Loading...

Table of Content

    15 September 2024, Volume 41 Issue 5
    Construction of China’s Foreign-Related Rule of Law System
    LIU Xiaohong
    2024, 41(5):  1-12. 
    Asbtract ( 297 )  
    Related Articles | Metrics

    The foreign-related rule of law system is an important component of the socialist legal systemwith Chinese characteristics. As the bridge and link between domestic rule of law and international rule of law,the foreign-related rule of law is based on the specific practice of building a rule of law in China and is also related to the stability and development of international rule of law. The foreign-related rule of law system encompasses a complete set of foreign-related laws and regulations, an efficient implementation system for foreign-related rule of law, a well-established system of legal services for foreign-related matters, and an open system for integrating foreign-related rule of law. The system embodies extensive involvement and strong interconnectivity in the work of foreign-related rule of law, which are its basic  characteristics. The construction of the foreign-related rule of law system requires effective safeguard mechanisms, enhanced development of a specialized talent training system, and the building of an independent knowledge and discourse system supported by international law. These are the driving forces for constructing and improving the foreign-related

    rule of law system.

    Revision of the China’s Arbitration Law from the Perspective of Foreign-related Rule of Law
    FENG Shuo
    2024, 41(5):  13-24. 
    Asbtract ( 217 )  
    Related Articles | Metrics

    An important guiding principle of the revision of the Arbitration Law of the People’s Republic of China is to coordinate the advancement of both domestic and foreign-related rule of law. A pressing issue is how to continually optimize the business environment and create international arbitration centers and first-class arbitration institutions through legislative amendments. Compared with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration, the Arbitration Law of the People’s Republic of China still has institutional

    shortcomings in areas such as the seat of arbitration and ad hoc arbitration. The unclear positioning of arbitral institutions further hinders the improvement of China’s arbitration system. Additionally, the indeterminate interim measures and judicial review standards weaken the international competitiveness of Chinese arbitration. Therefore, the revision of the Arbitration Law of the People’s Republic of China should not only align with international standards to accelerate institutional improvement, but also clarify the legal status of arbitration

    institutions and loosen restrictions on their development. Moreover, it should be based on China’s actual situation to improve the standards for interim measures and arbitration enforcement under the bifurcated

    system, thereby assisting in the construction of foreign-related rule of law.

    Issues of“Principles”of Musical/Opera Films in New China
    NIE Xinru
    2024, 41(5):  25-36. 
    Asbtract ( 133 )  
    Related Articles | Metrics

    The musical film genre in New China, starting with The White-Haired Girl, raised two fundamental issues. The first issue is about media. As stage and film belong to two different media, musical films gradually evolved into two distinct styles over the course of New China's film development: one inclined towards realistic depiction and the other towards stage representation. The second issue is about audience reception. Given the fact that the emotional engagement brought about by opera film singing is often in opposition to the contemplative nature of narrative expression, it is essential that the legendary nature of the narratives be compatible with the music to attract audiences, thus producing films with typified characteristics. However, in the ideological environment of the New China period, only a few works managed to achieve compatibility, while most failed to balance both aspects.

    Phantasmagoria: Ghostly Media, Dialectical Images, and an Unconscious Optical Mechanism
    PAN Jingzhi
    2024, 41(5):  37-51. 
    Asbtract ( 203 )  
    Related Articles | Metrics

    Abstract:By focusing on three key aspects—ghostly media, dialectical images, and the phantasmagoric mechanism—this discussion proposes a“new discourse”on the phantasmagoria of“old media”from the perspectives of media archaeology, image epistemology, and optical mechanism. As a dispositif of“images and bodies”without a specific media form, phantasmagoria has deep roots in media archaeology and numerous contemporary manifestations. In the evolving landscape of new media, the phantasmagoric optical mechanism unique to phantasmagoria has not been given sufficient attention. It is precisely this unconscious optical mechanism that defamiliarizes spatial forms and embodiment issues, thereby disrupting existing media classifications and forms of artistic representation. Moreover, it introduces dialectical inspiration from various aspects, including spiritual metaphors, sensory stimulation and manipulation, image epistemology, and the integration of realism and imagination, thereby enriching the discourse system of image typology and image dispositif.

    Socialist Feminism: The New Development of Contemporary Chinese Feminist Film Criticism#br#
    WU Jun, CHENG Bo
    2024, 41(5):  52-63. 
    Asbtract ( 328 )  
    Related Articles | Metrics

    社会主义女性主义电影批评是近年来中国女性电影批评中出现的新潮,它反对欧美女性主义理论话语霸权,强调对中国社会主义妇女解放运动进行重估,以确认一种不同于西方模式的本土社会主义女性主义,由此开展对社会主义女性主义文化实践即社会主义时期女导演电影的重读,并将其定义为社会主义女性主义电影。与社会主义女性主义电影批评相似的女性主义本土化批评最初源于文学批评,很快也进入电影批评领域,二者建立本土女性主义概念的共同目标使它们有汇合的趋势,共同构成当下中国女性电影批评一个新的发展方向。

    Dimensions of“Public Sentiment”and Its Policy-Conception Generative Mechanism
    JING Huaibin, DING Taiping
    2024, 41(5):  64-83. 
    Asbtract ( 187 )  
    Related Articles | Metrics

    “Public sentiment”is a core concept in national governance. Understanding its dimensions and generative mechanism constitutes a necessary framework for comprehending China’s governance. By reviewing the traditional political cultural roots of“public sentiment”and modern political thought, this article presents an operational definition of“public sentiment,”its measurements based on a“problem-phenomenon” approach, and a theoretical model of“policy-conception-communication”generated by these measurements. Analysis of 4,203 questionnaires reveals that“public sentiment”encompasses five dimensions: satisfaction with national governance, party recognition, ethical government, fulfillment of material needs, and fulfillment of safety needs. It is highly correlated with the evaluation of the legitimacy and effectiveness of national governance, as well as with government trust, and has a significant functional effect on national governance behavior. The generation of“public sentiment”is significantly positively influenced by traditional political culture, national identity, sense of policy benefit, political thinking, consciousness of the Chinese national community, spirit of sacrifice, prosocial ideas, confidence, government information, and trust in government information. Conversely, it is significantly negatively influenced by the ultimate view in Confucianism, materialism, awareness of equality, and scientific attitudes. Notably, factors such as the sense of policy benefit, sources of government information, and trust in government information produce notable moderating effects.

    Holistic Alignment Based Technological Diffusion: The Debate Between Open-source and Closed-source Large Language Models
    GAO Qiqi, ZHANG Haomiao
    2024, 41(5):  84-97. 
    Asbtract ( 128 )  
    Related Articles | Metrics

    The open-source versus closed-source debate surrounding large language models (LLMs) is a significant point of contention, primarily focused on issues of efficiency, security, and principles of equality and democratization. The motivation for open-sourcing LLMs stems mainly from the unique market advantages and economic benefits they offer, as well as the idealistic pursuit of developers who advocate for technological equality and democracy. However, open-sourcing LLMs also pose several challenges, including economic benefit, societal acceleration, and social security challenges. Addressing the latter two challenges requires

    human society to respond in two ways: firstly, by using appropriate levels of closed-source strategies to buffer the speed of technological diffusion, and secondly, by aligning technology to ensure large models are constrained by societal rules. Alignment of LLMs should be holistic, encompassing graded alignment, dual alignment between humans and LLMs, and alignment across the entire production process of LLMs. The mechanisms for achieving this include transparency mechanisms and negotiation mechanisms.

    Responding to the EU’s Carbon Border Adjustment Mechanism in the Context of Climate Governance and International Trade Coherence
    WEI Shengxiang
    2024, 41(5):  98-112. 
    Asbtract ( 136 )  
    Related Articles | Metrics
    The EU Carbon Border Adjustment Mechanism (CBAM), which applies to traditional carbonintensive industries such as steel and electricity, aims to complement the EU Emissions Trading System (ETS) by gradually eliminating free carbon allowances and preventing carbon leakage. Given the export volume and product structure of Chinese products, carbon-intensive products are highly related to the CBAM, which will significantly impact China’s participation in global climate governance and its competitiveness in international trade. To effectively respond to the CBAM, China can consider, at an opportune moment, resorting to the WTO dispute resolution mechanism and contemplate coordinating new plurilateral agreements on environment and
    trade. This would enable China to actively engage in negotiations for the liberalization of environmental products and services, break down trade protectionism, and promote a green economy. In the long run, China should take the initiative to accelerate the green transformation of high-carbon industries, establish and improve the design of the carbon trading market and carbon tax system, and guide a top-down climate trade compliance management plan from the government to enterprises. These measures will help China effectively cope with climate change and enhance the competitiveness of Chinese products in international trade.
    Armed Forces, Democratic Regime, and the People: Rethinking the Fundamental Issues of the Shanxi Anti-Japanese Base Area
    CHANG Libing, LIU Shufeng
    2024, 41(5):  113-131. 
    Asbtract ( 207 )  
    Related Articles | Metrics

    After the outbreak of the full-scale War of Resistance against Japanese Aggression, the Eighth Route Army advanced into Shanxi and established a base behind enemy lines, playing a strong role as a “revolutionary fortress”in the protracted war of resistance across North China. This was reflected not only in the creation and utilization of armed forces, primarily through mountain guerrilla warfare, but also in the construction of political power in the base area under the special relations of the united front featuring “independence within the united front,”which provided fundamental political guarantees for the deepening of the resistance behind enemy lines. Moreover, the Communist Party of China (CPC) engaged in public publicity, and mobilized and organized the masses in such a way that they laid a broad social foundation for achieving the revolutionary goals of“utilizing natural mountains”and“creating artificial mountains”within the Shanxi base area. By comprehensively integrating and localizing the trinity of armed forces, political power, and the people,the CPC was able to penetrate deep behind enemy lines and, at the same time, use these areas as a base to conduct mountain guerrilla warfare. This demonstrated the intrinsic mechanisms and practical logic of the base area resistance and opened up new  possibilities for the reconstruction and transformation of the mountainous society in the base areas during the war.

    The Art of Urban Space and Its“Skin”Aesthetics
    ZHAO Yiheng
    2024, 41(5):  132-142. 
    Asbtract ( 100 )  
    Related Articles | Metrics
    Architecture, often viewed as the most conspicuous human art, adorns public spaces with meaning and embodies the philosophical and cultural spirit of its era. It is the essence of what makes a city unique. Therefore, the study of the art industry must include an exploration of the artistic attributes of urban space. In postmodern architecture, it can be observed that walls increasingly differentiate into two layers, with the outer“skin”playing a significant role in the artification of urban spaces. Due to the  advancements in contemporary technology and culture, urban designers and architects now have greater freedom to express their
    artistic creativity. Guided by postmodern semiotic aesthetics, the shaping of urban spaces has become highly individualized. This individualization allows for a more flexible approach to addressing the two major metadesign challenges: incorporating ethnic style and integrating high and low culture.
    The Meaning Generation Mechanism of the Chinese Pan-aesthetic Tradition
    YU Guanghua
    2024, 41(5):  143-154. 
    Asbtract ( 135 )  
    Related Articles | Metrics

    Pan-aesthetic is a distinctive feature of the Chinese aesthetic tradition, with aesthetic meaning pervading all aspects of traditional Chinese social life. However, the pan-aesthetic trait of traditional Chinese aesthetics requires a new theoretical approach. Semiotic aesthetics, which is the basic theory and methodology of formal meaning analysis of all“aesthetic texts,”provides us with a lens to see the unique meaning generation mechanism of the Chinese pan-aesthetic tradition: the quadruple sliding of meaning, the“partial sliding”of meaning and the coexistence of four qualities of meaning, the cross-border sliding of meaning, and the
    construction of pan-aesthetic synthesis. The four distinct meaning dimensions of traditional Chinese aesthetic signs are mutually compatible, interpenetrating, and coexisting. Thus, while aesthetic meanings are generated, they are fully opened to the human life world, timely elevating to a spiritual state of harmony between humanity and nature.