Table of Content

15 September 2023, Volume 40 Issue 5

Previous Issue   

On the Relationship Between Rights and Obligations of Community Residents  —An Observation on Community Governance in Shanghai

YU Zucheng, DING Keyin

2023, 40(5):  1-10. 

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To implement the concept of“people’s city”and to build a community of social governance in which“everyone fulfills his/her due obligations while enjoying deserved rights”, it is necessary to clarify the relationship between the rights and obligations of community residents. Based on the Community governance in Shanghai，from the perspective of“law-standard theory”, the ideal relationship should be that“the fulfillment of residents’obligations promotes the realization of their rights, and the exercise of their rights promotes their awareness to fulfill their obligations, thus striking a relative balance between rights and obligations”. However, there is a big gap between the reality and the ideal, because the rights and obligations are unbalanced. In the future, how to promote both the autonomy of urban community residents and their subjectivity and responsibility in the context of increased power control is the fundamental key to addressing the imbalance of residents’rights and obligations.


Demonstration Mechanism: A Path for the Overall Mobilization in  Grassroots Legal Construction 

ZHAO Wenpin, WAN Zhibin

2023, 40(5):  11-21. 

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The realization of top-level design of legal construction relies on effective implementation at grassroots levels, which means all members should be mobilized in grassroots legal construction, and systematic actions should be taken in terms of subject mobilization, content coverage and action continuity. As an overall mobilization path to the advancement of grassroots legal construction, demonstration mechanism can achieve full participation of all members, full coverage of legal contents, and whole process embodiment of legal thinking and legal approaches in grassroots legal construction. Demonstration mechanism can effectively improve the overall grassroots governance in accordance with law in the three dimensions of subject mobilization, content coverage and process continuity, advance simultaneously State governance, legal enforcement and administration exercise in accordance with the law, and promote the integrated construction of State, governments and society under the rule of law.


Generative Governance: The Realization Logic of Grassroots Governance Through Party Building Leadership and Its Implementation 

WU Lei, SHI Min

2023, 40(5):  22-36. 

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In the new era of development, grassroots governance and community forms have experienced
significant changes. Playing a leading role in addressing competence deficiency and resource integration
shortage that diverse governance entities have been faced in tackling community issues, Party building has
become a key way to effective grassroots governance in uncertain contexts. An analysis of a typical case of
elevator installing in Q Street of S City reveals that those challenges in grassroots governance which cross
different levels, departments, blocks, and boundaries are more likely to become the focus of Party building
leadership. Party building leadership is effective in using governance tools to address governance issues with
effectiveness, thus ultimately forming a logic of“generative governance”, which goes beyond the“State-
society”binary opposition in traditional grassroots governance. Generative governance regards the generation of
governance problems, paths and effectiveness as governance scenarios different from the“preforming”ones,
and pays more attention to subjectivity, process and creativity. It attends to the continuity and accumulation of
Party building leadership in different stages of grassroots governance, and emphasizes the generation process
and relationship between governance entities in grassroots governance, thus achieving an effective integration of
Party governance and Party service functions.


The Construction Path to Chinese Film Ethics System

JIA Leilei

2023, 40(5):  37-45. 

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Film ethics is an emerging discipline within the humanities pedigree. Taking the basic principles of ethics as the frame of reference, it adopts an integrated approach to interpreting the ethical significance of the narrative style and content of a film from the perspectives of film narrative, film psychology, film sociology and film history. As a cross-disciplinary theory, film ethics takes narrative texts of images as the research object, ethical thoughts expressed in films as the main research content, and humanistic spirit of arts as the evaluation benchmark. While being committed to creating a theoretical interpretation tool suitable for image language, it also brings the tool into the overall research paradigm of film theory that coexists with other film disciplines. Apart from the above-mentioned basic characteristics, Chinese film ethics also places special emphasis on embedding the ethical thoughts from fine traditional Chinese culture into the film evaluation system, thus promoting the prosperity and development of Chinese films in both theoretical and practical senses. 


Genre Film Studies in the Era of Media and Technology: Review and  Commentary on Thomas Elsaesser’s Mind-Game Film Research 

GUI Lin

2023, 40(5):  46-56. 

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Since the 21st century, the issue of media and technology has become increasingly prominent in the film theory research on the whole, leading to constant research transformation, as is evident in the research of genre films. Film theorist Thomas Elsaesser published three papers on“Mind-Game Film”, viewing it as a new genre closely related to media and technology. His research is not only a full consideration of the impact of media and technology as a new powerful discourse on genre film research, thus an active move to seek new research directions, but also an indication of his adherence to the classical approach to Western genre film studies, which is a defining feature of his research. Media and technology as a powerful discourse has been the status quo faced by many humanities researchers since the new century, and the current discussions on Metaverse have pushed this trend to a climax. The humanities community as a whole tend to further emphasize and exaggerate the power of media and technology. However, Elsaesser chooses to combine the tradition and the new trend through the research of“Mind-Game Film”, which is an inspiration to other humanities researchers under the influence of media and technology. 


Course, Teaching and Research Section, and Discipline:  The Evolution of Literature and Art Studies in China 

ZHU Guohua

2023, 40(5):  68-88. 

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It is essential to have a critical analysis of the history of the disciplinary construction of
literature and art. The construction process can be divided into three stages judging from the occurrence and
ways of operation of teaching and research sections. During the period of the Republic of China, teaching and
research sections were nonexistent, and the fragile subject of literature and art was not regarded as an
independent discipline, but as a course or a textbook. As to this first stage, the composition of the ideological
resources of the textbooks of literature and art and the nature of the course are analyzed. The second stage
consists in the first three decades following the founding of the new China in 1949, during which the teaching
and research sections came into being, and literature and art was perceived as a leading field in literary studies.
For this part, the shaping influence of political factors on the institutionalization of literature and art studies is
discussed, as well as the efforts made by the theorists on literature and art to preserve knowledge value under the
leadership of Zhou Yang and others. The final stage refers to the forty plus years since China’s reform and
opening up in 1978. During this period, the domination of administrative order was ended; a considerable
autonomy of the subject of literature and art was gained thanks to the operations of teaching and research section
and disciplinary development; but soon as the subject as a basic introductory course evolved into an advanced
discipline, it was also confronted with an internal academic crisis, i. e., the challenges accompanying its
transformation.


On the Setting of Reasonable Duty of Care for Copyrights in NFT Trading Platforms 

GAO Yang

2023, 40(5):  89-104. 

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NFT trading platforms have a certain duty of care in the trading of digital works to maintain the
intellectual property order in the Internet environment, but this duty of care should be set specifically according
to the type of platform. Under the B2C mode, those NFT trading platforms that provide cooperated or
independently created digital works to the public, have a high duty of care because they have strong ability to
identify and control infringed contents as providers although the digital works are stored on-chain. Under the
C2C mode, those NFT trading platforms that store digital works off-chain are a new type of internet service
provider (ISP), therefore, their duty of care should be set in accordance with such influencing factors as direct
financial benefit, control ability and popularity of works. For an NFT trading platform with off-chain storage, the
fixed fee it charges for providing basic services does not belong to the direct financial benefit obtained from the
infringement act. Moreover, it does not have the control ability because it has not set clear guidelines and
requirements for internet users to avoid infringement. Therefore, such a platform is only responsible for the
general duty of care of“notice - necessary measures”for copyright infringed contents uploaded by internet
users. However, in the case of well-known works and repeated infringements, it has a higher duty of care to
adopt technical review.


Chinese Solution: Implications of the EU Innovative Regulation of Digital Platform“Gatekeepers”

LI Ben, XU Huanyan

2023, 40(5):  105-119. 

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The importance of Internet platforms in the global digital economy is self-evident. However, a
few super platforms, characteristic of strong bilateral connectivity and data monopoly, are likely to abuse market
power and become digital platform“gatekeepers”setting barriers to market entry, thus damaging both the rights
and interests of consumers and the market environment for fair competition. As an industry legislation made
specifically to regulate Internet platforms, the EU Digital Markets Act breaks away from the regulatory
framework of the traditional competition law. Some of its regulatory innovations, such as strengthening ex-ante
regulation, imposing data portability and interoperability obligations on“gatekeepers”, have reflected the new
trend of Internet platform regulation. In the future, China can appropriately use the legislative experience of EU
for reference, implement classified supervision on Internet platforms, strengthen ex-ante regulation, and
explore local approaches to the portability and interoperability of platform data.


Short-Term Loans Used as Long-Term Investment, Digital Inclusive Finance and Enterprise Total Factor Productivity 

BU Jiewen, TANG Long, LI Guangwu

2023, 40(5):  120-140. 

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Chinese enterprises have intensified their usage of short-term loans as long-term investment
given the mismatch between the supply and demand of long-term credit funds in the financial market. Based on
the data of China’s A-share listed companies from 2011 to 2020 and the digital inclusive financial index, this
study finds that although short-term loans used as long-term investment can temporarily meet the financing
needs of enterprises, they will significantly lower their total factor productivity; the development of digital
inclusive finance effectively alleviates such a negative impact on the total factor productivity in that it improves
the accessibility of financial services to users, supplies more diversified financial services, eases the financing
constraints of enterprises, increases innovation investment and reduces inefficient investment; and the effect of
digital inclusive finance significantly varies according to the ownership nature of an enterprise, regional
financial efficiency and enterprise scale. It is essential for all regions to accelerate the development of digital
inclusive finance, so as to promote the reform of traditional financial markets, prevent and resolve major
financial risks, reduce enterprises’short-term loans used as long-term investment and their negative effects,
improve the total factor productivity and market competitiveness of enterprises, and constantly promote their
high-quality development.