Table of Content

15 March 2010, Volume 17 Issue 2

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Articles

Surpassing the Traditional: Constructing the Credible Media

DAI Yuan-Guang

2010, 17(2):  5-19. 

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 Nowadays, with globalization and informationization, mass media is increasingly competitive, which gives China' s mass media a severe test. But, however, for the influence on international public opinion, China' s mass media is very limited. There are four main reasons for this: (1) lacking a understanding or analysis of media institutions and policies as well as audience psychology in the Western countries; (2) having a weak capacity of media subject and a backward production of media content; (3) possessing a backward media mechanism of cultural industry and an improper structure; (4) being devoid of the brand awareness and competition sense of media content. According to many scholars, there are  such problems that need to be dealt with urgently in China' s foreign dissemination: first, how to guide public opinion outside China' s mainland so that the proper media subjects can be produced and opportunities can be seized to report highly political majoremergencies; secondly, how to avoid the negative effect on foreign media for such propaganda policies as promoting mainstream values and emphasizing positive publicity; finally, how to create a new content or form in an open posture for different countries of cultural background. In detail, there are following six problems for China' s mass media: credibility is so low that journalism is replaced by propaganda; policies and media philosophy lag behind; there are stereotyped structures and inadequate system supplies; the capability of resource integration is very low, lacking financing channels; multiple impacts and pressures at home and abroad are faced with; the irrational tendency to entertainment is expanding. Therefore, it is necessary for scholars to make a research from the following four aspects: the institutional transformation in the development of the Western media; China' s development strategies in the content industry of foreign dissemination; content innovation; the improvement of news credibility and media internationalization. All these have supplied a theoretical support and a policy reference for China' s media development in such aspects as global horizon, diversified structure and largescale industrial media.

On the NonCriminal Nature   of   Euthanasia

LI Hui

2010, 17(2):  20-31. 

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 Although, formally, euthanasia is similar to intentional homicide, they are quite different in nature. Euthanasia should not be taken as a criminal act. Based on the justification for inhibition of crimes and the justification for inhibition of responsibility in the mainland law system, this essay goes further to make an approach to China' s theoretical basis of the noncriminal nature of euthanasia. Judging by predominant law interest and purpose, or by social worthiness action, we can find a justification for inhibition of crimes in euthanasia. When we make an analysis of euthanasia actors by expectant possibility, we can not expect the patient' s choice of normative natural death or the doctor' s lack of sympathy in face of the patient' s extreme sufferings. Euthanasia is a helpless action, without expectant possibility. It is a justification for inhibition of responsibility. Euthanasia has a nature of noncriminal action.

The Functional Clearness in Derived Principles for
Conviction and Penalty According to Law

NIE Zhao-Wei

2010, 17(2):  32-41. 

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The Functional Clearness in Derived Principles for
Conviction and Penalty According to Law(Zhejiang Higher People' s Court, Hangzhou, 310012, China)Abstract： Up to today, the principle for conviction and penalty according to law has changed from absolute to relative, and from formal to substantial. This transformation displays the spirit beneficial to the accused person, and thus further increases its noncrime function. Correspondingly, the function of the derived principle for conviction and penalty according to law should also be transformed. First, the custom law should not blindly be excluded and its noncrime function should be integrated into the origin of the criminal law. Secondly, the analogy explanation should also not blindly be forbidden, and the analogy explanation beneficial to the defendant should be permitted. And at the same time, for the dilative explanation and the restrictive explanation, whether beneficial or harmful to the defendant, should be determined. Finally, in criminal law interpretations, the retroactivity should not be given all and singular. The retroactivity in criminal explorations harmful to the defendant should be prohibited.

　

A Number of Issues on Establishment and Improvement of  China' s Reporting System for Family Property

NI Cai-Long

2010, 17(2):  42-52. 

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Abstract： The significance and value for establishing a reporting system for family property are not only embodied in constitutional, administrative, criminal and civil laws, but also embodied in tax and social security laws. By doing so, we can, in a more clear way, define the property right, strengthen the civic consciousness of private rights, especially the consciousness of the property right, and set up the legal concept that is consistent with the market economy and with the harmonious society. At the same time, it is an important basis for each citizen and each family, not only in paying property taxes such as personal income, estate and bestowal, but also in access to social welfare and security. Therefore, it is also vital for promoting social equity and justice, and for protecting basic human rights of citizens. To establish and improve China' s reporting system for family property is a large, hierarchical engineering. In a recent time, the "Family Assets Reporting Act for Civil Servants" should be developed and implemented. And once the time is ripe, the "Basic Law for Tax" should be developed so as to regulate the behavior of citizens other than civil servants in reporting family property. In the process of implementation, it is permitted that provinces, autonomous regions and municipalities enact local laws or government regulations so that they can implement management respectively according different specific situations. After setting up basically a nationwide reporting system for family property, we should, in time, develop and implement the "Heritage and Gift Tax" and "Social Security and Welfare Law", and amend the "Personal Income Tax Law". All this may be the basic path of establishing and improving China' s reporting system for family property declaration system.

A ReAnalysis of Practical Existential Aesthetics——As a CounterCriticism of a CounterCriticism

DONG Hua-Wen

2010, 17(2):  53-65. 

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Abstract： For Marx' s concept of practice, it is vital to understand its transformative and specific provisions. To generalize it does not meet the intention of dialectical materialism. Practice can not be taken as ontology, as the source of existence. Marx' s view of practice has a process of development and changing. It is not appropriate to combine Marx' s view of practice with Heidegger' s ontology and to interpret the "living in the world" by practice. Marxist philosophy is not an abstract, nonhistorical practice philosophy and practical materialism. If ontology is replaced by existence, it is easy to empty existence, to practise object, and to survive subject. It is necessary for establishing Marx' s aesthetics to implement completely dialectics and materialism.

A Complement to the Two Biographies in Complete Song Ci Poems

ZHONG Zhen-Zhen

2010, 17(2):  66-78. 

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Abstract： In History of the Song Dynasty, there are no biographies of Wang Yan and Liang Dong, who are wellknown writers in the Southern Song Dynasty. And in Complete Song Ci Poems, although two biographies are included, they are incomplete and even mistaken. This essay gives a complement.

On Ke Ling' s Creation of Screenplays——For the 100th Anniversary of Ke Ling' s Birth

ZHOU Bin

2010, 17(2):  79-86. 

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Abstract： Ke Ling is China' s wellknown filmplaywright, critic, novelist, essayist and editor. As a literary authority and a press leader, he has manifold achievements and contributions. Just taking his film creation as an example, he has achieved remarkable results, both in the screenplay creation and in the movie review, which produce a considerable influence in the history of the Chinese film. As far as his screenplay is concerned, he has accumulated and provided a wealth of experience of creation and adaptation. First, he attaches great importance to the true reflection of the film script on the social reality and life destiny, and expresses his own understanding of life and society. Secondly, he pays attention to the mass, popular nature of films, and strives to describe such good life pictures and characters that lots of audience feel warm and familiar, and have a big shock. Thirdly, he lays stress on creating the characters of flesh and blood, and depicts accurately the character' s thoughts and feelings, writing out his growth process. What' s more, he focuses on highlighting the characteristics of film art, being well aware of the fact that the film script is created for shooting films. Just because of this, the films shot by his screenplays have had a greater impact in different historical stages, and have been welcomed and well received. All his achievements deserve the memory and respect of later generations.

The Highlighting and Remodeling of the Body Sign in the PostModern Context——A Reflection on the Blurred Identity of Shanghai Culture in Local Entertainments

JIN Dan-Yuan

2010, 17(2):  87-97. 

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Abstract： In recent years, TV entertainments, although having a rapid development, take on a trend of mutual plagiarism, which is quite worrying. As the most powerful evidence, TV entertainment programs in Shanghai are growing more and more homogeneous. In them, it is almost hard to find a trace of Shanghai culture which is characteristic of "all rivers running into sea" or "taking in everything". Thus, Shanghai, once known as focus on versatility and innovation, is gradually losing its distinct urban character and geographical feature in local entertainments. Nowadays, on the one hand, the irrational spread of the body sign continually runs for the cultural consumption of entertainment programs from people' s spiritual level; and, on the other hand, entertainment itself is caught in the plight of imitation, thus body becoming a showy capital and an admirable object. At the same time, the body sign, after continuously being enlarged on the TV screen and becoming a "libidinal shift" platform, stimulates the demand of people' s inherent desire for further expansion. Therefore, how to wake up the innovative sense of TV entertainments, and how to strengthen the identity indication of entertainments, and how to deal with the complex relationship between health, entertainment, desire, spirit and culture, and how to remodel entertainments in business culture by a rational attitude of aesthetics, all these are vital issues needed by TV people to think about and to deal with.

Citizen Spirits and Shanghai' s Urban Films

TUN Xiao-Li

2010, 17(2):  98-107. 

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Against a series of China' s contemporary urban film study, this essay considers Shanghai' s urban film as a special case. Although in the process of urbanization, Shanghai is located in the forefront of China, its creation of urban films is thought to be "absent". The topic involved by Shanghai' s urban film is a very complex integration of politics, economy and culture. Different from Shanghai' s urban film, China' s urban film has its specific concept, that is, the ideological content and creative mainstream of "antiurbanization". Base on the different regions of historical, economic, cultural traditions, and creative groups, China' s urban film forms its different value trend, city experience and genre evolution. Shanghai' s urban film also has its unique appearance and path, and its important existence and inadequate development have historical and practical reasons. Using the citizen value as the spiritual core of the urban film is not only inevitable and reasonable but also practical and potential. Undoubtedly, the "better city and better life" as the theme of Shanghai Expo 2010 has made the mutual integration of urbanization and peopleoriented into a possible wordwide goal. Therefore, China' s urban film focusing on antiurbanization is already on the decline. In the new process of urbanization, the creation of China' s urban film is faced with a historic opportunity for transformation and breakthrough.

Investment in Higher Education and the Subject of  Investment

HU Jiao

2010, 17(2):  108-119. 

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Abstract： There is a kind of nonlinear causality between the institutional change in China' s investment in higher education and the investor' s tendency to investment in education. Compared with the tendency to the government expenditure on education, the tendency to the home expenditure on education and to the enterprise expenditure on education is more sensitive to the institutional change in education. Therefore, as a provider of the institutional change, the government should be rational to treat the effect of the institutional change of investment in higher education on different educational investors. The government should, from the perspective of the efficiency and equity of investment in higher education, improves institution continuously, explore the mechanism of the educational costsharing between the government, home and enterprise, and resolve the contradiction between supply and demand in existing institutional investment in higher education, so as to have a positive interaction between the institutional change of investment in higher education and the development of socialist market economy. At the present, what the government need to do is as follows: first, in view of the unsolved contradiction of China' s dual economy, government should have a proper regulation of the existing institutional investment in higher education, and, by establishing new laws and regulations on increasing the supply of the institutional investment in higher education, perfect as soon as possible the grant system for poor students of higher education; secondly, in consideration of the present abundant private capital and the stronger will of the enterprise' s investment in higher education, the government should increase in no time the institutional arrangement of the enterprise' s investment in higher education, and, by way of the service of enterprise' s surplus capital, improve the mechanism of costsharing in higher education; thirdly, as a provider of the institutional change, the government should assume bravely the primary responsibility of the main investor in higher education, increasing funding for higher educational investment and expanding the scale of investment in education, so as to meet the public' s demand for higher education.

 A CrossCultural Study of the Social Mechanism of Trust

DUAN Meng-Meng

2010, 17(2):  120-132. 

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Abstract： In studying crosscultural management, there is a dominant view that some are "trust cultures" while others are "nontrust cultures". If trust can be measured by a uniform, universal standard, and this division can help us understand a variety of trust formation and management mechanism, it is satisfactory. But this is not the case. A study of trust from the level of culture requires us, in a given situation, to examine its specific meaning that aims at building trust relationships. For this goal, it is impossible to reach by a broad analysis of large number of quantitative indicators, which requires a more subtle qualitative research. By a comparative analysis of the trust relationship of such five countries as the United States, Japan, Germany, China and France, this essay concludes that the social control mechanism of the socalled "trust society" are mostly external while the "nontrust society" are more inclined to build trust through the selfcontrol mechanism. Under the background of different cultures, each society formed its own unique form of social control mechanism so as to make its members build trust mutually in different ways. Each method reveals its advantage and limitation in different social life. Therefore, in different cultures, trust has different meanings. It is impossible to measure trust by using a uniform criteria. For trust, there is no culture of fatalism. Between various societies only exists the difference in the safeguard mechanism of trust development. And there is no absolute highness or lowness in general trust level. For studying trust in management, it is necessary to concern about each issue of formation mechanism in social trust, which is more practical.

A Probe into Japan' s Understanding of China in the End of 19th Century——Focus on the Magazine of Worldwide Japan

ZHANG Zhi-Hui

2010, 17(2):  133-144. 

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Abstract： As an important turningpoint both in China' s modern history and in Japan' s modern history, SinoJapanese War between 1894 and 1895 changes greatly the entire pattern of East Asian. In face of the climax of the partition of China by imperialist powers, Japan' s ruling class has two kinds of policies toward China, that is, "Shina preservation" and "Shina partition". Although, in advocating grabbing the greatest interest in China, there is no essential difference between them, the formation of two kinds of policy toward China is based on different understanding of international situation and China situation after the war. Besides the sayings of "Shina preservation" and "Shina partition", there is a shortlived "JapaneseQing alliance", which, as the third kind of policy toward China, also attracts the attention of the Japanese government and the public. At the same time, for China having fallen into a serious crisis of nation and society, Japanese media and politicians, from the viewpoint of social cohesion, point out the reasons for China' s weakness. Especially the important Japanese politicians represented by Ito Hirobumi make an analysis and understanding of the Chinese society, which, in turn, give a profound impact on the development and change of Japan' s domestic political situation.