Table of Content

15 January 2016, Volume 33 Issue 1

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Articles

Toward Specialized Legislation to Address Climate Change in China

LI Yan-Fang, ZHANG Zhong-Li, LI Cheng

2016, 33(1):  1-12. 

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Active responses to climate change and rigorous promotion of the lowcarbon development are important aspects of the “New Normal” in China’s social and economic development. However, the existing laws cannot combat climate change effectively, and the multitude of policies that aim at tackling climate change and promoting lowcarbon development lack legal foundation, thus making specialized legislation urgent. The specialized legislation to address climate change is now feasible in China as it can get support from the practices of relevant domestic normative documents and draw on the experience from the domestic pilot provinces and cities where lowcarbon development has been exercised and overseas countries which have already done the legislation. A comprehensive mode of specialized legislation is recommended, giving priority to the Climate Change Act covering both mitigation and adaptation aspects. When difficulties do matter in the way, secondary choices are offered to legislate LowCarbon Development Promotion Act aiming at mitigation and Adaptation of Climate Change Act aiming at adaptation respectively, which are less complex in adjusting social relations and less difficult in legislative negotiation, or to make less legalitybound Carbon Emissions Trading Regulation by the State Council.
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EU Climate Change Strategies & Tactics in International Cooperation:
A Perspective of EU Foreign Policy of Sustainable Development

KE Jian

2016, 33(1):  13-26. 

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 Sustainable development is a strategic target of EU (European Union) and an important dimension of EU foreign policy. Based on an analysis of the evolution of EU foreign policy of sustainable development and the internal and external reasons for its formation and the development, the article, from the macroscopic view of EU foreign policy of sustainable development, discusses the strategies and tactics employed by EU in international cooperation in addressing global climate change, including incorporating issues of climate change into the strategic target of sustainable development, advocating multilateralism and global governance, proposing the establishment of global cooperation mechanisms under the framework of the United Nations and the regulation of international law, adopting more flexible and pragmatic stances on climate change, and taking into consideration the economic growth of the developing countries and still the differences between big developing nations and underdeveloped countries.

On the Incorporation of Greenhouse Gases Emission into the Regulatory
Scope of the Atmospheric Pollution Prevention and Control Law

DIAO Dun, SUN Song-Long

2016, 33(1):  27-34. 

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It has always been controversial whether or not to incorporate greenhouse gases control into the regulatory scope of Atmospheric Pollution Prevention and Control Law of the People’s Republic of China. Greenhouse gases control should not be incorporated into the regulatory scope of Atmospheric Pollution Prevention Law, not only because greenhouse gases do not belong to the atmospheric pollutants, but also as a result of China’s current international and domestic environment. Greenhouse gases are mainly derived from the upstream activities, e.g., energy production; and the downstream activities, e.g., public consumption, etc. We will stop the flow from the upstream and dredge the channel to the downstream by promoting cleaner energy production and advocating lowcarbon life. Multipronged methods should be employed to control greenhouse gases by combining market mechanism with administrative means. Thus, there is no necessity to incorporate greenhouse gases control into the regulatory scope of Atmospheric Pollution Prevention Law.
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Hou Hsiaohsien’s “Rebellious Bone”: the Oriental Aesthetic Implications Perceived from the Film The Assassin

LIN Shao-Xiong

2016, 33(1):  35-46. 

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 Hou Hsiaohsien’s films have always demonstrated his unique observation of life, thinking of life and image presentation in an “antimovie” way. To be specific, he prefers tranquility to mobility, silence to words, concreteness to abstractness, China to the West, art to actions, thus making himself “a director without direction”, his cast of films “performers without performance”, and projecting a feature of “causal effects without plots”. His unique style and image narrative grammar is developed as a result of not only the director’s life experiences, life understanding and aesthetic taste, but also the director’s view of the nature of movie, and still more, the unique mode of thinking of the Chinese nation in which the director is nurtured and the way Oriental culture perceives and understands life. Therefore, Hou’s films are featured with humanistic care characterized by strong personal style and image expressions imbued with oriental aesthetic implications, thus winning him an adorable place in the world film history.
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Deconstruction and Reconstruction——A Research into the Problems of China’s Film Production

LUO Jian, CHEN Shu-Ying

2016, 33(1):  47-55. 

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 China’s film production has gained unprecedented development and prosperity accompanied by expanding industrial effect due to the reform of cultural system, the invigoration of cultural industry, the transformation of hightech and new media and the promotion of market mechanism. Meanwhile, such factors as cultural capital, market competition and cultural consumption context also exert profound influence on the value and development orientation of China’s film production. Currently, China’s film production is confronted with aggravating contradictions between the commercial attribute and humanistic value of products, between visual symbols and reality life, and between elite culture and mass culture. There also exist various problems of different severity such as the utmost importance of economic profit, the prevalence of carnival entertainment, fragmentation of reality. The thus incurred pressure of external deconstruction and the internal reconstruction inversely forces China’s film production to shift its mode of development and transcend to higher levels, which are practical problems indeed. It is essential that China’s film production should base itself on tradition, face the reality, build and establish its own brands, further deepen the reform of cultural system, optimize the ecology of the film culture and promote “green”, “lowcarbon” and “environmentfriendly” film production so as to achieve the transformation and transcendence from a big film nation to a strong film nation.
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On the Researches into “Documentary Records and Authenticity” since 2000

CHEN Shu-Chao

2016, 33(1):  56-66. 

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The issue of documentary in relation to authenticity has been a hot topic since the early 1990s. The word “authenticity”, on the one hand, has progressively implicated excessive understanding and expectation of documentaries, and on the other hand turns out to be increasingly vague and generalized due to its growing connotation. The importance of the issue is selfevident in that no theoretical discussion of documentary can escape it. Nevertheless, it also provokes chaos due to the conceptual generalization of “authenticity” which incurs random interpretation of the noumenon of documentary. In view of this, the implications of “authenticity” should be more cautiously and carefully analyzed in the documentary theoretical discourse system and the onesizefitsall attitude should be rejected. Sorting out various opinions concerning “documentary records and authenticity” may help depict the topographic map of the current research in documentary film theories.
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Overseas Bases: Historical Experience and Contemporary Implications from Zheng He’s Voyages

CHEN Rui-Yang

2016, 33(1):  67-77. 

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 Throughout history it is selfevident that no country has expanded sea power without the strategic support of overseas bases. It is sensible to say that a powerful naval fleet is the core of sea power, but the guarantee and control of the safety of the maritime fairways and strategic channels is dependent on overseas bases, which are the key element, pillar and footing stone of sea power strategy. Zheng He’s Voyages in Ming Dynasty were farsighted and prudent planning and deployment of overseas bases, which become the strong and powerful pillar of sea power strategy of Ming Dynasty, preserved and safeguarded its maritime rights, expanded China’s influence in the world. What’s more, Zheng He’s sea power strategy, in comparison with the Western fireandsword style of colonized sea power, has more profound implications and significance for the construction of contemporary sea power. At present, China should preserve and safeguard national sea rights and interests while shouldering responsibilities as a big nation and providing international public products. All of this calls for the establishment of overseas bases with the purpose of international security and peace.
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Insider Trading: A New Form of Corruption

CHEN Yao, DUAN Wei

2016, 33(1):  78-90. 

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 A new form of corruption has appeared recently in fields like finance, securities market, government planning and public programs, which trades for insider information of businesses and government policies. The insider trading is difficult to detect for its complexity and invisibility, and develops into a new form of corruption due to lack of legal regulation and supervision. To a large extent, insider trading corruption is closely linked with unnecessary governmental intervention in the market economy and irregularity in the exercise of power during the transition period of “developmentalism”. Therefore, we must fully understand the damage brought by the insider trading, improve the institutional regulation, and develop and implement the property reporting system in particular, in order to effectively prevent it.
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A Research into the Poetry Narrative in the Zilin Hubao in Modern Shanghai

HE Hong-Ling

2016, 33(1):  91-104. 

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The urbanization of Shanghai in modern times and the development of contemporary newspaper industry promoted the diversified forms of poetry. Newspaper poetry, shown in the Literary Supplement of some newspapers, initially appeared in the first issue of Shun Pao in 1872, reached its peak in the Collections of Blossoming Mansion Poetry, selection of poems published in the poetry column of the newspaper Zilin Hubao during the years 1887—1891. The popularity of newspaper poetry reflected the process of the newtype literati constantly gathering in Shanghai. Grounded in the current life at that time, the poetry depicted Shanghai’s urban lifestyles and changing customs and fashions, recorded their traveling and catering experiences and party gatherings, and presented a unique “Shanghai Context”. Newspaper poetry carried forward the narrative tradition and projected a distinctive local color. In the literary context of the newspaper communication, poetry narrative acquired the traits of immediacy and onthespot feel, together with entertaining and popularized styles, which was also an important feature.
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 Channels of Controlling Environmental Crimes in the Perspective of State Security

LIU Cai-Ling

2016, 33(1):  105-113. 

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 Ecological security is an important part of national security, from the perspective of which environmental crimes are controlled through both international and domestic channels. Concerning international cooperation, we should make full use of the International Criminal Police Organization platform through the share of the data of environmental crimes and realize vigorous cooperation in tracing, arresting, and extradition; strive for allround and efficient criminal judicial assistance among different nations and remove the statetostate obstacles in combating international environmental crimes; accelerate the pace of entering statute of the International Criminal Court so as to gain more discourse power. Domestically, we should construct the environmental criminal law system centering on ecological law and realize the independence of the environmental criminal law; adopt the doctrine of severe punishment while giving full play to dualistic function of the crime punishment and environmental recovery and the multiple function of penalty; employ the method of causal relation of epidemic disease and presumptivefault rules to get out of the predicament of the environmental crime judicial cognizance.

The “Consensus on the Use of Copyrighted Works” and Its Bearing upon the Participatory Culture’s Copyright Environment

YOU Jie

2016, 33(1):  114-127. 

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 A fundamental conflict between digital participatory culture represented by “user generated content” and the modern copyright regime has been widely acknowledged. However, a comprehensive analysis of the following three aspects, namely, recent legislative initiatives and legal cases in the North American jurisprudence regarding the use of copyrighted works, new marketing strategies and profitmaking modes achieved by moderately relaxing copyright protection in the copyright industry, and the quasicopyright norms spontaneously established by participatory culture practitioners, reveals that there exists a principled consensus of the use of copyrighted work. It provides a new perspective and dimension in creating a congenial copyright environment for the orderly blossoming of participatory culture.
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Museum as a Governmental Apparatus——On Tony Bennett′s Politics of Museum

XU Xiao-Xia

2016, 33(1):  128-140. 

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 Tony Bennett, a famous representative of contemporary cultural studies, is the first who has explored the cultural politics of museum from the perspective of governmentality. Based on his research into cultural politics of museum in theory and practice, Bennett has an extraordinary understanding and pioneering innovation of the attributes of powers, modes of operation in a museum and its social function, and has made due contributions. His research provides valuable theoretical and practical references for museum studies in the perspective of contemporary cultural criticism. Bennett′s cultural politics of museum has become one of the basic paradigms of contemporary museum research and is producing the worldwide influence.
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