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    Revision of the China’s Arbitration Law from the Perspective of Foreign-related Rule of Law
    FENG Shuo
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 13-24.  
    Abstract217)            Save

    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.

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    Holistic Alignment Based Technological Diffusion: The Debate Between Open-source and Closed-source Large Language Models
    GAO Qiqi, ZHANG Haomiao
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 84-97.  
    Abstract128)            Save

    The open-source versus closed-source debate surrounding large language models (LLMs) is a significant point of contention, primarily focused on issues of efficiency, security, and principles of equality and democratization. The motivation for open-sourcing LLMs stems mainly from the unique market advantages and economic benefits they offer, as well as the idealistic pursuit of developers who advocate for technological equality and democracy. However, open-sourcing LLMs also pose several challenges, including economic benefit, societal acceleration, and social security challenges. Addressing the latter two challenges requires

    human society to respond in two ways: firstly, by using appropriate levels of closed-source strategies to buffer the speed of technological diffusion, and secondly, by aligning technology to ensure large models are constrained by societal rules. Alignment of LLMs should be holistic, encompassing graded alignment, dual alignment between humans and LLMs, and alignment across the entire production process of LLMs. The mechanisms for achieving this include transparency mechanisms and negotiation mechanisms.

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    The Art of Urban Space and Its“Skin”Aesthetics
    ZHAO Yiheng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 132-142.  
    Abstract100)            Save
    Architecture, often viewed as the most conspicuous human art, adorns public spaces with meaning and embodies the philosophical and cultural spirit of its era. It is the essence of what makes a city unique. Therefore, the study of the art industry must include an exploration of the artistic attributes of urban space. In postmodern architecture, it can be observed that walls increasingly differentiate into two layers, with the outer“skin”playing a significant role in the artification of urban spaces. Due to the  advancements in contemporary technology and culture, urban designers and architects now have greater freedom to express their
    artistic creativity. Guided by postmodern semiotic aesthetics, the shaping of urban spaces has become highly individualized. This individualization allows for a more flexible approach to addressing the two major metadesign challenges: incorporating ethnic style and integrating high and low culture.
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    Clarifying the Misunderstood Law of the Value in Modern Cultural Commodities: A Marxist Economics Analysis
    YANG Yi, HE Haohao
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 100-114.  
    Abstract94)            Save

    The law of value in modern cultural commodities is not only a primary issue to be considered by scholars of cultural economy, but also a thorny issue that has long been misunderstood. Given the popular views that the amount of value of cultural commodities is determined by the individual labor time, and that the price is not determined by the amount of value, the value and price of cultural commodities are shrouded in the mist of agnosticism. Therefore, it is urgently necessary to take the principles of Marxist economics as a logical starting point and follow the materialistic rationale of“production method-value content-price mechanism”to clarify and reinterpret this issue. Specifically, firstly, when examining the  relationship between the value of cultural commodities and labor, concrete labor should be completely transformed into abstract labor, complex labor into simple labor, and individual labor into social labor. Secondly, the cultural blueprint should be regarded as intellectual objects similar to land, so as to examine the process of production of cultural commodities. Thirdly, the calculation of the value of cultural commodities should be based on the socially necessary labor time for the production of a specific use value at the time of exchange, and the value of physical goods should be calculated based on the time required to produce a specific use value. Thirdly, the calculation of the amount of value of cultural goods should be based on the socially necessary labor time for the production of a specific use value at the time of exchange, and the principle of value formation differs between physical goods and service goods. Fourthly, under the conditions of a developed market economy, the law of value can be expanded into a constraint that determines the rate of profit and the amount of labor for a particular type of cultural good and for the cultural production sector as a whole.

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    A Data Rights Theory and Regulatory Framework Oriented towards Data Element Circulation
    BAO Kun
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 34-54.  
    Abstract129)            Save

    It is imperative to construct a theoretical foundation and regulatory framework for data rights that meets the developmental requirements of the data factor market. According to domestic and international literature, the knowledge graph of data rights reveals a trend of integration between data governance technologies and rights regulations. The essence of the“relational theory”of data rights is more suited to the incentivizing and cooperative traits of the data element market. Given that relational rights are inherently self- generative and the content of rights is necessarily held within the factual relationships of the subjects involved, it is essential to consider the actual state of control over data, avoid the“law of the jungle”where controllers always gain benefits, and open up part of the rights content to the market through a decentralized allocation entity system model. This approach aims to achieve the“anchoring effect”of facilitating data element circulation through institutional regulation. Still more importantly, a systematic procedural framework is needed to reserve space for the self-recognized rights content of the market and address issues of“residual control  rights”that entity allocation systems may not reach. Among other things, it is essential to form a self-recognition rights mechanism for the data element market through procedural elements such as the negotiation of rights subjects, reference to data elements, realization of data rights value, impact of data rights risks, and the soft law norms of technical standards, so as to foster a sound regulatory ecosystem for the circulation of data elements.

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    Network Account Trading:Regulatory Logic and Institutional Approaches
    SHANG Xixue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 14-33.  
    Abstract114)            Save

    For Internet user accounts with strong property rights attributes, entering the market for trading and circulation is essential given their robust market demand and potential value for market development. Based on an examination of current market transaction disorders and judicial practice challenges, this paper provides an in-depth analysis of the market transactions of network accounts in terms of necessity and feasibility, normative status quo, judicial dispute, and implementation mechanism. It summarizes the institutional approaches to regulatory improvement and the construction path to judicial mechanisms in response to the institutional appeals from the main body on the standardization of network account market transactions. Hence, the rule of law will provide a better legal guarantee for the moderate marketization of network accounts, thereby aiding in the advancement of the marketization of data elements.

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    Between the Scene and the Silver Screen: Early Romanian Cinema and the Rediscovery of the‘Lost’Woman Film Pioneer
    Ana Grgić(author), FENG Pengpeng, LYU Rui(translator)
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 55-70.  
    Abstract132)            Save

    Although some significant contributions to early filmmaking production and exhibition involve strong entrepreneurial female figures, very few women’s names appear in the histories of Balkan cinemas. Based on original archival research and press of the time, this article foregrounds the filmmaking activities of the Romanian theatre director and actress Marioara Voiculescu (1885–1976) and the role of her star persona and theatrical experience in the making of early fiction films produced by Leon M. Popescu’s Filmul de Artă company. Voiculescu achieved considerable success during her lifetime, a prolific stage career, founding her own theatre company in 1912, and playing a key role in the production of early films in 1913, yet she has received scant attention in film scholarship thus far. By shifting the focus to Voiculescu’s contribution to early cinema in Romania, I reflect more broadly on the spaces and roles that women occupied in popular culture within the ongoing process of modernisation of Romanian society.

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    Armed Forces, Democratic Regime, and the People: Rethinking the Fundamental Issues of the Shanxi Anti-Japanese Base Area
    CHANG Libing, LIU Shufeng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 113-131.  
    Abstract207)            Save

    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.

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    Socialist Feminism: The New Development of Contemporary Chinese Feminist Film Criticism#br#
    WU Jun, CHENG Bo
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 52-63.  
    Abstract328)            Save

    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。

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    Conflicts of Interest in Contracts of Mandate and Their Remedies
    ZHANG Yaping, LI Cun
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 122-136.  
    Abstract568)            Save

    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.

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    Phantasmagoria: Ghostly Media, Dialectical Images, and an Unconscious Optical Mechanism
    PAN Jingzhi
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 37-51.  
    Abstract204)            Save

    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.

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    Conceptual Constraints and Market Breakthroughs in the Operation of Public Cultural Venues
    Cong Xiaoyu
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 115-123.  
    Abstract92)            Save

    In the process of operating public cultural venues in China, although national policies do not exclude the involvement of market elements, the lack of supporting economic systems and effective incentive measures has led to widespread skepticism in society about the rationality of market elements in public cultural services. This has, to a large extent, constrained the enthusiasm of public cultural venues to provide innovative services. Through theoretical analysis of similar phenomena domestically and internationally, as well as comparative studies of typical cases, it can be found that these dilemmas have arisen from the confinement of outdated concepts and traditional practices. Consequently, to solve these issues and improve the system, it is essential to leverage the advantages of the system of socialism with Chinese characterisics and achieve breakthroughs through conceptual updates and practical innovations.

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    The Production Tension and Governance of the Cultural Space in Traditional Villages within the Scenes of Cultural Affluence
    LIN Li, SUN Xuan
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 110-121.  
    Abstract547)            Save

    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.

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    The Meaning Generation Mechanism of the Chinese Pan-aesthetic Tradition
    YU Guanghua
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 143-154.  
    Abstract136)            Save

    Pan-aesthetic is a distinctive feature of the Chinese aesthetic tradition, with aesthetic meaning pervading all aspects of traditional Chinese social life. However, the pan-aesthetic trait of traditional Chinese aesthetics requires a new theoretical approach. Semiotic aesthetics, which is the basic theory and methodology of formal meaning analysis of all“aesthetic texts,”provides us with a lens to see the unique meaning generation mechanism of the Chinese pan-aesthetic tradition: the quadruple sliding of meaning, the“partial sliding”of meaning and the coexistence of four qualities of meaning, the cross-border sliding of meaning, and the
    construction of pan-aesthetic synthesis. The four distinct meaning dimensions of traditional Chinese aesthetic signs are mutually compatible, interpenetrating, and coexisting. Thus, while aesthetic meanings are generated, they are fully opened to the human life world, timely elevating to a spiritual state of harmony between humanity and nature.

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    Romanian Cinema in the 1960s:  Socialist Modernity vs. Cinematic Modernism
    Radu Toderici(author), SONG Yumeng(translator)
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 71-78.  
    Abstract154)            Save

    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.

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    Franco Moretti’s Literary Cartography and “Distant Reading”
    LU Yang
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 124-134.  
    Abstract400)            Save

    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.

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    LI Mengdie, LIU Jian
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 135-144.  
    Abstract116)            Save

    The concept of modernity in Western painting is shaped by three intersecting pathways: subjectivity, ontology, and linguistics. Firstly, acknowledgment of the painter’s subjective status is essential, which addressed the predicament between grand narrative of humanity and the artist’s own subjectivity from the Renaissance to Romanticism in the West, as was epitomized by the notion that genius artists legislate for art. Secondly, the awareness of the ontology of paintings is crucial for its modernity, which addressd the predicament between the capitalized art and the ontological autonomy of paintings, as was evidence in figures from Charles Batteux to Paul Cézanne. Lastly, the modernity of painting must be reflected in its visual language. The Modernist painting movement, starting with Impressionism, has been a process of continuous exploration and expansion of formal language. A framework based on the three pathways offers valuable insights into Chinese pathways of modernity in painting.

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    The Market-Based Pricing Mechanism for Data Assets: Limitations and Legalization
    DENG Ganghong, LIU Le
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 1-13.  
    Abstract216)            Save
    The pricing mechanism and legalization of data assets are fundamental systems necessary for constructing the digital economy. Market-based pricing of data assets is considered the mainstream academic view and the prevalent practice in data asset transactions. However, this approach does not conform to the pricing mechanism established by the Price Law of the People's Republic of China, nor does it facilitate the regulation of data asset transactions. The limitations arise partly because market-based pricing of data assets conflicts with the defined rights attributes of data assets. Other reasons include an insufficient understanding of the uniqueness of data assets and a lack of legal foundation for the pricing of production factors. China should develop a pricing mechanism for data assets that primarily relies on market pricing with supplementary
    government intervention, and ensure its legalization. It is necessary to unveil the logic of the data asset pricing mechanism in the following three aspects: the relationship between marketization and legalization, the logical basis for government intervention, and the catalog list management system. Based on this logic, we propose specific systems for data asset pricing, thus standardizing the methods of government intervention in data asset pricing.
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    Responding to the EU’s Carbon Border Adjustment Mechanism in the Context of Climate Governance and International Trade Coherence
    WEI Shengxiang
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 98-112.  
    Abstract136)            Save
    The EU Carbon Border Adjustment Mechanism (CBAM), which applies to traditional carbonintensive industries such as steel and electricity, aims to complement the EU Emissions Trading System (ETS) by gradually eliminating free carbon allowances and preventing carbon leakage. Given the export volume and product structure of Chinese products, carbon-intensive products are highly related to the CBAM, which will significantly impact China’s participation in global climate governance and its competitiveness in international trade. To effectively respond to the CBAM, China can consider, at an opportune moment, resorting to the WTO dispute resolution mechanism and contemplate coordinating new plurilateral agreements on environment and
    trade. This would enable China to actively engage in negotiations for the liberalization of environmental products and services, break down trade protectionism, and promote a green economy. In the long run, China should take the initiative to accelerate the green transformation of high-carbon industries, establish and improve the design of the carbon trading market and carbon tax system, and guide a top-down climate trade compliance management plan from the government to enterprises. These measures will help China effectively cope with climate change and enhance the competitiveness of Chinese products in international trade.
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    Dimensions of“Public Sentiment”and Its Policy-Conception Generative Mechanism
    JING Huaibin, DING Taiping
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 64-83.  
    Abstract187)            Save

    “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.

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