2024 Vol.41

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    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.  
    Abstract97)            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.
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    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.  
    Abstract66)            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.
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    Infrastructure for Generative AI Governance
    YUAN Zeng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 28-39.  
    Abstract70)            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,

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    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.  
    Abstract58)            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.
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    Global Narrative and Sinological Question Awareness
    HUANG Zhuoyue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 56-73.  
    Abstract70)            Save
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    “Post-Humanism”Turn in the Contemporary Literature and Art Theory: A Study of the Shift from“Human Nature”to“Thingness” 
    LUO Chonghong
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 74-86.  
    Abstract57)            Save
    Contemporary Chinese literature and art theory started from the reflection on the issue of
    “human studies”. During this process, concepts of“human nature” and“new enlightenment” gained
    momentum, which marked the formation of humanistic theoretical trend. However, in the middle and late 1990s,
    with the translation and introduction of some new concepts from the West, such as theory of the body, theory of
    events, speculative realism and thingness, humanism in contemporary Chinese literary and artistic thought was
    gradually replaced by post-humanism. From the perspective of the internal logic of literary theory deduction,
    the shift from humanism to post-humanism can also be seen as the shift from the constructivism of subject and
    object dualism between humanity and object (linguistic theory) to the materiality theory of human and object
    integration and intercommunication (anti-linguistic theory), which provides opportunities and possibilities for a
    new round of transformation of contemporary Chinese literature and art theory.
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    Analysis of the First Round of“De-dramatization”in Chinese Films’ Conceptions towards Performance 
    LI Zhenlin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 87-95.  
    Abstract64)            Save
    The history of film performance in any country starts with the inheritance of drama. However, as
    film performance develops to a certain maturity, cognitive diversities will arise concerning similarities and
    differences between film orientation and dramatization, to the extreme of“de-dramatization”trend. The
    formation of the first round of“de-dramatization”in Chinese films’conceptions towards film performance,
    together with attendant offensive and defensive viewpoints, constituted the basic ways of thinking and
    approaches in the game between cinematic and dramatic performances. Instead of a zero-sum game, it was more
    of a complex entanglement. In spite of antagonistic positions, they absorbed each other’s beneficial“nutrients”
    in practice, indicating a relationship of two-way penetration and transformation.
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    Serene Mind for Natural Beauty: Film Performance Aesthetics from the 1990s to the Early 2000s 
    FENG Guo, HAN Hongbin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 96-104.  
    Abstract48)            Save
    The 1990s and the early 2000s, a period of great social changes, witnessed a unique aesthetic
    style in screen performance: serene mind for natural beauty. This aesthetic tendency was a restoration and
    renewal of Laozi and Zhuangzi’s (Taoist) aesthetics, aspiring for the beauty of naturalness. Compared with
    Confucian aesthetics which emphasizes moral analogy, it focuses more on the natural state of external
    appearance and inner spirit. Situated in such a transitional period rife with diverse and changing outlooks on
    value, the urban youth performers took on a spontaneous and natural way of character shaping and performance
    paradigm as a result of the collision between their inward reflection and traditional roots. Therefore, although
    they did not represent the mainstream social values, they took things as they were to express emotions and make
    value choices.
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    Games, Science Fiction and Metaverse: Image Construction of a Community of Shared Future 
    KONG Lingshun, PENG Tingting
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 105-117.  
    Abstract87)            Save
    The conceptual evolution from“a community of shared future for mankind”to“a community of
    shared future”marks a step beyond anthropocentrism. A community of shared future is not only a community of
    reality, but also a community of imagination. This kind of imagination, is not fabricated out of nothing, but based
    on image communication and construction. A community with images as carriers goes beyond the limitation of
    time and space, and even takes the integrated form of game, science fiction and film game, thus further
    constructing a“surreal”image metaverse. Although virtual community, distinctive of“boundary breaking”,
    gains a kind of spiritual freedom that is not limited by time and space, it poses new challenges to national
    security concepts.
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    How Resource-dependent Social Organizations Obtain Autonomy While Engaging in Community Micro-Governance  —A Case Study of Organization Y in Shanghai
    WANG Qinghua, BAI Lei
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 118-149.  
    Abstract0)            Save
    The autonomy of China’s social organizations is restrained due to their resource dependency on
    other stakeholders, especially governmental bodies. Previous studies focus on the interpretation and operation of
    the autonomy of social organizations in terms of their finance, personnel, and structural development planning,
    leaving much to be discussed concerning their autonomy in the process of business activities and the differences
    between different types of autonomy. A case study of the autonomy of the organization Y in its engagement in
    community micro-governance finds that it followed different logic of autonomy while interacting with different
    stakeholders. Specifically, when interacting with street offices on which its resources highly depended, Y
    adopted an“above-the-bottom-line compliance”strategy to manage its level of dependence and obtained
    autonomy by sticking to the logic of being professional. When interacting with a variety of other stakeholders
    located in the community, Y adopted a“manipulative”strategy
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    Evaluation of Family Importance in a Comparative Framework:Rethinking the Theory of Individualization 
    HU Anning
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 118-134.  
    Abstract84)            Save
    The individualization theories about family, which is the basic social unit, present the
    “restriction proposition”and the“protection propositions”from the perspective of“dis-embedding”and“reembedding”
    respectively. The former regards family as an institutional restrictive mechanism in the process of
    individualization process while the latter views family as a protector of individuals from various risks. Based on
    these two propositions, this study uses a variety of methods to analyze the survey data of the World Values
    Survey. The results show that individualized attitudes have no significant explanatory power for the differences
    between the importance of family and the importance of friends, although it decreases the perceived importance
    of both family and friends. Between family and work, as well as between family and leisure time, individualized
    propensity encourages one to assign greater importance to work and leisure time. These findings suggest that the
    impact of the individualization process on the family system is only one case of its general impact on social
    aggregations. In addition to its impact on family, the process of individuation has implications for other
    mechanisms of assemblage, such as friendship. Moreover, individuals with better family financial status assign
    more importance to friends and leisure than to family although they assess the importance of family in
    accordance with its financial capability to protect one from the risks in life. Therefore, a family with good
    financial status can be a promoting factor for individuals to engage in the individualization process.
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    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.  
    Abstract36)            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.
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    Protection Paths of Data Criminal Law: Differences and Solutions
    LIN Yujia
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 15-28.  
    Abstract32)            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.
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    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.  
    Abstract23)            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.
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    Film Duration: The Role of Audience Attention in the Perceptual Construction of Film Time
    XIE Shisi
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 40-52.  
    Abstract24)            Save
    The perception of film time is an important issue in film studies, and film duration is a typical perceptual experience of film time for the audience. Deleuze discussed the time duration of images, but he did not analyze the dynamics of its occurrence from the  perspective of the audience’s consciousness activity; back    to the reality of film viewing, the audience’s attention plays a fundamental role in the emergence of film duration. In principle, films take advantage of the phenomenon of time duration to visualize the duration, while the audience’s attention constructs and reveals the experience of film duration through time delays.
    Specifically, long shots take the movements of actions, relationships and situations as clues to create images of duration, while the audience’s attention constructs the experience of duration by participating in the simultaneous presence of many states of life; the static narrative in the film uses slow-paced daily routines with white space as forms of expression to create images of duration, while the audience’s attention captures the sense of duration in the repetition of states of consciousness.
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    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.  
    Abstract41)            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.
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    Two Faces of Interactive Narrative: The Return of Authorship in Video Game Narratives
    ZHANG Cheng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 67-79.  
    Abstract21)            Save
    The video game industry is rapidly developing and becoming another important narrative medium after printed text, film,     television, etc. With the development of new media platforms, classical narrative theory is in need of paradigm updating in the face of new types of texts. The authorship in video gamenarratives is taken as the theme, and the roles of author and player as two subjects in game narratives are   discussed in a narratological approach. Firstly, the development of narrative paradigm and the necessity ofincluding games in narrative research is presented; then the illusion that“the author is dead”in game works is
    analyzed, pointing out that the author, the creator of fictional world, is hidden behind the algorithm in games; finally, the author’s control over the player and the work is discussed, who is believed to return to the game narrative by giving the player the freedom to be controlled.
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    Impact of Overseas Economic and Trade Cooperation Zones along the “Belt and Road”on the Economic Growth of Host Countries and Its#br# Mechanism
    ZHANG Henglong, TIAN Congying, SONG Houlin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 80-94.  
    Abstract33)            Save
    Overseas economic and trade cooperation zone is not only a critical undertaking point of jointly building the“Belt and Road Initiative”(BRI), but also an important platform to promote Chinese enterprises to “go global”with high quality. How to evaluate the construction of cooperation zones is of great significance of reference to the study of the effect of China’s BRI and the practical effect of the zones. Based on the sample data of 60 countries along the“Belt and Road”, this paper empirically analyzes the influence of overseas economic and trade cooperation zones on the economic growth of the host countries and its internal mechanism by using the progressive difference in differences method, and analyzes the heterogeneity of the economic characteristics of the host countries and the types of cooperation zones. The results show that, firstly, the establishment of
    overseas economic and trade cooperation zones can significantly promote the economic growth of host countries.
    Among them, the inflow of foreign investment and the scale of trade play an intermediary role to some extent.
    Secondly, overseas economic and trade cooperation zones have heterogeneity in promoting the economic growth
    of the host countries, and have stronger economic boosting effect on countries with a lower income level and poor
    business system.

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    From Conformance to Creation: The Paths and Strategies of Social Enterprises to Gain Organizational Legitimacy: A Longitudinal Case Study
    XU Yanfang, ZHU Chunling, ZENG Meng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 95-110.  
    Abstract17)            Save
    Based on the institutional theory and the strategic view of organizational legitimacy, we conducted a longitudinal case study to explore the paths and strategic choices of social enterprises to achieve organizational legitimacy. We traced Justering’s entire entrepreneurial process and analyzed its organizational actions and strategies at different stages from a dynamic perspective. It is found that Justering, as a social entrepreneurial enterprise, adopted passive strategies such as complying with the environment out of the external institutional pressure during its founding and early stages to acquire regulatory, moral and practical legitimacy. During the growth and maturity stages, Justering adopted active strategies such as creating favorable environment to enhance moral and practical legitimacy, and gained cognitive legitimacy through establishing  strategic alliances, delivering public presentations, acquiring third-party certification, and driving growth of the sector. 
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    The Socialist Ideological Reform of Rural Cadres in the Early 1950s: Centered on Party Building in Rural Areas
    HE Zhiming
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 111-123.  
    Abstract18)            Save
    After the end of land reform in the early 1950s, China’s rural economy ushered in socialist reform through mutual assistance and cooperation movement. As a complex and systematic project, socialist reform involves not only fundamental change of the forms of ownership, but also ideological adjustment of peasants to socialism. The premise of achieving this goal is that, first of all, the ideological reform aimed at the key groups in the countryside — CPC admission activists and rural cadres. After the land reform, Party building in rural areas was carried out. By means of Party building training courses, absorbing Party members and establishing and giving full play to Party branches in the mutual assistance and cooperation movement, socialist ideological reforms of the activists and rural cadres were conducted. The quick ideological change of this group laid an important foundation for the smooth completion of the socialist agricultural reform later on. 
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    Reconstructing the Legitimacy of Editorials: An Examination of the Relationship Between the Press and Politics in the Early Republic of China
    ZHOU Yefei
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 124-134.  
    Abstract22)            Save
    After the founding of the Republic of China (1912-1949), boredom and frustration with republican politics pervaded the public opinion. The disappointment with the republican government showed that the republic still occupied an important place in the political and cultural life of the intellectuals, and therefore, the way to reshape and recreate the republic constituted the problematic consciousness for the people of that age. The re-creation of the republic not only referred to a political practice, but also brought out a new understanding of the relationship between the press and state affairs in terms of the history of the press. The function of the editorials in the press had certainly been questioned and reflected upon. However, at the same time, the intellectuals tried to create new forms and language styles of editorials to reconstruct the relationship between the press and republican politics.
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    Suspended Noumenon or Ontology: The Narrative Principles of Classical Poetic Discourse
    JIANG Yuqin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 135-146.  
    Abstract18)            Save
    Abstract:The discourse of Chinese classical poetics is mainly constructed around the axis of poetry creation and appreciation, while the questions concerning the origins of poetry, such as what is poetry and where poetry originates, are basically not directly dealt with. This feature does not indicate that ancient poetic theorists lack ontological consciousness, but that the ontology of Chinese poetry has always been closely related to“Tao” or“Qi”in philosophy. Therefore, in describing this aspect, most of them can only follow the principles that “great music has the faintest notes”and“great form is beyond shape”. This means that the understanding and interpreting classical poetic discourse should not focus on the surface of words, but penetrate into its deep
    philosophical structure. Based on this understanding, the present paper attempts to decompose and restore the formation of classical poetic discourse during its foundation period from the perspective of theoretical narration, and therefore, to explain that classical poetic discourse is a suspended ontology from its beginning, or a special structural system that is consciously expressed through emptying logic source. 
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