Table of Content

15 May 2024, Volume 41 Issue 3

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Legal Argumentation Research in China: Growth and Change

LV Yuzan

2024, 41(3):  1-18. 

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Legal argumentation research in China can be divided into three stages: the first stage ofincubation and emergence, the second stage of rise and rapid development, and the third stage of new-era development. Given its different tasks in different circumstances and historical periods, legal argumentation research in China has different theoretical expressions and development focuses. After decades of development,it has evolved into an important independent research topic with numerous research approaches, topics, and teams, as well as a fundamental theory guiding and leading legal theory and the study of specific legal branches.At the same time, it also faces challenges such as how to base itself on Chinese cultural traditions and real contexts, learn from foreign legal argumentation theories, and create an independent Chinese legal argumentation theory.



Principles of Algorithmic Justice under the Synchronic Existence of Conscience and Justification —Reflecting Concurrently on the Questions Posed by Harari in Homo Deus: A Brief History of Tomorrow

FEI Xiaobing

2024, 41(3):  19-36. 

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The synchronic existence of Dao and modern natural law is manifested in the coexistence of pure conscience and justification, which helps prevent human disasters caused by data evolutionary humanism as well as technocrat plus special AI, general AI plus brain-computer integration, and so on. The idea is structured as a three-tiered logical ladder based on virtue. To prevent the conflicts arising from synchronic existence, a functional demarcation is necessary within the algorithmic diversity of remedial systems. Utilitarianism (which can be manifested as datism) and deontology (such as the priority of rights) are more suited to traditional legal domains such as private law, platform agreements, and individual personalized agreements.The Dao of law under the theory of pure conscience theory or Chinese natural law, can introduce the principle of conscience  rioritization, which is latent in daily practice, thus restricting its application to social law domains, including issues involving common conscience such as New Humanity and Strong AI. In summary, this algorithmic view of justice which is intended to prevent data evolutionary humanism, can infer the general algorithmic principle under the universe-wide justice: the principle of demarcation between conscience and justice, i. e., the principle of the conscience prioritization in social law domains and right prioritization in traditional law domains. Sub-principles include the principle of equality between the virtual and nature worlds and the principle of equality between digital and real humans. Derivative rules include the rule of human

controlling the machine whereby human freedom is predicated on the inability to choose“machine control of man”in brain-computer integration. The author recommends that its rules be included in the global neurotechnology guide.

On“Imagination Consumption”of Costume Dramas Adapted from Online Literature: Phenomenon, Essence and Reflections

CHEN Xuguang, YANG Yu

2024, 41(3):  37-49. 

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Abstract：The adaptation of online literature into historical costume dramas has emerged as a prominent phenomenon in the recent Chinese television landscape. These adapted dramas subvert the“re-expression”of “official history”under mainstream discourse, strengthening the cultural consumption function of film and television dramas within the context of popular culture, and embodying the imaginative capabilities of the “Internet Generation”to“transmigrate,”collage, blend, and juxtapose historical settings. This represents a form of historical“imagination consumption” with distinct youth cultural characteristics. New changes of environment, characters, time, and gender representation in these costume dramas are analyzed in terms of narrative gamification and the diversification of gender imagination. Drawing upon the research of Eiji Otsuka and Hiroki Azumaon 2D culture, this article argues that this shift underscores the significance of“imagination consumption”as a crucial principle in the production and consumption of historical costume dramas and even online culture. However, there are several issues in the creation of these dramas that need to be addressed. Strategies should be adjusted, and quality should be optimized to adapt to the current cultural context for their survival and development.

Boundaries, Convergence and Culture Reproduction —Transmedia Adaptations and Narrative Revolutions of Films from the Scientific Perspective

ZHOU Anhua, YANG Ruyun

2024, 41(3):  50-59. 

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In the current era of media diversification and integration, transmedia storytelling of arts has gradually come into people’s view. Transmedia storytelling is a phenomenon of multi-media collaborative narration, in which different media can make use of their own narrative characteristics to tell independent but logically related stories, thus constructing multi-dimensional narrative art. Films, which focus on narrative expression and media representation, are closely related to and accompanied by transmedia storytelling. It is argued that the starting points and cruxes of transmedia film adaptations, the boundaries and convergence of various media, the narrative reproduction achieved by textual poaching, value-added meaning, and output of audience in transmedia film production, are the keys to the success of transmedia adaptations. At the same time, digital humanities, AIGC, and other emerging technologies have created infinite possibilities of transmedia film adaptations with interactivity, and also brought about new explorations for narrative revolutions of films. 

Network Drama Adaptations: Gender Strategy, Internet Sensibility and Value Construction

FAN Zhizhong, PAN Guohui

2024, 41(3):  60-69. 

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The film and television adaptations of network literature aim to break gender barriers, reverse the gender power dynamics of“viewing”and“being viewed,”and construct an image discourse with a sense of equality. In terms of narrative characteristics, attention is given to the application of gamified or nonlinear narratives. The strategy of“genre plus”is emphasized, which employs a comedic style to bring a“light tone” that aligns with the cultural consumption psychology of young audiences. By narrating personal growth experiences, many excellent film and television adaptations strive to shape a new idealized personality and construct a more humane aesthetic home, thus achieving a poetic dwelling in the digital realm.

The“Phantom”of Romanticism：An Investigation Based on Lukács’ Complex Attitudes Towards Romanticism

CAO Xuecong

2024, 41(3):  70-81. 

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Romanticism, a crucial source of Lukács’early theory, was subsequently denied by himself,particularly after his affiliation with the Communist Party of Hungary, when he began to more vehemently critique his earlier notions. This shift is evident not only in History and Class Consciousness penned in the 1920s，but also in his aversion to romanticism during the expressionism debates in the 1930s, and even beyond the 1950s. Despite his forceful denunciation of the romantic tradition within German culture, the romantic influence that marked his early years subtly persisted. This influence, whether explicit or implicit, continued to

permeate his later literary critiques and ideological discussions. To dichotomize his intellectual journey into distinct phases is an oversimplification. Beneath the apparent discontinuity between Lukács’early and later thoughts lies a coherent spiritual orientation.




The Turn to the Life Paradigm in the Garden Aesthetics and the Political Reconstruction in the Late Ming Dynasty

DING Wenjun

2024, 41(3):  82-94. 

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The garden-aesthetics of the Late Ming Dynasty turned to the life paradigm focusing on the practical functions and the desire for pleasure in the overall planning and the spatial arrangement. This shift, combined with the perspective of the intellectual history that Yangming Confucianism replaces the dominant position of Cheng-Zhu Neo-Confucianism, implies that the late Ming garden aesthetics paradigm reflects a “Mind-Object”relationship characterized by conformity and immediacy. By incorporating material desire and the sensuality incorporated into the realm of Tao, it transcends the limit of the daily turn envisioned by Yangming Confucianism. In terms of the“Body-Tao”relationship, the life paradigm suggests that the desire and the dailyness have become new contents and new fields contained in the Tao. As a result, the Confucian tradition creates a living space independent of the mode of“implementing Tao with the support of the ruler”in line with the tradition of political governance. The living space created by garden-aesthetics represents an autonomous field absent of political governance tradition, indirectly weakening the symbolic prestige and influence of the imperial power. This constitutes a subtle form of aesthetic political criticism.

Are Social Attitudes of the Public Stable? —Analysis Based on Two Tracking Surveys

MA Deyong , LU Ming

2024, 41(3):  95-107. 

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Abstract：To what extent are the public’s views on abstract political and social issues stable and reliable? This question concerns both the reliability of social survey methods and the stability of the foundation of public opinion. Analysis of the“China Family Panel Studies”and  the“College Student Attitude Tracking Survey”has found that attitudes measured through questionnaire surveys are indeed not stable enough at both the aggregate and individual levels, but college students’attitudes are more stable than those of the general public. At the same time, attitude changes at the respondent aggregate level show clear structural characteristics: attitudes on specific social issues are more likely to change than those related to personality-cognition and fundamental values. Correlation analyses between different variables reveal that at the individual level, there exists a

correlation between changes in individual attitudes and psychological traits such as authoritarian personality, cognitive closure, political stance. Therefore, the instability of public social attitudes cannot be simply attributed to measurement errors, but requires more systematic research. Future studies need to analyze general factors affecting attitude formation and change, and explore the relationship between changes in the social and political attitudes of Chinese people and the country’s specific national conditions, institutions, and culture.

Construction of the Long-term Care System for the Disabled Elderly and Innovation in Public Health Governance

TANG Xianxing, TANG Man

2024, 41(3):  108-123. 

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The long-term care of the disabled elderly is not only a medical issue, but also a serious challenge to the current social governance and public policies, necessitating a reevaluation from the perspective of public health governance. It is essential to construct an analytical framework  ased on values, structure and tools, and identify the value consensus, co- governance structure and policy tools of public health governance. Taking the long-term care systems piloted in Qingdao and Shanghai as examples, it is found that the logic of public health governance behind them indicates that the return of the value of health issues drives innovation in public health governance; the diffusion of governance rights to diversified subjects forms the basis for a synergy on the co-governance of health issues; and long-term care insurance system, along with its diverse policy tools, jointly promotes the co-production of health services.

Evolution of the“Free-Profit”Model of Platform Enterprises and Its Resource Allocation Principles

HUI Peiyao, HU Xiaopeng

2024, 41(3):  124-140. 

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Platform companies, represented by“Taobao,”have formed a unique business model that is vastly different from traditional enterprises through continuous innovation and exploration, especially the evolving profit model based on a free pricing strategy, which has led to a surging wave of cross-border transformation of platform companies. Existing research mainly explains in the perspective of asymmetric pricing for two-sided users why platform companies provide technical services to users for free, but fails to explain why platform companies offer services to both buyers and sellers for free, and ignores the important question that“how are scarce resources in the technology service market allocated when the market price is zero?”This paper revisits the“free-profit”model of platform companies from the perspective of resource allocation. By studying their development and evolution process, it is found that“exchanging services for traffic, and then profiting from traffic resources" is the common logic for platform companies to achieve“free-profit ” through service upgrades, version stratification, and cross-border collaboration. By theoretically deconstructing the internal value creation process, it is discovered that the effects of total expansion, structural optimization, and efficiency enhancement effect of market transactions formed by the aggregation of user traffic resources are the profit sources for platform companies. By theoretically analyzing the supply and demand decision-making process in the free technology service market, it is found that the allocation of  scarce resources in the platform companies’technology service market is driven by user traffic and data; and compared with the traditional market price mechanism, a demand-centered supply optimization, as a more efficient way of resource allocation, has replaced price-centered supply and demand mutual adjustments. Government departments should change the traditional price-centered paradigm of market regulation, explore new types of regulatory methods suitable for the“free-profit”model of platform companies, regulate the traffic competition between platform companies, and establish and improve the data trading market system so as to further unleash the efficiency potential of resource allocation in the field of digital economy.