Table of Content

15 January 2023, Volume 40 Issue 1

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The History of Logic-embedded Jurisprudence; — Evolution of Legal Methodology Research in New China over 70 Years

CHEN Jinzhao, CHEN Xingwei

2023, 40(1):  1-18. 

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Abstract： Over the past 70 years since the founding of New China, legal methodology research has made great strides in system construction, knowledge innovation, upgrading of ways of thinking and shaping of rule-of-law discourse. Methodology has been an important element in Chinese jurisprudence. Legal methodology research has also gradually established the constitutive function of rules of legal thinking in the construction of the rule of law; the emphasis on logic is shaping the rule of law thinking that matches the rule of law, providing a methodological basis for the systemic construction of the socialist rule of law discourse with Chinese characteristics. The research on legal methodology over the 70 years in New China can be divided into three categories: class analysis jurisprudence featuring; comprehensive learning from the Soviet Union, skill jurisprudence featuring reasoning and interpretation methods learned from Europe and America and new era jurisprudence featuring the construction of socialist rule of law thinking and rule of law discourse based on the combination of East and West. Currently the following; problems need to be addressed: the existing legal methodology research is mainly mere integration of Western jurisprudential knowledge, principles and methods, with many research results drawing on outside experience, thus lacking originality and in-depth analysis of China’s own problems.

Research on Innovation of Legal Mechanism of Bilateral Treaty on Intellectual Property Rights under the Belt and Road Initiative

REN Hu

2023, 40(1):  19-31. 

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The regional characteristics of intellectual property protection determine the strategies taken by enterprises engaged in multinational investment, economic and trade activities to participate in the national layout of intellectual property rights (IPRs) under the Belt and Road Initiative (BRI). A study of those international conventions on IPRs which both China and other countries （involved in BRI） have joined shows that no universal conventions are applicable to all BRI countries. Therefore, it is realistic and feasible at the moment to strengthen bilateral cooperation and innovate bilateral treaty system. For instance, the legal mechanism of bilateral treaties on IPRs under BRI should embody the “common but differentiated” principle, not only demonstrating external unification, but also formulating differentiated bilateral treaty legal systems sensitive to the different intellectual property environments of the concerned countries. The strategy of “primary bilateral development, supplementary multilateral development and progressive development” should be embodied so as to achieve BRI goals step by step. We should improve China’s bilateral treaty system on IPRs by taking “the principle of coordinated advancement between trade and investment and IPRs” and “the principle of supporting capacity cultivation” as the core guidelines.



Social Responsibility for Personal Information Protection: Legal Contents and Realization

YANG Gan

2023, 40(1):  32-44. 

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Abstract： Social responsibility for personal information protection helps to urge personal information processors represented by online platforms to maintain the security of user’s information through self-regulation. According to the relevant provisions of the Civil Code and the Company Law, compliance with the law and the maintenance of transaction security are the core contents of the clauses of corporate social responsibility. Under the regulatory system of the Personal Information Protection Law, compliance with the law and ethics provides not only an important basis for testing the effective compliance of personal information processors, but also interpretation space for the establishment of a differentiated compliance system. Maintaining the security of transactions can be included in the security principles of the Personal Information Protection Law, the normative significance of which is limited to compliance with the ethical bottom line. When implementing mandatory reporting on social responsibility for personal information protection, we should separate the disclosure indicators by the method of compliance or interpretation. The establishment of a sound compliance system is an important way to implement social responsibility for personal information protection. Compliance obligations should be sunk simultaneously by the board of directors and the supervisory board. A personal information protection supervisory committee composed of external professionals should also be embedded in and accountable to the company’s supervisory board. In addition, social responsibility provisions as general norms may also enter into judicial decisions.

Film and the Wagnerian Aspiration —Thoughts on Sound Design and the History of the Senses

James Lastra , HE Shuangzi（translator）, ZHANG Ling (proofreader)

2023, 40(1):  45-57. 

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In the American film Apocalypse Now , the emergence of sound design as a practice and stereo surround sound as a technology signals the reawakening of Wagnerian aspiration. This resolutely audio-visual film is not only a landmark in modern sound design, but also a sustained reflection on the meaning of technology, spectacle and politics of sensory experience. The author traces the history of sensory experience and sound design: in the 19th century, sensory technologies became the central component of the collective apparatus perception, which allowed the human sensorium to encounter with technological modernity; in 1915, Edison’s series of “Tone Tests” witnessed the fundamental transformative phonograph as opposed to live performance; in 1958, Culshaw’s recording of Wagner’s Das Rhineland severed the finished representation from any real “original” performance, which restored the ability for sensory experience; In 1979, the film Apocalypse Now severed sound representation from a documentary function, replacing the world of actual human experience with prosthetic sensory experience, which eventually promoted the critique of “anesthetic impulse”.

Multiplying Mise-en-Scène: Found Sounds of The Night of the Hunter in Lewis Klahr’s Daylight Moon and Jean-Luc Godard’s Histoire(s) du cinéma

Amy Skjerseth , JIANG Qingyuan（Translator）, ZHANG Ling（Proofreader）

2023, 40(1):  58-73. 

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This essay situates music as a crucial catalyst in a film’s mise-en-scène (the multisensory interface that pulls spectators into films’ worlds). Developing a contour theory of mise-en-scène inspired by Cahiers du Cinéma critic Michel Mourlet, I track how sonic textures, vibrations, and rhythms have similarly palpable effects to the oft-cited visual elements of lights, shadows, and actors’ gestures. Whereas standard analyses of leitmotifs match melodies with single icons, contours multiply figurative and emotional associations as spectators see and hear the seams between mise-en-scène elements. To demonstrate this approach, I closely analyze The Night of the Hunter (Charles Laughton, 1955) and two films that appropriate its audio-visual material: Jean-Luc Godard’s Histoire(s) du cinéma (1998) and Lewis Klahr’s Daylight Moon (2002). While the former narrative film could be read through leitmotifs, its non-diegetic sounds thwart straightforward correlations, like the experimental films’ found sounds. A contour theory multiplies mise-en-scène with audio-visual superimpositions.

The Actor Network of Trans-boundary Public Crisis Governance:A New Interpretative Framework

ZHANG Yulei

2023, 40(1):  74-92. 

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The complexity of trans-boundary public crises determines the need to construct an actor network for effective governance, and the Actor Network theory provides a new interpretive framework for it. The multiple actors in the actor network of trans-boundary public crisis governance have different roles: the government as the ultimate undertaker of responsibility, the army as the vanguard in the response to catastrophe, enterprises as providers of emergency products, social organizations as important supplementary forces and citizens as key supporters. At the same time, the multiple actors have different action logic in the actor network of trans-boundary public crisis governance: the government is driven by responsibility and achievements, the army by cooperation under the military-civilian parallel relationship, the enterprises by social responsibility under the profit-seeking orientation, social organizations as self-organizing mechanisms by public value, and citizens by rational and public spirit of “economic man”. Different action logic of multiple actors results in different interactive relationships, mainly between the central government and local governments, between local governments and enterprises, between local governments and social organizations, and between local governments and citizens, social subjects and citizens. Following the general law of actor network construction, we propose specific strategies for actor network construction of cross-border public crisis governance in accordance with different stages of translation: setting up common goals at the stage of problem emergence, establishing interest coordination mechanism at the stage of interest assignment, and forming a community of responsibility at the stage of recruitment and mobilization.

Emergency and Evolution: Analysis of China’s Policies on Public Health Governance (1978-2020) 

NAN Rui, LI Yan

2023, 40(1):  93-114. 

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Since the reform and opening up policy, China’s public health governance system has been distinctly emergency oriented and featured, therefore, it is feasible to explore the reform process of China’s public health governance system and generalize the laws behind the process in accordance with the policy changes of public health emergency. Taking 460 emergency policies of public health issued by the central government from 1978 to 2020 as samples, this paper makes a systematic study on the external attributes and internal structure of policy changes from five aspects: policy time, policy types, policy subjects, policy problems and policy tools by using the quantitative analysis of policy documents. The results show that the reform of public health governance system in China followed a trend of emergency evolution, indicating the coexistence of overall increase and fluctuations at different stages in terms of policy quantity, the alternation of authority and diversification in terms of policy subjects, the symbiosis of abruptness and continuity in terms of policy themes and the integration of tool combinations and dominance in terms of policy tools. Based on this, this paper puts forward countermeasures and suggestions to optimize China’s public health governance system from the perspective of policy: coordinating policy subjects to enhance the ability of crisis response, strengthening policy tools to improve the efficiency of emergency response and optimizing the policy agenda to achieve smart emergency management.

Academic Thinking on the Coordinated Development of Elderly Care Services and the Elderly Industry

LI Juan

2023, 40(1):  115-127. 

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Promoting the coordinated development of the elderly care services and the elderly industry is an important strategic plan to actively respond to the aging of the population. The Chinese government has attached great importance to the elderly care services, increased financial investment over the years, and received wide social recognition. However, some predicaments have occurred in that the society’s excessive reliance has made the government under enormous pressure, leading to the unsustainability of the government’s support for elderly care. The development of the elderly industry is bound to help relieve government pressure and improve the quality of elderly care services. However, due to people’s inaccurate understanding of the basic attributes of elderly care, even skepticism about the provision of elderly care services by the elderly industry, the imperfect government policies on the elderly industry and other obstacles, the development of the elderly industry is still in its infancy, yet to realize its potential in China. Therefore, clarifying the logical starting point, realistic basis and theoretical basis for the development of the elderly care services and the elderly industry is of great significance for the policy improvement and the development of the elderly industry. Based on the dual attributes of welfare and privateness of the elderly care, coordinated development of the elderly care services and the elderly industry should be pursued, conducting strategic planning in three aspects: formulating sustainable elderly care philosophy, creating an institutional environment conducive to the development of the elderly industry and innovating welfare tools.

Zhu Xi’s Moral Criticism and Its Influence on the History of Literature— Based on Zhu Xi’s Evaluation of Qu Yuan versus Yang Xiong and Tao Yuanming versus Wang Wei

SHAO Mingzhen

2023, 40(1):  128-139. 

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Moral criticism is an important feature of Zhu Xi’s literary criticism, among which his evaluation of famous writers Qu Yuan versus Yang Xiong, Tao Yuanming versus Wang Wei are typical examples. With the notion of “loyalty and integrity” as the primary criterion to evaluate writers and their works by eulogizing or denouncing, Zhu has a great influence on the history of literary criticism, and helps establish the historical roles of the two sets of writers in Chinese literature to some certain extents. Zhu’s moral criticism was not only influenced by the society and politics, but also associated with his identity as a Taoist, with his idea of “Tao prior to literature” explicitly embodied in his literary criticism. Zhu’s moral criticism, being influential even today, deserves our full attention.

Reflections on the Post-Auschwitz: An Exploration of Agamben’s Aesthetic Politics

MAI Yongxiong, HOU Yinhe

2023, 40(1):  140-151. 

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Aesthetic politics is an important dimension of literature research. Agamben’s reflection on biopolitics after Auschwitz massacre is mainly embodied in three important dimensions: “concentration camp”, “living dead” and “witness”. Firstly, the brutality of Auschwitz creates material space for an “exceptional state” for Nazi supremacy. Secondly, the “living dead” in the concentration camp is an important representation of Agamben’s “homo sacer” series and the extreme image of “naked life”. Thirdly, “witness” after Auschwitz massacre means “residual” traumatic memory and “surviving” expressions and other issues. With the attitude of paying attention to biopolitics, Agamben highlights the orientation of poetic justice and critical aesthetics. His reflection on aesthetic politics after Auschwitz has enriched the literary theory space of contemporary western left-wing thought.

A Relationalist Account of Color Ontology

LIU Longgen, YANG Yaping

2023, 40(1):  152-161. 

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Being opposed to regarding color as some physical property or sui generis entity, color relationalism defines color as the relation among the subject, object and perceptual circumstances, thus somehow overcoming the limitation of such color theories as physicalism and primitivism, and highlighting the unique role of the subject’s perceptual variation in cognizing and representing color properties. Color relationalism, however, seems to have confused the subject’s perceptual representation with the objective color per se and to have failed to distinguish between the metaphysical nature of color and its epistemological characteristics. So a more rational and scientific color ontology should take both its objective and subjective properties into account by opting for a theoretical approach that is dialectical, dynamic and multidimensional.