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    Augmented Intelligence: Double Connotations and Implications
    YANG Qingfeng
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 51-62.  
    Abstract (539)            Save
    With the wide application of artificial intelligence (AI) in various practical fields, intelligent making-decision has become a prominent phenomenon, which in turn has made augmented intelligence a possible independent category. However, a limited understanding of augmented intelligence within the practical fields underestimates its impact on AI ethics. An extended understanding of AI ethics in the perspectives of philosophy and ethics reveals its dual connotations: auxiliary relation and symbiotic relation. Auxiliary relation is the continuation of instrument-oriented thinking which regards AI as a tool confined to a particular field, while symbiotic relation further explores the relationship between human beings and various species of intelligent machines.
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    Return to“Xintai”: Shifting to the Perspective of a Community for Urban Shequ Governance
    JIN Qiao
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 1-14.  
    Abstract (707)            Save
    How to build a community of urban Shequ (neighborhood) governance is a hot research topic at present. The previous literature can be classified into two categories in the light of research approach: a community of governance and a community of Shequ. The former pays more attention to the structural relationship and functional match among entities of governance and focuses on how to facilitate effective cooperation between entities, thus following an analytic approach of“structure-cooperation orientation.”The latter inherits the tradition of exploring the essential attributes of“community,”and focuses on Shequ characteristics, residential entities, and the formation of a community of urban Shequ governance from the collective psychological and spiritual aspects, following an analytic approach of“psychology-solidarity orientation.”Overseas studies have their own research traditions, centered on such intertwined concepts as sense of community, community attachment, etc.. Overseas studies have a direct bearing on relevant domestic studies, but there is a risk of“fragmentation”of community spiritual life which should be regarded as a whole. As urban governance turns to be increasingly refined, it is necessary to return to the“Xintai”(mentality) perspective advocated by Fei Xiaotong, which explores the more secretive and inseparable residential “Xintai”that is not limited in certain communities, but deep rooted in traditions. It also explores the influence of“Xintai”on the construction of a community of urban Shequ governance based on detailed field investigations. Urban studies in the“Xintai”perspective are not new, so a more in-depth understanding of “Xintai”and comparative studies of different cities, neighborhoods and groups of people are needed. It is worth mentioning that in building a community of Shequ governance, megacities should be prioritized due to their special academic significance and strategic importance.
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    Can AI Create Arts ?
    ZHOU Feng
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 79-90.  
    Abstract (511)            Save
    The differences between AI and human brain determines AI’s lack of subjectivity: the nature of computation and the first-order isomorphic information processing of machines means that in information processing, AI has only one information output port, but humans have both body and consciousness output ports, which are in proto-isomorphic relationship. Consciousness port is self-oriented and generating cognition or evaluation by working together with the body port. This is exactly what AI is missing. The nature of AI computation defines the mechanical nature of its art creation: the lack of knowledge or expressions of its own determines its absence of subjectivity. Therefore, AI works are not arts if judged from the traditional perspective of the art essence theory, but from the perspective of art system theory, they can create arts although the subject of its expressions is not AI, but the human operator behind it. In this sense, AI can only be a medium. It is possible that AI expresses subjectivity, but only under the prerequisite that we face up to AI’s predicaments of subjectivity so as to give full play to its advantages and artistic innovation as a medium.
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    Evolution of the Modes of Regulating and Determining Data Crimes in the Digital Economy Environment
    LIU Xianquan
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 1-14.  
    Abstract (385)            Save
    In the digital economy environment, it is equally important to ensure both data security and   data sharing vitality. The regulation and determination of data crimes should meet both needs. In regulating and    determining data crimes, current practice adopts the right protection mode, that is, protecting the interests of data right subjects. However, the right protection mode fails to meet the needs of the development of digital economy; improper pre-established right protection with a focus on illegal access regulation may lead to  impeded data flow; limitations of the current criminal law in regulating data crimes may lead to incomplete data security protection. An order maintenance mode should be adopted in regulating and determining data crimes by heeding to the interests of all subjects in data value realization while prioritizing the public product attributes of general data. To adopt such an order maintenance mode, legislators should add new terms for data crimes to ensure data management order. In the judicial determination of data crimes, it is also necessary to adjust way of thinking in a timely manner and balance the interests between protecting data security and guaranteeing the vitality of data sharing.
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    ChatGPT: Mind, Implications, and Risks of GPT Language Models
    JIAN Shengyu
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 63-78.  
    Abstract (699)            Save
    GPT (Generative pre-training transformation) language models, represented by ChatGPT, show the ability to simulate human mind. Their continuous optimization and technological iterations makes it possible for them to become an indispensable part of people’s daily work and life. Once GPT language models start to have the human-like mind and obtain industrial application, they will bring new productivity like never before, and even reshape the basic pattern of human society. However, GPT language models not only promote productivity, but also incur such problems as job replacement and derivative risks resulting from extremely rapid technological upgrading. The integration of GPT language models and their derivative applications into social production and social life should be a gradual and steady process, so as to create buffer time and avoid excessive impact on society
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    Transcending the“Presence”for Memory“Representation”in the  Ethnographic Animation: Reflection on the Video-making Practice of Xian Niang Rituals of the   Miao People in Western Hunan
    LI Gang, PAN Jingwen
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 29-39.  
    Abstract (676)            Save
    Cultural memory is a core element for the cohesion of ethnic groups and the realization of cultural identity. Ethnic ritual, a specific cultural behavior deeply embedded in a specific social setting or scenario, plays a key role in the construction of collective memory and cultural memory as an important topic in anthropological research. Ethnographic animation provides knowledge production and meaning presentation through a system of special visual media symbols, which can transcend the space-time barriers of“presence”in expressing abstract experience such as memory and experiences, thus providing new paradigm experiments and
    modal possibilities for film and television anthropology in the new era. Based on the video-making of“Xian Niang”rituals of the Miao people in western Hunan province in China, we conducted mutual subjective cooperation and reflexive dialogues with cultural holders, finally producing an animated video full of true  feelings of the indigenous people, which realizes the“representation”of ritual memory and the expression of   ethnic culture memory through video ethnography.
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    Evaluation of Family Importance in a Comparative Framework:Rethinking the Theory of Individualization 
    HU Anning
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 118-134.  
    Abstract (527)            Save
    The individualization theories about family, which is the basic social unit, present the
    “restriction proposition”and the“protection propositions”from the perspective of“dis-embedding”and“reembedding”
    respectively. The former regards family as an institutional restrictive mechanism in the process of
    individualization process while the latter views family as a protector of individuals from various risks. Based on
    these two propositions, this study uses a variety of methods to analyze the survey data of the World Values
    Survey. The results show that individualized attitudes have no significant explanatory power for the differences
    between the importance of family and the importance of friends, although it decreases the perceived importance
    of both family and friends. Between family and work, as well as between family and leisure time, individualized
    propensity encourages one to assign greater importance to work and leisure time. These findings suggest that the
    impact of the individualization process on the family system is only one case of its general impact on social
    aggregations. In addition to its impact on family, the process of individuation has implications for other
    mechanisms of assemblage, such as friendship. Moreover, individuals with better family financial status assign
    more importance to friends and leisure than to family although they assess the importance of family in
    accordance with its financial capability to protect one from the risks in life. Therefore, a family with good
    financial status can be a promoting factor for individuals to engage in the individualization process.
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    Phase Transformation: How the Mode of Production Shapes the  Property Rules 
    HU Ling
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 14-27.  
    Abstract (417)            Save
    The current continuous discussions on property rights in the digital age can be basically
    divided into two categories. One focuses on the analysis on more specific virtual goods (such as information
    content, game equipment, account number, data, virtual currency, etc.) in a concrete context based on the
    existing legal framework or concepts, such as the framework of“bundle of rights”or“modular”framework. The
    other tries to explain in principles what kind of objects can be better protected by property rules in the digital
    age, and what are the constituent elements of such property rules. It is necessary to change the perspective to
    raise questions, recognizing that the emergence of a mature property rights system is not a natural outcome of the
    statements for empowering what kind of objects or interested parties with property rights, but a result of a mature
    external environment for empowerment, which has caused relevant stakeholders to make proposals and promote
    the legal confirmation and protection of relevant interests. It is impossible for those property right structures or
    property rules that violate the production order to be established in the digital age. Facing the dramatic
    adjustments of the mode of production, the property rules, like the legal rules of other sectors, have to shoulder
    dual historical missions: one is to“break away”by challenging and shaking offing the traditional system and
    allowing factors to flow beyond the existing production process at low cost, and the other is to“establish”by
    erecting a new system that reflects particularity in accordance with the requirements of production mode,
    renegotiating which elements and interests are allowed for participants to continue to occupy and use, and
    delineating boundaries between them.
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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.  
    Abstract (537)            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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    “Post-Humanism”Turn in the Contemporary Literature and Art Theory: A Study of the Shift from“Human Nature”to“Thingness” 
    LUO Chonghong
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 74-86.  
    Abstract (863)            Save
    Contemporary Chinese literature and art theory started from the reflection on the issue of
    “human studies”. During this process, concepts of“human nature” and“new enlightenment” gained
    momentum, which marked the formation of humanistic theoretical trend. However, in the middle and late 1990s,
    with the translation and introduction of some new concepts from the West, such as theory of the body, theory of
    events, speculative realism and thingness, humanism in contemporary Chinese literary and artistic thought was
    gradually replaced by post-humanism. From the perspective of the internal logic of literary theory deduction,
    the shift from humanism to post-humanism can also be seen as the shift from the constructivism of subject and
    object dualism between humanity and object (linguistic theory) to the materiality theory of human and object
    integration and intercommunication (anti-linguistic theory), which provides opportunities and possibilities for a
    new round of transformation of contemporary Chinese literature and art theory.
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    The Influence of the Development of Digital Economy on Income Gap —From the Perspective of Skill-biased Technological Advancement
    HE Shuquan, CHEN Jing
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 91-106.  
    Abstract (1405)            Save
    Digital economy has become the“accelerator”of China’s economic development. Whether or not it can narrow income gap is an issue that calls for attention in China’s development. If the advance of digital technology is skill-biased, then the development of digital economy will have the same characteristic, thus affecting income gap. The quantile regression model of Recentered Influence Functions (RIF) is employed here to study the influence of digital economy on income gap. The research data comes from the comprehensive indicators of urban digital economy based on Enterprise Research Data: Special Database of Digital Economy Sector and the individual microscopic data of China Labor-force Dynamic Survey (CLDS). The findings are as follows: (1) The development of digital economy in China has widened income gap on the whole. (2) The digital economy increases the skill premium of middle and high skilled workers and widens the income gap through skill-biased technological progress. (3) The skill-biased feature of digital economy does not have a significant influence on the low-income group, if not in favor of the low-skilled labor force. (4) The digital economy has a greater influence on women, rural residents and people engaged in capital-intensive sectors with a more obvious skill-biased tendency.
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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.  
    Abstract (378)            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 Legitimacy of Haptics and Haptic Theories: From Contemporary Art to Film Studies
    ZHAO Bin , ZHANG Wei
    Journal of Shanghai University (Social Science Edition)    2023, 40 (6): 37-50.  
    Abstract (792)            Save
    The study of haptics in art has a long tradition. Among the critical theories of visual culture, haptic theory has grown into an emerging and generally influential new knowledge. On the one hand, it advocates that contemporary art, especially cross-media art, should make full use of the sense of touch other than the sense of vision to improve multidimensional aesthetic and meaning construction. As a result, relevant researches have been widely supported by phenomenological theories. On the other hand, in more special forms of visual art such as cinema, haptic research is no longer confined to aesthetic and meaning construction. Rather, it attempts to establish an ontology of film oriented to the sense of touch rather than vision. Benefiting from phenomenological theories, haptic theory tries to develop a new ontology completely different from subject/ language theories by resorting to such concepts as“film body,”“film skin,”and“haptic vision”. This attempt, hardly separated from the overall trend of anti-rationalism and anti-metaphysics, has a certain epistemological value in advancing the critique visual culture, but the fallacies, the defects of media analysis, and the limitations of interpretation in the theory make it difficult to undertake the task of reconstructing film ontology. There is no universal and consistent haptic phenomenon in art, so it is difficult for haptic theory to cross the boundaries between art categories and media, not to mention becoming an ontology of art with theoretical homogeneity.
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    Legal Argumentation Research in China: Growth and Change
    LV Yuzan
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 1-18.  
    Abstract (370)            Save
    Legal argumentation research in China can be divided into three stages: the first stage ofincubation and emergence, the second stage of rise and rapid development, and the third stage of new-era development. Given its different tasks in different circumstances and historical periods, legal argumentation research in China has different theoretical expressions and development focuses. After decades of development,it has evolved into an important independent research topic with numerous research approaches, topics, and teams, as well as a fundamental theory guiding and leading legal theory and the study of specific legal branches.At the same time, it also faces challenges such as how to base itself on Chinese cultural traditions and real contexts, learn from foreign legal argumentation theories, and create an independent Chinese legal argumentation theory.

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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.  
    Abstract (419)            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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    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.  
    Abstract (399)            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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    Network Account Trading:Regulatory Logic and Institutional Approaches
    SHANG Xixue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 14-33.  
    Abstract (314)            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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    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.  
    Abstract (428)            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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    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.  
    Abstract (377)            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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    Analysis of the First Round of“De-dramatization”in Chinese Films’ Conceptions towards Performance 
    LI Zhenlin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 87-95.  
    Abstract (463)            Save
    The history of film performance in any country starts with the inheritance of drama. However, as
    film performance develops to a certain maturity, cognitive diversities will arise concerning similarities and
    differences between film orientation and dramatization, to the extreme of“de-dramatization”trend. The
    formation of the first round of“de-dramatization”in Chinese films’conceptions towards film performance,
    together with attendant offensive and defensive viewpoints, constituted the basic ways of thinking and
    approaches in the game between cinematic and dramatic performances. Instead of a zero-sum game, it was more
    of a complex entanglement. In spite of antagonistic positions, they absorbed each other’s beneficial“nutrients”
    in practice, indicating a relationship of two-way penetration and transformation.
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