Table of Content

15 September 2021, Volume 38 Issue 5

Previous Issue    Next Issue

The Origin and Development of Maritime Legal Order: Historical Context, Legal Dilemma and Maritime Legal Right

MA Deyi

2021, 38(5):  1-16. 

Asbtract ( 307 )  

Related Articles | Metrics

Maritime legal order and the laws of the sea are within the same realm, but not in sync of development in a sense. In terms of space-time sequence and maritime-related norms, the origin and development of the maritime legal order has generally gone through the first, second and third stage of legal order. The rule of its formation and development trend can be examined in the perspective of social system dynamics, an important reference system for judging whether a country is a maritime power. A central realm in the generation of maritime legal order lies in sensible interpretation of the evolution of maritime legal rights in response to the legal dilemma involved. Our quantitative analysis of the laws of the sea strongly supports the rational basis for reshaping the core meaning of the maritime legal right in the new era, and in the meantime, briefly illustrates China’s vision of a maritime community with a shared future. 



On Trial-centralism: Underlying Logic of #br# China’s Criminal Judicial Reform#br#

XU Yun, LI Min

2021, 38(5):  17-32. 

Asbtract ( 226 )  

Related Articles | Metrics

With regard to fact-finding, dossier transfer system, pretrial procedure and trial-centralism are functionally related. Since the three aspects are overlapping in functions and successive in terms of procedure, “substantial dossier reading + necessary pretrial meeting + superficial trial” becomes the structure of fact-finding, leading to the dissolution of the trial-centralism. The vertical linear structure or administrative structure of criminal procedure characterized by judicial integration has no functional requirements for the procedural justification of fact-finding, thus becoming the fundamental reason to dissolve trial-centralism. Therefore, China’s criminal procedure calls for two transformations in the span of three stages: shifting from administrative structure to judicial structure and from inquisitorial system to adversary system. Only by doing this can we realize trial-centralism or defendant-centralism in the real sense and solve a series of problems from technology to concept that have long plagued China’s criminal procedure.



The Modernity Turn of the Legendary Narrative of Chinese Films since the New Period

CHENG Bo, YUAN Daowu

2021, 38(5):  33-45. 

Asbtract ( 286 )  

Related Articles | Metrics

 Legend is a holistic narrative paradigm of various genres in ancient Chinese literature, which is also inherited in Chinese films. In the early Chinese films, old-style ethics and aesthetics were the distinct characteristics of legendary narratives. However, since the new period of reform and opening-up, the pre-modernity narrative paradigm has acquired obvious modernity characteristics in terms of aesthetic and ideographic expressions with changing historical contexts. It is essential to combine the contexts of ideological history and cultural history to examine how the legendary narrative of Chinese contemporary films has evolved along with Chinese narrative poetics which has always attached importance to historical writing, and to explore some modernity symptoms from this evolution.



Post Theory, Post-cinema and After Theory of Cultural Studies：Revisiting the Debate of Post Theory

LIU Xinting

2021, 38(5):  46-55. 

Asbtract ( 289 )  

Related Articles | Metrics

 Though both translated into Chinese expressions with the character of “后”, “Post Theory” and “post-cinema” in film studies and “post structuralism” and “After Theory” in literary theories are fundamentally different in that they have unique research questions and topics for discussions. ?i?ek’s criticism of the “Post Theory” on the basis of concept clarification, has a particular ideological significance in the transitional era. In the decline of Cultural Studies, ?i?ek’s re-symbolization and cognitive research of post theories constitute alternating theoretical choices for the production of humanistic knowledge in the wake of the “sokal-text” event.In the current “Post-cinema” state, the continuous development of Cultural Studies and the steady advancement of film philosophy present new opportunities and challenges to the studies of humanities in the development of new liberal arts.



Dilemma in Urban Community Governance: Unbalanced Rights and Obligations #br# —Reflection on a Field Investigation of Shanghai Communities

YU Zucheng HUANG Jiachen

2021, 38(5):  56-67. 

Asbtract ( 265 )  

Related Articles | Metrics

 The relationship between rights and obligations is an important perspective to examine the construction and conservation of human society. Viewing urban community governance from this perspective, we may easily find that both the notion of “the People’s City” and the goal of building a social governance community are identified with the concept of “residents’ obligations preceding residents’ rights ”. Given the dilemma of urban community governance that “while China’s urban residents are enjoying increasing services (rights) in communities, their due responsibilities and obligations as community masters are continuously degrading, even disappearing”, the critical approach to this problem lies in constructing a community governance mode in which residents’ rights and obligations are comparatively balanced. Based on a field investigation in communities of Shanghai and using the mobile observation method and fixed-point observation method, we find that over-administration of the neighborhood committees, low-level operation of residents’ self-governance and weakening sense of community are the leading causes of residents’ unbalanced rights and obligations. In the future, sustainable development of Chinese urban community governance shall not only rely on appropriate intervention and policy support from government bodies, but also on residents’ self-governance combining both responsibilities and obligations and on the building of a governance community where “everyone is responsible, conscientious and rewarded”.




Policy Intervention, Community Types and #br# Action Strategies of Social Organizations#br# —A Diachronic Observation of Shanghai IFINE Environmental Organization’s Participation in Community Garbage Classification#br#

LI Jian, LI Chunyan

2021, 38(5):  68-78. 

Asbtract ( 299 )  

Related Articles | Metrics

 With the rapid development of garbage classification in China, social organizations have drawn wide attention due to their important role in effective management of community garbage classification. However, there is still a lack of in-depth disclosure and induction on how social organizations carry out community waste classification. Combined with policy intervention and community type, an analysis framework of how social organizations select action strategies is constructed. We take the IFINE Environmental as a case study, track its involvement in four different community types, and then analyze its action strategies and selection logic accordingly. The results show that: a) compared with the government issuing mandatory orders, social organizations are more resilient and flexible in adjusting action strategies of community mobilization to different situations, thus effectively guiding community residents to carry out garbage classification; b) the action strategies of participating social organizations go through the changes in content and  way of participation from persuasion, participation, empowerment to authorization; 3) the action strategies of participating social organizations are variable and influenced by both policy intervention and concrete situations.



Government Facilitation, Market Efficiency and #br# Development Mechanism of Characteristic Agriculture #br#  — A Historical Investigation of the Industrial Upgrading #br# of Southern Jiangxi  Navel Oranges #br# #br#

XIONG Debin , OUYANG Hongshu, LI Jiahuan

2021, 38(5):  79-92. 

Asbtract ( 293 )  

Related Articles | Metrics

 Based on historical changes and temporal sequence, the evolution process of factor endowment change and industrial upgrading of navel oranges in southern Jiangxi province are analyzed in three stages. Following the grounded theory, the paper analyzes the driving forces behind the change of factor endowment and industrial upgrading in terms of “market efficiency” and “government facilitation”, with an emphasis on government facilitation of industrial development. It is found that the upgrading of navel orange industry in southern Jiangxi has experienced from agricultural self-sufficiency to initial industrial prosperity, and finally to the integrated development of primary, secondary and tertiary industries. The development mode of navel orange industry in southern Jiangxi can lend service to a path of characteristic agricultural development.

Enterprise Social Media Utilization under the Circumstance of the COVID 19—A Study on the Moderating Effect of Public Social Media

ZHAN Jun, WANG Luyao, GUO Zheng

2021, 38(5):  93-109. 

Asbtract ( 300 )  

Related Articles | Metrics

Encountered by the COVID-19, domestic firms have utilized enterprise information platforms as social media outlets to conduct epidemic prevention, information exchanges, organization coordination, work operations and so on. Enterprise social media (ESM) has demonstrated unique advantages and played a significant role in running organizational production and operation. However, a lower level of employee motivation and participation is a problem that has caused a reduced effect of ESM. The current studies have presented limited findings on such issues as what is the status quo of employee utilization, what motivates the utilization of ESM, and how public social media experience (PSME) exerts moderating effects on ESM, and empirical quantification analyses are expected. Based on the Utilization and Gratification Theory (UGT), the authors propose and verify a model on the relationships among the degree of ESM utilization, ESM utilization motivation and the degree of PSME through the structural equation modeling (SEM). The results demonstrate that information sharing and self-documentation are the two motives for employee ESM utilization; and positive moderating effects of the PSME on the relationships between information sharing and ESM utilization and between self-documentation and ESM utilization start to work unless the PSME is up to a middle or even a higher level. Moreover, the analysis through the Johnson-Neyman method presents quantitative outcomes, clarifying a significant range of the moderating effects of PSME on ESM utilization. The research is conducive to a better understanding of the working mechanism among ESM utilization, ESM utilization motivation and PSME, and provides domestic firms with necessary references for making decisions on information management.



Will “All-rounder” Employees Turn Out to Be “Idlers”？#br# —The Influence of Polychronicity on Time Banditry Behavior#br# #br#

HU Xiaolong, MA An’ni

2021, 38(5):  110-122. 

Asbtract ( 327 )  

Related Articles | Metrics

 Based on conservation of resources theory and cognitive evaluation theory of stress, the influence of polychronicity on employees’ time banditry behavior is discussed and the moderating effect of challenge stressor appraisal and hindrance stressor appraisal is explored. Through the analysis of 323 valid samples, the results show polychronicity has a positive impact on employees’ time banditry behavior; perceived overqualification partially mediates the relationship between polychronicity and time banditry behavior; the relationship between perceived overqualification and time banditry behavior is respectively moderated by challenge stressor appraisal and hindrance stressor appraisal negatively and positively; and the mediating effect of polychronicity on employees’ time banditry behavior is negatively moderated by the challenge stressor appraisal and positively moderated by the hindrance stressor appraisal. 



Governance of Risk Society in the Perspective of Governmentality#br# #br#

BAI Rui, SU Lin, Nicholas S. Brasovan

2021, 38(5):  123-130. 

Asbtract ( 258 )  

Related Articles | Metrics

The research on governance of risk society calls for a basic theory. In the perspective of Foucault’s theory of governmentality, the features of risk society based on modernity are analyzed, state governance on a macro and dynamic level is explored in a new perspective, and a general theory of risk society governance is attempted to be achieved. According to the theory of governmentality, modern state governance involves expertise management based on “Raison d’état” (Reason of State) with a view to avoiding uncertainty, while risk society, typically representing “the second modernity”, features systematicity, uncertainty and the specialization of practice and knowledge. Therefore, the theory of governmentality provides a basic conceptual framework for a general theory of risk society governance. Nevertheless, a warning should be rung that rigidity of institutions and over-governance arising from institutional, cultural and technological problems are becoming potential traps for contemporary social governance.



Cognition, Empathy and Aesthetic Imagery#br#   — On the Role of Mirror Neurons in the Generation of Aesthetic Imagery#br#

HU Jun

2021, 38(5):  131-140. 

Asbtract ( 290 )  

Related Articles | Metrics

 From the perspective of neuroaesthetics, the mirror neuron system of human brain carries out embodied cognition through internal motion sequential encoding of perceived messages, and achieves the empathy effect between human individuals either through abstract language cognition facilitated by vocal movement representations or through emotional understanding by reading other people’s facial expressions or behaviors. In the aesthetic appreciation and creation of literature and art, the mirror neuron system not only plays an important role in embodied cognition, language cognition and empathy, but also works together with other systems like the memory system, the default system and the emotion system, to generate comprehensive, multidimensional and cross-sensory aesthetic imagery while centering on simulation motion imagery, achieving in-depth experience of aesthetic pleasures.