2016 Vol.33

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    Toward Specialized Legislation to Address Climate Change in China
    LI Yan-Fang, ZHANG Zhong-Li, LI Cheng
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 1-12.  
    Abstract586)            Save
    Active responses to climate change and rigorous promotion of the lowcarbon development are important aspects of the “New Normal” in China’s social and economic development. However, the existing laws cannot combat climate change effectively, and the multitude of policies that aim at tackling climate change and promoting lowcarbon development lack legal foundation, thus making specialized legislation urgent. The specialized legislation to address climate change is now feasible in China as it can get support from the practices of relevant domestic normative documents and draw on the experience from the domestic pilot provinces and cities where lowcarbon development has been exercised and overseas countries which have already done the legislation. A comprehensive mode of specialized legislation is recommended, giving priority to the Climate Change Act covering both mitigation and adaptation aspects. When difficulties do matter in the way, secondary choices are offered to legislate LowCarbon Development Promotion Act aiming at mitigation and Adaptation of Climate Change Act aiming at adaptation respectively, which are less complex in adjusting social relations and less difficult in legislative negotiation, or to make less legalitybound Carbon Emissions Trading Regulation by the State Council.
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    EU Climate Change Strategies & Tactics in International Cooperation:
    A Perspective of EU Foreign Policy of Sustainable Development
    KE Jian
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 13-26.  
    Abstract714)            Save
     Sustainable development is a strategic target of EU (European Union) and an important dimension of EU foreign policy. Based on an analysis of the evolution of EU foreign policy of sustainable development and the internal and external reasons for its formation and the development, the article, from the macroscopic view of EU foreign policy of sustainable development, discusses the strategies and tactics employed by EU in international cooperation in addressing global climate change, including incorporating issues of climate change into the strategic target of sustainable development, advocating multilateralism and global governance, proposing the establishment of global cooperation mechanisms under the framework of the United Nations and the regulation of international law, adopting more flexible and pragmatic stances on climate change, and taking into consideration the economic growth of the developing countries and still the differences between big developing nations and underdeveloped countries.
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    On the Incorporation of Greenhouse Gases Emission into the Regulatory
    Scope of the Atmospheric Pollution Prevention and Control Law
    DIAO Dun, SUN Song-Long
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 27-34.  
    Abstract382)            Save
    It has always been controversial whether or not to incorporate greenhouse gases control into the regulatory scope of Atmospheric Pollution Prevention and Control Law of the People’s Republic of China. Greenhouse gases control should not be incorporated into the regulatory scope of Atmospheric Pollution Prevention Law, not only because greenhouse gases do not belong to the atmospheric pollutants, but also as a result of China’s current international and domestic environment. Greenhouse gases are mainly derived from the upstream activities, e.g., energy production; and the downstream activities, e.g., public consumption, etc. We will stop the flow from the upstream and dredge the channel to the downstream by promoting cleaner energy production and advocating lowcarbon life. Multipronged methods should be employed to control greenhouse gases by combining market mechanism with administrative means. Thus, there is no necessity to incorporate greenhouse gases control into the regulatory scope of Atmospheric Pollution Prevention Law.
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    Hou Hsiaohsien’s “Rebellious Bone”: the Oriental Aesthetic Implications Perceived from the Film The Assassin
    LIN Shao-Xiong
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 35-46.  
    Abstract801)            Save
     Hou Hsiaohsien’s films have always demonstrated his unique observation of life, thinking of life and image presentation in an “antimovie” way. To be specific, he prefers tranquility to mobility, silence to words, concreteness to abstractness, China to the West, art to actions, thus making himself “a director without direction”, his cast of films “performers without performance”, and projecting a feature of “causal effects without plots”. His unique style and image narrative grammar is developed as a result of not only the director’s life experiences, life understanding and aesthetic taste, but also the director’s view of the nature of movie, and still more, the unique mode of thinking of the Chinese nation in which the director is nurtured and the way Oriental culture perceives and understands life. Therefore, Hou’s films are featured with humanistic care characterized by strong personal style and image expressions imbued with oriental aesthetic implications, thus winning him an adorable place in the world film history.
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    Deconstruction and Reconstruction——A Research into the Problems of China’s Film Production
    LUO Jian, CHEN Shu-Ying
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 47-55.  
    Abstract442)            Save
     China’s film production has gained unprecedented development and prosperity accompanied by expanding industrial effect due to the reform of cultural system, the invigoration of cultural industry, the transformation of hightech and new media and the promotion of market mechanism. Meanwhile, such factors as cultural capital, market competition and cultural consumption context also exert profound influence on the value and development orientation of China’s film production. Currently, China’s film production is confronted with aggravating contradictions between the commercial attribute and humanistic value of products, between visual symbols and reality life, and between elite culture and mass culture. There also exist various problems of different severity such as the utmost importance of economic profit, the prevalence of carnival entertainment, fragmentation of reality. The thus incurred pressure of external deconstruction and the internal reconstruction inversely forces China’s film production to shift its mode of development and transcend to higher levels, which are practical problems indeed. It is essential that China’s film production should base itself on tradition, face the reality, build and establish its own brands, further deepen the reform of cultural system, optimize the ecology of the film culture and promote “green”, “lowcarbon” and “environmentfriendly” film production so as to achieve the transformation and transcendence from a big film nation to a strong film nation.
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    On the Researches into “Documentary Records and Authenticity” since 2000
    CHEN Shu-Chao
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 56-66.  
    Abstract371)            Save
    The issue of documentary in relation to authenticity has been a hot topic since the early 1990s. The word “authenticity”, on the one hand, has progressively implicated excessive understanding and expectation of documentaries, and on the other hand turns out to be increasingly vague and generalized due to its growing connotation. The importance of the issue is selfevident in that no theoretical discussion of documentary can escape it. Nevertheless, it also provokes chaos due to the conceptual generalization of “authenticity” which incurs random interpretation of the noumenon of documentary. In view of this, the implications of “authenticity” should be more cautiously and carefully analyzed in the documentary theoretical discourse system and the onesizefitsall attitude should be rejected. Sorting out various opinions concerning “documentary records and authenticity” may help depict the topographic map of the current research in documentary film theories.
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    Overseas Bases: Historical Experience and Contemporary Implications from Zheng He’s Voyages
    CHEN Rui-Yang
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 67-77.  
    Abstract678)            Save
     Throughout history it is selfevident that no country has expanded sea power without the strategic support of overseas bases. It is sensible to say that a powerful naval fleet is the core of sea power, but the guarantee and control of the safety of the maritime fairways and strategic channels is dependent on overseas bases, which are the key element, pillar and footing stone of sea power strategy. Zheng He’s Voyages in Ming Dynasty were farsighted and prudent planning and deployment of overseas bases, which become the strong and powerful pillar of sea power strategy of Ming Dynasty, preserved and safeguarded its maritime rights, expanded China’s influence in the world. What’s more, Zheng He’s sea power strategy, in comparison with the Western fireandsword style of colonized sea power, has more profound implications and significance for the construction of contemporary sea power. At present, China should preserve and safeguard national sea rights and interests while shouldering responsibilities as a big nation and providing international public products. All of this calls for the establishment of overseas bases with the purpose of international security and peace.
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    Insider Trading: A New Form of Corruption
    CHEN Yao, DUAN Wei
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 78-90.  
    Abstract481)            Save
     A new form of corruption has appeared recently in fields like finance, securities market, government planning and public programs, which trades for insider information of businesses and government policies. The insider trading is difficult to detect for its complexity and invisibility, and develops into a new form of corruption due to lack of legal regulation and supervision. To a large extent, insider trading corruption is closely linked with unnecessary governmental intervention in the market economy and irregularity in the exercise of power during the transition period of “developmentalism”. Therefore, we must fully understand the damage brought by the insider trading, improve the institutional regulation, and develop and implement the property reporting system in particular, in order to effectively prevent it.
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    A Research into the Poetry Narrative in the Zilin Hubao in Modern Shanghai
    HE Hong-Ling
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 91-104.  
    Abstract500)            Save
    The urbanization of Shanghai in modern times and the development of contemporary newspaper industry promoted the diversified forms of poetry. Newspaper poetry, shown in the Literary Supplement of some newspapers, initially appeared in the first issue of Shun Pao in 1872, reached its peak in the Collections of Blossoming Mansion Poetry, selection of poems published in the poetry column of the newspaper Zilin Hubao during the years 1887—1891. The popularity of newspaper poetry reflected the process of the newtype literati constantly gathering in Shanghai. Grounded in the current life at that time, the poetry depicted Shanghai’s urban lifestyles and changing customs and fashions, recorded their traveling and catering experiences and party gatherings, and presented a unique “Shanghai Context”. Newspaper poetry carried forward the narrative tradition and projected a distinctive local color. In the literary context of the newspaper communication, poetry narrative acquired the traits of immediacy and onthespot feel, together with entertaining and popularized styles, which was also an important feature.
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     Channels of Controlling Environmental Crimes in the Perspective of State Security
    LIU Cai-Ling
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 105-113.  
    Abstract714)            Save
     Ecological security is an important part of national security, from the perspective of which environmental crimes are controlled through both international and domestic channels. Concerning international cooperation, we should make full use of the International Criminal Police Organization platform through the share of the data of environmental crimes and realize vigorous cooperation in tracing, arresting, and extradition; strive for allround and efficient criminal judicial assistance among different nations and remove the statetostate obstacles in combating international environmental crimes; accelerate the pace of entering statute of the International Criminal Court so as to gain more discourse power. Domestically, we should construct the environmental criminal law system centering on ecological law and realize the independence of the environmental criminal law; adopt the doctrine of severe punishment while giving full play to dualistic function of the crime punishment and environmental recovery and the multiple function of penalty; employ the method of causal relation of epidemic disease and presumptivefault rules to get out of the predicament of the environmental crime judicial cognizance.
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    The “Consensus on the Use of Copyrighted Works” and Its Bearing upon the Participatory Culture’s Copyright Environment
    YOU Jie
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 114-127.  
    Abstract413)            Save
     A fundamental conflict between digital participatory culture represented by “user generated content” and the modern copyright regime has been widely acknowledged. However, a comprehensive analysis of the following three aspects, namely, recent legislative initiatives and legal cases in the North American jurisprudence regarding the use of copyrighted works, new marketing strategies and profitmaking modes achieved by moderately relaxing copyright protection in the copyright industry, and the quasicopyright norms spontaneously established by participatory culture practitioners, reveals that there exists a principled consensus of the use of copyrighted work. It provides a new perspective and dimension in creating a congenial copyright environment for the orderly blossoming of participatory culture.
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    Museum as a Governmental Apparatus——On Tony Bennett′s Politics of Museum
    XU Xiao-Xia
    Journal of Shanghai University (Social Science Edition)    2016, 33 (1): 128-140.  
    Abstract940)            Save
     Tony Bennett, a famous representative of contemporary cultural studies, is the first who has explored the cultural politics of museum from the perspective of governmentality. Based on his research into cultural politics of museum in theory and practice, Bennett has an extraordinary understanding and pioneering innovation of the attributes of powers, modes of operation in a museum and its social function, and has made due contributions. His research provides valuable theoretical and practical references for museum studies in the perspective of contemporary cultural criticism. Bennett′s cultural politics of museum has become one of the basic paradigms of contemporary museum research and is producing the worldwide influence.
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    Journal of Shanghai University (Social Science Edition)    2016, 33 (2): 1-.  
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    Research on the Rules of Trademark in TPP Final Text as Well as #br# Related Influence on China and Corresponding Measures
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 1-17.  
    Abstract477)            Save

     On the basis of 2011 American draft and 2013 draft released by WikiLeaks, provisions of trademark in TPP gradually become complete, which have distinct characteristics and include a wide range of fields. The latest provisions of trademark in TPP further enrich the contents of law enforcement, pay attention to the balance between fairness and efficiency of enforcement procedures, set up diversified tort compensation systems, aggravate the parties’ obligation to take border measures and lower the standard for identifying a trademark infringement as violating the criminal law. Facing a set of latest changes in rules, it is necessary to recognize the difference and disparity between TPP and trademark law of China and to take corresponding measures, such as consummating domestic trademark legal system and accelerating the formation of global free trade zone network with higher standard, in order to diminish negative impacts from the new rules in TPP on China.

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    The Multilateral Development Banks and Global Economic Governance: #br# From World Bank to BRICS New Development BanK
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 18-30.  
    Abstract519)            Save

     Global economic governance involves finance, trade and economic development, and its essence is to provide international public goods. The multilateral development banks in economic governance are oriented to development aid and responsible for poverty reduction. Without the joint participation of developed and emerging marketing economies, the global economic governance can hardly be aptly named. As one of the three pillars of the Bretton Woods System, World Bank has had both economic and political significance since its founding. World Bank has played an active role in global economic governance, however, due to the mismatch of voting power and economic scale, a lot of problems have been triggered. The BRICS New Development Bank was founded in the similar background where profound changes had already taken place in world economic order. Accordingly, BRICS New Development Bank, resembling the founding of World Bank, will not only have economic functions and political symbolic significance, but also play a part in constructing a new order for international economy.

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    International Organizations and China’s Public DiplomacyLI Hua,YANG Jiaojiao#br# (School of Social Sciences, Shanghai  University, Shanghai 200444, China)Abstract:
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 31-43.  
    Abstract545)            Save

     Since the end of the Cold War, the trend of globalization  across countries and regions have greatly enriched the connotation of international relations. Against this background, international organizations, as forms of international exchanges and cooperation between sovereign states, have been endowed with a new role and responsibility, and its function as public diplomacy has gained increasing prominence in particular. The degree of participation in and identification with international organizations has become an important gauge to judge the extent to which a nation's merges into international system and international discourse power. In this regard, the public diplomacy of international organizations is an important and indispensable means for China to build its state image and lift its cultural soft power in the  process of peaceful

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    A Research into Xia Yan’s SelfInspection in the  Rectification #br# Movements by the Ministry of Culture
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 44-57.  
    Abstract521)            Save

    Beijing 100875, China)Abstract: The selfinspection in political movements, not like Church confession, nor like court defense, is a unique cultural phenomenon, deserving monographic study. Xia Yan’s SelfInspection in the Rectification Movements by the Ministry of Culture,originally writtenon Jan. 19, 1965, and published recently, is a case in point. It can be analyzed within the Social Role Theory plus the framework of social construction theory: the process of role assignment and script negotiations define a certain social context; and the wording style of the inspection text and the subtext demonstrates the deliberation and intention of the performer. Besides, the grand play of rectification, criticism and inspection need to be examined and understood in the pantextual context of society, history and ideology.

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    Revisiting the Production and Distribution of the LeftWing Films #br# in Hong Kong During the “Cultural Revolution”
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 58-66.  
    Abstract1004)            Save

    In the late 1960s, the transformation into localization was initiated in Hong Kong society and film industry, with entertainment as the subject appeal. In this context, Hong Kong left-wing film production was, however, deeply influenced by the mainland trend, embodying intertextuality with mainland films. The productions, under the high banner of politics, turned out to be aesthetically homogeneous in terms of conceptualization and stereotypes, thus gradually detached from the Hong Kong audience. Meanwhile, the industry itself suffered depression with severely decreasing number of productions. The import and export of films between Hong Kong and the mainland also reached a historical low. After the reform and openingup in mainland, the left-wing films recovered to some extent, but the declining trend on the whole was not reversed.

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    Visible LeftWing:Revisiting Zheng Junli’s Films During #br# the “ Seventeen Years
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 67-76.  
    Abstract579)            Save

    The period of 19491964 witnessed the peak of Zheng Junli’s career as a film director. Since his films during this period were closely linked with the political orientation at the moment, each of them enjoyed recognition in the history of the Chinese films after the founding of People’s Republic of China (PRC). As the drafter of The Recent Program of Action for the Association of the Chinese LeftWing Dramatists at the early stage, Zheng reserved the leftwing rationale of “art for politics”, internalized the political discipline on the other hand, and meanwhile constantly explored the ideological and aesthetic expressions of film after the founding of PRC. Through a historical analysis of the five films directed by Zheng during the “Seventeen Years” (19491966), the paper examined the influence of the extreme “left” political pressure on the subject as an art producer, and even on the personal injury to the artist. It reveals that the birth of leftwing culture had its significance in the then times and its positive role in social and cultural construction. Nevertheless, developed to its extreme when calling for the attachment of aesthetic practice of film to the dominant political culture, leftwing culture lost its original value and significance. The study of Zheng’s films during the “Seventeen Years” presents a new dimension of the development of today’s leftwing culture under the current situation.

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    Imperial Examinations and Literati Associations in Ming Dynasty
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 77-85.  
    Abstract615)            Save


    The relationship between imperial examinations and literati associations was extremely complicated. Imperial examinations had enormous influence on literati associations, and the later, reaching a certain scale and standard, had an counteractive effect, too. The examinations’ influence on literati associations was mainly embodied as follows: the participation of the scholars who had already passed an imperial examination encouraged the prevalence of associations; the Imperial Examination System itself served as a catalyst to the birth and development of associations; the examination every three years provided an opportunity for candidates to form or join an association; and the content and style of imperial examinations also had a strong effect on associations. The counteractive effects of literati associations were reflected directly in the admission results of the imperial examinations, and indirectly in the styles of the stereotyped eightpart compositions. 

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    The Relation between Cultural and Text Communication: Taking the#br# Communication of The Arabian Nights in China as an Example
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 86-92.  
    Abstract554)            Save

    The communication of Arabian Nights started late in China, and the early translations are not satisfying. But in the perspective of social cultural life and the psychology of the receiving public, the Arabian Islamic stories like this are well received and acquainted by Chinese folks. From the historical and cultural perspectives, the Arabian Islamic culture had long been transmitted in considerably expansive areas, with comparatively profound influence and foundation of receiving public. It is the cultural communication that made up for the weak textual communication of The Arabian Nights. Despite the asynchrony of cultural and textual communications, the impetus to the promotion of the text did exist. This unique phenomenon deserves attention and further research.

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    Depictions of Yangzhou and Shanghai as Cities South of Yangtze #br# River during the Modern Transition Period#br# ——Taking Dream of Romance and Biographies of Flowers in #br# Shanghai as Examples
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 93-102.  
    Abstract444)            Save

     Dream of Romance(Fengyue Meng) and Biographies of Flowers in Shanghai(Haishang Hua Liezhuan)were late Qing Dynasty novels set in the cities of Yangzhou and Shanghai respectively. The different city images during different times revealed urban changes  in the south of theYangtze River in the modern transition period. Dream of Romance conveyed a nostalgic reminiscence of the traditional lifestyles andvalues through the depiction of the images of Yangzhou. Biographies of Flowers in Shanghai, however, carried a different tone and expressed the writer’s recognition and approval of Shanghai as a modern metropolis filled with urban lifestyles and values. The depictions of the two cities not only reflect the transformation of cities in south of theYangtze Riverin the modern transition period, but also convey the writers’ positive attitude toward modern urban values to some extent.

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    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 103-115.  
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    In the Country of Last Things: A Historical Memory of the HolocaustGAO Limin
    (School of Foreign Studies, Shanghai Lixin University of Commerce, Shanghai 201620, China)Abstract: Paul Auster (1947 ) is regarded as one of the best American Jewish writers of the age. He gained renown for The New York Trilogy, and after that he published In the Country of Last Things (1987). In In the Country of Last Things, Auster makes up an enclosed and segmented city, constituting a space of the great confinement. World War Ⅱghettos provide the prototype of “the country of last things”. In the space of confinement, Auster combines the madeup geographical landscape with the historical facts of the Holocaust, constructing a city of fact and fiction, which reflects the sad plight of Jews in World War II ghettos. And the fundamental cause of Jews’ sufferings is the atrocity committed by antiSemites. With the despotic power exercised over Jews by antiSemites, Jews’ hope to restore order by space image can only fail to illusion. Auster’s examination of the Holocaust in his literary writing manifests his memory to Jewish history and identity.

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    The Narrative in the Image Building of Liu Hulan in Comic Strips
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 116-126.  
    Abstract496)            Save

     Liu Hulan, as a household revolutionary heroine, became a definite image carrying symbolic significance after the canonization during the period of Cultural Revolution. The image building of Liu Hualan , in effect, was a complicated process accompanied by the prominence of difference discourse patterns at different historical phases. From “a maiden in the routine narrative ” to “a heroine in the narrative of class struggles”, the image of Liu Hulan was gradually depicted as a monotonous character. Through the examination of Liu Hulan’s image changes in the perspective of comic strips, the paper traces how the stereotype of the “revolutionary heroine” was built through “adoption or deletion” and “adaptation”. It also reveals that under a unified mainstream tone in narrating revolutionary figures, the competition between “original story” and “arranged story” reflected the rival between folk discourse and ideological discourse.

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    Qian Mu and His Research on the History of Chinese Political System: #br# Centering on “Non-Autarchy View of Traditional Chinese Politics”
    Journal of Shanghai University (Social Science Edition)    2016, 33 (3): 127-140.  
    Abstract614)            Save

     Based on his research into traditional Chinese politics, Qian Mu developed a distinctive view and came to the conclusion that traditional Chinese politics since the Qing Dynasty was not autarchical. This view incurred much questioning and criticism. When researching into Qian’s view of traditional Chinese politics, we should at least heed to the following questions: Under what background did Qian put forward the “Non-Autarchy”? Which school of thought was he arguing against? What made him firm and consistent despite all the criticism and accusations? Did such political systems established upon Confucianism as the Imperial Examination System, the Impeachment and Expostulation System, the Rejection System and the Quan Electoral System put a premium or restriction on the monarchy? Does the phrase “autarchical darkness” suffice to summarize traditional Chinese politics? Is such understanding running the risk of being simplified or one-sided? Are there desirable points in Qian’s research into traditional Chinese politics? If the answer is “yes”, how to extract and sort out the essence of Qian’s research and make proper explanations? What mistakes did Qian make? And how to analyze his mistakes? Without answering these questions, it is groundless to make objective narrations or comments on the merits and demerits of Qian’s research on traditional Chinese politics. Qian’s non-autarchy view deserves more reflection and discussion among academic circles about traditional Chinese politics, and also offers a new perspective and line of thought in  the research of traditional Chinese politics and may stimulate an in-depth research into the topic.

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    Analysis of China’s Maintenance of Rights and Interests#br#  in East China Sea According to International Law
    Journal of Shanghai University (Social Science Edition)    2016, 33 (4): 1-20.  
    Abstract499)            Save

      Issues over East China Sea, especially sovereign disputes over Diaoyudao Islands are important and sensitive for Sino-Japanese relations. The two countries have opposing stands and disagreements and take measures to maintain their respective rights, interests and stands, which lead to an intensified severe situation concerning sea and air security in East China Sea. The key cause of the severe situation is Japan’s denial of the existence of disputes and the consensus of “setting aside disputes”. In view of this, the paper underscores the essential implications of international disputes, the background of “setting aside disputes” and the system that determines the sovereignty over Diaoyudao Islands according to international law. Given the important status of both China and Japan, the importance of their bilateral relations and their wishes to rehabilitate and develop their relations, both countries should, on the basis of the common understanding of the four principles for dealing with and improving Sino-Japanese relations, strengthen communication and dialogue, negotiate on sensitive issues according to facts and international law in order to practically control the sea and air security situation in East China Sea, and develop and enrich the contents of SinoJapanese strategic relations with mutual benefits. The steady development of SinoJapanese relations according to the principles and spirits of four SinoJapanese political instruments is a common aspiration of the international community including Chinese and Japanese governments and most people of the two countries.

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    The Legal Status of Lowtide Elevations: An Appraisal
    Journal of Shanghai University (Social Science Edition)    2016, 33 (4): 21-39.  
    Abstract869)            Save

     The modern concept of lowtide elevations was not established until the midtwentieth century. Although both Convention on the Territorial Sea and Contiguous Zone of 1958 and United Nations Convention on the Law of the Sea of 1982 (UNCLOS) contain specific provisions on the legal status of lowtide elevations, they fail to elaborate on three crucial issues related to lowtide elevations: What are the criteria for the determination of the natural status of lowtide elevations? Whether lowtide elevations can be appropriated by occupation? What is the impact of sea level rise on the status of lowtide elevations? In response to these issues, this paper will analyze not only the provisions concerning lowtide elevations in UNCLOS, but also relevant international law cases and State practice. In addition, it will present the author’s personal appraisal of those issues concerning lowtide elevations in the South China Sea Arbitration.

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    China’s Going Global: Reflection on “Empire” and “China Mode”Bart Dessein
    Journal of Shanghai University (Social Science Edition)    2016, 33 (4): 40-49.  
    Abstract476)            Save

     After the Industrial Revolution, the rise of European economy sparked young Chinese intellectuals to question the Confucian dogma which had shaped Chinese political, economic and social modes over thousands of years. People began to conceive a different political choice from the Confucian empire. A politic nationalism, i.e., a nationalstate movement built on the broken Confucius empire, began to thrive. People in the 19th century was deeply convinced that only European mode could help China regain its position in the world arena. It is a significant departure from Confucius tradition. Reviewing history, we can see that China’s international relations have been a continuous ebb and flow of Han cultural influence. The equaling of political leadership to Confucian “integrity” by which harmony and stability had been maintained was severely challenged at the end of 19th century. Currently, China mode distinguishes itself in that capital exists to a large extent on the local levels. This can explain why China mode appeals more and more developing countries, but problems still exist concerning its applicability to other countries.

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    Genre Films in the Perspective of Deleuze’s Film TheoryNIE Xinru
    Journal of Shanghai University (Social Science Edition)    2016, 33 (4): 50-58.  
    Abstract684)            Save

    The movementimages in Gilles Deleuze’s film theory basically resembles the category of “genre film”. He elaborates on genre film in terms of noumenon, system and construction. Concerning noumenon, he puts forward an ontology of “sensorymotor apparatus” which integrates the internal and the external; Concerning system, he analyzes the formalist principles of genre classification; Concerning construction, he depicts the generation of desire fragments in genre films and the ways of constructing “impulses” which are enwrapped by civilization. Deleuze juxtaposes the attributes of industrial production and artistic nature in his film theory.

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