Table of Content

15 May 2022, Volume 39 Issue 3

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Judicial Application of Punitive Damages for Environmental Torts

2022, 39(3):  1-16. 

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 Punitive damages for environmental torts stipulated in the Civil Code of the People's Republic of China, as a means of environmental regulation in the private law, are considered to be conducive to compensating the victims of environmental pollution and punishing and deterring the infringers. However, the system of punitive damages for environmental torts has been questioned in that the boundaries between criminal laws and tort laws have been confused, and judgments are not made in accordance with the established criteria, sometimes even causing unnecessary societal damage, in addition to their limited deterrent effect. In order to apply the system of punitive damages for environmental torts regulated in the Civil Code more effectively to judicial practice, judges should ensure that punitive damages for environmental torts and other legal liabilities for environmental pollution constitute a reasonable legal liability system for environmental torts. The applicable objects of punitive damages for environmental torts should be clarified and restricted. Punitive damages for environmental torts should be implemented in accordance with certain standards. Reasonable judgments on the amount of punitive damages should be made based on individual cases. The punitive damages should be rationally distributed among different subjects. Defendants should be granted with reasonable protection in the cases of punitive damages for environmental torts.



Legal Risks of New Business Forms of Comprehensive Services for Flexible Employment and Coping Strategies

2022, 39(3):  17-37. 

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 Affected by the Internet economy and the new concept of employment, flexible employment has surged in Chinese labor markets in recent years, leading to emerging new business forms, models and organizations that can provide one-stop comprehensive services for all parties involved. Compared with other forms of flexible employment, the form of comprehensive services has an edge for handling tax deduction of employer enterprises, reducing the labor cost in the flexible employment market, giving full play to the Internet shared economy and inclusive economy and so on. But meanwhile, since the form of comprehensive services for flexible employment has just emerged without much experience, it has been confronted with rising new problems accompanied by new phenomena, such as vague positioning of the principal parts, inefficient multiple department supervision, increased risks of tax supervision, insufficient and untimely guarantee of labor, and security problems like the leakage and abuse of data. Therefore, it is imperative to enhance the-rule-of-law guided ways of thinking, perfect institutional tools, optimize tax supervision by adopting data-driven governance, promote the establishment of multi-governance coordinated mechanism, update the protection system of labor rights and interests by the “three-way-partitioning method” and standardize the development of the new business form with full-process data and information protection. Coordinated efforts in multiple dimensions and with diverse tools are called for to guarantee the healthy development of the new form of comprehensive services for flexible employment in a scientific manner.



Immersion, Affection and Imagination in Dazzling Interactions— On the Trend of Aesthetic Isomorphism Between Films and Games

2022, 39(3):  38-45. 

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The change of screen landscape brought about by in-depth interaction and multi-faceted mutual learning between films and games is of historical significance because it indicates the awakening of film and game commercial consciousness and the adaption to the changing times. From the perspective of speciology, the affinity between films and games stems from the art of imagination, a reflection on reality and a combination of realism and fiction. From the morphological point of view, films and games share a remarkable image-based attribute—intermediality. From the perspective of the study of elements, both established forms of film and game are based on narration. From the psychological point of view, the audience’s addiction to films or games is mainly driven by psychological needs. The aesthetic isomorphism of films and games lies in multitudes of similarities between film and game scripts in terms of aesthetics and established practice. The construction logic and ideographic strategies are roughly the same, and the future narrative, through the node structure, constitutes the pivotal component of both film and game texts. Those types with prominent attributes of actions and strong interactive scenes such as adventure, war and science fiction are the best fields that can provide most opportunities for film-game integration. On the surface, it is the stories, characters and experiences that matches films and games perfectly, but in fact, it is the tacit sharing and in-depth matching of the cultural logic between the two that works. Film-game integration reflects the strong aspiration for the grafting and symbiosis between movies and games, and also confirms its possibility. In the context of mobile Internet where complex and various media modalities coexist, the mediality of films and games tend to be noumenon-oriented. The interactions, mutual penetration and aesthetic isomorphism between the two signify a unique sight of deep film-game integration in the future.



Imagination and Narrative Mechanism of Film-Game Adapted Cross-media

2022, 39(3):  46-56. 

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Film-game adaptation in the Internet age has a great influence on the reform and theoretical reconstruction of imagination aesthetics. Fruitful practice of cross-media production like this enriches theoretical construction of imagination. Film-game adaptation, by advantage of media transcoding, inter-media text structure, progression mechanism, interactive narrative of role-playing, and the identity coding and community identity of the audience’s participation, has enabled the net generation audience to build an aesthetic ideology exclusive to the human community while realizing individual identity coding and re-tribalization. All of this indicates the arrival of an era of cross-media imagination, which is of great significance to the development and integration of film-game industry as well as the enrichment and perfection of the film creation types and film ecology.



On Cinematic Imagination and Imagination Consumption in the Post-Cinema Era

2022, 39(3):  68-77. 

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Imagination as psychic or subjective ability, put into films, means spiritual capability of creating new meaning for the cinema. The imagination of cinema involves two basic propositions in film theory: “how cinema imagines”, and “how cinema affects the audience” or in other words, “how the audience appreciate or imagine cinema”. On the first level, the analogy between cinema and mind has appeared since Hugo Münsterberg, according to whom mimagination, as the secret mechanism of human mind, is an important dimension in interpreting the ontology and effect of film as media. On the second level, compared with other artistic media such as literature, cinema is criticized as depriving the audience’s imagination because of its isomorphism with consciousness and its image-bearing characteristics. Abstract, experimental and avant-garde art films and imaginative fantasy films are the two genres that could improve the audience’s imagination participation. In the digital age, the increasingly diversified cinema forms and new ways of cinema viewing and consumption enable the viewers to be collaborators and prosumers （producer-consumers）, thus providing a new means of engaging the audience’s imagination or imagination consumption in the post-cinema era.



Aesthetic Experience and Consumption Practice:Back to the Theoretical Starting Point of Film Imagination and Consumption Aesthetics

2022, 39(3):  68-77. 

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Imagination consumption aesthetics is an aesthetic theory formed through the extreme development of imagination aesthetic practice and consumption practice in the modern industrial society. Under this theory, aesthetics and consumption have moved from a relationship of being independent of each other to a lasting, open and integrated one, based on which an interdependent theoretical discourse system has come into being. The occurrence of imagination consumption aesthetics opens another middle-level theoretical path of knowledge paradigm apart from film aesthetics and consumer aesthetics. Together with film industry aesthetics, it engages in the study of discourse relationship between film and society and the integrated development between film and history. It provides valuable reference to theoretical experience and a different research path for the development of Chinese cinematic schools of thoughts and the construction and enrichment of Chinese academic discourse system.



Double Gaze and Potential World: Gaze Theory in Video Games

2022, 39(3):  78-89. 

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Despite the shift from “watching films” to “playing games” nowadays, it is still the gaze as the metaphysical foundation that makes game-playing possible. Since the study of Foucault and Merleau-Ponty, gaze has not only been considered as simply an isolated act of viewing, but also as a power, a power that constructs the order of the external world and things  on the one hand and incorporates the corporal subjects into the order of the world on the other. In the world of video games, this gaze is twofold: the embodied gaze of the player in front of the screen and the virtualized gaze of the game character. The world order of the game is established in accordance with the twofold gaze. The dialectical relationship between the embodied and virtualized gaze constitutes the ontological precondition that makes game-playing possible. However, if one goes deeper into the world of the game, he will find that that embodied gaze becomes a repetition in the Deleuzian sense, which generates a discontinuous plane of immanence where the relationship between the two gazes is reversed, i.e. the play process in which the embodied gaze controls the virtualized gaze is flipped into an embodied affective relationship, thus opening up a space of potential worlds for the real subject.



Video Game as Game of Truth—Following Foucault’s Textual Context to Explore the Possibility of the Construction of Ludo-philosophy

2022, 39(3):  90-102. 

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In today’s increasingly gamified world, the relationship between games and life is becoming increasingly close, even inseparable. On the positive side, it is a great opportunity to reflect on life and society through the lens of games. But on the negative side, it also raises serious and even critical questions for philosophical reflection, namely how to persuade and guide players to break away from the control of game devices through reflection in games. In this respect, the concept of game of truth proposed by Foucault in his middle and late period has profound enlightenment. On the one hand, he shows the transformation from power to governance, and then reveals two key points in governance: the guidance of soul and the relationship between the self and others. On the other hand, he shows the transformation of the game of truth from the political one to the philosophical one, during which persuasion becomes a key point. How to achieve philosophical persuasion like Socrates, rather than just succumb to intellectual persuasion, is an important clue to guiding the future of video games towards philosophical games.



Commensurable Bodies in Video Games: Systematic Coupling of Human and Machine

2022, 39(3):  103-113. 

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By reviewing Wiener’s original intention to develop cybernetics and the media history of Licklider’s designing of militarized air defense systems, we will discover the hidden ergonomic testing structure of today’s Action Role-playing Games （ARPG） . The prototype of this test structure was the SAGE air defense system and the user graphical interface. During the highly frequent human-machine interaction, each set of negative feedback regulation systems within humans and machines can adapt to each other. This ergonomic testing structure based on the designing concept of turning the user into an extension of the machine, combines the commensurability of computer hardware and the reversibility of the physical body to form a larger feedback loop. ARPGs, advancing with market development, instead, turn out to be an digital media art, in which authors express their aesthetic appeal and value judgement. In order to help players achieve “Game Discipline”, Hidetaka Miyazaki revealed through Bloodborne that the utilitarian design exploits excessively game players’ consciousness.



Predicaments of Urban Community Governance andTheir Root Causes in the Perspective of Role Theory—A Case Study of L Community of L City

2022, 39(3):  114-128. 

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At present, with the establishment of more green and intelligent communities, community governance becomes an important part of social governance. However, as different regions vary significantly in level of development, culture, resources and so on, different communities are plagued, to various degrees, with conflicts and frictions among interactive roles such as owners’ committees, property management companies, residential committees and residents. From the perspective of role theory, these predicaments include the inaction of the original owners’ committee and the difficulty in re-electing the new committee members, unsatisfactory attitude and poor services of the property management company and increasing complaints from the community residents in the case of the L Community of L City. The root causes can be explained in the following aspects: consensus could not be reached because roles from different entities stuck to their own stance and disagreed with each other; the role played by the residents’ committee was marginalized; the communication mechanism, with its original functions diminishing, turned out to be a platform for residents to express their anger. To sum up, since subjects of each party in the L Community failed to perform corresponding behaviors and responsibilities in accordance with due rules, conflicts arose as the gap between the expected higher quality and the reality widened, causing uncertainties to the building of a harmonious community. Therefore, it is imperative in community governance to strengthen role defining and identification of each subject, take actions in strict accordance with the role norms, and enhance role identity among different subjects.



Research on the Influence Mechanism of Population Aging on Industrial Structural Upgrading and Regional Differences

2022, 39(3):  128-140. 

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China’s high-quality economic development is facing double challenges of population aging and industrial structure upgrading. The upgrading of industrial structure can be perceived from two dimensions: service upgrading and technological upgrading. Based on the panel data from 30 provinces （cities, autonomous regions） across the country from the year 2000 to 2019, the influence of population aging on the upgrading of industrial structure among different regions is analyzed in terms of production and consumption from both theoretical and empirical perspectives. The results show: （1）Population aging significantly promotes the servitization and technologicalization of the industrial structure and influences the upgrading of the industrial structure through four intermediary variables: labor scale, labor quality, consumption level and government expenditure. （2）The impact and the ways of impact are significantly different among different regions. （3）With the deepened economic development, financialization and urbanization, the direction and intensity of the influence of population aging on the upgrading of industrial structure will change accordingly.