2020 Vol.37

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    Big Data Analysis of the Policy Focus and Orientation of #br# Government Governance#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 1-15.  
    Abstract735)            Save
     Policy analysis based on big data  can delineate the focus of governmental policies over the years and the degree of their relevance. By using the method of content analysis, the article conducts an indepth analysis of the big data of the governance policies in the following regions across China: eastern, western, southern, northern, central region and regions including all municipalities directly under of the Central Government. Through an analysis of the semantic relations and highfrequency words, the study presents the trend and development orientation of the government policies in different regions and finds that regional differences stand out not only in terms of social governance policies, but also in terms of their actual development and policy orientation.
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    Revisiting the Legal Personality of AI from the Functional Perspective
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 16-26.  
    Abstract750)            Save
     Largescale application of artificial intelligence (AI) has triggered some critical legal issues like the assumption of tort liability, the determination of rights and abilities and the ownership of intellectual property rights. To solve these problems, we must first of all clarify whether artificial intelligence has legal personality and what kind of legal personality it has. As to whether AI has legal personality, current theories have offered various answers including denial, affirmation and limited affirmation. Since absolute answers of yes or no to the legal status of AI do not meet the actual needs, a compromise theory of limited legal personality should be adopted. A study of the historical course of how the connotation of legal personality has gradually expanded and how the proposed AI legal personality came into being is functionally necessary to meet the actual needs. Starting from solving practical problems, we should acknowledge the limited legal personality of AI and establish a doctrine of primary liability that can unveil the mysteries of AI liability so as to realize the positive goal of AI technologies facilitating social development through the adjustment of legal system. 

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    On the Ethical Responsibility of Artificial Intelligence
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 27-36.  
    Abstract700)            Save
    It is true that artificial intelligence is playing an increasingly important role in today’s society, yet it also challenges the current social ethical system by triggering the question: who should be responsible for the accidents involving intelligent machines? The new instrumentalism claims that machines should be regarded as slaves. The supporters of machine ethics hold that intelligent machines should be regarded as moral agents. However, both stances are faced with many challenging problems. Comparatively speaking, the hybrid approach is more rational in that it takes the holistic perspective, arguing that the status of moral agent should be extended to nonhuman entities. Following this rationale, all agents related to intelligent machines should be assigned for the joint responsibility in events involving intelligent machines.

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    New Aesthetics of Imagination and “Imagination Consumption” #br# in the Context of FilmGame Integration#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 37-47.  
    Abstract698)            Save
    Imagination has always been discussed in the field of literary and art theories in such dimensions as subjects’ creation and aesthetic appreciation. Given the current context of media transformation in which filmgame integration is gaining popularity, a new aesthetic appeal for imagination has been aroused by both audience aesthetic tastes and film creation, which once again brings the topic of imagination into specific discourse fields such as the Internet, transmedia and new consumption era. It is under the background of filmgame integration that the authors put forward the term of “imagination consumption” in the Internet era, and make a preliminary theoretical analysis and construction. The discussion encompasses the following two aspects of today’s film creation: the foundation of visual technology and the imagination based on text world. While observing how imagination unfolds in specific works, the authors aptly relate the imagination aesthetics to imagination consumption, in the hope of revisiting and rethinking the evolving relationship between images and reality. 

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    Imagination Consumption: Realistic Basis, Aesthetic Feature #br# and Future Approach
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 57-65.  
    Abstract7)            Save
    LI Li
    (Art College, Sichuan University, Chengdu 610207, China)Abstract: The rise of the newgeneration directors and the booming of sciencefictions are the realistic basis for imagination consumption. Based on postassumption aesthetics, imagination consumption has a combined aesthetic feature, with virtual reality as its core, new media as its means and experience as its appeal.The future approach of imagination consumption is to make a film“an extended film”, a transboundary, pluralist, multimedia and interdisciplinary artistic form, which will be characterized by the rapid development of filmgame integration.Imagination consumption is not only a bridge between postassumption aesthetics and film industrial aesthetics,but also a result of the Chinese scholars’ acute question awareness and academic perspectives. It not only constitutes a dialogue between Chinese film studies and international film studies, but more importantly, offers an answer in the new era to the eternal question of “what is a film”. 

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    On Imagination Consumption in Film Aesthetics: Motives, #br# Production and Purposes
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 57-65.  
    Abstract908)            Save
    In Chinese film aesthetics, imagination as rational experience is derived from art and social practice. In the context of the postindustrial era of consumerism, the integration of this rational experience with economic activities leads further to the practice of business and aesthetics, thus the rise of “imagination consumption”. The research on “imagination consumption”, with a positive and pioneering orientation of aesthetic criticism, should be conducted in the perspective of integrated and interdisciplinary explanation of social structures. The interpretation of “imagination consumption” is centered on boundary expansion in the real society of film arts and on how to realize the interactive unity of commercial and aesthetic value by shifting from economic transactions of film products. In view of this, the perspective of “imagination consumption” is taken as the medium theoretical support. By eliminating the habitual partition at the bottom, the paper sets the pursuit of the whole social structure as the theme of the public and social aesthetics, so that the audience can experience the aesthetical interaction between subjective life experience and objective social cognition. Presently, owing to the mass consumer culture, the research on “imagination consumption” has become an important means of practicing film aesthetics and a pioneering trend of theoretical innovation. With the technological advancement in the new era, it will gain wider recognition as a unique, integrated and multidisciplinary approach. 

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    Perspective from SHI Zhecun’s “Wife”: Domesticity, Alienness and #br# Transformation of Form
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 66-76.  
    Abstract750)            Save
    The essay reinterprets SHI Zhecun’s developments and transformations in novelistic form from 1930s to 1940s and tries to reveal that SHI’s stylistic transformation in the late 1930s is not sudden and passive, but spontaneous and strongly motivated. Emphasizing that the subject of “family life” with “wife” as the centre is of significance in his creation, the study investigates the subject’s flow among different styles; furthermore, it takes “home” as a kind of metaphorical structure: the concept of “home” always implies “domestic”. In SHI’s works, “home” becomes a field for competition between “domesticity” and “alienness”; as a result, domesticity is gradually restored. From the perspective of writing technique, it is exactly the readjustment and contraction of psychological space that releases “home” from the surreal grotesque land to a steady realistic space. That is to say, the internal restoration of domesticity and locality ultimately extends to the external, working in concert with SHI’s reselection of traditional generic form and literary techniques.


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    On the Regime of Midocean Archipelagos of Continental States
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 77-93.  
    Abstract659)            Save
     “Archipelagic States”, as Part IV of the United Nations Convention on the Law of the Sea, is an innovative regime of midocean archipelagos in the development of international maritime law. However, as a “package deal”, the Convention fails to provide a specific regime governing midocean archipelagos of continental States. At present, several continental States still follow traditional practice: applying straight baselines to their midocean archipelagos, which is against the current framework of the Convention. Moreover, if such practice is to become customary international law, it will undermine the entire system of the Convention. In contrast, if continental States choose to apply the regime of “Archipelagic States” of the Convention analogically to their midocean archipelagos, they will not only achieve the balance of maritime interests between continental States and other States, but also guarantee the authority and integrity of the Convention to the maximum. Therefore, the analogical application of the regime of “Archipelagic States” of the Convention to midocean archipelagos of continental States seems to be a better approach than the current practice of applying straight baselines to midocean archipelagos of continental States.

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    The Crime of Compelling Prostitution from the Angle of Victims
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 94-104.  
    Abstract510)            Save
     Prostitution should be understood as sexual services including sexual intercourse or other direct sexual contacts that arouse sexual awareness or satisfy sexual psychology provided by a man or a woman in exchange for material or other benefits. Victims of compelling prostitution can either be men or be women. The people who do not directly engage in prostitution, including family members like wife and daughter, but form an interrelated whole with the person compelled to prostitute in the eyes of the coercing party, are also the victims of compelling prostitution. In addition, people who are unconscious or have impaired consciousness or children under 14 are not necessarily victims of compelling prostitution. What the victims do not agree with the coercers may sometimes be inconsistent with what they agree with the clients of prostitution. The criterion for the completion of the crime should be grounded on whether the will of the victim is controlled by the coercer through his/her coercive behavior at the moment of compelling prostitution.

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    History, Evolution and Divergence#br# —Several Important Issues in the “Historical Correlation between the#br#  Comparison of Chinese and Western Traditional Economic Thoughts and#br#  China’s Road to Development”#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 105-117.  
    Abstract478)            Save
    With China’s great economic achievements, the development of socialism with Chinese characteristics has ushered in a new era. It is particularly important to adhere to and develop the road of socialism with Chinese characteristics. In view of this, the experts participating in the major project of the National Social Science Fund of China (NSSFC)—“Historical Correlation between the Comparison of Chinese and Western Traditional Economic Thoughts and China’s Road to Development” chaired by Professor Ma Tao from the School of Economics in Fudan University, fully discussed several important issues such as the collectivism versus individualism, comprehensive dialectical thinking versus analytical formal logic concerning the methodology of Chinese and Western traditional economic thoughts, the process of establishing public economic system facing development divergence, the differences in value orientation, mode of thinking, research perspectives between Qin and Han Dynasties as well as the source of historical genes of divergence, in the hope of drawing academic attention to the comparative study between Chinese and Western economic thoughts.

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    Influencing Factors of Public Participation in Environmental Protection: #br# A Case Study of Environmental Tipoff Hotlines#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 118-128.  
    Abstract528)            Save
     Public participation in environmental protection is a requirement of social development and an effective way to prevent environmental risks from escalating into social risks. Public participation in environmental protection is of great significance in safeguarding public rights and interests, giving full play to the function of the mass supervision and meeting the need of government administration, thus faciliting the cause of environmental protection. The major componets and structures of public participation mechanism of environmental protection consist of two layers. One is the series of holistic and fundamental factors that influence public participation, driven by external motivation and mainly referring to the social structure and system. The other is public environmental protection awareness driven by internal motivation which includes awareness of environmental science, environmental ethics and legal awareness of environmental protection. The research results show that the willingness of public environmental participation has obvious spatial characteristics. The forms of tipoffs have a significant impact on public participation in environmental protection. Population with Household registration and GRP also have a significant positive effect on environmental tipoffs, but the per capita disposable income has no significant impact. 

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    Community Protection: From Collective to Individual Actions in the #br# Anthropological Perspective #br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (1): 129-140.  
    Abstract537)            Save
    As for the studies of collective actions, both Western and Chinese scholars focus more on how individual actions contribute to collective actions while scarcely discussing how individuals react after a collective action. However, it is not always the case that collective actions lead to the end of the event. Rather, it may mark the beginning of individual actions. Taking the online post bar of A Town Village as a case, this article analyzes how collective actions evolve into individual actions by observing the villagers’ online discussions. It is found that the villagers turned to individual actions after the failure of collective actions, yet without detachment from collective traits. It is because  villagers still seek community protection by identifying their beliefs with the community beliefs and sustaining a close emotional bond with the community. The revealed logic helps us better understand the relation between collective actions and individual actions  and sheds light on possible ways to rebuild new villages in the future.

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    How to Conduct Research of New Structural Economics
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 1-18.  
    Abstract980)            Save
    Abstract: What is the New Structural Economics? What is the research of it? Based on these questions, how to conduct research of New Structural Economics is analyzed. Five principles should be followed in the research of New Structural Economics. First, to start with phenomena instead of theoretical models. Second, to keep a mindset of “depending on none”, i.e., independent thinking by relying on no previous theories or explanations in dealing with phenomena. Third, to return to Adam Smith’s research methodology of exploring the essence and determinants of phenomena. Fourth, to start from the particular to the general in conducting theoretical studies since particularities always exist in phenomena. Fifth, to understand the differences and endogeneity among countries with various degrees of development and shift from the twodimensional economics concluded from the economic structures and experience of developed countries to the threedimensional economics based on different structures of countries with various degrees of development, so as to explore new perspectives and new ideas through theoretical modeling and empirical verification. 

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    Fintech, Banking Structure and SME Financing: from the Perspective of New Structural Economics#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 19-32.  
    Abstract1109)            Save
    The key to overcoming the difficulties of SMEs (small and mediumsized enterprises) lies in two aspects: the development of a banking structure that matches the scale of enterprises and the application of Fintech (financial technology) to the digital transformation of banks. By using the   structural data of the banking industry and micro financial data of SMEs in different provinces(20112017)and adopting the Digital Inclusive Financial Index compiled by the Research Center for Digital Finance of Peking University for SYSGMM estimation and regional analysis, we conducted the robustness analysis through static panel test and new data test. We come to the following conclusions. First, small and mediumsized banks should play a dominant role in the banking structure and the influence, measured by the proportion of small and mediumsized banks on the financing of SMEs, takes on an inverted Ushape. Second, the development of Fintech makes small and mediumsized Banks more suitable in serving SMEs while big banks are yet to fully overcome the inherent disadvantage in serving SMEs. Third, from the perspective of Fintech structure, small and mediumsized banks take the edge in expanding the lending coverage while larger banks are more competitive in terms of the extent of usage and the degree of digitalization. Fourth, demand for big banks is higher in the more economically developed East China than in other regions. 

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    A Simulation Study on Economic Policies of Structural Transition
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 33-45.  
    Abstract577)            Save
     In order to better explain the real economic phenomena such as changes in economic structure and increasing returns to scale, new structural economics proposes the concept of endogenous production function. The structured production function is a special case of endogenous production function and it is composed of several production functions of nonincreasing returns to scale which work together through transition zones. A structured production function has the property of locally increasing returns to scale in the transition area. With a simple form, it often achieves structural multiple equilibriums in the corresponding economic model, so that it can describe economic reality in more details. In those economies with structural multiple equilibriums, it is hard to ensure economic transition from a lowlevel equilibrium to a highlevel equilibrium simply by relying on market mechanisms, thus calling for governmental policies on economic transition. Through the simulation analysis of the economic structure transition policy, we come to the conclusion that transition areas with different positions will lead to different degrees of difficulty in structural transition. When a transition area is close to the lowlevel equilibrium, those economic policies that use high investment and low consumption can help the economy to achieve structural transition. However, when the transition area is far away from the lowlevel equilibrium, external resources need to be introduced in order to achieve economic transition.

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    Foreign Goods, New Fashion and Modern Life: Justifiable Dimension of Understanding the Modernity of Early Shanghai Films#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 46-56.  
    Abstract931)            Save
    Early Chinese films were produced during the years of 19181930. The book A History of the Development of Chinese Films, which evaluates films in the perspective of revolution, thinks poorly of early Chinese films on the whole. However, taking the criterion of modernity or examining a film by judging whether it expresses certain modernity or pushes forward the modernity of Chinese society, we will find that early Chinese films dominated by Shanghai films have a great value that cannot be ignored. The early films brought Chinese people a brandnew visual and sound experience powered by electricity at that time. In addition, they constituted as the major battlefields supporting vernacular modernism, shaped a new lifestyle for Chinese people and formed national identification.   

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    Zhou Jianyun and Film Handouts: Revisiting Chinese “Shadow Play”  Theories#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 57-66.  
    Abstract907)            Save
     Chang Ming Film Correspondence School, led by Zhou Jianyun, was established in 1924. Four years later, Film Handouts was published on the basis of the teaching handouts of the school. It not only systematically introduced the newest concepts about film creation at that time, but also incorporated many theories about the creation of “drama play”. In this regard, researches into Film Handouts will reveal more about “drama play” theories held by early Chinese film producers and their devotion to the film cause in the face of all difficulties. A historical review of how Film Handouts was created and compiled tells the relationship of mutual reference between “drama play” theories and cultural resources in the process of China’s modernization. Meanwhile, as a profession textbook for early drama play practitioners with wellpresented parts like introductions, playwright, direction and photograph, Film Handouts reveals the realistic significance of Chinese traditional cinematic aesthetics on rebuilding Chinese cinematic culture. 

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    Blockchain: An Effective Solution to Digital Predicaments in Governmental Governance in the Era of Big Data#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 67-78.  
    Abstract751)            Save
    It is essential to apply big data and big data thinking to governmental governance so as to improve governance capability and modernize governance system. However, governments of different levels are faced with multiple practical limitations in actual operations, such as invalidity of data, lowpotency of data, the blockade caused by isolated data islands and the threat of data security. Blockchain, an emerging technology in recent years, is a good solution to these problems. An innovative combination of multiple technologies such as P2P networking technology, consensus mechanism, asymmetric encryption algorithm and smart contract, blockchain has unique advantages including conferring value to data, decentralizing technological procedure, guaranteeing data security and presents a new pattern of trust. In this context, blockchain, based on abovementioned technologies, helps improve the quality of data that are needed by and fundamental to governmental governance. It also promotes mutual trust among different levels and departments of governments and between governments and social groups, thus achieving data sharing and improved governance. Besides, blockchain can guarantee the security of data which is closely associated with government legitimacy and public trust. To sum, blockchain, if applied appropriately, will become an effective tool in solving the digital predicaments in governmental governance in the era of big data. However, it should be kept in mind that blockchain technology is still at its initial stage and more improvements and observations of its application effects are needed, so its function in governmental governance should not be exaggerated. 

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    The Legal Nature of the Blockchain DAO in the Perspective of Token Holders#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 79-89.  
    Abstract699)            Save
    The DAO event reveals that it is of great significance to define the subject of blockchain decentralized autonomous organization (DAO), and the key lies in Token holders. The selection of Token holders as the key is significant and in line with the technological features of the DAO. Among the current arguments, identifying the corporate as the subject does not conform to the technological feature that participants on the DAO platform are also managers. What’s more, the argument of “quasiorganization” has not explained the legal implications of “quasi” and its effect of application. Only the argument of “partnership joint venture” is well grounded. The blockchain DAO has its own subjectivity which is a collective notion independent of individual Token holders, its own assets based on Token holders’ accounts and its own organizational elements based on smart contracts and consensus mechanism, thus satisfying the procedural elements of criterion doctrine. To be more specific, since the blockchain DAO meets the requirements of joint operation and joint responsibilities for profits, losses and risks, it can be regarded as partnership business. At present, as to the responsibilities among partners, the joint venture system can be applied and all Token holders should take the responsibility respectively.

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    On the Construction of Diversified Dispute Resolution Mechanism in GuangdongHong KongMacao Greater Bay Area#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 90-103.  
    Abstract721)            Save
     The construction of GuangdongHong KongMacao Greater Bay Area is a national strategy that not only integrates the development of Hong Kong and Macao into China’s overall growth, but also connects “one country, two systems” with the Belt and Road Initiative. As an important part of the construction of the Greater Bay Area, the diversified dispute resolution mechanism is a core element in creating a sound business environment. Its construction and implementation are directly influenced by such factors as institutional differences, regional uniqueness, legal diversity, market dominance, and its effect has a direct bearing on the transaction cost and the decisionmaking orientation of investors in the region. In the future, the construction and improvement of the diversified dispute resolution mechanism in the greater bay area should be carried out on multilevel legal basis and through different stages and paths. It is necessary to solve such issues as the free passage of civil and commercial judgments within the bay area, the effective identification of foreign laws, and the effectiveness and implementation of mediation agreements, so as to advance the internationalization of China’s theoretical and practical advancement of diversified dispute resolutions and raise China’s discourse power in regional and global governance.

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     Securitization of Land Mortgage in Germany#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 104-119.  
    Abstract620)            Save
    German land mortgage has gradually formed a system that combines guarantee mortgage, circulation mortgage and land debt since Germanic customary law and Roman law began to merge. The design of its legal system has been improved in terms of independence and liquidity of land mortgage in order to better finance funds. Since the securities technologies were incorporated into the land mortgage with improved independence and liquidity, land mortgage securitization in Germany has developed rapidly and affected the whole European continent. Historically, German land mortgage securitization has adopted both direct and indirect securitization. They occurred almost at the same time, permeated and supplemented each other, and developed alternately, leading gradually to gradual perfection and international influence in legal practice. Accordingly, the real estate (including land) mortgage bonds in Germany has become one of the largest bond markets in Europe and even in the world, making important contributions to the German agricultural economy.

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    Spatial Turn and Tally’s Spatial Criticism
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 120-127.  
    Abstract947)            Save
    Spatial criticism is a general term for spatial literary theory, geocriticsm, social spatial criticism, literary geography and so on. The connection between space and literary criticism has long witnessed such predecessors as Blanchot’s literary space and Bachelard’s poetics of space. In view of this, Robert Tally Jr.’s thought on spatial literary criticism, inherited and developed from Jameson’s cognitive mapping theory, is without doubt a typical case of  “spatial turn” in humanities, a process of making spatial issues prominent in literary and cultural studies. Tally expressed the idea that his spatial criticism was quite different from Westphal’s interdisciplinary geocriticism and he attached greater importance to literature. For geocriticism or spatial criticism, the most effective way is to interconnect the “real” space, the “imaginative” space and the space in reader’s mind together, as can be examined in Homer’s epics and Old Testament. In addition, Tally holds conservative attitude towards GIS approach to humanities, arguing that “human” is the key to humanities. At the very beginning of his new book Topophrenia, Tally points out that “everyone already knows what a map is and what it is used for, yet the map is also a muchcontested object or metaphor in critical theory and beyond.” A map is viewed in this way, what about spatial criticism?

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    A Comparison of the Origin of Chinese and English Fiction and the Changes of Reading Mechanism#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (2): 128-140.  
    Abstract567)            Save
    The continuous changes in the reading mechanism of Chinese and English fictions have enriched novels in aesthetic features, artistic functions and forms. With the reader group infiltrating from the nobility in the early period to ordinary citizens in the 17th and 18th century, the genre of novel completed the combination of elegance and popularity, entertainment and enlightenment. Novels have always been closely associated with readers’ lives as the genre of great modernity. In the 20th century, the elite consciousness of the modernist writers severed the connection between the novel and the ordinary readers. Then the reality that the former readers changed into film and television audiences under the media reform further deepened the fate crisis of the novel. However, by drawing lessons from the art forms such as movies and television programs, Chinese and English novels broke through in a brand new reading environment and continued their own evolution.
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    eneralized Theory of Property Rights: Exploring the Mission of #br# Building a Shared Community for Heaven, Earth and Mankind#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 1-17.  
    Abstract289)            Save
     The Generalized Theory of Property Rights, with “the property rights of Heaven, Earth and mankind” at the core, is the first field explored by the author among his “Three Theories” (property rights theory, humanistic theory and transformational theory). The exploration process is characterized by four points. First, a theoretical breakthrough is achieved. The generalized theory is gradually expanded and formed on the basis of the narrow sense of property rights theory. Second, the goal of “theory” instead of “techniques” is achieved. The ultimate goal is not the construction of a technical operating system of property rights, but a “generalized theoretical cornerstone of property rights”. Third, an integration of man and industry is achieved. The author abandons a unilateral paradigm of “isolated theoretical studies of property rights” while seeking to integrate “Generalized Theory of Property Rights” into “Humanistic Economic Theory”, which is a reform path of “dual promotion of property rights and humanistic concern” with the greatest common divisor. Fourth, the concept of “harmony between man and nature” is adopted. The author follows the same spirit as Sima Qian held while writing his Historical Records: “A unique theory can be shaped only by inquiring into the relationship between man and nature and the laws governing the past and present.” So the consideration of a community of shared future for mankind is further expanded to a community of shared future for Heaven, Earth and mankind. The process of constructing the Generalized Theory of Property Rights reflects the profound transformation China’s property rights have experienced from theory to practice over the 40 years of reform and opening up. 

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    Marginality and Subjectivity: Reflections on Film & TV Creations about #br# Ethnic Groups from the Perspective of Visual Anthropology#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 18-27.  
    Abstract431)            Save
     As a branch of anthropology, visual anthropology is mainly involved in image creation and research. Since the birth of the discipline, it has established wide and profound connections with image expressions of ethnic minorities, marginal groups or traditional knowledge across the world. Contemporary visual anthropology usually follows a set of relatively standard academic norms in producing ethnographic films, to ensure their academic value, ethical boundaries and social responsibility. It opposes “internal oritentalism” and “selforientalism”, advocates the “hostpositioned films” in which ethnic minorities express themselves, and highlights the role of ethnic community context in which the multiple values of image works are revealed, including ethnic identification, cultural inheritance and cultural reflection. In short, visual anthropology places more emphasis on the rights of cultural holders while opposing image exploitation by outsiders, so it acts as a “dose of sobriety” in the whole national systme and film & TV creation and research.

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    Group Memory and Meaning Construction in Ritual Images#br# ——Practice of and Reflection on the Ritual Images of Yugur#br#  Ethnic Group#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 28-36.  
    Abstract353)            Save
    As the core part of national culture, rituals play an important role in the continuation of national culture, solidarity among ethnic groups and realization of social adjustment by acting as carries, routes, space and fields. By observing and reflecting on ethnographic image recordings and expressions of Yugur life and production ceremonies, such as haircut rituals, wedding ceremonies and sacrifices to Oboo, we can find that the camera interacts closely with group memory, and promotes the generation of ritual image texts, which, after being expressed, become the action basis for constructing ritual meaning and a positive force in unifying group memory.

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    Concentration: Intersensoriality between the Filmmaker and the Subjects
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 37-48.  
    Abstract334)            Save
    The relationship between the filmmaker and the subjects can be understood as the conflicts or coordination among “multi senses” or “bodily senses” from the interactive perspective of visual anthropology and anthropology of senses. The author’s personal experiences of filmmaking chanoyu teaching and learning are cited here as a case in point. In chanoyu teaching, the practitioners were asked to concentrate on one thing at a time and practice the same thing many times. Disliking such “mechanical” practice at the beginning, the filmmaker was “evoked” by the use of camera, gradually developed an understanding of the practice, and finally shared the same feelings about concentration as other practitioners. This process reveals the relationship between the filmmaker and the subjects, which not only touches upon the issues of cooperation and the power and ethics of images, but also involves the sensory fields both the filmmaker and subjects have. In view of this, observational film is not simply a participant observation with the camera, but also sensorial participation and sensory interaction between the filmmaker and the subjects. 

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    Annual Report on China’s Judicial Reform 
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 49-67.  
    Abstract571)            Save
    In 2019, judicial reform was on the whole embodied in the improvement of supplemental mechanism. Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Justice announced their respective five-year reform outlines and made progress in promoting constitutional review, abolishing the system of detention education, improving the rules of civil and criminal evidence, making rules in the area of community correction and piloting the full coverage of criminal defense. However, most of the reform is supplemental to the previous reform or the improvement of the existing mechanism. Within a defined reform framework, we can gradually improve the judicial and political ecology and promote the rule of law by establishing a positive interaction mechanism in which policies can guide and adjust the justice while justice can effectively and appropriately respond to policies. 

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    The Judgment of Illegality of Exploitative Abuse in China#br# ——From the Perspective of Nonprice Exploitative Abuse
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 68-80.  
    Abstract458)            Save
    Despite its great success, the Internet economy seems to have been under the spell of “choosing one between the two” in the past ten years, as is evidenced in events ranging from the “3Q” warfare at the end of 2010 to the “Jingdong vs. Taobao” war at the end of 2019. How to judge the business dealers’ illegality of the exploitative abuse of their market dominant position has always been a disturbance to the development of the Internet industry and the governance of the Internet market. Although the provisions of Article 17(1)(5) of the current AntiMonopoly Law of China may provide a legal basis for regulating nonprice means that harm the interests of consumers, however, a general benchmark for the judgment of illegality has not been formed in legal practice. Therefore, it is suggested to learn from extraterritorial experience and specify “obvious” and “unfair” provisions while analyzing the general benchmark for illegality judgment. To judge whether it is “obvious”, it is essential to take into account the factors such as the nature of goods or services, the time, times and duration of the conduct, the scope of the abused consumers, other dealers’ trade terms in similar markets, the business dealers’ change in costs after the alteration of trade terms and the differences between prices and economic value of concerned goods or services. To judge whether it is “unfair”, it is essential to consider whether the purpose is to chase excessive monopoly profits, the nature of the conduct, duration of the conduct, market structure, market characteristics, and so on. Only in this way and based on individual case analysis, can we improve the predictability and stability of the legal suitability.

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    Performance of Independent R&D and Collaborative Innovation in the #br# Perspective of Innovation Quantity and Quality#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 81-95.  
    Abstract287)            Save
    In the perspective of innovation quantity and quality, we examine the interaction between independent research and development (R&D) and collaborative innovation and their respective performance by using the statistical data of China’s high technology industries, panel data model, panel threshold regression model and Bayesian vector autoregressive model. The results show that independent R&D contributes more to innovation quantity than innovation quality, and the interaction among them is good in general. Collaborative innovation has little effect on either innovation quantity or quality, and the interaction among them is faint. The coordination between the two remains to be improved. The contribution of independent R&D to innovation quantity has strong characteristics of scale economies, while that of collaborative innovation has weak characteristics of scale economies. The influence of independent R&D on innovation quality presents certain characteristics of scale economies, while that of collaborative innovation almost has none. In terms of innovation quantity, the input and labor force of independent R&D can complement each other, while the input and labor force of collaborative innovation complement each other only in the case of low innovation quantity. In terms of the innovation quality, the input and labor force of independent R&D are complementary with each other, while those of collaborative innovation are not.


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    Research on the Ways of Innovation Efficiency Influencing #br# Regional Economic Disparity#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 96-106.  
    Abstract289)            Save
     With the weakening of China’s demographic dividend and the increase of resource constraints, innovation has become a new driving force for economic growth. Previous researches have paid more attention to the role of innovation drive in the economic transformation and upgrading and there have been few researches on the ways of how innovation impacts regional economic disparity. This paper introduces innovation efficiency into the analysis framework of regional economic disparity. The results show that innovation efficiency has a significant positive impact on the latter. Since different regions vary in innovation endowments, the impact takes on regional heterogeneity. Innovation efficiency not only affects regional economic disparity directly, but also affects it indirectly by influencing entrepreneurship level. The direct effect is greater than the indirect effect. When the entrepreneurial level acts as the threshold variable, the effect of innovation efficiency on regional economic disparity has nonlinear characteristics. The improvement of entrepreneurial level makes the impact of innovation efficiency on regional economic disparity stronger.

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    Simulation Analysis of Soft Supply Chain in Crossborder Ecommerce #br# Based on the Theory of Generalized Ecological Community#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 107-117.  
    Abstract335)            Save
     Since the supply chain in crossborder Ecommerce is featured with flexible and diverse soft structures, traditional methods of supply chain modeling and simulation can not effectively account for its complex changing characteristics. Based on a new perspective of the theory of generalized ecological community, it is found that five key observable factors influence the supply chain of crossborder Ecommerce: the number of the types of goods, duration time on the shelf, the number of newly added users, duration of goods kept by users and the buy rate. A simulation analysis based on MultiAgent modeling points out that there are three major measures to increase profit for crossborder Ecommerce platform and suppliers: increasing the number of newly added users within unit time, increasing buy rate and increasing the number of the types of newly released goods within unit time. To sum, the study offers an effective method of researching crossborder soft supply chain. 

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    New Models, Problems and Trends of Media Convergence in China
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 118-128.  
    Abstract429)            Save
    It has been more than six years since media convergence was promoted as a national strategy. Looking back on the six years of practical exploration and a lifeanddeath struggle, we see that China’s traditional media industry has made commendable efforts in media convergence after experiencing new models such as “central kitchen”, “platform integration”, “separation of production from broadcasting” and “mixed ownership”. Entering the second half of the Internet development, China’s media industry is confronted with new problems such as predicaments in profit models, transfer of communication power, worsening brain drain and institutional constraints, which need to be addressed urgently. In the coming era of intelligence, China’s media industrial pattern will undergo dramatic changes, featuring such trends as the accelerated disappearance of media boundaries, the ubiquity of artificial intelligence, the turnaround of system reform and the enhancement of copyright protection. In short, media convergence does not believe in tears, but only in trends.


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    The Transition of American Public Art and Its Operating Mechanism: #br# A Case Study of Richard Serra’s “Tilted Arc”
    Journal of Shanghai University (Social Science Edition)    2020, 37 (3): 129-140.  
    Abstract484)            Save
    Public art in the United States dates back to period of Roosevelt’s New Deal in the 1930s. The public art in the U.S. has enjoyed a relatively sound system and favorable policies. At the end of the 20th century, “Tilted Arc”, a public art sculpture created by Richard Serra and commissioned by General Service Administration of the Federal Government, was a typical example that witnessed the double turning points of legal system and artistic creation. The study, by drawing a relatively complete picture of the case of “Tilted Arc”, aims at revealing the complexities of the legal system and artistic creation during the transitional period of American public art, so as to revisit the connotation of public interests in public art.


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    Looking Back at China: Turning Crises into Opportunities by #br# Structural Systematic Transformation at the End of 20th Century#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 1-13.  
    Abstract342)            Save
    In the 1970s, global industrial capital shifted from the western developed countries like the United States to the developing countries. China seized the momentum by opening to the West and introducing foreign investment, but was thus subject to financial deficit and further plagued by an economic crisis. It was through systematic transformation such as delegating power and responsibility to lower levels that helped China out of the crisis. In the 1980s, ten years of rural prosperity was obtained due to autonomous right to development in rural areas, but soon China encountered economic and political crises for the second time due to the stagnated urban reform and the global trend of “rightist turn” including the disintegration of the former Soviet Union and the upheaval in the Eastern Europe. At the beginning of the 1990s, in response to the economic recession, China conducted autonomous monetization and capitalization based on financial sovereignty while introducing lowend and laborintensive industries to the coastal regions. Later on, China expanded infrastructure investment by issuing more national bonds in response to East Asian financial crisis. In 2007, subprime crisis triggered financial tsunami in the West, followed by European debt crisis, resulting in decreased external demand. At this moment, China, again, turned to tremendous rural investment and domestic demand from farmers, and successfully walked out of predicaments. Now, confronted with the global crisis incurred by the Covid19 outbreak at the end of 2019, China should learn lessons from history. If China can seize the opportunity by pushing forward the transformation of national ecological civilization, the capitalization of ecological resources and the integrated development of urban and rural areas, chances are that China will take the lead in averting crises into opportunities. 

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    AI Images and “the Other” that Becomes a Part of “We”
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 14-23.  
    Abstract422)            Save
     The rapid advancement of AI (Artificial Interlligence) technologies has a great impact on contemporary society and culture. AI images and AI technologies in films  have been parallel in development roads, but interacted on cultural levels. In fact, AI images that on many occassions transcend technological development have exerted special social and cultural impact on public mentality and even resulted in the fear that AI will eventually replace human beings. The view like this means regarding AI on the whole as “the Other”by the medium of images. However, it is not totally harmful to set up AI as “the Other” because it is exactly through the contrasting structure that we have found the defects of “the Other” and come to the understanding that it is illusive to contruct a masterslave relationship between human and AI. In this zigzag way, we bring “the Other” back  to the embrace of the subject. The process resembling iek’s disparity has an unexpected goal: AI becomes a part of “We” after a slew of view changes, during which images undoubtedly serve as a medium and driving force. 

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    The Concept of Artificial Intelligence Film: A MetaProposition to Be Clarified
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 24-36.  
    Abstract412)            Save
     Artificial intelligence film has become one of the heated issues in academia. However, the concept of AI films is not a “selfevident field”. There are a couple of problems that have not been thoroughly discussed, such as the relationship between science fiction films and AI films, the relationship between AI films and related technologies and discourse, and the basic characteristics of AI films. In view of this, attempts are made to fill the gaps by elaborating the basic characteristics and logical positioning of AI films, and on this basis, the connotation and extension of this new type of film are described in order to lay a foundation for further research in this field.

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    World: The Functional Unit of Video Games
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 37-45.  
    Abstract313)            Save
    Play and games have long been entangled in game studies in the humanistic and anthropocentric perspectives. The emergence and development of video games have made the two increasingly distinct from each other, breaking through the anthropology myth centered on “play”. A Narratology and Ludology debate, combined with an analysis of Zelda: Breath of the Wild,  demonstrates that video games are no longer simply an update of narrative medium. What really matters in video games is not the characters as narrative elements, nor the interfaces as smaller interactions, but the “world” in a comprehensive way. The relationship between gameworlds and realworlds is neither a clearcut separation nor a complete fusion. Different from the dualism of fictional/real or imaginary/true distinction, video games provide a new understanding of the world. With “link” in terms of relationship and “at present” in terms of deep temporality, the “world” of video games shows the posthuman quality.

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    An Empirical Research on the Efficiency and Potential of #br# China’s OFDI in Central and Eastern Europe#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 46-58.  
    Abstract286)            Save
     Based on China’s stock of direct investment in Central and Eastern European countries, efficiency and potential of China’s direct investment in the 16 countries in Central Eastern Europe are measured against the background of “16+1” and “16+1+9” respectively, and their differences and causes are analyzed. It is found that the investment efficiency under the “16+1+9” sample is significantly higher than that under the “16+1” sample, and the investment potential under the “16+1+9” sample is higher than the “16+1” sample. The results show that China has higher investment efficiency and greater investment potential in EU members like Romania, Bulgaria and Hungary, while in Balkan countries like Bosnia, Herzegovina, Montenegro, Serbia and Northern Macedonia, the investment efficiency is relatively low. 

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    Research on the Integrated Development and Collaborative Innovation #br# of Scitech Finance in the Yangtze River Delta#br#
    Journal of Shanghai University (Social Science Edition)    2020, 37 (4): 58-73.  
    Abstract344)            Save
     Highquality integration in the Yangtze River Delta calls for coordinated development of science and technology industries serving as the important guarantee and carriers, while the coordinated development is inseparable from the support of scitech finance. Based on the analysis of the status quo of scitech finance in the Yangtze River Delta, the bottlenecks constraining the coordinated development of scitech finance have been analyzed together with their causes. In this regard, new visions, roadmaps, mechanism design and institutional arrangements are proposed in the hope of promoting the integrated development and collaborative innovation of scitech finance in the Yangtze River Delta.

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