Table of Content

15 November 2023, Volume 41 Issue 1

Previous Issue   

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

2024, 41(1):  1-13. 

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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.


Phase Transformation: How the Mode of Production Shapes the  Property Rules 

HU Ling

2024, 41(1):  14-27. 

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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.


Infrastructure for Generative AI Governance

YUAN Zeng

2024, 41(1):  28-39. 

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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,



Deterritorialization, or Tribalization?—Traveling Theory of Today’s Humanities in English Language#br#

LIU Kang

2024, 41(1):  40-55. 

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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.


Global Narrative and Sinological Question Awareness

HUANG Zhuoyue

2024, 41(1):  56-73. 

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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

2024, 41(1):  74-86. 

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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.


Analysis of the First Round of“De-dramatization”in Chinese Films’ Conceptions towards Performance 

LI Zhenlin

2024, 41(1):  87-95. 

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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.


Serene Mind for Natural Beauty: Film Performance Aesthetics from the 1990s to the Early 2000s 

FENG Guo, HAN Hongbin

2024, 41(1):  96-104. 

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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.


Games, Science Fiction and Metaverse: Image Construction of a Community of Shared Future 

KONG Lingshun, PENG Tingting

2024, 41(1):  105-117. 

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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.


Evaluation of Family Importance in a Comparative Framework:Rethinking the Theory of Individualization 

HU Anning

2024, 41(1):  118-134. 

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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.


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

2024, 41(1):  118-149. 

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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