2024 Vol.41

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    The Promotion of the Rule of Law in the Market-oriented Allocation of Data Factors  —Also on the Design of Twenty Data Measures 
    CHEN Bing
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 1-13.  
    Abstract303)            Save
    The degree and level of market-oriented allocation of data factors determine whether the
    driving force of data factors can be fully released, which is of great significance for accelerating the
    reconstruction, transformation and upgrading of data industrial and value chains. The premise of marketoriented
    allocation of data factors is to clarify the ownership of data property rights, its foundation is to build a
    unified and open market of data factors, its development path is to build a sound and efficient pricing
    mechanism, and its bottom line is to guarantee the safe development of data factors. Although China has made
    clear the important position of data as a new production factor, many problems hinder the full realization of
    market-oriented allocation of data factors, such as the failure to make clear the ownership of data in relevant
    laws, lack of an established unified national market and a clarified pricing mechanism of data factors, and
    ambiguities of the boundaries between transaction and supervision in data factor market. Therefore, based on
    the characteristics and reality of the data factor market, it is necessary to promote the dynamic ownership of data
    with the structural separation system of data property rights, build a unified and open trading mechanism of the
    data factor market, clarify the boundaries of data supervision, ensure the safe development of the data factor
    market, and realize high-level, high-quality and high-efficient market allocation of data factors.
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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.  
    Abstract189)            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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    Infrastructure for Generative AI Governance
    YUAN Zeng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 28-39.  
    Abstract194)            Save
    The large-scale introduction of generative artificial intelligence (AI) has caused real risks to
    social governance. As a production tool possessing humanized reasoning and behavioral ability, it has caused
    new problems in the field of intellectual property rights, criminal law, and data application, which have gone
    beyond the scope of existing laws. Private technology capital is becoming the real power holder in the digital
    space. However, the current AI governance paradigm focuses too much on the regulation of algorithms while
    neglecting the overall obligations of the relevant responsible subjects, leading to the failure of legal theories in
    catching up with the development of new technologies and weak practical methodological significance in solving
    practical problems. In the face of the problems caused by the hike in productivity level, the research on legal
    regulations, especially on relevant rules, should take a step forward, construct and improve the new generation
    of AI governance paradigm with structured system thinking and a holistic framework,

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    Deterritorialization, or Tribalization?—Traveling Theory of Today’s Humanities in English Language#br#
    LIU Kang
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 40-55.  
    Abstract186)            Save
    Post-Theory of the western Left was born in the upheavals of radical political movements of the
    1960s, and retreated to the academic ivory tower in the 1970s. Then from the 1980s to the present, Post-Theory
    in the English-speaking humanities has undergone deterritorialization or transgression from academic
    discourse to the center stage of Anglo-American socio-political life, deeply embroiled in the political and
    ideological polarization and tribalization. Postcolonial studies and attendant race, gender and ethnicity studies
    have not only extensively and quickly popularized academic discourse through mass media, the Internet,
    primary and secondary school textbooks and other channels, but also closely integrated with anti-racism,
    feminism and LGBTQ groups. Identity politics and discourses of political correctness echo and reinforce with
    nationalist-populist waves, resulting in the chaos of today’s world. Marx’s The Eighteenth Brumaire of Louis
    Bonaparte, however, offers a powerful tool for understanding the current conditions in the world.
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    Global Narrative and Sinological Question Awareness
    HUANG Zhuoyue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 56-73.  
    Abstract181)            Save
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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.  
    Abstract359)            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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    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.  
    Abstract227)            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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    Serene Mind for Natural Beauty: Film Performance Aesthetics from the 1990s to the Early 2000s 
    FENG Guo, HAN Hongbin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 96-104.  
    Abstract190)            Save
    The 1990s and the early 2000s, a period of great social changes, witnessed a unique aesthetic
    style in screen performance: serene mind for natural beauty. This aesthetic tendency was a restoration and
    renewal of Laozi and Zhuangzi’s (Taoist) aesthetics, aspiring for the beauty of naturalness. Compared with
    Confucian aesthetics which emphasizes moral analogy, it focuses more on the natural state of external
    appearance and inner spirit. Situated in such a transitional period rife with diverse and changing outlooks on
    value, the urban youth performers took on a spontaneous and natural way of character shaping and performance
    paradigm as a result of the collision between their inward reflection and traditional roots. Therefore, although
    they did not represent the mainstream social values, they took things as they were to express emotions and make
    value choices.
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    Games, Science Fiction and Metaverse: Image Construction of a Community of Shared Future 
    KONG Lingshun, PENG Tingting
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 105-117.  
    Abstract258)            Save
    The conceptual evolution from“a community of shared future for mankind”to“a community of
    shared future”marks a step beyond anthropocentrism. A community of shared future is not only a community of
    reality, but also a community of imagination. This kind of imagination, is not fabricated out of nothing, but based
    on image communication and construction. A community with images as carriers goes beyond the limitation of
    time and space, and even takes the integrated form of game, science fiction and film game, thus further
    constructing a“surreal”image metaverse. Although virtual community, distinctive of“boundary breaking”,
    gains a kind of spiritual freedom that is not limited by time and space, it poses new challenges to national
    security concepts.
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    How Resource-dependent Social Organizations Obtain Autonomy While Engaging in Community Micro-Governance  —A Case Study of Organization Y in Shanghai
    WANG Qinghua, BAI Lei
    Journal of Shanghai University (Social Science Edition)    2024, 41 (1): 118-149.  
    Abstract6)            Save
    The autonomy of China’s social organizations is restrained due to their resource dependency on
    other stakeholders, especially governmental bodies. Previous studies focus on the interpretation and operation of
    the autonomy of social organizations in terms of their finance, personnel, and structural development planning,
    leaving much to be discussed concerning their autonomy in the process of business activities and the differences
    between different types of autonomy. A case study of the autonomy of the organization Y in its engagement in
    community micro-governance finds that it followed different logic of autonomy while interacting with different
    stakeholders. Specifically, when interacting with street offices on which its resources highly depended, Y
    adopted an“above-the-bottom-line compliance”strategy to manage its level of dependence and obtained
    autonomy by sticking to the logic of being professional. When interacting with a variety of other stakeholders
    located in the community, Y adopted a“manipulative”strategy
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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.  
    Abstract229)            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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    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.  
    Abstract154)            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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    Protection Paths of Data Criminal Law: Differences and Solutions
    LIN Yujia
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 15-28.  
    Abstract210)            Save
    Under the existing data crime system, the protection of data criminal law is facing the differences between formal and substantive protection. Formal protection is realized through the computer crime charge system, while substantive protection is realized through the protection of the legal interestscorresponding to the data content. The differences between formal and substantive protection lead to the different application of data crime charges in judicial practice. The reason for this disagreement is that the
    existing criminal law povisions can not directly reflect the legal interests corresponding to data, and the path of judicial identification of the legal interests of data crime is unclear. The existing solutions include the priority of substantive protection, the priority of formal protection, and the combination of the two, but each has defects and cannot resolve the differences thoroughly. To resolve the differences between formal protection and substantive protection, legislation and judicial interaction is needed. In terms of legislation, it is necessary to reform the substantive protection provisions, cancel the separate formal protection of data, and set up special data security protection provisions. Judicially, the relationship between different laws should be properly handled.
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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.  
    Abstract236)            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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    Film Duration: The Role of Audience Attention in the Perceptual Construction of Film Time
    XIE Shisi
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 40-52.  
    Abstract167)            Save
    The perception of film time is an important issue in film studies, and film duration is a typical perceptual experience of film time for the audience. Deleuze discussed the time duration of images, but he did not analyze the dynamics of its occurrence from the  perspective of the audience’s consciousness activity; back    to the reality of film viewing, the audience’s attention plays a fundamental role in the emergence of film duration. In principle, films take advantage of the phenomenon of time duration to visualize the duration, while the audience’s attention constructs and reveals the experience of film duration through time delays.
    Specifically, long shots take the movements of actions, relationships and situations as clues to create images of duration, while the audience’s attention constructs the experience of duration by participating in the simultaneous presence of many states of life; the static narrative in the film uses slow-paced daily routines with white space as forms of expression to create images of duration, while the audience’s attention captures the sense of duration in the repetition of states of consciousness.
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    The Disappearance of Paidia: The Seductive Rhetoric of Contemporary Consumption-Labor in Perspective of Video Game Commodities
    XIA Ying, PAN Shenyang
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 53-66.  
    Abstract197)            Save
    Roger Caillois places game on the Paidia-Ludus continuum and emphasizes the instinct for free and pleasurable play that Paidia embodies. In a reality where video game commodities are becoming more and more common, the Paidia orientation in the Caillois sense fades away until it is transformed into a rhetoric   uch as gamification, and at the same time becomes a driving discourse in the consumption-labor process. Firstly, while video games, as the ideal commodity of digital capitalism, claim to be designed for players’ pleasurable play experiences, their consumption is not designed to form a space for the release of play instincts, but rather to constitute a controlled field that is slightly intertwined with play instincts but essentially proliferates and realizes desire. Secondly, video game commodities become the lubricant of consumption from the perspective of frictionless capitalism because of their dual“definite possibilities”, that is, their definite possibilities before being purchased and their definite possibilities as video games themselves. The connotation of freedom, pleasure and play contained in Paidia is only degraded into the generalized“fun morality”in the Baudrillard sense. Finally, the concept of gamification is abstracted from the reality of the universalization of video game commodities and popularized in various fields such as marketing, education, and training, which in turn reshape the marketing logic of consumer goods in general and provide cover for a sophisticated      management and organizational technique. Uncritically accepting this gamification rhetoric undermines the creative power of free and enjoyable play in Paidia’s direction.
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    Two Faces of Interactive Narrative: The Return of Authorship in Video Game Narratives
    ZHANG Cheng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 67-79.  
    Abstract245)            Save
    The video game industry is rapidly developing and becoming another important narrative medium after printed text, film,     television, etc. With the development of new media platforms, classical narrative theory is in need of paradigm updating in the face of new types of texts. The authorship in video gamenarratives is taken as the theme, and the roles of author and player as two subjects in game narratives are   discussed in a narratological approach. Firstly, the development of narrative paradigm and the necessity ofincluding games in narrative research is presented; then the illusion that“the author is dead”in game works is
    analyzed, pointing out that the author, the creator of fictional world, is hidden behind the algorithm in games; finally, the author’s control over the player and the work is discussed, who is believed to return to the game narrative by giving the player the freedom to be controlled.
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    Impact of Overseas Economic and Trade Cooperation Zones along the “Belt and Road”on the Economic Growth of Host Countries and Its#br# Mechanism
    ZHANG Henglong, TIAN Congying, SONG Houlin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 80-94.  
    Abstract212)            Save
    Overseas economic and trade cooperation zone is not only a critical undertaking point of jointly building the“Belt and Road Initiative”(BRI), but also an important platform to promote Chinese enterprises to “go global”with high quality. How to evaluate the construction of cooperation zones is of great significance of reference to the study of the effect of China’s BRI and the practical effect of the zones. Based on the sample data of 60 countries along the“Belt and Road”, this paper empirically analyzes the influence of overseas economic and trade cooperation zones on the economic growth of the host countries and its internal mechanism by using the progressive difference in differences method, and analyzes the heterogeneity of the economic characteristics of the host countries and the types of cooperation zones. The results show that, firstly, the establishment of
    overseas economic and trade cooperation zones can significantly promote the economic growth of host countries.
    Among them, the inflow of foreign investment and the scale of trade play an intermediary role to some extent.
    Secondly, overseas economic and trade cooperation zones have heterogeneity in promoting the economic growth
    of the host countries, and have stronger economic boosting effect on countries with a lower income level and poor
    business system.

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    From Conformance to Creation: The Paths and Strategies of Social Enterprises to Gain Organizational Legitimacy: A Longitudinal Case Study
    XU Yanfang, ZHU Chunling, ZENG Meng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 95-110.  
    Abstract151)            Save
    Based on the institutional theory and the strategic view of organizational legitimacy, we conducted a longitudinal case study to explore the paths and strategic choices of social enterprises to achieve organizational legitimacy. We traced Justering’s entire entrepreneurial process and analyzed its organizational actions and strategies at different stages from a dynamic perspective. It is found that Justering, as a social entrepreneurial enterprise, adopted passive strategies such as complying with the environment out of the external institutional pressure during its founding and early stages to acquire regulatory, moral and practical legitimacy. During the growth and maturity stages, Justering adopted active strategies such as creating favorable environment to enhance moral and practical legitimacy, and gained cognitive legitimacy through establishing  strategic alliances, delivering public presentations, acquiring third-party certification, and driving growth of the sector. 
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    The Socialist Ideological Reform of Rural Cadres in the Early 1950s: Centered on Party Building in Rural Areas
    HE Zhiming
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 111-123.  
    Abstract142)            Save
    After the end of land reform in the early 1950s, China’s rural economy ushered in socialist reform through mutual assistance and cooperation movement. As a complex and systematic project, socialist reform involves not only fundamental change of the forms of ownership, but also ideological adjustment of peasants to socialism. The premise of achieving this goal is that, first of all, the ideological reform aimed at the key groups in the countryside — CPC admission activists and rural cadres. After the land reform, Party building in rural areas was carried out. By means of Party building training courses, absorbing Party members and establishing and giving full play to Party branches in the mutual assistance and cooperation movement, socialist ideological reforms of the activists and rural cadres were conducted. The quick ideological change of this group laid an important foundation for the smooth completion of the socialist agricultural reform later on. 
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    Reconstructing the Legitimacy of Editorials: An Examination of the Relationship Between the Press and Politics in the Early Republic of China
    ZHOU Yefei
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 124-134.  
    Abstract155)            Save
    After the founding of the Republic of China (1912-1949), boredom and frustration with republican politics pervaded the public opinion. The disappointment with the republican government showed that the republic still occupied an important place in the political and cultural life of the intellectuals, and therefore, the way to reshape and recreate the republic constituted the problematic consciousness for the people of that age. The re-creation of the republic not only referred to a political practice, but also brought out a new understanding of the relationship between the press and state affairs in terms of the history of the press. The function of the editorials in the press had certainly been questioned and reflected upon. However, at the same time, the intellectuals tried to create new forms and language styles of editorials to reconstruct the relationship between the press and republican politics.
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    Suspended Noumenon or Ontology: The Narrative Principles of Classical Poetic Discourse
    JIANG Yuqin
    Journal of Shanghai University (Social Science Edition)    2024, 41 (2): 135-146.  
    Abstract140)            Save
    Abstract:The discourse of Chinese classical poetics is mainly constructed around the axis of poetry creation and appreciation, while the questions concerning the origins of poetry, such as what is poetry and where poetry originates, are basically not directly dealt with. This feature does not indicate that ancient poetic theorists lack ontological consciousness, but that the ontology of Chinese poetry has always been closely related to“Tao” or“Qi”in philosophy. Therefore, in describing this aspect, most of them can only follow the principles that “great music has the faintest notes”and“great form is beyond shape”. This means that the understanding and interpreting classical poetic discourse should not focus on the surface of words, but penetrate into its deep
    philosophical structure. Based on this understanding, the present paper attempts to decompose and restore the formation of classical poetic discourse during its foundation period from the perspective of theoretical narration, and therefore, to explain that classical poetic discourse is a suspended ontology from its beginning, or a special structural system that is consciously expressed through emptying logic source. 
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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.  
    Abstract141)            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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    Principles of Algorithmic Justice under the Synchronic Existence of Conscience and Justification —Reflecting Concurrently on the Questions Posed by Harari in Homo Deus: A Brief History of Tomorrow
    FEI Xiaobing
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 19-36.  
    Abstract166)            Save

    The synchronic existence of Dao and modern natural law is manifested in the coexistence of pure conscience and justification, which helps prevent human disasters caused by data evolutionary humanism as well as technocrat plus special AI, general AI plus brain-computer integration, and so on. The idea is structured as a three-tiered logical ladder based on virtue. To prevent the conflicts arising from synchronic existence, a functional demarcation is necessary within the algorithmic diversity of remedial systems. Utilitarianism (which can be manifested as datism) and deontology (such as the priority of rights) are more suited to traditional legal domains such as private law, platform agreements, and individual personalized agreements.The Dao of law under the theory of pure conscience theory or Chinese natural law, can introduce the principle of conscience  rioritization, which is latent in daily practice, thus restricting its application to social law domains, including issues involving common conscience such as New Humanity and Strong AI. In summary, this algorithmic view of justice which is intended to prevent data evolutionary humanism, can infer the general algorithmic principle under the universe-wide justice: the principle of demarcation between conscience and justice, i. e., the principle of the conscience prioritization in social law domains and right prioritization in traditional law domains. Sub-principles include the principle of equality between the virtual and nature worlds and the principle of equality between digital and real humans. Derivative rules include the rule of human

    controlling the machine whereby human freedom is predicated on the inability to choose“machine control of man”in brain-computer integration. The author recommends that its rules be included in the global neurotechnology guide.

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    On“Imagination Consumption”of Costume Dramas Adapted from Online Literature: Phenomenon, Essence and Reflections
    CHEN Xuguang, YANG Yu
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 37-49.  
    Abstract228)            Save
    Abstract:The adaptation of online literature into historical costume dramas has emerged as a prominent phenomenon in the recent Chinese television landscape. These adapted dramas subvert the“re-expression”of “official history”under mainstream discourse, strengthening the cultural consumption function of film and television dramas within the context of popular culture, and embodying the imaginative capabilities of the “Internet Generation”to“transmigrate,”collage, blend, and juxtapose historical settings. This represents a form of historical“imagination consumption” with distinct youth cultural characteristics. New changes of environment, characters, time, and gender representation in these costume dramas are analyzed in terms of narrative gamification and the diversification of gender imagination. Drawing upon the research of Eiji Otsuka and Hiroki Azumaon 2D culture, this article argues that this shift underscores the significance of“imagination consumption”as a crucial principle in the production and consumption of historical costume dramas and even online culture. However, there are several issues in the creation of these dramas that need to be addressed. Strategies should be adjusted, and quality should be optimized to adapt to the current cultural context for their survival and development.
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    Boundaries, Convergence and Culture Reproduction —Transmedia Adaptations and Narrative Revolutions of Films from the Scientific Perspective
    ZHOU Anhua, YANG Ruyun
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 50-59.  
    Abstract231)            Save
    In the current era of media diversification and integration, transmedia storytelling of arts has gradually come into people’s view. Transmedia storytelling is a phenomenon of multi-media collaborative narration, in which different media can make use of their own narrative characteristics to tell independent but logically related stories, thus constructing multi-dimensional narrative art. Films, which focus on narrative expression and media representation, are closely related to and accompanied by transmedia storytelling. It is argued that the starting points and cruxes of transmedia film adaptations, the boundaries and convergence of various media, the narrative reproduction achieved by textual poaching, value-added meaning, and output of audience in transmedia film production, are the keys to the success of transmedia adaptations. At the same time, digital humanities, AIGC, and other emerging technologies have created infinite possibilities of transmedia film adaptations with interactivity, and also brought about new explorations for narrative revolutions of films. 
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    Network Drama Adaptations: Gender Strategy, Internet Sensibility and Value Construction
    FAN Zhizhong, PAN Guohui
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 60-69.  
    Abstract144)            Save
    The film and television adaptations of network literature aim to break gender barriers, reverse the gender power dynamics of“viewing”and“being viewed,”and construct an image discourse with a sense of equality. In terms of narrative characteristics, attention is given to the application of gamified or nonlinear narratives. The strategy of“genre plus”is emphasized, which employs a comedic style to bring a“light tone” that aligns with the cultural consumption psychology of young audiences. By narrating personal growth experiences, many excellent film and television adaptations strive to shape a new idealized personality and construct a more humane aesthetic home, thus achieving a poetic dwelling in the digital realm.
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    The“Phantom”of Romanticism:An Investigation Based on Lukács’ Complex Attitudes Towards Romanticism
    CAO Xuecong
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 70-81.  
    Abstract117)            Save

    Romanticism, a crucial source of Lukács’early theory, was subsequently denied by himself,particularly after his affiliation with the Communist Party of Hungary, when he began to more vehemently critique his earlier notions. This shift is evident not only in History and Class Consciousness penned in the 1920s,but also in his aversion to romanticism during the expressionism debates in the 1930s, and even beyond the 1950s. Despite his forceful denunciation of the romantic tradition within German culture, the romantic influence that marked his early years subtly persisted. This influence, whether explicit or implicit, continued to

    permeate his later literary critiques and ideological discussions. To dichotomize his intellectual journey into distinct phases is an oversimplification. Beneath the apparent discontinuity between Lukács’early and later thoughts lies a coherent spiritual orientation.


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    The Turn to the Life Paradigm in the Garden Aesthetics and the Political Reconstruction in the Late Ming Dynasty
    DING Wenjun
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 82-94.  
    Abstract98)            Save

    The garden-aesthetics of the Late Ming Dynasty turned to the life paradigm focusing on the practical functions and the desire for pleasure in the overall planning and the spatial arrangement. This shift, combined with the perspective of the intellectual history that Yangming Confucianism replaces the dominant position of Cheng-Zhu Neo-Confucianism, implies that the late Ming garden aesthetics paradigm reflects a “Mind-Object”relationship characterized by conformity and immediacy. By incorporating material desire and the sensuality incorporated into the realm of Tao, it transcends the limit of the daily turn envisioned by Yangming Confucianism. In terms of the“Body-Tao”relationship, the life paradigm suggests that the desire and the dailyness have become new contents and new fields contained in the Tao. As a result, the Confucian tradition creates a living space independent of the mode of“implementing Tao with the support of the ruler”in line with the tradition of political governance. The living space created by garden-aesthetics represents an autonomous field absent of political governance tradition, indirectly weakening the symbolic prestige and influence of the imperial power. This constitutes a subtle form of aesthetic political criticism.

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    Are Social Attitudes of the Public Stable? —Analysis Based on Two Tracking Surveys
    MA Deyong , LU Ming
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 95-107.  
    Abstract170)            Save

    Abstract:To what extent are the public’s views on abstract political and social issues stable and reliable? This question concerns both the reliability of social survey methods and the stability of the foundation of public opinion. Analysis of the“China Family Panel Studies”and  the“College Student Attitude Tracking Survey”has found that attitudes measured through questionnaire surveys are indeed not stable enough at both the aggregate and individual levels, but college students’attitudes are more stable than those of the general public. At the same time, attitude changes at the respondent aggregate level show clear structural characteristics: attitudes on specific social issues are more likely to change than those related to personality-cognition and fundamental values. Correlation analyses between different variables reveal that at the individual level, there exists a

    correlation between changes in individual attitudes and psychological traits such as authoritarian personality, cognitive closure, political stance. Therefore, the instability of public social attitudes cannot be simply attributed to measurement errors, but requires more systematic research. Future studies need to analyze general factors affecting attitude formation and change, and explore the relationship between changes in the social and political attitudes of Chinese people and the country’s specific national conditions, institutions, and culture.

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    Construction of the Long-term Care System for the Disabled Elderly and Innovation in Public Health Governance
    TANG Xianxing, TANG Man
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 108-123.  
    Abstract228)            Save

    The long-term care of the disabled elderly is not only a medical issue, but also a serious challenge to the current social governance and public policies, necessitating a reevaluation from the perspective of public health governance. It is essential to construct an analytical framework  ased on values, structure and tools, and identify the value consensus, co- governance structure and policy tools of public health governance. Taking the long-term care systems piloted in Qingdao and Shanghai as examples, it is found that the logic of public health governance behind them indicates that the return of the value of health issues drives innovation in public health governance; the diffusion of governance rights to diversified subjects forms the basis for a synergy on the co-governance of health issues; and long-term care insurance system, along with its diverse policy tools, jointly promotes the co-production of health services.

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    Evolution of the“Free-Profit”Model of Platform Enterprises and Its Resource Allocation Principles
    HUI Peiyao, HU Xiaopeng
    Journal of Shanghai University (Social Science Edition)    2024, 41 (3): 124-140.  
    Abstract199)            Save

    Platform companies, represented by“Taobao,”have formed a unique business model that is vastly different from traditional enterprises through continuous innovation and exploration, especially the evolving profit model based on a free pricing strategy, which has led to a surging wave of cross-border transformation of platform companies. Existing research mainly explains in the perspective of asymmetric pricing for two-sided users why platform companies provide technical services to users for free, but fails to explain why platform companies offer services to both buyers and sellers for free, and ignores the important question that“how are scarce resources in the technology service market allocated when the market price is zero?”This paper revisits the“free-profit”model of platform companies from the perspective of resource allocation. By studying their development and evolution process, it is found that“exchanging services for traffic, and then profiting from traffic resources" is the common logic for platform companies to achieve“free-profit ” through service upgrades, version stratification, and cross-border collaboration. By theoretically deconstructing the internal value creation process, it is discovered that the effects of total expansion, structural optimization, and efficiency enhancement effect of market transactions formed by the aggregation of user traffic resources are the profit sources for platform companies. By theoretically analyzing the supply and demand decision-making process in the free technology service market, it is found that the allocation of  scarce resources in the platform companies’technology service market is driven by user traffic and data; and compared with the traditional market price mechanism, a demand-centered supply optimization, as a more efficient way of resource allocation, has replaced price-centered supply and demand mutual adjustments. Government departments should change the traditional price-centered paradigm of market regulation, explore new types of regulatory methods suitable for the“free-profit”model of platform companies, regulate the traffic competition between platform companies, and establish and improve the data trading market system so as to further unleash the efficiency potential of resource allocation in the field of digital economy.

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    The Market-Based Pricing Mechanism for Data Assets: Limitations and Legalization
    DENG Ganghong, LIU Le
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 1-13.  
    Abstract216)            Save
    The pricing mechanism and legalization of data assets are fundamental systems necessary for constructing the digital economy. Market-based pricing of data assets is considered the mainstream academic view and the prevalent practice in data asset transactions. However, this approach does not conform to the pricing mechanism established by the Price Law of the People's Republic of China, nor does it facilitate the regulation of data asset transactions. The limitations arise partly because market-based pricing of data assets conflicts with the defined rights attributes of data assets. Other reasons include an insufficient understanding of the uniqueness of data assets and a lack of legal foundation for the pricing of production factors. China should develop a pricing mechanism for data assets that primarily relies on market pricing with supplementary
    government intervention, and ensure its legalization. It is necessary to unveil the logic of the data asset pricing mechanism in the following three aspects: the relationship between marketization and legalization, the logical basis for government intervention, and the catalog list management system. Based on this logic, we propose specific systems for data asset pricing, thus standardizing the methods of government intervention in data asset pricing.
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    Network Account Trading:Regulatory Logic and Institutional Approaches
    SHANG Xixue
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 14-33.  
    Abstract114)            Save

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

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

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

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

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

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

    One of the most important traits of Romanian fiction films released during the 1960s is their emphasis on leisure and moderate consumption, their enthusiasm for industrialization and urbanization, their reflection of a socialist society which gives its citizens the opportunity to have a decent standard of living — in brief, an emphasis on the many facets of socialist modernity. The 1960s are, indeed, for socialist Romania a period characterized by prosperity and a relative openness towards Western influences. One such influence is that of Western modern cinema. This paper reflects upon the clash of values inherent in Romanian modern cinema of the 1960s; infused by anxieties prevalent in the other, Western modernization project, as they were reflected in Western cinema, Romanian modern films present an ambiguous and self-critical version of socialist modernity, which in some cases was harshly sanctioned by Romanian film officials and state apparatchiks.

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    Spillover Effects of Green Bond Issuance from the Perspective of Credit Spreads
    NI Zhongxin, WU Xianglong, WU Jingfei
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 79-99.  
    Abstract149)            Save

    Green financial policies are of great significance in achieving green and low-carbon transformation of the economy, and in leveraging the macro and micro regulatory functions of the financial market. Based on the circulation price data of companies’credit bonds in 2015-2019, this paper has used the staggered DID method to study whether the first issuance of corporate green bonds in respective industry has effects on the credit spreads of bonds issued by peer firms in the secondary market. The research results indicate: the credit spreads of peer firms’bonds in the secondary market decrease after these first issuances of corporate green bonds, which strongly prove the positive industry spillover effect. Further, we find that higher institutional holding ratios of the bond, higher capital intensity of the firm, stricter regional environmental regulations, and higher economic policy uncertainty reinforce the reduction of the peer bonds’credit spreads. Through the impact mechanism test, it is found that these first issuances of corporate green bonds affect the credit spreads of peer firms’bonds by promoting the reduction of peer firm’s debt financing cost. At the same time, we find that these first issuances of corporate green bonds lead their peer firms to issue green bonds, but the following green bonds issued by peer firms didn’t obviously affect the credit spreads of their issuers’bonds. Finally, this paper had used the event study method to calculate abnormal returns of bonds to measure the market responses to the first issuances of corporate green bonds. The result of this further research is that peer firms’bonds can gain cumulative abnormal return in the 15-day event window period. This paper examines the positive spillover effect from each first issuance of corporate green bonds in their industries to their peer bonds’ credit spreads from the perspective of the secondary market. The conclusion of this paper has reference significance for promoting the development of the real economy, optimizing the allocation of financial resources

    and promoting the high-quality development of the bond market.

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    Clarifying the Misunderstood Law of the Value in Modern Cultural Commodities: A Marxist Economics Analysis
    YANG Yi, HE Haohao
    Journal of Shanghai University (Social Science Edition)    2024, 41 (4): 100-114.  
    Abstract94)            Save

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

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

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

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