A contract of mandate, as a model of“acting on behalf of others,”is characterized by a nonadversarial interest structure between the mandator and the mandatary. A conflict of interest arises in a contract of mandate when the mandatary’s personal interests conflict with those of the mandator, resulting in the mandator not achieving the optimal benefits they could have expected. The Civil Code of the People’s Republic of China does not explicitly address conflicts of interest in contracts of mandate, necessitating clarification through legal interpretation. Normatively, conflicts of interest should not be subsumed under the duty of care or the scope of authority. Essentially, a conflict of interest constitutes a breach of the mandatary’s duty of loyalty and should be subject to Article 509, Paragraph 2 of the Civil Code regarding special fiduciary duties, and Article 919 concerning the duty of performance. In terms of legal remedies for conflicts of interest, generally, various levels of remedies such as compensation for losses, termination of the contract of mandate, and refusal to transfer the effectiveness of management actions can be employed. In special circumstances, when the mandatary obtains benefits exceeding the mandator’s actual losses due to a breach of the duty of loyalty, a purposive expansion of Article 927 of the Civil Code should be applied, based on the inhibitory theory of legal policy, to achieve the actual effect of disgorging profits.
The essence of human nature is the totality of social relations. The study of“relations”forms the foundation of all research in humanities and social sciences, a commonality shared by both Eastern and Western traditions. Theories such as Relational Power Theory, Actor-network Theory, and Social Capital Theory have directly or indirectly addressed the nature, structure, and function of“relations,”suggesting that relations invariably point towards special interests and are closely intertwined with power, resources, and capital. In recent times, however, the context of“relations”has gradually become more China-centric, often being replaced by the concept of“Chinese-style Relations,”particularly in overseas China Studies. Viewing Chinese society through the lens of“relations”reveals their pervasive influence on social hierarchies and realworld political interactions, giving rise to a form of“relational politics.”Nevertheless, a closer examination of Western societies shows that“relations”are equally ubiquitous in both international and domestic politics, with “relational politics”serving as a crucial analytical tool.
Abstract：Traditional villages, often regarded as "living fossils" of China's rich traditional culture, possess abundant natural resources. While tourism development generates material wealth, it also leads to the capitalization of space production and poses a crisis to cultural heritage within these villages. The real contradictions between tourism development and cultural protection, along with the material manifestations and spiritual absences under capital dominance, are evident in the landscape, institutional, and spiritual aspects of the cultural space in traditional villages. There is a coexistence of tourism-driven poverty alleviation and destructive spatial exploitation, a pursuit of operational profit alongside antagonistic spatial contention, and a conflict between the monetization of collective memory and the commodification of space. Scene Theory provides a theoretical basis for analyzing the causes of production tension within the cultural space of traditional villages. The aesthetic expression disorder in cultural landscape space, the entropy increase of identity recognition in cultural institutional space, and the value positioning disorder in cultural spiritual space lead to a lack of scene dynamics. To break free from the domination of capital logic and return to the essence of cultural affluence, achieving a true sense of cultural tourism in traditional villages is essential. This can be accomplished by empowering cultural landscape aesthetics with technology, ensuring genuine cultural life through fair institutions, and exploring the value of traditional culture through comprehensive human development, thereby promoting cultural revitalization.
In recent years, sports films have sparked widespread media attention and passionate discussions among audiences. In fact, since China began producing sports films in the 1930s, these movies have exhibited diverse facets and shifting narrative focuses across different historical periods and socio-political contexts. The narrative themes in Chinese mainland sports films have undergone a historical transformation, evolving through perspectives of revolutionary sports, people’s sports, humanistic sports, Olympic sports, and rejuvenation sports. This evolution mirrors the development trajectory of China’s sports industry and is closely intertwined with the country’s social transformation, reflecting the intricate connections between the body, sports views, and national development. Consequently, these films have cultivated a unique expression of China’ s distinctive sports culture and spirit, thereby constructing a sense of national identity.
Abstract：The aesthetic practice of early Shanghai cinema was primarily manifested in its localization strategies. Firstly, after the introduction of film technology from the West, early Shanghai filmmakers engaged in unique formal explorations and aesthetic practice through material selection, production, and screening. The overall construction and aesthetic orientation were imbued with the essence of traditional culture. Secondly, in the contest with the portrayal of the“other”in Western imagery, the early Shanghai directors consciously assumed the responsibility of constructing autonomous images and successfully created a series of new representations, such as those of farmers, petty urbanites, and women. Lastly, during the transition from hybrid spaces like teahouses to specialized cinemas, the early Shanghai cinema reflected the characteristics of the nation, society, and people in terms of culture, social structure, and psychological state during that unique period. These aspects constitute the three dimensions for examining the aesthetic practice of early Shanghai cinema: distinct localization, autonomy, and spatiality.
From the perspective of social systems theory, the construction of green ports requires balancing the various systems related to ports to achieve a harmonious integration of economic benefits and environmental protection. In China, green ports in a critical transition period have made progress in promoting clean energy applications, supported by a comprehensive, multi-level, and broad-ranging legal framework. However, the construction of green ports in China still faces legal challenges, such as insufficient legal provisions for economic incentives for shore power for ships, incomplete legal systems for regulating port and ship pollutants, and outdated evaluation systems for green port construction. Future efforts should focus on improving the legal system for economic incentives for shore power in green ports by promoting subsidy systems, emphasizing tax incentives, and exploring green financial investment and financing mechanisms. The legal supervision system for ship-source water pollutants in ports should be strengthened by optimizing joint supervision mechanisms and clarifying regulatory authorities for ballast water discharge control. The green port evaluation index system should be perfected by optimizing evaluation indicators and feasibility grading rules, so as to seek new paths of implementation and development for green port construction.
In the process of urban-rural integration, rural wedding ceremonies have undergone significant changes in both form and content. Based on semi-structured interviews and observations of villagers in P Village, eastern Henan Province, this study explores the taste change in rural wedding ceremonies. It finds that traditional rural wedding ceremonies aimed at cultural expression integrating form and meaning. However, with increased social mobility, cultural integration, and shifts in consumption patterns, the involvement of wedding planning companies has offered rural youth the opportunity to enhance their aesthetics and achieve self and social identity through the construction of“urbanite”imaginations. In the modernization of rural wedding ceremonies, visual consumption and experience have become central concerns for both hosts and participants. By imitating fashionable urban weddings, rural youth have achieved a superficial satisfaction of their desire for elevated taste. Nevertheless, due to differences in access to cultural capital, the“urbanite”imagination of the rural youth remains incomplete, and the aesthetic taste divide between urban and rural youth, as exemplified by wedding ceremonies, remains difficult to bridge.
In Economic and Philosophical Manuscripts of 1844, Marx elucidates his theory of alienated labor through the lens of private property, viewing communism as the positive abolition of self-alienation. In subsequent works such as The German Ideology, Capital, and its manuscripts, Marx shifts his focus to the historical evolution of labor’s objective and subjective conditions within the division of labor and work processes. By examining the historical relationship between labor and ownership, he further deepens and develops his early theory of alienation. Progressing from ownership systems to property rights, Marx ultimately reveals alienated labor as a product of the complete separation of labor and ownership under the capitalist wage labor system. He indicates that the path to eliminating alienated labor in future social development lies in reconstructing the unity of labor and ownership on the foundation of individual ownership based on social principles.
The collapse of the Soviet Union and the post-Soviet process have shown that the voluminous history of Russian literature compiled by scholars in the Soviet, much like the State itself, was a failure. On the contrary, works of the same type compiled by Slavic scholars in the Cold War era still have academic vitality, and The Cambridge History of Russian Literature (1989) edited by Professor Charles A. Moser at George Washington University is particularly influential. The literary history is pioneering in establishing a literary historical view that understands Russian literature within the context of imperial processes, constructing a framework that acknowledges Russian literature’s development under European cultural influence, and employing methods that recognize Russian literature through the lens of Russian cultural transformation. This kind of literary history, which surpasses the politically correct discourse of the West in the Cold War era, is beyond the scope of scholars in the Soviet limited to the official ideology guiding the compilation of literary history.
In the digital age, interconnected narratives based on original stories are becoming increasingly prevalent. Film and television production teams build upon those original stories that have gained audience acclaim by engaging in various forms of interconnected storytelling, such as sequels, interwoven narratives, and cross-media adaptations.“Linked domain”serves as the connection point between the new story and the original, representing the overlapping segments of both stories. This manifests in three primary ways: firstly, the continued use of characters from the original story; secondly, the temporal expansion of an event from the original story; and thirdly, the repeated use of the story’s spatial setting. A purely ethical dimension cannot form a“linked domain.”The multifaceted ethical orientation of interconnected works is primarily governed by the dual forces of audience interest and narrative subject orientation. Interconnected
Franco Moretti has advocated“distant reading”to promote his concept of“world literature”in recent years. In Atlas of the European Novel：1800-1900, he proposes moving towards a form of literary geography, more precisely, literary cartography. Moretti argues that maps can reveal the hidden connections between geography and literature, allowing readers to see in literature what was previously unseen. His mission to conduct micro-quantitative analysis of literature through maps is obviously influenced by Peirce and Braudel. His typical examples of distant reading include reading Jane Austen’s Pride and Prejudice through Charles Booth’s map of London, and reading Balzac’s Lost Illusions through Robert Parker’s map of Paris. In Distant Reading, Moretti suggests that distant reading allows readers to focus on units much smaller or larger than the text, such as methods, subjects, rhetorical techniques, or genres and systems. Different from the tradition of“close reading”in Anglo-American literary criticism, distant reading uses quantitative analysis to interpret the interaction of categorical factors and various formal elements within massive text corpora, thereby constructing a kind of“digital humanities.”To a large extent, it can also be seen as a legacy of poststructuralism’s proclamation of the disappearance of the subject.
社会主义女性主义电影批评是近年来中国女性电影批评中出现的新潮，它反对欧美女性主义理论话语霸权，强调对中国社会主义妇女解放运动进行重估，以确认一种不同于西方模式的本土社会主义女性主义，由此开展对社会主义女性主义文化实践即社会主义时期女导演电影的重读，并将其定义为社会主义女性主义电影。与社会主义女性主义电影批评相似的女性主义本土化批评最初源于文学批评，很快也进入电影批评领域，二者建立本土女性主义概念的共同目标使它们有汇合的趋势，共同构成当下中国女性电影批评一个新的发展方向。
The foreign-related rule of law system is an important component of the socialist legal systemwith Chinese characteristics. As the bridge and link between domestic rule of law and international rule of law,the foreign-related rule of law is based on the specific practice of building a rule of law in China and is also related to the stability and development of international rule of law. The foreign-related rule of law system encompasses a complete set of foreign-related laws and regulations, an efficient implementation system for foreign-related rule of law, a well-established system of legal services for foreign-related matters, and an open system for integrating foreign-related rule of law. The system embodies extensive involvement and strong interconnectivity in the work of foreign-related rule of law, which are its basic characteristics. The construction of the foreign-related rule of law system requires effective safeguard mechanisms, enhanced development of a specialized talent training system, and the building of an independent knowledge and discourse system supported by international law. These are the driving forces for constructing and improving the foreign-related
rule of law system.
An important guiding principle of the revision of the Arbitration Law of the People’s Republic of China is to coordinate the advancement of both domestic and foreign-related rule of law. A pressing issue is how to continually optimize the business environment and create international arbitration centers and first-class arbitration institutions through legislative amendments. Compared with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration, the Arbitration Law of the People’s Republic of China still has institutional
shortcomings in areas such as the seat of arbitration and ad hoc arbitration. The unclear positioning of arbitral institutions further hinders the improvement of China’s arbitration system. Additionally, the indeterminate interim measures and judicial review standards weaken the international competitiveness of Chinese arbitration. Therefore, the revision of the Arbitration Law of the People’s Republic of China should not only align with international standards to accelerate institutional improvement, but also clarify the legal status of arbitration
institutions and loosen restrictions on their development. Moreover, it should be based on China’s actual situation to improve the standards for interim measures and arbitration enforcement under the bifurcated
system, thereby assisting in the construction of foreign-related rule of law.
Abstract：By focusing on three key aspects—ghostly media, dialectical images, and the phantasmagoric mechanism—this discussion proposes a“new discourse”on the phantasmagoria of“old media”from the perspectives of media archaeology, image epistemology, and optical mechanism. As a dispositif of“images and bodies”without a specific media form, phantasmagoria has deep roots in media archaeology and numerous contemporary manifestations. In the evolving landscape of new media, the phantasmagoric optical mechanism unique to phantasmagoria has not been given sufficient attention. It is precisely this unconscious optical mechanism that defamiliarizes spatial forms and embodiment issues, thereby disrupting existing media classifications and forms of artistic representation. Moreover, it introduces dialectical inspiration from various aspects, including spiritual metaphors, sensory stimulation and manipulation, image epistemology, and the integration of realism and imagination, thereby enriching the discourse system of image typology and image dispositif.
After the outbreak of the full-scale War of Resistance against Japanese Aggression, the Eighth Route Army advanced into Shanxi and established a base behind enemy lines, playing a strong role as a “revolutionary fortress”in the protracted war of resistance across North China. This was reflected not only in the creation and utilization of armed forces, primarily through mountain guerrilla warfare, but also in the construction of political power in the base area under the special relations of the united front featuring “independence within the united front,”which provided fundamental political guarantees for the deepening of the resistance behind enemy lines. Moreover, the Communist Party of China (CPC) engaged in public publicity, and mobilized and organized the masses in such a way that they laid a broad social foundation for achieving the revolutionary goals of“utilizing natural mountains”and“creating artificial mountains”within the Shanxi base area. By comprehensively integrating and localizing the trinity of armed forces, political power, and the people,the CPC was able to penetrate deep behind enemy lines and, at the same time, use these areas as a base to conduct mountain guerrilla warfare. This demonstrated the intrinsic mechanisms and practical logic of the base area resistance and opened up new possibilities for the reconstruction and transformation of the mountainous society in the base areas during the war.
“Public sentiment”is a core concept in national governance. Understanding its dimensions and generative mechanism constitutes a necessary framework for comprehending China’s governance. By reviewing the traditional political cultural roots of“public sentiment”and modern political thought, this article presents an operational definition of“public sentiment,”its measurements based on a“problem-phenomenon” approach, and a theoretical model of“policy-conception-communication”generated by these measurements. Analysis of 4,203 questionnaires reveals that“public sentiment”encompasses five dimensions: satisfaction with national governance, party recognition, ethical government, fulfillment of material needs, and fulfillment of safety needs. It is highly correlated with the evaluation of the legitimacy and effectiveness of national governance, as well as with government trust, and has a significant functional effect on national governance behavior. The generation of“public sentiment”is significantly positively influenced by traditional political culture, national identity, sense of policy benefit, political thinking, consciousness of the Chinese national community, spirit of sacrifice, prosocial ideas, confidence, government information, and trust in government information. Conversely, it is significantly negatively influenced by the ultimate view in Confucianism, materialism, awareness of equality, and scientific attitudes. Notably, factors such as the sense of policy benefit, sources of government information, and trust in government information produce notable moderating effects.
One of the most important traits of Romanian fiction films released during the 1960s is their emphasis on leisure and moderate consumption, their enthusiasm for industrialization and urbanization, their reflection of a socialist society which gives its citizens the opportunity to have a decent standard of living — in brief, an emphasis on the many facets of socialist modernity. The 1960s are, indeed, for socialist Romania a period characterized by prosperity and a relative openness towards Western influences. One such influence is that of Western modern cinema. This paper reflects upon the clash of values inherent in Romanian modern cinema of the 1960s; infused by anxieties prevalent in the other, Western modernization project, as they were reflected in Western cinema, Romanian modern films present an ambiguous and self-critical version of socialist modernity, which in some cases was harshly sanctioned by Romanian film officials and state apparatchiks.
