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The History of Logic-embedded Jurisprudence; — Evolution of Legal Methodology Research in New China over 70 Years CHEN Jinzhao, CHEN Xingwei Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 1-18.   Abstract （901）            Knowledge map    Save Abstract： Over the past 70 years since the founding of New China, legal methodology research has made great strides in system construction, knowledge innovation, upgrading of ways of thinking and shaping of rule-of-law discourse. Methodology has been an important element in Chinese jurisprudence. Legal methodology research has also gradually established the constitutive function of rules of legal thinking in the construction of the rule of law; the emphasis on logic is shaping the rule of law thinking that matches the rule of law, providing a methodological basis for the systemic construction of the socialist rule of law discourse with Chinese characteristics. The research on legal methodology over the 70 years in New China can be divided into three categories: class analysis jurisprudence featuring; comprehensive learning from the Soviet Union, skill jurisprudence featuring reasoning and interpretation methods learned from Europe and America and new era jurisprudence featuring the construction of socialist rule of law thinking and rule of law discourse based on the combination of East and West. Currently the following; problems need to be addressed: the existing legal methodology research is mainly mere integration of Western jurisprudential knowledge, principles and methods, with many research results drawing on outside experience, thus lacking originality and in-depth analysis of China’s own problems. Related Articles | Metrics | Comments（0）

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Film and the Wagnerian Aspiration —Thoughts on Sound Design and the History of the Senses James Lastra , HE Shuangzi（translator）, ZHANG Ling (proofreader) Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 45-57.   Abstract （994）            Knowledge map    Save In the American film Apocalypse Now , the emergence of sound design as a practice and stereo surround sound as a technology signals the reawakening of Wagnerian aspiration. This resolutely audio-visual film is not only a landmark in modern sound design, but also a sustained reflection on the meaning of technology, spectacle and politics of sensory experience. The author traces the history of sensory experience and sound design: in the 19th century, sensory technologies became the central component of the collective apparatus perception, which allowed the human sensorium to encounter with technological modernity; in 1915, Edison’s series of “Tone Tests” witnessed the fundamental transformative phonograph as opposed to live performance; in 1958, Culshaw’s recording of Wagner’s Das Rhineland severed the finished representation from any real “original” performance, which restored the ability for sensory experience; In 1979, the film Apocalypse Now severed sound representation from a documentary function, replacing the world of actual human experience with prosthetic sensory experience, which eventually promoted the critique of “anesthetic impulse”. Related Articles | Metrics | Comments（0）

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Research on Innovation of Legal Mechanism of Bilateral Treaty on Intellectual Property Rights under the Belt and Road Initiative REN Hu Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 19-31.   Abstract （962）            Knowledge map    Save The regional characteristics of intellectual property protection determine the strategies taken by enterprises engaged in multinational investment, economic and trade activities to participate in the national layout of intellectual property rights (IPRs) under the Belt and Road Initiative (BRI). A study of those international conventions on IPRs which both China and other countries （involved in BRI） have joined shows that no universal conventions are applicable to all BRI countries. Therefore, it is realistic and feasible at the moment to strengthen bilateral cooperation and innovate bilateral treaty system. For instance, the legal mechanism of bilateral treaties on IPRs under BRI should embody the “common but differentiated” principle, not only demonstrating external unification, but also formulating differentiated bilateral treaty legal systems sensitive to the different intellectual property environments of the concerned countries. The strategy of “primary bilateral development, supplementary multilateral development and progressive development” should be embodied so as to achieve BRI goals step by step. We should improve China’s bilateral treaty system on IPRs by taking “the principle of coordinated advancement between trade and investment and IPRs” and “the principle of supporting capacity cultivation” as the core guidelines. Related Articles | Metrics | Comments（0）

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Social Responsibility for Personal Information Protection: Legal Contents and Realization YANG Gan Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 32-44.   Abstract （1013）            Knowledge map    Save Abstract： Social responsibility for personal information protection helps to urge personal information processors represented by online platforms to maintain the security of user’s information through self-regulation. According to the relevant provisions of the Civil Code and the Company Law, compliance with the law and the maintenance of transaction security are the core contents of the clauses of corporate social responsibility. Under the regulatory system of the Personal Information Protection Law, compliance with the law and ethics provides not only an important basis for testing the effective compliance of personal information processors, but also interpretation space for the establishment of a differentiated compliance system. Maintaining the security of transactions can be included in the security principles of the Personal Information Protection Law, the normative significance of which is limited to compliance with the ethical bottom line. When implementing mandatory reporting on social responsibility for personal information protection, we should separate the disclosure indicators by the method of compliance or interpretation. The establishment of a sound compliance system is an important way to implement social responsibility for personal information protection. Compliance obligations should be sunk simultaneously by the board of directors and the supervisory board. A personal information protection supervisory committee composed of external professionals should also be embedded in and accountable to the company’s supervisory board. In addition, social responsibility provisions as general norms may also enter into judicial decisions. Related Articles | Metrics | Comments（0）

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The Actor Network of Trans-boundary Public Crisis Governance:A New Interpretative Framework ZHANG Yulei Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 74-92.   Abstract （1003）            Knowledge map    Save The complexity of trans-boundary public crises determines the need to construct an actor network for effective governance, and the Actor Network theory provides a new interpretive framework for it. The multiple actors in the actor network of trans-boundary public crisis governance have different roles: the government as the ultimate undertaker of responsibility, the army as the vanguard in the response to catastrophe, enterprises as providers of emergency products, social organizations as important supplementary forces and citizens as key supporters. At the same time, the multiple actors have different action logic in the actor network of trans-boundary public crisis governance: the government is driven by responsibility and achievements, the army by cooperation under the military-civilian parallel relationship, the enterprises by social responsibility under the profit-seeking orientation, social organizations as self-organizing mechanisms by public value, and citizens by rational and public spirit of “economic man”. Different action logic of multiple actors results in different interactive relationships, mainly between the central government and local governments, between local governments and enterprises, between local governments and social organizations, and between local governments and citizens, social subjects and citizens. Following the general law of actor network construction, we propose specific strategies for actor network construction of cross-border public crisis governance in accordance with different stages of translation: setting up common goals at the stage of problem emergence, establishing interest coordination mechanism at the stage of interest assignment, and forming a community of responsibility at the stage of recruitment and mobilization. Related Articles | Metrics | Comments（0）

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Emergency and Evolution: Analysis of China’s Policies on Public Health Governance (1978-2020)  NAN Rui, LI Yan Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 93-114.   Abstract （894）            Knowledge map    Save Since the reform and opening up policy, China’s public health governance system has been distinctly emergency oriented and featured, therefore, it is feasible to explore the reform process of China’s public health governance system and generalize the laws behind the process in accordance with the policy changes of public health emergency. Taking 460 emergency policies of public health issued by the central government from 1978 to 2020 as samples, this paper makes a systematic study on the external attributes and internal structure of policy changes from five aspects: policy time, policy types, policy subjects, policy problems and policy tools by using the quantitative analysis of policy documents. The results show that the reform of public health governance system in China followed a trend of emergency evolution, indicating the coexistence of overall increase and fluctuations at different stages in terms of policy quantity, the alternation of authority and diversification in terms of policy subjects, the symbiosis of abruptness and continuity in terms of policy themes and the integration of tool combinations and dominance in terms of policy tools. Based on this, this paper puts forward countermeasures and suggestions to optimize China’s public health governance system from the perspective of policy: coordinating policy subjects to enhance the ability of crisis response, strengthening policy tools to improve the efficiency of emergency response and optimizing the policy agenda to achieve smart emergency management. Related Articles | Metrics | Comments（0）

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Multiplying Mise-en-Scène: Found Sounds of The Night of the Hunter in Lewis Klahr’s Daylight Moon and Jean-Luc Godard’s Histoire(s) du cinéma Amy Skjerseth , JIANG Qingyuan（Translator）, ZHANG Ling（Proofreader） Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 58-73.   Abstract （1060）            Knowledge map    Save This essay situates music as a crucial catalyst in a film’s mise-en-scène (the multisensory interface that pulls spectators into films’ worlds). Developing a contour theory of mise-en-scène inspired by Cahiers du Cinéma critic Michel Mourlet, I track how sonic textures, vibrations, and rhythms have similarly palpable effects to the oft-cited visual elements of lights, shadows, and actors’ gestures. Whereas standard analyses of leitmotifs match melodies with single icons, contours multiply figurative and emotional associations as spectators see and hear the seams between mise-en-scène elements. To demonstrate this approach, I closely analyze The Night of the Hunter (Charles Laughton, 1955) and two films that appropriate its audio-visual material: Jean-Luc Godard’s Histoire(s) du cinéma (1998) and Lewis Klahr’s Daylight Moon (2002). While the former narrative film could be read through leitmotifs, its non-diegetic sounds thwart straightforward correlations, like the experimental films’ found sounds. A contour theory multiplies mise-en-scène with audio-visual superimpositions. Related Articles | Metrics | Comments（0）

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Discrimination of Historical Facts and Reflection on Historical Views—Revisiting the “Fifth Generation” Journal of Shanghai University (Social Science Edition)    2022, 39 (4): 42-51.   Abstract （317）            Knowledge map    Save A preference for the “Fifth Generation” is present in the researches of Chinese film history. Revisiting the “Fifth Generation” calls for discriminating historical facts and reflecting on historical views. To discriminate historical facts, it means rethinking the differences between narrow and broad sense of the “Fifth Generation”, analyzing the multiple influences on the “Fifth Generation” from the perspective of a holistic perspective, and fully understanding the complexities and contradictions within the “Fifth Generation”. To reflect on historical views, it means reflecting on the preference for the “Fifth Generation”  in “rewriting film history” and on the selectivity, purpose and instrumentality of the writing of film history. Only in this way can “the rewriting of film history” become convincing, capable of restoring history and a history with penetrating thought. Related Articles | Metrics | Comments（0）

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A Bibliometric Review of Research on Green Finance in China Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 87-100.   Abstract （2605）            Knowledge map    Save Green finance, as a practical solution to the problems of climate change and environmental pollution via the green fund allocation, plays an important role in the preservation of China’s ecological civilization and sustainable development. To have a better understanding of the research status of green finance and clarify its hot topics and thematic evolution is of great significance in improving China’s green financial system and facilitating the transition to a green economy. Based on 499 papers on green finance from CNKI from 2008 to 2021, this paper presents a systematic review of the research on green finance in China from the aspects of the number of publications, co-citation network, hot topics and thematic evolution.Results indicate that green finance, with rising publications, has attracted increasing attention from domestic academia. The research in the field focused on such topics as financial development, green economy transition, green financial products and green credit. Furthermore, five thematic evolution paths were identified along four research directions, which implied a trend of thematic integration in financial research frontiers. The study also suggests that inclusive finance and pilot zones for green finance reform and innovations will become two hot topics for further research. Related Articles | Metrics | Comments（0）

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Approach to Improving the Input Performance of the Social Sciences and Humanities Research: Achievable Goals Journal of Shanghai University (Social Science Edition)    2022, 39 (4): 71-86.   Abstract （204）            Knowledge map    Save The research on how to improve the input performance of the research of social sciences and humanities is scarce. Based on the provincial panel data of the social sciences and humanities research provided by the Ministry of Education, the paper puts forward a new performance analysis and improvement framework of input factors. Firstly, SBM super efficiency model is used to measure the performance, and the best input with full efficiency is taken as the improvement direction. Then, the performance of input factors is analyzed based on the simultaneous equation model. Finally, BP artificial neural network is used to test the robustness and conduct auxiliary analysis. The results show that the pure technical efficiency is relatively low, the scale efficiency is relatively high and the efficiency has declined in recent years; the R&D fund performance is lower than that of R&D labor force; the contribution of R&D funds improves rapidly in the case of achievable goals, but it is still lower than that of the R&D labor force; there is still a big gap in R&D input performance between the current situation and the situation under achievable goals. Related Articles | Metrics | Comments（0）

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The League Organization of Shanghai University and Youth Movement （1923-1927） Journal of Shanghai University (Social Science Edition)    2022, 39 (5): 1-10.   Abstract （415）            Knowledge map    Save The branch of the Communist Youth League of Shanghai University was established in September 1923, and quickly became a force comprised of young students active on and off campus. The league organization of Shanghai University was the most prominent grass-roots organization among the youth leagues in Shanghai at that time. It not only organized and held various activities on campus such as winning over various youth associations through fellowships, publicizing the Party’s principles, spreading progressive ideas, and underscoring its own organizational construction, but also utilized grass-roots resources by parading on the streets, connecting the masses and mobilizing workers, and took the lead in the anti-imperialist patriotic movement. Especially in the May 30th Movement, many young members of the university league were injured, arrested or killed. Thanks to the outstanding performance of its Youth League, Shanghai University became the center of Shanghai youth movement and the birthplace of many activities. It not only united many young talents closely around the Party and the Youth League, but also trained and fostered a batch of heroic core figures for the Party and the League such as Shi Cuntong, Deng Zhongxia, Zhang Tailei, Ren Bishi, Guan Xiangying, Yun Daiying, Zhang Qiuren, and He Chang. During the “Great Revolution” era when the Kuomintang and the Communist Party first cooperated, Chinese youth movement scored fruitful results, among which the Youth League of Shanghai University made a unique contribution. The growth and development of the league organization in Shanghai University owed much to the atmosphere of the times and the revolutionary tradition of the university. What it did and accomplished met the requirements of the Party for fostering and training students in the revolutionary movements. However, as the Kuomintang and the Communist Party split in 1927, the league organization of Shanghai University had to work underground. Related Articles | Metrics | Comments（0）

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On the Origin of Comparative Literature and the Heritage of German Philology HAO Lan Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 118-128.   Abstract （2059）            Knowledge map    Save Among the multiple origins of comparative literature, one is related to modern philology originated in Germany as both a research method and a discipline paradigm. Both regard texts as secular objects that can be examined and criticized, rather than infallible sacred ones; both focus on spiritual products created by human beings, such as language and literature, rather than animals and plants in the natural world. German philology later gave rise to two main disciplines: linguistics with historical-comparative language as the pinnacle achievement, and national philology represented by Germanistik. What they left for comparative literature are the methods of tracing the “origin”, historicizing materials, and the awareness of seeking comparisons beyond the parochialism of “national literature”. In addition, German Romance philology in exile also became an important resource of American comparative literature in the first half of the 20th century. Related Articles | Metrics | Comments（0）

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Digital Inclusive Finance, Digital Divide and Common Prosperity—A Perspective of New Structural Economics Journal of Shanghai University (Social Science Edition)    2022, 39 (6): 2-31.   Abstract （2897）            Knowledge map    Save Vigorous development of inclusive finance is an inevitable requirement for building China into a moderately prosperous society in all respects, which can promote social equity and common prosperity. Using data from the 2018 China Family Panel Studies (CFPS), this paper constructs a household common prosperity index from both material and spiritual dimensions. The study shows that digital inclusive finance significantly increases the level of household common prosperity, promoting residents’ material and spiritual affluence, especially material affluence; digital inclusive finance can promote residents’ common prosperity by upgrading household consumption and boosting economic vitality, while the digital divide weakens the influence of digital inclusive finance on common prosperity; from the perspective of new structural economics, the development of digital inclusive finance has a positive U-shaped relationship with common prosperity, and the increased penetration of digital inclusive finance can achieve better results in less economically developed and educationally disadvantaged areas. Related Articles | Metrics | Comments（0）

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Medical Novels in the Late Qing Dynasty and Early Republic of China in Relation to the Modern Transformation of China’s Medicine  Journal of Shanghai University (Social Science Edition)    2022, 39 (6): 67-77.   Abstract （2474）            Knowledge map    Save  During the period of the late Qing Dynasty and early Republic of China, medical novels distributed in commercial newspapers, medical special issues and literary journals stood out as unique literary genres given the context of “the spreading of western medicine to the East”. Different from those traditional medical writings that conveyed symbolic connotation of medicine, medical novels during this period abandoned the “metaphorical” tradition, and returned to the pure medical theme with a purpose of advocating science and change, and then facilitating the establishment of modern medicine in China. Therefore, they were highly “instrumental” with distinct characteristics of the times. Viewing from the interaction between literature and medicine, we can find that the medical novels in the late Qing Dynasty and the early Republic of China achieved emotional mobilization, knowledge production and broad consensus by various means such as exposing and criticizing the shortcomings of the medical community at the time, popularizing bacteriological knowledge with the joint efforts of the media and describing a beautiful Utopian world. As a result, these novels constructed a set of modern medical discourse quite different from the traditional narrative, and facilitated the modern transformation of Chinese medicine to a certain extent. Related Articles | Metrics | Comments（0）

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The Judicial Dilemma of Defining Private Information and Its Solution Journal of Shanghai University (Social Science Edition)    2022, 39 (6): 94-108.   Abstract （2405）            Knowledge map    Save The Civil Code of the People’s Republic of China does not clarify the relationship between privacy and personal information in the application of the law of private information, leading to the judicial dilemma that although courts follow a grafting path from unitary protection to  dual distinction in adjudications, they fail to break away from the traditional priori distribution paradigm in defining private information. Be it “private verse public” situational interpretation or “private verse non-private” content interpretation, the definition of private information is still confined to subjective prejudgment and thus a circular definition, which reflects the failure of traditional privacy theories. The theoretical evolution and legal practice of the adjustment of information privacy rights in the United States show that mainstream views have shifted to a more flexible contextual integrity theory, preferring a dynamic definition, which can better adapt to the value needs of information flow. In view of this, Chinese law should take three steps to clarify the norms of information flow: determining the relationship between information participants, extracting common interests according to the context, and limiting the reasonable scope of information dissemination. With the three steps combined with ethical legality rules that rectify the existing norms, a substantial clarification of the connotation of private information is to be achieved. Related Articles | Metrics | Comments（0）

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Universal Jurisdiction in the Era of the Maritime Community with a Shared Future: New Challenges and Legal Countermeasures Journal of Shanghai University (Social Science Edition)    2022, 39 (6): 109-121.   Abstract （2463）            Knowledge map    Save In recent years, China has exercised universal jurisdiction over foreign IUU ships, like the case of F/S Andrey Dolgov. Since the fishing ship and the IUU conduct constituted no actual link to China, the authority had no choice but to make punishment in accordance with the universal jurisdiction. The failure of efficient implementation of international law reflects dilemmas of China’s Fisheries Law in three aspects: the application, the substantive and the procedural provisions. The traditional theory of the universal jurisdiction, however, cannot be utilized to combat IUU fishing any more. As a member of the maritime community, China shoulders unshirkable responsibility and obligations for reserving and protecting the biological diversity of the open sea and the “health” of ecological system. The notion of maritime community with a shared future clearly indicates the legal interest of the community as the object of universal jurisdiction protection, constitutes a new concept of obligation and limits the jurisdiction by the principle of respecting the sovereignty of the flag state, thus initiating the paradigm shift of the legal evolution of the universal jurisdiction. Meanwhile, it is necessary to construct universal jurisdiction system based on the notion of maritime community with a shared future from the entity and procedural dimensions. In this way, we can provide brand new theoretical support of international law and specific guidance, to pave the way for the amendment and improvement of domestic legislation. Related Articles | Metrics | Comments（0）

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Re-balancing Corporate Data Property Rights and Personal Information Rights：An Interpretation Based on “20 Articles of Regulation on Data” XU Juan, LI Haotian Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 1-19.   Abstract （2064）            Knowledge map    Save Corporate data property rights, as the rules of conduct based on the consent of use in the process of exercising personal information rights, are the general term for the rules of conduct of adjustments in the change of legal relationship of data property rights which guarantee the transformation of personal information into data and big data. The development of data market promotes the transformation of partial impersonal personal information into data resources, leading to the formation of corporate data property rights. This is not only a process of empowerment that transforms information into data, but also a process of just distribution of data rights and interests according to the rules of conduct governing the transactions of corporate data property rights. The rules of conduct, established after the measurement of the property interests of data which are transformed with consent, enable enterprise data property rights to maintain a balance between the personal information rights of natural persons, corporate data rights, and national public data utilization. For individuals, corporate data property rights protect personal information rights while for enterprises, they are the results of the transformation of personal data according to the trading rules of property rights. For the state, it has to require enterprises to establish the trading rules for corporate data property rights that protect sources of information while sharing the benefits of corporate data with consumers. Related Articles | Metrics | Comments（0）

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A Voice That Is Not Mine: Terror and the Mythology of the Technological Voice Journal of Shanghai University (Social Science Edition)    2022, 39 (6): 32-40.   Abstract （2333）            Knowledge map    Save Taking Films by Roberto Rossellini, Fritz Lang and others as examples, the paper mainly discusses the mythology and ideology derived from the technology-mediated voices in the first half the 20th century. Technological products such as wireless and radio detached voices from their sources, not only creating temporal and spatial environments never seen before, but also breaking the borders between human subjects and objects. This disembodied technological voice  thus became a sharp weapon manipulating human heart and human body in the fascist media theories.   Related Articles | Metrics | Comments（0）

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A Relationalist Account of Color Ontology LIU Longgen, YANG Yaping Journal of Shanghai University (Social Science Edition)    2023, 40 (1): 152-161.   Abstract （903）            Knowledge map    Save Being opposed to regarding color as some physical property or sui generis entity, color relationalism defines color as the relation among the subject, object and perceptual circumstances, thus somehow overcoming the limitation of such color theories as physicalism and primitivism, and highlighting the unique role of the subject’s perceptual variation in cognizing and representing color properties. Color relationalism, however, seems to have confused the subject’s perceptual representation with the objective color per se and to have failed to distinguish between the metaphysical nature of color and its epistemological characteristics. So a more rational and scientific color ontology should take both its objective and subjective properties into account by opting for a theoretical approach that is dialectical, dynamic and multidimensional. Related Articles | Metrics | Comments（0）

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The Impact of Participation in Global Value Chain on the Intra-industry Income Gap in China CAI Xiaoyue, HAN Yaxin Journal of Shanghai University (Social Science Edition)    2023, 40 (2): 71-86.   Abstract （2006）            Knowledge map    Save Under the trend of restructuring global value chain (GVC), different industries vary in the degree of GVC participation in China, so does the intra-industry income gap across industries. Literature reviews show that an increase of GVC participation will widen intra-industry income gap through the intervening transmission mechanisms such as intermediate goods trade, technological progress and factor inputs. Therefore, this paper will apply data from World Input-Output Database, a total of 19 industries in China from 1996 to 2009, to study the impact and mechanism of forward participation on intra-industry income disparity at the early stage of industrial participation in GVC; variables such as trade in intermediate goods, technological progress and factor inputs are introduced to construct panel regression models; and the differences in performance between labor-intensive industries and capital-intensive industries are compared. The empirical results show that GVC participation will widen the income gap between high- and low-skilled laborers within industries in China, and that the income gap in capital-intensive industries is basically higher than that in labor-intensive industries. At present, in the context of Dual-cycle Development Pattern, we should deepen the participation in GVC, refine the specialization degree of intermediate goods production, optimize approaches to technology progress, strengthen the skill level of low-skilled laborers, and narrow the intra-industry income gap so as to realize common prosperity. Related Articles | Metrics | Comments（0）