PreviousNext Featured Articles

    Please wait a minute...
    For Selected: Toggle Thumbnails
    Understanding and Applying Divorce Damage Compensation System : Issues and Challenges  — From the Perspective of the Interrelation Between Marriage and Family Part and Tort Liability Part of the Civil Code
    XIA Jianghao
    Journal of Shanghai University (Social Science Edition)    2025, 42 (2): 1-14.  
    Abstract70)            Save
    China’s Marriage Law, as amended in 2001, introduced provisions on divorce damage compensation, which the Civil Code has retained while adding a catch-all clause. In legal theory, divorce damage compensation is generally categorized into two types: cause-based damage compensation and divorce based damage compensation. From a theoretical perspective, both types face insurmountable theoretical difficulties. From a comparative law perspective, while China referenced legislative examples of divorce-based damage compensation, it paradoxically enacted provisions for cause-based damage compensation. Moreover, in jurisdictions that adopt cause-based damage compensation, establishing an independent divorce damage compensation system appears redundant. From a judicial practice perspective, courts have rendered significantly divergent judgments on several crucial issues concerning the application of divorce damage compensation system. Given these circumstances, when addressing the complex issues in understanding and applying divorce damage compensation, attention should be paid to coordinating the relationship between divorce damage compensation and divorce property division. Furthermore, when the divorce damage compensation system fails to function effectively, protection of parties’legitimate rights and interests can be achieved through recourse to general tort liability principles.
    Related Articles | Metrics | Comments0
    Selecting a Criminal Law Model for Non-Personal Data Protection in the Era of Digital Economy
    JIANG Haiyang
    Journal of Shanghai University (Social Science Edition)    2025, 42 (2): 15-32.  
    Abstract54)            Save
    In the era of digital economy, there are divergent views regarding the criminal law protection model for non-personal data. The debate over whether and how to establish data rights significantly influences the selection of a criminal law protection model for non-personal data. Despite differing perspectives between proponents and opponents of data rights establishment, there is a consensus that data property rights should possess only limited exclusivity. This consensus is driven by factors such as preventing excessive protection of data holders, averting monopolization in data-driven markets, and avoiding legal overlaps and conflicts. The
    inherent openness of the Internet dictates that publicly available non-personal data does not require criminal law intervention for protection. Given the limited exclusivity of data property rights and their characteristics as production factors, coupled with the need to avoid disproportionate punishment, traditional property crime provisions are inadequate for protecting non-public non-personal data. In the absence of clear preliminary legislation defining data property rights, creating new intellectual property-like criminal offenses may not be the optimal solution. Currently, maintaining the existing data crime framework appears to be a more rational approach. Meanwhile, exceptions and limitations to data property rights should be promptly transformed into extra-statutory grounds for justification in the criminal law protection of non-personal data. Given the public goods characteristics of data, both data collections and data products are subject to extra-statutory grounds for justification.
    Related Articles | Metrics | Comments0
    Three Sources of Constructing Sublime Aesthetic Discourse in the Research of“Seventeen-Year”Cinema
    REN Huadong, LIU Fan
    Journal of Shanghai University (Social Science Edition)    2025, 42 (2): 33-45.  
    Abstract67)            Save
    The sublime stands as one of the core aesthetic discourses in contemporary academic research on“Seventeen-Year Cinema”(1949-1966). The semantic generation and discursive practice of the sublime in this context derive from three primary sources: first, the introduction and integration of Western sublime theories with China’s existing sublime discourse and cultural traditions that emphasize ethics and morality; second, the ideological recognition and explicit pursuit of film art’s uniqueness and significance; third, the aesthetic shaping of“generalized heroic imagery”centered on workers, peasants, and soldiers. While Chinese academia inherited the“moral transcendence-pleasure dimension”from both Western theories of the sublime (notably Kant’s) and traditional Chinese aesthetic culture, it significantly diminished the“aesthetic form-pain dimension.”This trend resulted in a“one-dimensional semantic state”marked by an“excess of pleasure”and an“insufficiency of pain,”thereby establishing a significant divergence from the Western conception of the sublime, which is characterized by“dual-dimensional heterogeneity and transformation.”
    Related Articles | Metrics | Comments0
    Film Geography: An Interdisciplinary Research Progress
    WU Yanfang, ZHOU Chuanyi
    Journal of Shanghai University (Social Science Edition)    2025, 42 (2): 45-60.  
    Abstract82)            Save
    Film geography, which emerged in the mid to late 1980s, has since accumulated a substantial body of literature including monographs, paper collections, introductions, and reviews. It has evolved into an emerging disciplinary branch primarily centered in European and American countries, focusing on the geographical dimensions of film media. This field primarily investigates the representation of space, place, and landscape in films, along with related discourse systems such as gender culture and geopolitics. It also examines the economic structures of film production and consumption, and their relationship with geographical reality. While China’s cross-disciplinary research combining film studies and geography began almost simultaneously with Western developments, its research focus differs significantly, demonstrating considerable autonomy and distinctiveness. In the current context of cultural exchange and mutual learning, these differences present rich opportunities for interaction, integration, and intellectual exchange.

    Related Articles | Metrics | Comments0
    Reconstruction of Personal Information Rights from the Perspective of Hohfeld’s Theory of Rights
    HUANG Pei
    Journal of Shanghai University (Social Science Edition)    2025, 42 (1): 1-14.  
    Abstract151)            Save
    After being adapted to the Chinese legal context, Hohfeld’s theory of rights encompasses eight fundamental legal concepts. Among these, claim-rights, liberty-rights , power-rights, and immunity-rights constitute the broad concept of rights, while duty to act, duty to abstain, duty to obedience, and duty to laissez- faire constitute the broad concept of duties. Based on Hohfeld’s theory of rights, the internal structural forms of personal information rights under the Personal Information Protection Law of the People’s Republic of China can be categorized into three types: the right to personal information protection enjoyed by information subjects, the right to process personal information held by private processors, and the power to process personal information possessed by public processors. Although the specific content of the rights (or powers) within these three types of personal information rights differs, all of them can be explained through the eight fundamental legal concepts in Hohfeld’s theory of rights.
    Related Articles | Metrics | Comments0
    Theoretical Reflection and Reconstruction of Data Rights Confirmation
    JI Leilei
    Journal of Shanghai University (Social Science Edition)    2025, 42 (1): 15-29.  
    Abstract129)            Save
    Exploring the framework of the system of data property rights is the institutional prerequisite for ensuring healthy circulation and transaction of data. Currently, the practical challenges of data rights confirmation are often attributed to the inherent non-exclusivity of data, the limitations of the traditional labor theory-based system, and their conflict with the principles of equitable data utilization. Reflecting on the root causes of these challenges reveals that academia has overlooked the fact that digital society is the foundation for the existence of data value, has confused the intrinsic nature of data rights with their external effects, and has failed to uncover the complex legal attributes underlying the construction of data rights. Tracing the developmental trajectory of original data rights, from the algorithmic identification of data interests to their
    judicial recognition and the technical practices of data rights confirmation, data rights have undergone a procedural transformation from interests to rights, thereby providing a legitimacy basis for data rights confirmation. On this foundation, the composite structure of data determines that data rights should be defined as limited exclusive rights realized through shared utilization. Accordingly, the interconnected design of data rights should be constructed across individual, corporate, and public dimensions.
    Related Articles | Metrics | Comments0
    The Conceptual world of Deleuze’s Cinema-Philosophy
    LAN Fan
    Journal of Shanghai University (Social Science Edition)    2025, 42 (1): 30-49.  
    Abstract118)            Save
    Foucault once jokingly commented on Deleuze’s philosophy by stating that the twentieth century would be known as the“Deleuzian era”. This profound observation stems from the contrast between their philosophical approaches: Foucault’s philosophy is an archaeology of thought, one that views the contemporary through the lens of history, while Deleuze’s philosophy is one of“creating concepts,”approaching the contemporary from the perspective of the future. Humans, unique among all beings on Earth and in the universe, perceive the world through their senses—constantly seeking differences, generating concepts, and escaping established views. For Deleuze, cinema is philosophy, and philosophy is cinema. Through cinema, Deleuze attempts to show us that what matters is not what we know or can verify, but what we believe in and
    whether we still hold onto faith. The true significance of modern cinema lies in the fact that genuine thought is not defined by what is already known, but by what is latent or yet to be thought. Thinking is not about explaining; it is about creating. Here arises the perfect opportunity for modern cinema. Modern cinema, or the time-image, transcends all existing boundaries of thought and opens up for us the infinite possibilities of dismantling the closed“cogito.”In doing so, it allows us to rebuild our faith in the world and in humanity itself, inspiring us to pursue and strive for the freedom of thought. Humanity is both the slave and the master of time. The movement- image fulfills humanity’s dream of preserving the“activity”of action, while the time-image represents an attempt to completely“break free”from the limitations of the physical body, propelling human life toward infinite freedom.
    Related Articles | Metrics | Comments0
    The Cinematic Interpretation of“Sublime Beauty”in the New Era: A Focus on New Mainstream Films
    HUANG Wenjie, HUANG Yerui
    Journal of Shanghai University (Social Science Edition)    2025, 42 (1): 50-62.  
    Abstract118)            Save
    The concept of the“sublime,”as a fundamental category in aesthetics, has undergone continuous evolution in both content and significance across different historical periods. Within the context of the new era, the manifestation of the“sublime”in new mainstream films reflects the inheritance of a collective- oriented mainstream ideology and a hero-centered aesthetic framework. By integrating fresh feminine experiences and perspectives, upholding a people-centered value system, and embodying an internationalist vision of building a community with a shared future for mankind, this redefined notion of the sublime has emerged as a pivotal theoretical cornerstone in constructing a new aesthetic paradigm for Chinese cinema in the new era.
    Related Articles | Metrics | Comments0
    “Relational Politics”: Concepts, Theories and Its Application in China’s Context
    YE Juanli, SONG Jialin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 1-25.  
    Abstract547)            Save

    The essence of human nature is the totality of social relations. The study of“relations”forms the foundation of all research in humanities and social sciences, a commonality shared by both Eastern and Western traditions. Theories such as Relational Power Theory, Actor-network Theory, and Social Capital Theory have directly or indirectly addressed the nature, structure, and function of“relations,”suggesting that relations invariably point towards special interests and are closely intertwined with power, resources, and capital. In recent times, however, the context of“relations”has gradually become more China-centric, often being replaced by the concept of“Chinese-style Relations,”particularly in overseas China Studies. Viewing Chinese society through the lens of“relations”reveals their pervasive influence on social hierarchies and realworld political interactions, giving rise to a form of“relational politics.”Nevertheless, a closer examination of Western societies shows that“relations”are equally ubiquitous in both international and domestic politics, with “relational politics”serving as a crucial analytical tool.

    Related Articles | Metrics | Comments0
    Exploring Marx’s Theory of Alienated Labor and Its Relationship to Ownership
    KOU Yao
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 26-38.  
    Abstract507)            Save

    In Economic and Philosophical Manuscripts of 1844, Marx elucidates his theory of alienated labor through the lens of private property, viewing communism as the positive abolition of self-alienation. In subsequent works such as The German Ideology, Capital, and its manuscripts, Marx shifts his focus to the historical evolution of labor’s objective and subjective conditions within the division of labor and work processes. By examining the historical relationship between labor and ownership, he further deepens and develops his early theory of alienation. Progressing from ownership systems to property rights, Marx ultimately reveals alienated labor as a product of the complete separation of labor and ownership under the capitalist wage labor system. He indicates that the path to eliminating alienated labor in future social development lies in reconstructing the unity of labor and ownership on the foundation of individual ownership based on social principles.

    Related Articles | Metrics | Comments0
    The Existence of“Linked Domains”in Interconnected Narratives and the Reconstruction of Ethical Consensus
    QU Chunjing, WANG Hetong
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 39-48.  
    Abstract465)            Save

    In the digital age, interconnected narratives based on original stories are becoming increasingly prevalent. Film and television production teams build upon those original stories that have gained audience acclaim by engaging in various forms of interconnected storytelling, such as sequels, interwoven narratives, and cross-media adaptations.“Linked domain”serves as the connection point between the new story and the original, representing the overlapping segments of both stories. This manifests in three primary ways: firstly, the continued use of characters from the original story; secondly, the temporal expansion of an event from the original story; and thirdly, the repeated use of the story’s spatial setting. A purely ethical dimension cannot form a“linked domain.”The multifaceted ethical orientation of interconnected works is primarily governed by the dual forces of audience interest and narrative subject orientation. Interconnected

    Related Articles | Metrics | Comments0
    Localization, Autonomy, and Spatiality: Three Orientations of the Aesthetic Practice in Early Shanghai Cinema
    WANG Yinhui, ZHAO Ruiyu
    Journal of Shanghai University (Social Science Edition)    2024, 41 (6): 60-71.  
    Abstract534)            Save

    Abstract:The aesthetic practice of early Shanghai cinema was primarily manifested in its localization strategies. Firstly, after the introduction of film technology from the West, early Shanghai filmmakers engaged in unique formal explorations and aesthetic practice through material selection, production, and screening. The overall construction and aesthetic orientation were imbued with the essence of traditional culture. Secondly, in the contest with the portrayal of the“other”in Western imagery, the early Shanghai directors consciously assumed the responsibility of constructing autonomous images and successfully created a series of new representations, such as those of farmers, petty urbanites, and women. Lastly, during the transition from hybrid spaces like teahouses to specialized cinemas, the early Shanghai cinema reflected the characteristics of the nation, society, and people in terms of culture, social structure, and psychological state during that unique period. These aspects constitute the three dimensions for examining the aesthetic practice of early Shanghai cinema: distinct localization, autonomy, and spatiality.

    Related Articles | Metrics | Comments0
    Construction of China’s Foreign-Related Rule of Law System
    LIU Xiaohong
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 1-12.  
    Abstract297)            Save

    The foreign-related rule of law system is an important component of the socialist legal systemwith Chinese characteristics. As the bridge and link between domestic rule of law and international rule of law,the foreign-related rule of law is based on the specific practice of building a rule of law in China and is also related to the stability and development of international rule of law. The foreign-related rule of law system encompasses a complete set of foreign-related laws and regulations, an efficient implementation system for foreign-related rule of law, a well-established system of legal services for foreign-related matters, and an open system for integrating foreign-related rule of law. The system embodies extensive involvement and strong interconnectivity in the work of foreign-related rule of law, which are its basic  characteristics. The construction of the foreign-related rule of law system requires effective safeguard mechanisms, enhanced development of a specialized talent training system, and the building of an independent knowledge and discourse system supported by international law. These are the driving forces for constructing and improving the foreign-related

    rule of law system.

    Related Articles | Metrics | Comments0
    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.

    Related Articles | Metrics | Comments0
    Phantasmagoria: Ghostly Media, Dialectical Images, and an Unconscious Optical Mechanism
    PAN Jingzhi
    Journal of Shanghai University (Social Science Edition)    2024, 41 (5): 37-51.  
    Abstract203)            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.

    Related Articles | Metrics | Comments0
    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.

    Related Articles | Metrics | Comments0
    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.
    Related Articles | Metrics | Comments0
    Network Account Trading:Regulatory Logic and Institutional Approaches
    SHANG Xixue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 14-33.  
    Abstract113)            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.

    Related Articles | Metrics | Comments0
    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.  
    Abstract128)            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.

    Related Articles | Metrics | Comments0
    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.

    Related Articles | Metrics | Comments0