliance or interpretation. The establishment of a sound compliance system is an important way to implement social responsibility for personal information protection. Compliance obligations should be sunk simultaneously by the board of directors and the supervisory board. A personal information protection supervisory committee composed of external professionals should also be embedded in and accountable to the company’s supervisory board. In addition, social responsibility provisions as general norms may also enter into judicial decisions.
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    Film and the Wagnerian Aspiration —Thoughts on Sound Design and the History of the Senses
    James Lastra , HE Shuangzi(translator), ZHANG Ling (proofreader)
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 45-57.  
    Abstract840)            Save
    In the American film Apocalypse Now , the emergence of sound design as a practice and stereo surround sound as a technology signals the reawakening of Wagnerian aspiration. This resolutely audio-visual film is not only a landmark in modern sound design, but also a sustained reflection on the meaning of technology, spectacle and politics of sensory experience. The author traces the history of sensory experience and sound design: in the 19th century, sensory technologies became the central component of the collective apparatus perception, which allowed the human sensorium to encounter with technological modernity; in 1915, Edison’s series of “Tone Tests” witnessed the fundamental transformative phonograph as opposed to live performance; in 1958, Culshaw’s recording of Wagner’s Das Rhineland severed the finished representation from any real “original” performance, which restored the ability for sensory experience; In 1979, the film Apocalypse Now severed sound representation from a documentary function, replacing the world of actual human experience with prosthetic sensory experience, which eventually promoted the critique of “anesthetic impulse”.
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    Multiplying Mise-en-Scène: Found Sounds of The Night of the Hunter in Lewis Klahr’s Daylight Moon and Jean-Luc Godard’s Histoire(s) du cinéma
    Amy Skjerseth , JIANG Qingyuan(Translator), ZHANG Ling(Proofreader)
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 58-73.  
    Abstract940)            Save
    This essay situates music as a crucial catalyst in a film’s mise-en-scène (the multisensory interface that pulls spectators into films’ worlds). Developing a contour theory of mise-en-scène inspired by Cahiers du Cinéma critic Michel Mourlet, I track how sonic textures, vibrations, and rhythms have similarly palpable effects to the oft-cited visual elements of lights, shadows, and actors’ gestures. Whereas standard analyses of leitmotifs match melodies with single icons, contours multiply figurative and emotional associations as spectators see and hear the seams between mise-en-scène elements. To demonstrate this approach, I closely analyze The Night of the Hunter (Charles Laughton, 1955) and two films that appropriate its audio-visual material: Jean-Luc Godard’s Histoire(s) du cinéma (1998) and Lewis Klahr’s Daylight Moon (2002). While the former narrative film could be read through leitmotifs, its non-diegetic sounds thwart straightforward correlations, like the experimental films’ found sounds. A contour theory multiplies mise-en-scène with audio-visual superimpositions.
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    The Actor Network of Trans-boundary Public Crisis Governance:A New Interpretative Framework
    ZHANG Yulei
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 74-92.  
    Abstract833)            Save
    The complexity of trans-boundary public crises determines the need to construct an actor network for effective governance, and the Actor Network theory provides a new interpretive framework for it. The multiple actors in the actor network of trans-boundary public crisis governance have different roles: the government as the ultimate undertaker of responsibility, the army as the vanguard in the response to catastrophe, enterprises as providers of emergency products, social organizations as important supplementary forces and citizens as key supporters. At the same time, the multiple actors have different action logic in the actor network of trans-boundary public crisis governance: the government is driven by responsibility and achievements, the army by cooperation under the military-civilian parallel relationship, the enterprises by social responsibility under the profit-seeking orientation, social organizations as self-organizing mechanisms by public value, and citizens by rational and public spirit of “economic man”. Different action logic of multiple actors results in different interactive relationships, mainly between the central government and local governments, between local governments and enterprises, between local governments and social organizations, and between local governments and citizens, social subjects and citizens. Following the general law of actor network construction, we propose specific strategies for actor network construction of cross-border public crisis governance in accordance with different stages of translation: setting up common goals at the stage of problem emergence, establishing interest coordination mechanism at the stage of interest assignment, and forming a community of responsibility at the stage of recruitment and mobilization.
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    Emergency and Evolution: Analysis of China’s Policies on Public Health Governance (1978-2020) 
    NAN Rui, LI Yan
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 93-114.  
    Abstract801)            Save
    Since the reform and opening up policy, China’s public health governance system has been distinctly emergency oriented and featured, therefore, it is feasible to explore the reform process of China’s public health governance system and generalize the laws behind the process in accordance with the policy changes of public health emergency. Taking 460 emergency policies of public health issued by the central government from 1978 to 2020 as samples, this paper makes a systematic study on the external attributes and internal structure of policy changes from five aspects: policy time, policy types, policy subjects, policy problems and policy tools by using the quantitative analysis of policy documents. The results show that the reform of public health governance system in China followed a trend of emergency evolution, indicating the coexistence of overall increase and fluctuations at different stages in terms of policy quantity, the alternation of authority and diversification in terms of policy subjects, the symbiosis of abruptness and continuity in terms of policy themes and the integration of tool combinations and dominance in terms of policy tools. Based on this, this paper puts forward countermeasures and suggestions to optimize China’s public health governance system from the perspective of policy: coordinating policy subjects to enhance the ability of crisis response, strengthening policy tools to improve the efficiency of emergency response and optimizing the policy agenda to achieve smart emergency management.
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    Academic Thinking on the Coordinated Development of Elderly Care Services and the Elderly Industry
    LI Juan
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 115-127.  
    Abstract977)            Save
    Promoting the coordinated development of the elderly care services and the elderly industry is an important strategic plan to actively respond to the aging of the population. The Chinese government has attached great importance to the elderly care services, increased financial investment over the years, and received wide social recognition. However, some predicaments have occurred in that the society’s excessive reliance has made the government under enormous pressure, leading to the unsustainability of the government’s support for elderly care. The development of the elderly industry is bound to help relieve government pressure and improve the quality of elderly care services. However, due to people’s inaccurate understanding of the basic attributes of elderly care, even skepticism about the provision of elderly care services by the elderly industry, the imperfect government policies on the elderly industry and other obstacles, the development of the elderly industry is still in its infancy, yet to realize its potential in China. Therefore, clarifying the logical starting point, realistic basis and theoretical basis for the development of the elderly care services and the elderly industry is of great significance for the policy improvement and the development of the elderly industry. Based on the dual attributes of welfare and privateness of the elderly care, coordinated development of the elderly care services and the elderly industry should be pursued, conducting strategic planning in three aspects: formulating sustainable elderly care philosophy, creating an institutional environment conducive to the development of the elderly industry and innovating welfare tools.
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    Zhu Xi’s Moral Criticism and Its Influence on the History of Literature— Based on Zhu Xi’s Evaluation of Qu Yuan versus Yang Xiong and Tao Yuanming versus Wang Wei
    SHAO Mingzhen
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 128-139.  
    Abstract827)            Save
    Moral criticism is an important feature of Zhu Xi’s literary criticism, among which his evaluation of famous writers Qu Yuan versus Yang Xiong, Tao Yuanming versus Wang Wei are typical examples. With the notion of “loyalty and integrity” as the primary criterion to evaluate writers and their works by eulogizing or denouncing, Zhu has a great influence on the history of literary criticism, and helps establish the historical roles of the two sets of writers in Chinese literature to some certain extents. Zhu’s moral criticism was not only influenced by the society and politics, but also associated with his identity as a Taoist, with his idea of “Tao prior to literature” explicitly embodied in his literary criticism. Zhu’s moral criticism, being influential even today, deserves our full attention.
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    Reflections on the Post-Auschwitz: An Exploration of Agamben’s Aesthetic Politics
    MAI Yongxiong, HOU Yinhe
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 140-151.  
    Abstract809)            Save
    Aesthetic politics is an important dimension of literature research. Agamben’s reflection on biopolitics after Auschwitz massacre is mainly embodied in three important dimensions: “concentration camp”, “living dead” and “witness”. Firstly, the brutality of Auschwitz creates material space for an “exceptional state” for Nazi supremacy. Secondly, the “living dead” in the concentration camp is an important representation of Agamben’s “homo sacer” series and the extreme image of “naked life”. Thirdly, “witness” after Auschwitz massacre means “residual” traumatic memory and “surviving” expressions and other issues. With the attitude of paying attention to biopolitics, Agamben highlights the orientation of poetic justice and critical aesthetics. His reflection on aesthetic politics after Auschwitz has enriched the literary theory space of contemporary western left-wing thought.
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    A Relationalist Account of Color Ontology
    LIU Longgen, YANG Yaping
    Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 152-161.  
    Abstract791)            Save
    Being opposed to regarding color as some physical property or sui generis entity, color relationalism defines color as the relation among the subject, object and perceptual circumstances, thus somehow overcoming the limitation of such color theories as physicalism and primitivism, and highlighting the unique role of the subject’s perceptual variation in cognizing and representing color properties. Color relationalism, however, seems to have confused the subject’s perceptual representation with the objective color per se and to have failed to distinguish between the metaphysical nature of color and its epistemological characteristics. So a more rational and scientific color ontology should take both its objective and subjective properties into account by opting for a theoretical approach that is dialectical, dynamic and multidimensional.
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    Re-balancing Corporate Data Property Rights and Personal Information Rights:An Interpretation Based on “20 Articles of Regulation on Data”
    XU Juan, LI Haotian
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 1-19.  
    Abstract1944)            Save
    Corporate data property rights, as the rules of conduct based on the consent of use in the process of exercising personal information rights, are the general term for the rules of conduct of adjustments in the change of legal relationship of data property rights which guarantee the transformation of personal information into data and big data. The development of data market promotes the transformation of partial impersonal personal information into data resources, leading to the formation of corporate data property rights. This is not only a process of empowerment that transforms information into data, but also a process of just distribution of data rights and interests according to the rules of conduct governing the transactions of corporate data property rights. The rules of conduct, established after the measurement of the property interests of data which are transformed with consent, enable enterprise data property rights to maintain a balance between the personal information rights of natural persons, corporate data rights, and national public data utilization. For individuals, corporate data property rights protect personal information rights while for enterprises, they are the results of the transformation of personal data according to the trading rules of property rights. For the state, it has to require enterprises to establish the trading rules for corporate data property rights that protect sources of information while sharing the benefits of corporate data with consumers.
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    The Legal Nature and Internal Risks of Crypto Digital Collections under Blockchain Smart Contracts
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 20-35.  
    Abstract1826)            Save
    The non-fungible tokens (NFTs) and crypto digital collections are the latest attempts of blockchain technology to authenticate the ownership of digital assets. The application of blockchain technology and smart contracts enables the NFTs to acquire certain characteristics of property rights. However, mere technological means can hardly secure the links between the underlying digital collections. An Analysis of the legal nature and internal risks of crypto digital collections suggests that a targeted legislation for blockchain digital assets represented by NFTs can be made to protect the property rights bearing on them. Meanwhile, regarding the separation that may occur between an NFT and its underlying digital collections in terms of technology, legality, and intellectual property rights, it is necessary to introduce some off-chain mechanism of centralization and real-name system, to reduce the internal risks of crypto digital collections, thus building a stable legal environment.
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    Discussion on the Socialized Relief to the Harm of Algorithm Error
    DONG Wen
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 36-49.  
    Abstract1751)            Save
    The development of artificial intelligence technology not only creates infinite possibilities for the advancement of human society, but also makes algorithm decision-making a new type of technical power. As a result, it exerts an important influence on the “power-right” pattern in the digital field. In this regard, in the face of the violation of the rights and interests of data subjects caused by algorithm errors, the mechanism of algorithm interpretation right has been widely mentioned as an ideal way to make algorithm decision-making transparent. However, this mechanism still encounters dual dilemma in the process of correcting the alienation of algorithm power: the difficulty of explaining the internal logic and the high cost of power exercise. Therefore, it is imperative to establish an appropriate harm risk distribution model of algorithm errors. The traditional “perpetrator-victim” bipolar model cannot alleviate the negative external effects of algorithmic decision-making due to the change of the attribution basis, the blurred and broken chain of causality and the imbalance between the scale of damage and the property capacity of the perpetrator. In view of this, it is essential to explore how to allocate risks from the perspective of socialized relief to the damage. Although liability insurance strengthens the compensatory ability of the person responsible for the property, it cannot provide sufficient relief to the victims because of its natural parasitic nature of tort liability. In contrast, being not limited to the determination of tort liability, the relief fund can expand the channels of risk dispersion through the socialization of capital composition and the weakening of causal elements, thus achieving sufficient, efficient and timely relief effects.
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    Century-old Hong Kong Films and Chinese Cultural Tradition
    WANG Haizhou, YU Jian
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 50-60.  
    Abstract1909)            Save
    Over the last century, despite the superficial entertainment orientation, Hong Kong films have always been internally connected with the mainstream Chinese culture in many dimensions. In terms of value orientation, Hong Kong films, since the very beginning of its formation, have upheld Confucian culture and Lingnan culture as the spiritual core, seeking the cultural pursuit of “guiding people to be good and upward” while focusing on the presentation of daily civilian life; some representative Hong Kong filmmakers, deeply influenced by traditional Chinese culture, have pursued classical images that stimulate nostalgic thoughts about their motherland among overseas Chinese audiences; the creative use of traditional Chinese opera elements and folk music also highlights another link between Hong Kong films and Chinese culture. These valuable experiences inherited from traditional Chinese culture constitute a unique aesthetic paradigm of Hong Kong films.
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    Hong Kong Films’ Reconstruction of Traditional Chinese Culture: Formal Innovation, Value Shift and Cultural Interpretation
    ZHANG Yan, ZHANG Yi
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 61-70.  
    Abstract1900)            Save
    Based on the cultural tradition of Shanghai films and the battle field of the gaming between the East and the West, Hong Kong films have always been rooted in traditional Chinese culture, blending the elements of film types, making innovations in both form and content, and revealing a social and cultural landscape with distinctive local characteristics. To review Hong Kong films from the 1930s to the return of Hong Hong to the motherland in 1997 in the perspective of Lin Niantong’s aesthetic theory of “Mirror Tour”, we can find that the cultural ecological system and stance of the “big concentric circle” of Chinese culture had always nourished the cultural landscape and spiritual temperament of Hong Kong films, and the proposal of the image and notion of “tour” distinguishes Hong Kong films with its unique identity from western films. Since Hong Kong’s return, Hong Kong films, instilled with state consciousness and local identity, have adopted the strategy of nostalgic realism and integrated individual and collective memory into the inter-textual creation of history and reality, thus regenerating a cultural memory with a community nature.
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    The Impact of Participation in Global Value Chain on the Intra-industry Income Gap in China
    CAI Xiaoyue, HAN Yaxin
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 71-86.  
    Abstract1867)            Save
    Under the trend of restructuring global value chain (GVC), different industries vary in the degree of GVC participation in China, so does the intra-industry income gap across industries. Literature reviews show that an increase of GVC participation will widen intra-industry income gap through the intervening transmission mechanisms such as intermediate goods trade, technological progress and factor inputs. Therefore, this paper will apply data from World Input-Output Database, a total of 19 industries in China from 1996 to 2009, to study the impact and mechanism of forward participation on intra-industry income disparity at the early stage of industrial participation in GVC; variables such as trade in intermediate goods, technological progress and factor inputs are introduced to construct panel regression models; and the differences in performance between labor-intensive industries and capital-intensive industries are compared. The empirical results show that GVC participation will widen the income gap between high- and low-skilled laborers within industries in China, and that the income gap in capital-intensive industries is basically higher than that in labor-intensive industries. At present, in the context of Dual-cycle Development Pattern, we should deepen the participation in GVC, refine the specialization degree of intermediate goods production, optimize approaches to technology progress, strengthen the skill level of low-skilled laborers, and narrow the intra-industry income gap so as to realize common prosperity.
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    A Bibliometric Review of Research on Green Finance in China
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 87-100.  
    Abstract1970)            Save
    Green finance, as a practical solution to the problems of climate change and environmental pollution via the green fund allocation, plays an important role in the preservation of China’s ecological civilization and sustainable development. To have a better understanding of the research status of green finance and clarify its hot topics and thematic evolution is of great significance in improving China’s green financial system and facilitating the transition to a green economy. Based on 499 papers on green finance from CNKI from 2008 to 2021, this paper presents a systematic review of the research on green finance in China from the aspects of the number of publications, co-citation network, hot topics and thematic evolution.Results indicate that green finance, with rising publications, has attracted increasing attention from domestic academia. The research in the field focused on such topics as financial development, green economy transition, green financial products and green credit. Furthermore, five thematic evolution paths were identified along four research directions, which implied a trend of thematic integration in financial research frontiers. The study also suggests that inclusive finance and pilot zones for green finance reform and innovations will become two hot topics for further research.
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    The Writing of World History of the 16th -18th Century and the Rise of “Comparative Thinking”
    JIN Wen
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 101-117.  
    Abstract1836)            Save
    The period from the 16th to the 18th century saw the emergence of the genre of world history, in which Europeans drew on the natural and human knowledge of the New World and other non-European regions to chart the development of different peoples, and to compare and connect them. The writing of early world history was not only a prelude to modern anthropology in the 19th century, but also a prerequisite for the birth of “comparative literature”. In the late sixteenth and seventeenth centuries, the Christian view of human homogeneity incorporated “pagan” peoples outside Europe into the biblical narrative. Subsequently, French Enlightenment thinkers such as Bernier and Montesquieu attempted to explain the origins and evolution of different societies in terms of their natural environment and institutional inheritance, emphasizing differences among peoples. At the same time, there was also a wave of “Counter-Enlightenment” thought, which proposed a prototype of the concept of multiculturalism based on the recognition of the basic commonalities of all peoples. It was during this period, from the 16th to the 18th centuries, that the writing of world history by Western thinkers shifted from Christian monism to a more philosophical consideration of the similarities and differences of national characters, giving birth to modern “comparative thinking” and highlighting the cosmopolitan origins of Western modernity.
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    On the Origin of Comparative Literature and the Heritage of German Philology
    HAO Lan
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 118-128.  
    Abstract1886)            Save
    Among the multiple origins of comparative literature, one is related to modern philology originated in Germany as both a research method and a discipline paradigm. Both regard texts as secular objects that can be examined and criticized, rather than infallible sacred ones; both focus on spiritual products created by human beings, such as language and literature, rather than animals and plants in the natural world. German philology later gave rise to two main disciplines: linguistics with historical-comparative language as the pinnacle achievement, and national philology represented by Germanistik. What they left for comparative literature are the methods of tracing the “origin”, historicizing materials, and the awareness of seeking comparisons beyond the parochialism of “national literature”. In addition, German Romance philology in exile also became an important resource of American comparative literature in the first half of the 20th century.
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    The Thousand and One Nights and the Emergence of World Literature
    FAN Ruo’en
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 129-139.  
    Abstract1966)            Save
    Goethe, following Schleicher and Wieland, proposed the concept of world literature in 1827, which is often regarded as the beginning of European awareness of a global pluralistic literary genealogy and an implication of Western-centrism. However, prior to this, Europeans had not only accumulated knowledge about the different national cultures of the world, but also witnessed the first systematic practice of world literature that crossed the cultural divide between East and West. At the beginning of the 18th century, Antoine Galland, an orientalist, and Hanna Diyab, a Maronite from Syria, co-translated and rewrote The Thousand and One Nights. The translation triggered an unprecedented boom of oriental tales in Europe and modern transformation of narrative literature as a result of its concern for universal humanity and national cultural differences during the age of European Enlightenment. Compared with the concept of world literature that is sometimes considered as a problem, the translation of The Thousand and One Nights in Europe shows a richer theoretical connotation and illumination. Still more important, the oriental literary boom it triggered and its influence on European literature lead to the key context that enabled Goethe to propose the concept of world literature. In this sense, The Thousand and One Nights marks the birth of world literature.
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    “Managing Politics” of Township Governments in the Context of Rural Revitalization: An Investigation of the Homestay Project of X Village
    YE Juanli, ZHOU Zelong
    Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 140-154.  
    Abstract1887)            Save
    The national strategy of rural revitalization has brought many resources into the countryside, which has led the grass-roots governments to the shift from the “constrained autonomy” to the “dependent autonomy”. Against this background, “managing politics” becomes a new trend of township government behavior. An investigation of the Homestay Project of X Village in Hunan Province shows that the“managing politics”in operation of the project is essentially a replacement of market logic by political logic; in order to achieve the logic shift, the township government, by means of strategic publicity, mobilized plural township subjects to offer ideas and work together for common prosperity, leading to somewhat “political profit sharing order” to obtain political achievements and related resources.To be specific, the formation of “managing politics” stems from the strengthened constraints on township governments,enhanced institutional incentives and the expanding policy space; however, it also brought about potential risks: the non-sustainability of “political profit sharing order”, the disorder of local agency and the negative externality of featured projects. The “managing politics” of township governments in effect sparks the theoretical research on “political operators of management” and “managing villages” under the framework of state and social relations on the one hand, but poses a problem to township governments on how to give full play to its role and function in practice.
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    Scientific and Technological Innovation in the Perspective of Building a Great Modern Socialist Country: Evolution, Characteristics and Path
    CHEN Yuanzhi, CHEN Jin
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 1-18.  
    Abstract1405)            Save
    The Communist Party of China has led the people to strive unremittingly for a strong and prosperous country and the happiness of the people throughout different phases of the Party history over the past century, during which it has deepened the understanding of relevant concepts, thus being able to interpret the goal of socialist modernization from China’s realities. The general task of the new era is to build China into a modern socialist country in all respects and achieve national rejuvenation. That is to say, after achieving the goal of building China into a moderately prosperous society in all respects, we will build a modern socialist country that is prosperous, strong, democratic, civilized, harmonious and beautiful by the middle of this century in two steps. Under the general tasks, a series of specific objectives are set up, among which invigorating China through science and education and developing a strong workforce for the modernization drive is the foundational and strategic support for the overall goal and specific objectives. The core demand for scientific and technological innovation is China’s self-reliance and strength in science and technology. We should take the “seven adherence” as the political principle and the “five major tasks” as strategic measures to achieve high level self-reliance and strength in science and technology so as to provide strong support for the overall goal of building China into a great modern socialist country.
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    Influencing Factors of Trustworthy AI Practice Based on Grounded Theory
    CHEN Qiang, JIA Ting, DUN Shuai
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 19-36.  
    Abstract1199)            Save
    With the promoted status of artificial intelligence (AI) strategic technologies and their enriched application scenarios, the ethical risks of AI have drawn wide attention from all social circles, who have gradually agreed to develop trustworthy AI (TAI) with enterprises acting as the principals of the practice. Based on Proceduralised Grounded Theory, the study investigates the deep-seated factors influencing enterprises’ trustworthy AI practice through in-depth interviews and supplementary secondary data. The results show that four main categories of TAI practice-willingness, TAI practice mission, TAI practice institutional environment, and TAI practice capability, have statistically significant effects on enterprises’ trustworthy AI practice; TAI practice willingness and practical capability are internal driving factors; the institutional environment of TAI practice serves as an indirect factor to regulate the relationship between an enterprise’s willingness to practice trustworthy AI and its actual behavior; the mission of trustworthy AI practice serves as an indirect factor to regulate the relationship between an enterprise’s ability to practice trustworthy AI and its actual behavior; and the constituent factors under each category have different ways of influence on variables with different functions. The study shows that the “Two Factor Driven model” (TFD model) is of critical importance for building a multi-agent and full-process TAI practice ecosystem.
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    A Study of Employees’ Responsible Innovation Behavior Based on the Integrated TPB-NAM Model: Evidence from AI Enterprises
    LU Chao, JIANG Yuyang, JIANG Lu, XU Zhenting
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 37-54.  
    Abstract1273)            Save
    Responsible innovation (RI) provides a new solution to artificial intelligence (AI) governance, yet it is still an early stage for the research on employees’ RI behavior. This paper builds an integrated TPB-ANM theoretical model to analyze the influence factors of AI employees’ RI behavior from both self-interest and altruism perspectives, and adopts the structural equation model (SEM) to carry out an empirical test. The research findings are as follows: (1) Employees’ RI attitudes, injunctive norms, descriptive norms, personal norms and perceived behavior control have positive influence on employees’ RI willingness, and injunctive, descriptive and personal norms further influence employees’ RI behavior through the mediating role of employees’ RI willingness. (2) Injunctive, descriptive and personal norms have direct influences on employees’ RI behavior, among which injunctive norms has the most significant impact. (3) Consequential awareness has a positive bearing on ascription of responsibility and employees’ RI attitudes, while ascription of responsibility has a positive influence on personal norms. Based on the above research findings, this paper proposes constructive suggestions from the dimensions of the government, enterprises and employees to improve employees’ RI enthusiasm and behavioral initiative and release employees’ RI vitality. Hopefully, the paper can be a useful reference for the RI development of AI firms.
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    The Ethical Proposition of Film Industry Aesthetics
    YUAN Zhizhong, JIANG Feng,
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 55-64.  
    Abstract1213)            Save
    Film industry aesthetics, an important concept of film aesthetics widely mentioned in China at present, explores related ethical propositions and has produced an enlightening significance in expanding theories of film industry aesthetics. Based on the three categories of production ethics, technology ethics and communication ethics, the paper encompasses three themes: the appeal for production ethics from “good means” to “good morality”, warning against the consumption trap of “extreme experience” caused by technical image manufacturing, and respecting “self-altruism” moral principle of market economy in publicity. By discussing the ethical norms and ethical anomie in the film industry system, the paper aims at constructing the value concept of film industry ethics in the overall sense.
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    Productive Thinking and Aesthetic Principles of “Algorithm Author” —The Ethical Turn of Film Industry Aesthetics in the Algorithm Era
    ZHANG Lina, CHEN Xuguang
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 65-75.  
    Abstract1252)            Save
    The comprehensive application of artificial intelligence (AI) technologies in the film industry boosts the emergence of AI screenwriters, AI actors/actresses, AI script doctors, AI photography, AI editing and AI marketing system, leading to great changes in the production process of each link of the film industrial chain and the development of film industry. The intervention of “algorithm” has dramatically transformed the film productive thinking, mainly embodied in the decentralization of “human logic” in the films created by “algorithm authors” as the “human logic” weakens and the “algorithm logic” strengthens. On the level of aesthetic principles, the contradiction between “technicality” boosted by “algorithm-driven” film production and “artistry” becomes increasingly prominent. Therefore, how to properly balance the advantages of “technicality” while retaining “artistry” is a prospective issue worth discussing. In addition, the “algorithm author” has the dual ethical attributes of “human” and “machine” not in the sense of binary opposition, but in the mixed zone of the two. “Moral subjectivity” of the “algorithm author” is presented from the aspects of autonomy, interaction, and adaptability so that its moral responsibility in film production is clarified. Finally, given that ethical problems in film production driven by “algorithmic logic”, such as the deviation of value orientation, lack of emotions, and “algorithmic discrimination”, aggravate discrimination and loss of privacy autonomy in reality, they are the inevitable topics for “further elaboration” by the film industry aesthetics which is also the turn of the film ethics.
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    “Controlling Technicality with Morality”: The Path of Technology Ethics to Film Industry Aesthetics
    HAN Guidong
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 76-87.  
    Abstract1277)            Save
    The development of film industry aesthetics should not only follow the aesthetic pattern of a specific paradigm, as is embodied in transcendental subjective thinking and Chinese film experience, but also adopt an open perspective to reach the technical landmark of “poetic state”. In this sense, one natural way of expanding film industry aesthetics is to exploit “moral imagination” to reflect on technology, which is the core of technology ethics— “responsible morality for goodness”. A possible new development of film industry aesthetics, technical ethics may rethink a series of ethical propositions such as the relationship between film technology and the alienation of people, landscape experience, and moral materialization, and re-bridge the gap between film industry aesthetics and technological ethics, so as to truly realize the qualitative leap in the theoretical construction of film industry aesthetics and achieve its ethical concern of “people being the goal” in a pluralistic, tolerant, inclusive and integrated manner.
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    Integration of Digital Technologies and Creative Industries and the Boom of American Media and Entertainment Industries
    LI Fengliang, ZHAO Xinyang
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 88-99.  
    Abstract1304)            Save
    The innovative integration of digital technology and creative practice begets a new business form: digital creative industry. With the development of artificial intelligence (AI), virtual reality and 5G technology, digital technologies have been widely applied to the creative industry. The convergence of digital technologies and creative practice brings new changes for the creative industry in the US in terms of content creation, distribution channels and consumption patterns, which provide significant implications for China’s digital creative industries. Facilitated by digital technology, the media and entertainment industries have become an important part of the digital creative industry in the US. Digital technologies have advanced American global network of cultural exports, presenting the US media and entertainment industries both opportunities of development and new challenges regarding global extension, copyright protection and personal data security.
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    AI and Digital Creative Industry: Integration, Development and Innovation
    WANG Yi
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 100-111.  
    Abstract1281)            Save
    In the context of the rapid development of the digital economy, artificial intelligence (AI) has emerged as a revolutionary and transformative application technology in recent years. AI and the digital creative industries were identified as key emerging industries during China’s 13th Five-Year Plan period. The technology-driven industrial integration has led to the upgrading of traditional cultural industries. The integrated development of AI and the digital creative industry has transformed the latter in terms of production content, cultural dissemination, and consumption patterns. Against this backdrop of great opportunities, the integration of AI and the digital creative industry represents an important pathway for breaking down structural barriers among industries. On the one hand, digital creative industry, primarily focusing on cultural content, empowers technologies with core content. On the other hand, AI technologies enrich the implementation means of cultural content and enhance its communicability, interactivity, and virtuality. In the trend of global value chain reconstruction, the deepening integration and development of AI in the digital creative industry carries important significance. By examining domestic and international cases, insights can be drawn to optimize China’s development path of technological innovation and achieve a people-oriented, interactive, and beneficial vision.
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    Location Factor Analysis of Digital Creative Industry and Coordinated Development
    LUO Xiaoyi , JIANG Mimi
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 112-121.  
    Abstract1246)            Save
    China attaches great importance to the development of digital creative industry and has included it into national strategic emerging industries. How to optimally distribute the digital creative industry so as to achieve coordinated development is an urgent issue to be addressed. Location theory aims at finding the best production location for enterprises by analyzing and optimizing regional spatial organization of different industries. Based on the evolution logic of location theory and combined with the characteristics of digital creative industry, the study extracts the location factors in terms of production cost, market scale, industrial structure and public environment. The extraction is conducive to clarifying the endogenous impetus of regional concentration of China’s digital creative industry from the standpoint of digital creative enterprises, and providing theoretical rational for formulating policies to promote the coordinated development of regional digital creative industries. In this regard, relevant suggestions are put forward for enterprise, local governments and the central government.
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    Cross-border Cybercrimes: Preventive Governance Model and Its Development
    LIU Jun, JIANG Xue<
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 122-137.  
    Abstract1268)            Save
    Cross-border cybercrime is characterized by the interaction between the virtual and the real, the correlation between science and technology and crime, the separation between behavior and result, and the duality of intelligence and implicitness. Given the many limitations in the current crime governance model, it is urgent to explore and adopt a more targeted and effective one to ward off cross-border cybercrimes. The core of the preventive governance model is to protect the development and security interests of people, safeguard national cyber sovereignty and security, and actively take preventive measures to prevent major cyber security events. The goal of preventive governance of cross-border cyber crimes is to enhance the resilience against cyber risks as a whole, thus obtaining cyber resilience. To achieve this, it is imperative to carry out all-round governance at different levels, such as implementing the concept of the rule of law, improving multi-agent participation in governance, building a preventive legal system, strengthening legal guarantee for technical governance, and improving cooperation rules for international communities, so as to build an effective cyber security system containing cross-border cybercrimes in every aspect.
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    Deviation and Rectification: Practical Reflection on the Leading Question Rule
    LI Siyuan
    Journal of Shanghai University (Social Science Edition)    2023, 40 (3): 138-153.  
    Abstract1264)            Save
    In China, leading question is not only controversial in theory, but also interpreted with negative definition, thus being prohibited in legal norms. By analyzing 215 criminal judgment documents related to leading questions, the study finds that in practice, leading question is endowed with multiple connotations, resulting in the dilemma that in the process of investigation, prosecution and even trial, the identification and exclusion of leading questions is a real challenge. Leading question is legally prohibited, but practiced in reality. The inconsistency makes an obvious gap between legislation and practice. An discriminate prohibition of leading questions aggravates the illegality of judicial case handlers suspecting of asking leading questions. Therefore, it is essential to recognize the technical neutrality attribute of leading question in a rational manner, discern its positive and negative mode, and set up justified rules for leading questions in pre-trial and while-trial stages while improving the mechanism of identifying improper leading questions and making redemptive measures.
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    From Traditional Criminology to Digital Criminology
    SHAN Yong
    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 1-17.  
    Abstract109)            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.
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    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.  
    Abstract110)            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.
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    Risks and Control: The Construction and Prospect of the Function of Digital RMB in Anti-money Laundering
    YUE Ping, YANG Jingjing
    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 29-40.  
    Abstract155)            Save
        The emergence of digital RMB is in conformity with the trend of history. The digital RMB will inevitably replace private digital currencies favored by those who pursue personal freedom. The digital RMB under the big data, has the advantages of underlying technologies, dual distribution mode, and the technical framework of big data center, registration center and certification center, which enable it to be“anonymous for small amount and controllable in large amount”. All these features make it a natural cutting edge in cracking down on money laundering crimes. However, the financial risks and legal dilemma caused by the imperfect technology and system of digital RMB can not be ignored, which may easily lead to loopholes exploited by criminals to launder money. Therefore, it is necessary to build a financial compliance system of digital RMB, improve the existing RMB management system on its legal regulation, adhere to the principles of“establishment going before abolition”and“big-picture and priority first”, so as to accelerate the construction of the function of digital RMB in anti-money laundering. 
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    Fei Mu’s Image Writing: A Distinct National Style
    NIE Xinru
    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 41-53.  
    Abstract65)            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. 
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    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 54-65.  
    Abstract78)            Save
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    Unnatural Narrative: An Uncertain Existence
    QIAO Guoqiang
    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 66-77.  
    Abstract116)            Save
        Jan Alber is one of the important western“unnatural narrative”theorists. Taking the “unnatural”concept in unnatural narrative as the starting point, an analysis of the normative nature of a concept category reveals some defects in the concept of unnatural narrative. In the construction of a new concept, narratologists should not just put together some concepts and terms on different levels and in different meanings. A concept or theory can have its own characteristics and value setting, but the premise is that the theoretical construction must have a clear set of connotation and extension, and should not employ a method of generalizing to another term casually, and make it an“uncertain”existence. Scholars concerned also have different views on the concept of unnatural narrative, with some of them even opposing it, which also indicates from the other side that the concept lacks a proper consensus. 
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    The Nature of Fiction: A Review of the Academic History of a Fundamental Problem
    TANG Xiaolin
    Journal of Shanghai University (Social Science Edition)    2023, 40 (4): 78-87.  
    Abstract89)            Save
        Fiction is one of the fundamental abilities that distinguish humans from animals. So far, most discussions of the nature of fiction have been confined to realism, institutional theory and communication theory as well as their complicated relations. Realism is to find out the real attributes in fictional objects or fictional narrative that distinguish them from real objects or factual narrative. These attributes are regarded as the nature of fiction. Institutional theory, on the other hand, attributes the nature of fiction to socio-cultural conventions. Based on the communication theory, the Double Framing Principle is of landmark significance in solving the nature problem since it reveals the nature of fiction and the composition of the fictional world in a thorough manner. The debate it has brought about is essentially the conflict between realism and institutional theory triggered under the perspective of communication theory. Therefore, how to deal with the internal logic among realism, institutional theory and communication theory and realize the integration of the three is an effective way to advance the discussion of the nature of fiction.
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