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Table of Content

    15 January 2019, Volume 36 Issue 1
    The Characteristics and Reference of the EUCanada FTA
    2019, 36(1):  1. 
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     CETA, as the first comprehensive FTA of Europe which embraces the investment chapter, was concluded after a lengthy ten years of negotiations, and came into an interim stage of entry into force on September 21, 2017. CETA covers dozens of hot issues of intellectual property, government procurement, cooperative supervision, financial services, environment, labor, trade and investment liberalization and facilitation and so on. It has the following characteristics: implementing the “singletrack system”certification method of origin and “PANEURO” rules of origin, introducing the TRIPsplus standards,improving the protection level of intellectual property,refining the standard of labor turnover and reforming the traditional investment dispute settlement system such as designing the investment court systems and further expanding the government procurement scope. Furthermore, it creatively put forward a series of new high standards of international trade and investment rules such as ICS and special protection term of patent, thus exerting great and farreaching influence on both contracting parties and international finance and trade.In contrast, the texts of bilateral FTA signed by China with other countries are relatively general and indistinct, especially in following aspects:the protection of geographical indications is not detailed enough; the classification of crossborder movements of natural persons is not scientific or reasonable, nor welltargeted, and the government procurement system calls for perfection. Therefore, it is necessary to reference the useful experience and rational elements of CETA in the following areas:reforming China’s rules of origin, expanding the proportion of enterprises' independent declarations of origin, enhancing both trade facilitation and the protection of origin, implementing special protection of geographical indications, adopting a stepbystep government procurement, adopting a market access system with different leniency and strictness in accordance with subareas and different subjects, promoting an indepth reform of the government procurement market, strengthening the connection with international high standards, establishing the ICS and so on. Considering China’s national conditions and practical needs, it is essential to construct a grand, coordinated and comprehensive “five in one” system of strategic objectives by implementing the FTA strategy on the mutually promoting international, regional, interregional, bilateral and domestic levels,so as to effectively respond to the challenges from the escalating ChinaUS trade war.

    A Study on the Tort Liability for SelfDriving Vehicles
    2019, 36(1):  16. 
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     The number of tort accidents caused by selfdriving vehicles increases with the wider application of artificial intelligence. The development of selfdriving vehicles is greatly restrained due to such challenges as avague legal status and difficulty in the application of traditional tort liability. Based on the internal rules of right evolution, it is recommended that selfdriving vehicles should be endowed with independent legal personality and we should make different tort liability rules in accordance with the purpose of use. For personal use, the loss of the infringed person should be paid in advance within the insurance limit. The portion that exceeds the insurance limit will be covered by private property and the liability should be determined in accordance with the liability of motor vehicle traffic accidents since the selfdriving vehicles should be deemed as responsible "drivers" who can further file a claim against designers, manufacturers, sellers or users for recovery. For public use, the amended enterprise liability should be applied to selfdriving traffic industry as a whole in the form of joint liability by a fund, but it does not rule out the situation in which individual entities take responsibility.

    Film Industry Aesthetics: Realistic Backgrounds, Theoretical#br#  Resources and System Construction
    2019, 36(1):  32. 
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     Film industry aesthetics is not only a rethinking of “what is a film”in the new era, but also“a toplevel design” of Chinese films, which integrates conceptual innovation, realistic demands and ontological significance in theoretical construction. Based on the current cinematic reality, film industry aesthetics aims at constructing a complementary, dialectical, integrated and comprehensive theoretical system with practical effect, attaching importance not only to industrial awareness, but more importantly, to aesthetic integrity and artistic quality. “Film industry aesthetics” is examined in terms of backgrounds, kernel and extended ideas, relations with other relevant theories and historical development, so as to further reveal its theoretical support, aesthetic principles and cultural backgrounds.

    Rehistoricization of Film Industry Aesthetics:Archaeological#br#  Examination of Knowledge and Theoretical Reflection
    2019, 36(1):  44. 
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      “Film industry aesthetics” is a hot theory put forward in the new era in response to new challenges and new opportunities. Anarchaeological examination of the knowledge of “film industry aesthetics” together with some theoretical reflection finds that the theoretical restraint is caused by the obscure research boundary, thus being stuck in a suspended state of middlewayseeking, wavering and compromising. To further develop the film industry aesthetics, we should adopt the method of “rehistoricization” to integrate film theories and cinematic history in the manner of mutual respect and negotiation, to establish appropriate standpoints of theoretical application, application domains and specific situations when texts disrupt. The solutions will answer the following question: How can Chinese film theories match with the new era?

    Construction and Dialectical Analysis of “Film Industry Aesthetics”#br#  in Chinese New Mainstream Movies
    2019, 36(1):  51. 
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     In the context of “industrialization survival”, “technical survival” and “media or networked survival”, Chinese new mainstream movies are following or constructing a principle of “film industry aesthetics” from concept to practice. This paper explores the construction strategies and aesthetic representations of the “film industrial aesthetics” in Chinese new mainstream movies from three levels: story level, technological industry level and the level of film mechanism of operation, management and production. Based on a dialectical analysis, the paper explores the construction of a localized “Chinese film industry aesthetics” with Chinese characteristics. Its core idea should embody the concept of film industry, respect the cinematic artistic rules and cultural needs, and seek certain compromise or balance between art and business by tenaciously expressing appeals within the system while abiding by the production mechanism of film industry.

    Revisiting the Revisions of Li Zhi’s Reply to Geng Sikou
    2019, 36(1):  63. 
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     Reply to Geng Sikou, a collection of important letters written by Li Zhi to Geng Dingxiang for ideological debate, was revised twice by Li Zhi. The first revision was made into one lengthy letter by combining the seven letters together and collected into his monograph Fen Shu (the 1stEdition). The second revision, after a deletion of one third of contents, was collected into the second edition of the Feng Shu. As the study of the first revision including the reasons behind it was published in the author's another article, here the reasons of revision for the second revision are explored. The second revision took place in the background when the strained relationship between Li and Geng relaxed. Therefore, the fundamental ideas in the first revision were still kept while the sixth letter which was the harshest one and criticized Geng's personal integrity and his family affairs was deleted. The second revision reflects Li's tendency of adhering to his own ideas and his willingness to reconciliate with Geng. Asother articles in Fen Shu also witnessed complicated modifications, the study of the revision of the Reply to Geng Sikou can work as an important reference for the research of the revision of Fen Shu as a whole.

    The Song of Mulan: The Time of Creation and Textual Canonization
    2019, 36(1):  74. 
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     The time that The Song of Mulan was created is controversial, as there are six different versions: the Han Dynasty, the Northern Dynasties, the Northern Wei Dynasty, the Southern Dynasties, the Sui Dynasty and the Tang Dynasty. The Han Dynasty was excluded for lacking the support of historical events. The Northern Dynasties were too broad and general. The Southern Dynasties and the Sui Dynasty can be refuted due to insufficient data. The Tang Dynasty is not opted either without convincing evidence. Only the Northern Wei Dynasty matched the creation backgrounds of The Song of Mulan, but the connection to the poetry is yet to be proved. By assuring the location of Heishan and Yanshan recorded in the Song is the place where the war between the Norther Wei and Rouran Khaganate broke out, we can assert that The Song of Mulan was created during the Northern Wei Dynasty. A further literature comparison and emendation shows that The Song of Mulan had been constantly modified and embellished since its circulation and become a classic in Yuefu Poems edited by Guo Maoqian till Song Dynasty. Although there were modifications after the Song Dynasty, the canonized status of The Song of Mulan in Yuefu Poems could not be challenged.

    Entertainment Law: Birth, Concepts, Nature and Principles
    2019, 36(1):  86. 
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     In today's China, entertainment industry embraces an unprecedented opportune moment for development. The best era also ushers in a golden opportunity for the development of entertainment law. As the boom of the entertainment industry is inevitably attracting more and more people to realize their dreams as film stars, music icons or even game stars, more investors and businesses will get involved which will trigger more complicated social relations, thus following the huge need for entertainment law. As entertainment law is still new in China, many issues call for clarification such as:what is entertainment law?What is the nature of entertainment law?And whether are there some basic principles?

    Legal Regulation of Marine Entertainment Industry: From the#br#  Perspective of Oceanic Theme Parks
    2019, 36(1):  101. 
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     Marine entertainment industry, represented by oceanic theme parks, is developing rapidly. Due to both oceanic and entertainment characteristics of the industry, the key regulatory issues should include intellectual property protection and the protection of environmental and biological resources. It is essential for the sustainable development of marine entertainment industry to strengthen the protection of intellectual property rights, enhance the law enforcement of ecological and environmental protection, introduce the concept of animal welfare in legislation, and implement social responsibility in scientific research and education.

    Artworks as the Regulated Objects of Art Law
    2019, 36(1):  112. 
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     Artworks are artistic productions with strong personal characteristics of the artists. In addition to being artistic for appreciation, they can also be commodities with market value. The artwork market in China is increasingly thriving, but the supporting legal system is still insufficient and the art law is yet to be established as an independent department law. Artwork as the core conception of the art law, calls for clarification in terms of its legal boundary and the rights and interests attached to it. Artworks have original, economic and legal dimensions. From the legal aspect, an artwork is, first of all, a property under property law, and its property rights are protected. Nevertheless, the more important rights related to artistic works are copyrights and the rights of resale. In defining the conception of artwork, it is essential to discriminate relevant terms such as artistic work, cultural relic, fine art, cultural property, etc.

    Ontological Meaning and Disciplinary Reflections: A Response to#br#  Sociological Researches in the Age of Big Data
    2019, 36(1):  127. 
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     The impact of big data on sociological researches is so massive that a methodological turn or rather a statement of “The End of Theory” has occurred.  However, in the ontological perspective, the limitation of big data is that it over simplifies social life, thus ignoring or suspending its special historical meaning. The meaning declared by big data advocators refers to the objective and general meaning, which is a distorted interpretation. In addition, if more and more scholars are devoted to “computational sociology” or “new computational sociology”, a further disciplinary division will take place as a result. In this regard, we should uphold the essentials of the discipline such as theoretical significance and humanistic concern. In a nutshell, an urgent response to the big data era is necessary, which calls for “swimming against the stream” on the level of disciplinary reflection.