Table of Content

15 July 2023, Volume 40 Issue 4

Previous Issue   

From Traditional Criminology to Digital Criminology

SHAN Yong

2023, 40(4):  1-17. 

Asbtract ( 111 )  

Related Articles | Metrics

    The digital age is witnessing the criminology research theme evolving from“cities attracting crimes”to“network attracting crimes”, in which digital technology and digital platform have become brandnew theoretical elements. The mode of platform governance of crimes is catching increasing attention, for which the gatekeeper rule has provided systematic and institutional basis. In overseas theoretical circle, digital criminology was put forward as a distinctive academic label, and it has become the theme of the times to reconstruct the order of digital society with the assistance of criminology. In China, digital criminology is also booming, following such paradigms as the system theory based on platform ecosystem, the information theory based on online control, and the cybernetic based on gatekeeper regulation. Getting out of the aphasia dilemma that traditional criminological theories are confronted with in explaining new types of crimes, digital criminology has become the most dynamic research direction. In the future, it should pay more attention to such important theoretical issues as perceptions of new types of crimes and underground cyber industry, the inheritance and development of traditional criminology, the application of gatekeeper regulation and its problems, and the value balance of platform governance.

From Metaverse to Law 3.0: The Genealogy of the AI Act

LIU Xinyu

2023, 40(4):  18-28. 

Asbtract ( 117 )  

Related Articles | Metrics

    Metaverse is a digital space resulted from the integration of existing technologies such as big data, artificial intelligence, 5G and AR/VR. Traditional Law 1.0 has a rule system that regulates facts to be specified. Law 2.0 contains new rules and regulatory framework, thus directly serving relevant policies. Law 3.0 recognizes that new technologies are also regulatory tools. The influence of technology on legal system began with“system theory”and flourished in cyberlaw. However, the AI rule of law is different from the Internet rule of law in that users live and interact with digital people, and the algorithmic entities share no hierarchical structure except consensus mechanism (code). Law 3.0 does not mean the end of Law 2.0 or Law 1.0. Instead, it reinterprets regulatory responsibility as the core and sets up a“triple license”for the use of technical tools. The latest AI legislative practice home and abroad embodies the spirit of Law 3.0.

Risks and Control: The Construction and Prospect of the Function of Digital RMB in Anti-money Laundering

YUE Ping, YANG Jingjing

2023, 40(4):  29-40. 

Asbtract ( 159 )  

Related Articles | Metrics

    The emergence of digital RMB is in conformity with the trend of history. The digital RMB will inevitably replace private digital currencies favored by those who pursue personal freedom. The digital RMB under the big data, has the advantages of underlying technologies, dual distribution mode, and the technical framework of big data center, registration center and certification center, which enable it to be“anonymous for small amount and controllable in large amount”. All these features make it a natural cutting edge in cracking down on money laundering crimes. However, the financial risks and legal dilemma caused by the imperfect technology and system of digital RMB can not be ignored, which may easily lead to loopholes exploited by criminals to launder money. Therefore, it is necessary to build a financial compliance system of digital RMB, improve the existing RMB management system on its legal regulation, adhere to the principles of“establishment going before abolition”and“big-picture and priority first”, so as to accelerate the construction of the function of digital RMB in anti-money laundering. 

Fei Mu’s Image Writing: A Distinct National Style

NIE Xinru

2023, 40(4):  41-53. 

Asbtract ( 67 )  

Related Articles | Metrics

The national style in Fei Mu’s films has been widely recognized, however, it is not inherent. In most of Fei’s early films, such as Song of China and The Wolf Hill, he adopted Western film narrative skills like shot/reverse shot, metaphor, symbol, paralleling shots, etc, winning him a high domestic reputation for skillful western film languages. But to our surprise, in his film Confucius shot in 1940, Fei abandoned those classical skills most used in American and Soviet Union films that he was so familiar with, such as shot/reverse shot and paralleling shots. Instead, he adopted theatrical means to express film conversations and narratives in specific scenarios, in order to create a Chinese way of image writing. His courage and determination was impressive. Unfortunately, the film wasn’t a success. It was not until the shot of Spring in a Small Town in 1948 that Fei Mu became skilled in self-invented image expressions which took the place of the Western shot/reverse shot. In addition, his restraint in the application of close shot and close-up shot added to the success of the film, which became a masterpiece for the nationalization of Chinese films. 

Unnatural Narrative: An Uncertain Existence

QIAO Guoqiang

2023, 40(4):  66-77. 

Asbtract ( 119 )  

Related Articles | Metrics

    Jan Alber is one of the important western“unnatural narrative”theorists. Taking the “unnatural”concept in unnatural narrative as the starting point, an analysis of the normative nature of a concept category reveals some defects in the concept of unnatural narrative. In the construction of a new concept, narratologists should not just put together some concepts and terms on different levels and in different meanings. A concept or theory can have its own characteristics and value setting, but the premise is that the theoretical construction must have a clear set of connotation and extension, and should not employ a method of generalizing to another term casually, and make it an“uncertain”existence. Scholars concerned also have different views on the concept of unnatural narrative, with some of them even opposing it, which also indicates from the other side that the concept lacks a proper consensus. 

The Nature of Fiction: A Review of the Academic History of a Fundamental Problem

TANG Xiaolin

2023, 40(4):  78-87. 

Asbtract ( 93 )  

Related Articles | Metrics

    Fiction is one of the fundamental abilities that distinguish humans from animals. So far, most discussions of the nature of fiction have been confined to realism, institutional theory and communication theory as well as their complicated relations. Realism is to find out the real attributes in fictional objects or fictional narrative that distinguish them from real objects or factual narrative. These attributes are regarded as the nature of fiction. Institutional theory, on the other hand, attributes the nature of fiction to socio-cultural conventions. Based on the communication theory, the Double Framing Principle is of landmark significance in solving the nature problem since it reveals the nature of fiction and the composition of the fictional world in a thorough manner. The debate it has brought about is essentially the conflict between realism and institutional theory triggered under the perspective of communication theory. Therefore, how to deal with the internal logic among realism, institutional theory and communication theory and realize the integration of the three is an effective way to advance the discussion of the nature of fiction.

Predicaments of Western Narratology When Applied to Chinese Traditional Fictions

JIANG Shouyi

2023, 40(4):  88-97. 

Asbtract ( 90 )  

Related Articles | Metrics

    Given the textual paths it relies on, western narratology can hardly explain Chinese traditional fictions in terms of narrative complexity, plots, uniqueness of characters, certain narrative patterns and logic, and narrative gap. Moreover, its theoretical construction in implied author, narrative reliability, narrative perspective, and semantics’square array, fails to explain Chinese traditional fictions effectively. In addition, its narrative critique on concrete works cannot contain the multiple dimensional commentary on Chinese traditional fictions as well. Therefore, western narratology presents many predicaments when applied to Chinese traditional fictions.

Construction of Shanghai Digital Trade Rule System: Characteristics, Deficiencies and Countermeasures

YIN Feng, DANG Xiuyu

2023, 40(4):  98-110. 

Asbtract ( 145 )  

Related Articles | Metrics

    Based on the clauses listed in the TAPED database, this paper constructs a framework of digital trade rules. Using the text research method to compare and analyze the relevant policy documents implemented in Shanghai during the period of“14th Five-Year Plan”, the paper further analyzes the realistic dilemma faced by Shanghai when applying the digital trade rules. The results show that the number and content depth of the provisions of Shanghai’s digital trade rules are increasing, and what is particularly noteworthy is that a myriad of beneficial practices and cases have been collected in the field of digital trade facilitation and cooperation. However, there are still deficiencies in some controversial issues that require high standards, such as response to digital trade barriers, digital trade business environment, government obligations, digital trade regulation. The inconsistency of digital trade rules, the lack of self-oriented digital trade rules, and the deficiency of digital governance system in China, have become the factors restricting Shanghai’s catch-up with high-standard digital trade rules. Therefore, Shanghai needs to take forceful measures including establishing and improving the cross-border data flow management system, taking the initiative to align itself with high-standard digital trade rules, enhancing consumer confidence, accelerating the opening of government data, and strengthening international exchanges and cooperation, in order to promote the aligning process and accumulate experience of “China solutions”to the establishment of digital trade rules.

Financial Development and Occupation Choice —A Study Based on Risk Aversion Motivation

JIN Hongfei, CHEN Yingying, SHAO Junyao

2023, 40(4):  111-127. 

Asbtract ( 91 )  

Related Articles | Metrics

    An occupational choice model is constructed to explore the influence of financial development on personal occupation choice, and inferences gained from the theoretical model are further verified against the data of Chinese Household Finance Survey (CHFS) of Southwestern University of Finance and Economics. The results show that the higher the level of financial development, the lower the probability of individuals choosing stable occupation. Such an effect can be attributed to personal risk aversion motivation. This conclusion persisted after a series of endogeneity discussions and robustness tests. Further research shows that the impact of financial development on stable occupation choice is more significant for households with medium assets than for those with small or large assets. This study supplements the research on the relationship between financial development and occupation choice and the motivation of occupation choice, and provides inspiration on how to mobilize individual job-hunting vitality in a practical sense.