Table of Content

15 March 2023, Volume 40 Issue 2

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Re-balancing Corporate Data Property Rights and Personal Information Rights：An Interpretation Based on “20 Articles of Regulation on Data”

XU Juan, LI Haotian

2023, 40(2):  1-19. 

Asbtract ( 1946 )  

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Corporate data property rights, as the rules of conduct based on the consent of use in the process of exercising personal information rights, are the general term for the rules of conduct of adjustments in the change of legal relationship of data property rights which guarantee the transformation of personal information into data and big data. The development of data market promotes the transformation of partial impersonal personal information into data resources, leading to the formation of corporate data property rights. This is not only a process of empowerment that transforms information into data, but also a process of just distribution of data rights and interests according to the rules of conduct governing the transactions of corporate data property rights. The rules of conduct, established after the measurement of the property interests of data which are transformed with consent, enable enterprise data property rights to maintain a balance between the personal information rights of natural persons, corporate data rights, and national public data utilization. For individuals, corporate data property rights protect personal information rights while for enterprises, they are the results of the transformation of personal data according to the trading rules of property rights. For the state, it has to require enterprises to establish the trading rules for corporate data property rights that protect sources of information while sharing the benefits of corporate data with consumers.

The Legal Nature and Internal Risks of Crypto Digital Collections under Blockchain Smart Contracts

2023, 40(2):  20-35. 

Asbtract ( 1831 )  

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The non-fungible tokens (NFTs) and crypto digital collections are the latest attempts of blockchain technology to authenticate the ownership of digital assets. The application of blockchain technology and smart contracts enables the NFTs to acquire certain characteristics of property rights. However, mere technological means can hardly secure the links between the underlying digital collections. An Analysis of the legal nature and internal risks of crypto digital collections suggests that a targeted legislation for blockchain digital assets represented by NFTs can be made to protect the property rights bearing on them. Meanwhile, regarding the separation that may occur between an NFT and its underlying digital collections in terms of technology, legality, and intellectual property rights, it is necessary to introduce some off-chain mechanism of centralization and real-name system, to reduce the internal risks of crypto digital collections, thus building a stable legal environment.

Discussion on the Socialized Relief to the Harm of Algorithm Error

DONG Wen

2023, 40(2):  36-49. 

Asbtract ( 1753 )  

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The development of artificial intelligence technology not only creates infinite possibilities for the advancement of human society, but also makes algorithm decision-making a new type of technical power. As a result, it exerts an important influence on the “power-right” pattern in the digital field. In this regard, in the face of the violation of the rights and interests of data subjects caused by algorithm errors, the mechanism of algorithm interpretation right has been widely mentioned as an ideal way to make algorithm decision-making transparent. However, this mechanism still encounters dual dilemma in the process of correcting the alienation of algorithm power: the difficulty of explaining the internal logic and the high cost of power exercise. Therefore, it is imperative to establish an appropriate harm risk distribution model of algorithm errors. The traditional “perpetrator-victim” bipolar model cannot alleviate the negative external effects of algorithmic decision-making due to the change of the attribution basis, the blurred and broken chain of causality and the imbalance between the scale of damage and the property capacity of the perpetrator. In view of this, it is essential to explore how to allocate risks from the perspective of socialized relief to the damage. Although liability insurance strengthens the compensatory ability of the person responsible for the property, it cannot provide sufficient relief to the victims because of its natural parasitic nature of tort liability. In contrast, being not limited to the determination of tort liability, the relief fund can expand the channels of risk dispersion through the socialization of capital composition and the weakening of causal elements, thus achieving sufficient, efficient and timely relief effects.

Century-old Hong Kong Films and Chinese Cultural Tradition

WANG Haizhou, YU Jian

2023, 40(2):  50-60. 

Asbtract ( 1914 )  

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Over the last century, despite the superficial entertainment orientation, Hong Kong films have always been internally connected with the mainstream Chinese culture in many dimensions. In terms of value orientation, Hong Kong films, since the very beginning of its formation, have upheld Confucian culture and Lingnan culture as the spiritual core, seeking the cultural pursuit of “guiding people to be good and upward” while focusing on the presentation of daily civilian life; some representative Hong Kong filmmakers, deeply influenced by traditional Chinese culture, have pursued classical images that stimulate nostalgic thoughts about their motherland among overseas Chinese audiences; the creative use of traditional Chinese opera elements and folk music also highlights another link between Hong Kong films and Chinese culture. These valuable experiences inherited from traditional Chinese culture constitute a unique aesthetic paradigm of Hong Kong films.

Hong Kong Films’ Reconstruction of Traditional Chinese Culture: Formal Innovation, Value Shift and Cultural Interpretation

ZHANG Yan, ZHANG Yi

2023, 40(2):  61-70. 

Asbtract ( 1910 )  

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Based on the cultural tradition of Shanghai films and the battle field of the gaming between the East and the West, Hong Kong films have always been rooted in traditional Chinese culture, blending the elements of film types, making innovations in both form and content, and revealing a social and cultural landscape with distinctive local characteristics. To review Hong Kong films from the 1930s to the return of Hong Hong to the motherland in 1997 in the perspective of Lin Niantong’s aesthetic theory of “Mirror Tour”, we can find that the cultural ecological system and stance of the “big concentric circle” of Chinese culture had always nourished the cultural landscape and spiritual temperament of Hong Kong films, and the proposal of the image and notion of “tour” distinguishes Hong Kong films with its unique identity from western films. Since Hong Kong’s return, Hong Kong films, instilled with state consciousness and local identity, have adopted the strategy of nostalgic realism and integrated individual and collective memory into the inter-textual creation of history and reality, thus regenerating a cultural memory with a community nature.

The Impact of Participation in Global Value Chain on the Intra-industry Income Gap in China

CAI Xiaoyue, HAN Yaxin

2023, 40(2):  71-86. 

Asbtract ( 1869 )  

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Under the trend of restructuring global value chain (GVC), different industries vary in the degree of GVC participation in China, so does the intra-industry income gap across industries. Literature reviews show that an increase of GVC participation will widen intra-industry income gap through the intervening transmission mechanisms such as intermediate goods trade, technological progress and factor inputs. Therefore, this paper will apply data from World Input-Output Database, a total of 19 industries in China from 1996 to 2009, to study the impact and mechanism of forward participation on intra-industry income disparity at the early stage of industrial participation in GVC; variables such as trade in intermediate goods, technological progress and factor inputs are introduced to construct panel regression models; and the differences in performance between labor-intensive industries and capital-intensive industries are compared. The empirical results show that GVC participation will widen the income gap between high- and low-skilled laborers within industries in China, and that the income gap in capital-intensive industries is basically higher than that in labor-intensive industries. At present, in the context of Dual-cycle Development Pattern, we should deepen the participation in GVC, refine the specialization degree of intermediate goods production, optimize approaches to technology progress, strengthen the skill level of low-skilled laborers, and narrow the intra-industry income gap so as to realize common prosperity.

A Bibliometric Review of Research on Green Finance in China

2023, 40(2):  87-100. 

Asbtract ( 1979 )  

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Green finance, as a practical solution to the problems of climate change and environmental pollution via the green fund allocation, plays an important role in the preservation of China’s ecological civilization and sustainable development. To have a better understanding of the research status of green finance and clarify its hot topics and thematic evolution is of great significance in improving China’s green financial system and facilitating the transition to a green economy. Based on 499 papers on green finance from CNKI from 2008 to 2021, this paper presents a systematic review of the research on green finance in China from the aspects of the number of publications, co-citation network, hot topics and thematic evolution.Results indicate that green finance, with rising publications, has attracted increasing attention from domestic academia. The research in the field focused on such topics as financial development, green economy transition, green financial products and green credit. Furthermore, five thematic evolution paths were identified along four research directions, which implied a trend of thematic integration in financial research frontiers. The study also suggests that inclusive finance and pilot zones for green finance reform and innovations will become two hot topics for further research.

The Writing of World History of the 16th -18th Century and the Rise of “Comparative Thinking”

JIN Wen

2023, 40(2):  101-117. 

Asbtract ( 1841 )  

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The period from the 16th to the 18th century saw the emergence of the genre of world history, in which Europeans drew on the natural and human knowledge of the New World and other non-European regions to chart the development of different peoples, and to compare and connect them. The writing of early world history was not only a prelude to modern anthropology in the 19th century, but also a prerequisite for the birth of “comparative literature”. In the late sixteenth and seventeenth centuries, the Christian view of human homogeneity incorporated “pagan” peoples outside Europe into the biblical narrative. Subsequently, French Enlightenment thinkers such as Bernier and Montesquieu attempted to explain the origins and evolution of different societies in terms of their natural environment and institutional inheritance, emphasizing differences among peoples. At the same time, there was also a wave of “Counter-Enlightenment” thought, which proposed a prototype of the concept of multiculturalism based on the recognition of the basic commonalities of all peoples. It was during this period, from the 16th to the 18th centuries, that the writing of world history by Western thinkers shifted from Christian monism to a more philosophical consideration of the similarities and differences of national characters, giving birth to modern “comparative thinking” and highlighting the cosmopolitan origins of Western modernity.

On the Origin of Comparative Literature and the Heritage of German Philology

HAO Lan

2023, 40(2):  118-128. 

Asbtract ( 1891 )  

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Among the multiple origins of comparative literature, one is related to modern philology originated in Germany as both a research method and a discipline paradigm. Both regard texts as secular objects that can be examined and criticized, rather than infallible sacred ones; both focus on spiritual products created by human beings, such as language and literature, rather than animals and plants in the natural world. German philology later gave rise to two main disciplines: linguistics with historical-comparative language as the pinnacle achievement, and national philology represented by Germanistik. What they left for comparative literature are the methods of tracing the “origin”, historicizing materials, and the awareness of seeking comparisons beyond the parochialism of “national literature”. In addition, German Romance philology in exile also became an important resource of American comparative literature in the first half of the 20th century.

The Thousand and One Nights and the Emergence of World Literature

FAN Ruo’en

2023, 40(2):  129-139. 

Asbtract ( 1972 )  

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Goethe, following Schleicher and Wieland, proposed the concept of world literature in 1827, which is often regarded as the beginning of European awareness of a global pluralistic literary genealogy and an implication of Western-centrism. However, prior to this, Europeans had not only accumulated knowledge about the different national cultures of the world, but also witnessed the first systematic practice of world literature that crossed the cultural divide between East and West. At the beginning of the 18th century, Antoine Galland, an orientalist, and Hanna Diyab, a Maronite from Syria, co-translated and rewrote The Thousand and One Nights. The translation triggered an unprecedented boom of oriental tales in Europe and modern transformation of narrative literature as a result of its concern for universal humanity and national cultural differences during the age of European Enlightenment. Compared with the concept of world literature that is sometimes considered as a problem, the translation of The Thousand and One Nights in Europe shows a richer theoretical connotation and illumination. Still more important, the oriental literary boom it triggered and its influence on European literature lead to the key context that enabled Goethe to propose the concept of world literature. In this sense, The Thousand and One Nights marks the birth of world literature.

“Managing Politics” of Township Governments in the Context of Rural Revitalization: An Investigation of the Homestay Project of X Village

YE Juanli, ZHOU Zelong

2023, 40(2):  140-154. 

Asbtract ( 1894 )  

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The national strategy of rural revitalization has brought many resources into the countryside, which has led the grass-roots governments to the shift from the “constrained autonomy” to the “dependent autonomy”. Against this background, “managing politics” becomes a new trend of township government behavior. An investigation of the Homestay Project of X Village in Hunan Province shows that the“managing politics”in operation of the project is essentially a replacement of market logic by political logic; in order to achieve the logic shift, the township government, by means of strategic publicity, mobilized plural township subjects to offer ideas and work together for common prosperity, leading to somewhat “political profit sharing order” to obtain political achievements and related resources.To be specific, the formation of “managing politics” stems from the strengthened constraints on township governments,enhanced institutional incentives and the expanding policy space; however, it also brought about potential risks: the non-sustainability of “political profit sharing order”, the disorder of local agency and the negative externality of featured projects. The “managing politics” of township governments in effect sparks the theoretical research on “political operators of management” and “managing villages” under the framework of state and social relations on the one hand, but poses a problem to township governments on how to give full play to its role and function in practice.