Loading...

Table of Content

    15 March 2025, Volume 42 Issue 2
    Understanding and Applying Divorce Damage Compensation System : Issues and Challenges  — From the Perspective of the Interrelation Between Marriage and Family Part and Tort Liability Part of the Civil Code
    XIA Jianghao
    2025, 42(2):  1-14. 
    Asbtract ( 70 )  
    Related Articles | Metrics
    China’s Marriage Law, as amended in 2001, introduced provisions on divorce damage compensation, which the Civil Code has retained while adding a catch-all clause. In legal theory, divorce damage compensation is generally categorized into two types: cause-based damage compensation and divorce based damage compensation. From a theoretical perspective, both types face insurmountable theoretical difficulties. From a comparative law perspective, while China referenced legislative examples of divorce-based damage compensation, it paradoxically enacted provisions for cause-based damage compensation. Moreover, in jurisdictions that adopt cause-based damage compensation, establishing an independent divorce damage compensation system appears redundant. From a judicial practice perspective, courts have rendered significantly divergent judgments on several crucial issues concerning the application of divorce damage compensation system. Given these circumstances, when addressing the complex issues in understanding and applying divorce damage compensation, attention should be paid to coordinating the relationship between divorce damage compensation and divorce property division. Furthermore, when the divorce damage compensation system fails to function effectively, protection of parties’legitimate rights and interests can be achieved through recourse to general tort liability principles.
    Selecting a Criminal Law Model for Non-Personal Data Protection in the Era of Digital Economy
    JIANG Haiyang
    2025, 42(2):  15-32. 
    Asbtract ( 54 )  
    Related Articles | Metrics
    In the era of digital economy, there are divergent views regarding the criminal law protection model for non-personal data. The debate over whether and how to establish data rights significantly influences the selection of a criminal law protection model for non-personal data. Despite differing perspectives between proponents and opponents of data rights establishment, there is a consensus that data property rights should possess only limited exclusivity. This consensus is driven by factors such as preventing excessive protection of data holders, averting monopolization in data-driven markets, and avoiding legal overlaps and conflicts. The
    inherent openness of the Internet dictates that publicly available non-personal data does not require criminal law intervention for protection. Given the limited exclusivity of data property rights and their characteristics as production factors, coupled with the need to avoid disproportionate punishment, traditional property crime provisions are inadequate for protecting non-public non-personal data. In the absence of clear preliminary legislation defining data property rights, creating new intellectual property-like criminal offenses may not be the optimal solution. Currently, maintaining the existing data crime framework appears to be a more rational approach. Meanwhile, exceptions and limitations to data property rights should be promptly transformed into extra-statutory grounds for justification in the criminal law protection of non-personal data. Given the public goods characteristics of data, both data collections and data products are subject to extra-statutory grounds for justification.
    Three Sources of Constructing Sublime Aesthetic Discourse in the Research of“Seventeen-Year”Cinema
    REN Huadong, LIU Fan
    2025, 42(2):  33-45. 
    Asbtract ( 67 )  
    Related Articles | Metrics
    The sublime stands as one of the core aesthetic discourses in contemporary academic research on“Seventeen-Year Cinema”(1949-1966). The semantic generation and discursive practice of the sublime in this context derive from three primary sources: first, the introduction and integration of Western sublime theories with China’s existing sublime discourse and cultural traditions that emphasize ethics and morality; second, the ideological recognition and explicit pursuit of film art’s uniqueness and significance; third, the aesthetic shaping of“generalized heroic imagery”centered on workers, peasants, and soldiers. While Chinese academia inherited the“moral transcendence-pleasure dimension”from both Western theories of the sublime (notably Kant’s) and traditional Chinese aesthetic culture, it significantly diminished the“aesthetic form-pain dimension.”This trend resulted in a“one-dimensional semantic state”marked by an“excess of pleasure”and an“insufficiency of pain,”thereby establishing a significant divergence from the Western conception of the sublime, which is characterized by“dual-dimensional heterogeneity and transformation.”
    Film Geography: An Interdisciplinary Research Progress
    WU Yanfang, ZHOU Chuanyi
    2025, 42(2):  45-60. 
    Asbtract ( 84 )  
    Related Articles | Metrics
    Film geography, which emerged in the mid to late 1980s, has since accumulated a substantial body of literature including monographs, paper collections, introductions, and reviews. It has evolved into an emerging disciplinary branch primarily centered in European and American countries, focusing on the geographical dimensions of film media. This field primarily investigates the representation of space, place, and landscape in films, along with related discourse systems such as gender culture and geopolitics. It also examines the economic structures of film production and consumption, and their relationship with geographical reality. While China’s cross-disciplinary research combining film studies and geography began almost simultaneously with Western developments, its research focus differs significantly, demonstrating considerable autonomy and distinctiveness. In the current context of cultural exchange and mutual learning, these differences present rich opportunities for interaction, integration, and intellectual exchange.

    Simulating“Emotions”: Intelligent Interaction Practices Based on Sora and Reflections on“Simulacra”
    WANG Qingchuan, GUO Wanjun
    2025, 42(2):  61-72. 
    Asbtract ( 54 )  
    Related Articles | Metrics
    The vision of Sora as a world simulator further demonstrates the power of AI technology. It enables both physical simulation of human bodies and the construction of ideal self-representations to be uniformly accessible to all individuals, establishing the material foundation for social interaction. Through situational perception, emotional computation, and contextual adaptation, individuals can interact seamlessly within AI-constructed environments. In the broader social sphere, intelligent emotions function as intermediaries between interpersonal and societal interactions. The intelligent emergence of scenarios facilitates the activation, circulation, and sharing of individual emotions in recursive interaction rituals, ultimately fostering the creation of a digital“home.”However, as intelligent emotions are fundamentally technologically crafted artifacts, their entry into the communication domain as entities transcending the“Other” may trigger a crisis of“simulacra”: human emotions risk becoming detached from their original individual experiences and social structures, transforming into symbol systems subject to capture, calculation, and manipulation. In this“hyperreal”world, communication might confront potential challenges including“liquid relationships,”“manipulated emotions,”and the“disappearance of the Other.”
    The Impact of Generative Artificial Intelligence on Video Production: A Case Study of Sora Text-to-Video Model
    JIANG Bo
    2025, 42(2):  73-84. 
    Asbtract ( 70 )  
    Related Articles | Metrics
    The best way to understand intelligent technology is through a technical perspective. Faced with the deep integration of generative artificial intelligence (AI) technology in video production, we must embrace the insights brought by intelligence with an open mindset. The emergence of Sora as the latest representative of text-to-video models has extended the influence of generative AI technology from the realms of text and images to the video industry. Sora brings innovation to video production through scene creation, shot composition, and visual storytelling, accelerating the development of a“video-centric society”by leveraging computational power and logical insights. In response to the changes brought by intelligent technology, it is imperative to move beyond the notion of“AI-induced unemployment”and embrace digital consensus to address the challenges of intelligence. Strengthening human-machine collaboration, fostering new forms of productivity, enhancing industrial cooperation, and cultivating talent support are essential to maintain strategic initiative in the intelligent development of the video industry.
    Exploring Rating Systems for Micro-Dramas and Regulatory Pathways for Their Distribution
    YAN Xingyu
    2025, 42(2):  85-96. 
    Asbtract ( 48 )  
    Related Articles | Metrics
    Micro drama represents an innovative digital audiovisual format that has evolved from short form videos, incorporating elements of both short-form and long-form content. Recent years have witnessed a significant increase in both production volume and associated challenges, highlighting the necessity for early standardization of production and distribution pathways to foster high-quality development. In response to the challenges posed by high production volume and content review complexities, foreign film and television rating systems offer valuable reference for addressing current regulatory issues in micro-drama. The implementation
    of a rating management system holds practical significance across multiple dimensions: promoting healthy psychological development among minors, accommodating diverse aesthetic preferences across age groups, encouraging creators’individual creativity, establishing sound social values, and ensuring sustainable high quality development of the medium. The proposed practical framework encompasses four classification levels: General Audience, Guidance, Special Guidance, and Restricted. This system operates through a three-stage management approach—pre-production, production, and post-production—effectively regulating target audiences and distribution channels while optimizing traffic allocation and commercial models under the rating
    framework. Such systematic regulation aims to promote both standardization and diversification in micro-drama development.
    Philosophical Reflections on Three Frontier Issues of Digital Labor
    PANG Yuehui, DING Yi
    2025, 42(2):  97-107. 
    Asbtract ( 61 )  
    Related Articles | Metrics
    In the modern society, driven by the tremendous advancement of information communication and artificial intelligence technologies, we have entered the digital era, which has triggered significant new transformations in social labor patterns, giving rise to digital labor forms supported by digital platforms. While these new forms of digital labor significantly drive innovations in social life patterns and production modes, they also bring new explicit and implicit contradictions into life and production, necessitating urgent theoretical analysis of digital labor. Grounded in deep insights into the evolutionary trajectory of digital labor, a
    philosophical examination reveals three frontier issues: the manifestation of digital labor subjectivity, the diversification of digital labor values, and the existence of digital labor alienation. The analysis aims to rationally grasp the essential characteristics of digital labor and continuously enhance its optimization effects. The findings contribute significant academic value to deepening theoretical understanding of social labor while carrying profound practical implications for proactively advancing labor innovation and fostering the development of new quality productive forces.
    Social Risk Governance in Alignment with Chinese Modernization:
    Functional Cohesion of Social Order Elements and Model Construction
    HU Ruijun
    2025, 42(2):  108-123. 
    Asbtract ( 53 )  
    Related Articles | Metrics
    The increasingly prominent complexity of risks poses new challenges to existing concepts and practical models of risk governance, calling for adaptive optimization and adjustments in alignment with the fundamental requirements of Chinese path to modernization. Constructing an ecological political model for social risk governance may represent a pioneering new path. Its logical foundation is grounded in historical imprints, theoretical validation, and practical necessities. The construction pathway, based on principles of social order and drawing from ecological rules projected as natural laws, involves infusing ecological content

    into social order elements and achieving their functional integration: regarding carriers of order, developing ecological organizations and enhancing their self-purification and self-repair capabilities; concerning norms of order, strengthening the resilience and flexibility of ecological institutions; and in terms of power of order, reinforcing the ecological power’s growth objectives, development paths, and growth momentum guidance.

    From“Teaching Chinese as a Foreign Language”to“Global Development of Chinese Language”: An Examination of the Conceptual
    History of“International Chinese Education”
    HU Fanzhu, GUO Yedan
    2025, 42(2):  124-140. 
    Asbtract ( 71 )  
    Related Articles | Metrics
    The large-scale social movement of“promoting Chinese language globally”has evolved in tandem with China’s reform and opening-up policy’s principle of“learning from the world.”Indeed, the genuine international dissemination of Chinese language would not have been possible without authentic reform and opening-up. Language dissemination inherently correlates with human interaction, just as language development intrinsically connects with social progress. Since the 1980s, the field of Chinese language
    education has witnessed remarkable growth, accompanied by a significant evolution in terminology: from “Teaching Chinese as a Foreign Language”to“International Chinese Language Education,”and subsequently to today’s“International Chinese Education.”This progression from foreign to international, and from teaching to education signifies more than mere semantic change—it represents a fundamental conceptual transformation. Nevertheless, considerable ambiguity persists within academic circles regarding the true scope and implications of International Chinese Education. To address this, we must establish two fundamental principles. First, International Chinese Education should be recognized as a form of education that fosters international understanding, conducted on a global scale, with Chinese as its medium and global governance as its guiding principle. Second, we need to develop and embrace the concept of“global development of Chinese language”by moving beyond the traditional focus on teaching and education alone. This approach advocates advancing Chinese language development through global language use, language services, and language knowledge production. This development is pursued through Chinese-foreign collaboration within a framework of global development. The path forward entails a reciprocal relationship where the global development of Chinese
    language and continued reform and opening-up mutually reinforce each other, ultimately contributing to both global development and Chinese language advancement.