Table of Content

15 January 2022, Volume 39 Issue 1

Previous Issue   

Research on the Legal Basis of Processing Employees’ Personal Information#br# #br#

ZHANG Jihong, ZHENG Shukang

2022, 39(1):  1-17. 

Asbtract ( 1316 )  

Related Articles | Metrics

 The context of labor is different from ordinary life. The asymmetry between employers and the employees in terms of economic status and technology cognition can easily damage employees’ personal information rights and interests. The traditional mechanism of “informing and consent” mechanism is facing the predicaments that essential elements exist only in name in real contexts of labor and that the way of judging the legitimacy of processing employees’ personal information gradually shift towards the objective standard of being “necessary”. However, the connotation of “necessary” is vague and principled in the current legislation, which makes it difficult to resolve conflicts of interests between employers and employees. To improve the applicability of “necessary” causes, contextual analysis method is suggested, which takes into account the benefits and risks in information processing activities comprehensively. It is also essential to create specific standards of assessment test according to the legitimacy, necessity and proportionality of the employers’ personal information processing behaviors.



Routes of Improvement in Legal Protection of #br# Citizens’ Information Equity#br#

SONG Baozhen

2022, 39(1):  18-31. 

Asbtract ( 1249 )  

Related Articles | Metrics

 Citizens’ information equity, a concept derived from social equity and justice, is an important social interest enjoyed by citizens in acquiring and processing information, including equal access to information, equal use and fair distribution of information and information freedom. Due to various factors such as the competence differences of social entities in the digital life, the explicit discrimination of smart technologies and government and market’s reliance on digital technologies in the decision-making process, citizens’ information imbalance has been increasingly prominent, thus calling for urgent “technology-law” dual regulation. In response to the deficiencies in current legal protection of information equity, such as lack of targeted laws and regulations, the neglect of the appeal for “Digital Human Rights”, deviation from fairness, causes of imbalance and lack of feasible countermeasures, we can take the following measures for improvement. From the macro perspective, we should adhere to the principles of equal protection, preferential protection, timely protection and reasonable protection, and adopt the “right-setting protection” as the main protection mode. From the micro aspect, we should construct a system of rights, which can combine “soft-hard”, “point-surface”, “public-private” and “right-justice” dimensions, and enrich legal relief tools in terms of legal responsibility and judicial remedy.



Animation: Never Lower the Noble Head #br# — On Isao Takahata’s Animation Aesthetics#br#

NIE Xinru

2022, 39(1):  32-41. 

Asbtract ( 1257 )  

Related Articles | Metrics

 Isao Takahata was a renowned Japanese animator, who produced a lot of animated films. However, many of the big films he directed could not recover the cost. Here are some reasons. Isao Takahata insisted that animation, as a form of painting, should be expressed through artistic lines instead of formulaic “celluloid animation”. He rejected the subjective viewpoints which put the audience into the shoes of the characters. Rather, he adopted a defamiliarizing multi-dimensional method of expression. He preferred daily life and folk stories to eroticism and violence in the swim. All this has made his works elegant and interesting, and above all, distinct in aesthetics with his personal characteristics.



Is the Real Really So Important?#br# —Reflection on Zizek’s Film Criticism#br#

CHEN Linxia

2022, 39(1):  42-53. 

Asbtract ( 1323 )  

Related Articles | Metrics

 As Lacan’s “contemporary successor”, Zizek, in the face of a more stable capitalist ideology, made strong criticism with a force of negation based on Lacan’s later theory of the subject as the Real. In Zizek’s film criticism we can find various terminologies referring to the Real (such as the object “a”, the Thing and symptom), which not only mark the profundity of film texts, but also indicate unique logic and way of thinking. Zizek advanced from Hegel’s external dialectics of mutual recognition of master and servant to Lacan’s internal negative dialectics, showing the power of his intellectual wits. However, as a narrative with complete structure, film has its own basic structure based on daily experience of causality. Profundity is not necessarily the only standard of film art, nor is the case that the deeper film criticisms reveal the the meaning of film texts, the better they become. In this sense, although the Real is of great significance to Lacan and Zizek’s theoretical researches, its importance to film and its criticism is worthy of reflection.



Watching Films: Understanding Media under the Paradigm of Practice and the Imagination Beyond

SHEN Hui, QIAN Jiayong

2022, 39(1):  54-73. 

Asbtract ( 1217 )  

Related Articles | Metrics

 This article attempts to propose a practical approach to film/media research, to show that film/medium is not a “fixed” or “unique” concept. Different media practices lead to film/medium particularities in the process of exchanging information and organizing relationships. Due to the particularities, the relationship between the audience and the world is constantly reset by the ever-changing media practice. Different from the traditional communication research, this article holds that film as a medium, is not only a visible video text and an explicit material entity itself, but also an embodiment of the audience’s efforts to establish connection with the outside world through watching moving images. Therefore, film/media research should not only focus on images, but also on how audience achieve“being in the world” through the practice of watching films.



Derivative Risks and Path Transformation of China’s RegTech: Starting from the “Trilemma” of FinTech#br# #br#

CHENG Xuejun,

2022, 39(1):  74-90. 

Asbtract ( 1353 )  

Related Articles | Metrics

 The constant development of financial technology (FinTech) has not only brought about changes in financial risks and financial regulation, but also promoted the evolution of regulatory technology (RegTech): from technical regulatory application to regulatory data automation, and further to data-centric algorithm supervision. The “trilemma” theory in the traditional financial context holds that regulators can at best achieve two goals at any given time between financial innovation and development, financial risk prevention and the protection of financial consumers’ rights and interests. However, given the new context of FinTech development, the “trilemma” theory is hardly applicable, thus calling for reconstruction. A detailed analysis of the status quo of China’s RegTech development and its framework system reveals that RegTech gives rise to many risks such as algorithm black box and monopoly, systemic financial risk, consumer privacy invasion and data security risk. In this regard, with the research method of law and finance, the development experience of RegTech in extraterritorial marine law system (United Kingdom) and continental law system (Japan) is compared and analyzed. It is found that “twin peaks regulation” and appropriate innovative regulation are adopted respectively by UK and Japan in coping with the “trilemma”. Based on the findings, some suggestions are given for the transformation of the development path of China’s RegTech.



Regulatory Construction of the Crime of Collecting Illegal Debts in the Context of Field-based Legislation

WANG Peng

2022, 39(1):  91-104. 

Asbtract ( 1330 )  

Related Articles | Metrics

 One of the major features of Amendment (XI) to the Criminal Law of the People’s Republic of China is making targeted legislation on the harmful attributes of various criminal acts in collecting illegal debts. The crime of collecting illegal debts introduced in this revision has the following problems: lack of stereotyped classification of the crime behaviors, confusion in dealing with concurrent relationships with other crimes such as illegal detention, vague definition of illegal debt and conceptual overlapping with other judicial terms like trap loans in the crackdown on gang crimes. All these problems prevent the recognition of key elements and hinder the impunity mechanism. Based on the field characteristics of “collecting illegal debts through illegal means”, this paper clarifies the legal interests of protection against the crime of collecting illegal debts and the key elements constituting the crime from a substantive interpretation. In terms of crime congruence and cooperation, the crime of collecting illegal debts and other crimes like the crime of trespassing on other people’s residence constitute various relationships such as a complementary relationship, an alternative relationship or a combined complementary and alternative relationship. The regulation of collecting illegal debts is not only applicable to usury cases, but also to cases related to the crackdown on the gang crimes like fraud loans and soft violence.



“Sociologists” in the Epoch of Reconstruction: Their Formation and Academic Responses

ZHAO Chaoyue

2022, 39(1):  105-120. 

Asbtract ( 1084 )  

Related Articles | Metrics

The resumption and reconstruction of sociology in China produced a group of unique sociologists. As both the witnesses of the social transformations and reconstruction and the earliest academics who produced the sociological disciplinary knowledge, they played a pioneering role in the course of the disciplinary development. The formation of the “sociologists” and their academic responses to social structures and transformations can be explained preliminarily in the light of the constructed analytical framework. Sociology of knowledge and oral history can be adopted as the perspective and method of the further study of the explanation.



Bringing the City Back: The Present and Future of Urban Politics

WANG Han

2022, 39(1):  121-129. 

Asbtract ( 1236 )  

Related Articles | Metrics

In the current research of urban politics, the problem of “city vacancy” stands out: the city is only regarded as a container to accommodate various economic, political and social issues rather than a structural factor that shapes the above phenomena. The way to change this situation is to regain “Urbanism”—shaping the city as an entity that plays a structural role and taking it as the disciplinary boundary of urban studies. For domestic research on urban politics which is still at an initial stage of mainly introducing western theories, the perspective of “bringing the city back” can lay a solid foundation for the establishment of its own research framework.



Double Dimensions of Global Semiotics: #br# Starting from the Naming and Rhetoric of Plague#br# #br#

PENG Jia, YAN Jun

2022, 39(1):  130-140. 

Asbtract ( 1273 )  

Related Articles | Metrics

 Global Semiotics, a conception put forward by Thomas A. Sebeok, is all-encompassing and planetary. Its research objects include all signs of bio-semiosphere. The symptoms, the naming and rhetoric of plagues and writings on them are all important topics in global semiotic studies. Plague is a metaphor of both “pollution” and “crime” in the light of etymology, and designates an isolated, segregated or expelled object in terms of semantics as a result of its metonymic connection with a specified locality or community. Yet, with the development of modern medical science, the naming of and writings on plagues have been reexamined in the all-encompassing and planetary life web which consists of all creatures: human beings, animals, plants, microorganisms, etc.. The meaning generation of plague as a sign is no longer confined to the metaphorical frame in religions, but a topic worthy of further exploration from the perspective of ethic semiotics.