Table of Content

15 May 2018, Volume 35 Issue 3

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A Proposal of Regulating P2P Network Lending in Accordance with the Securities Law

2018, 35(3):  1-9. 

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P2P network lending is currently under the jurisdiction of the China Banking Regulatory Commission (CBRC). The practice is a mistaken scheme brought by literal misunderstanding. As most P2P network lending products meet the elements required by “investment contracts”, they should be categorized into “securities” and supervised by the China Securities Regulatory Commission (CSRC). Since P2P loans take place without intermediaries as direct rather than indirect financing, CBRC cannot conduct prudential supervision over them. Since the issuers of the lending products of P2P network do not have a license, local governments cannot regulate them in the same way as regulate institutions. In addition, according to the “twin peaks supervision theory”, behavior supervision and prudential supervision are two different types of supervisions with distinctive characteristics and styles. But the main task of CBRC is to conduct prudential supervision over largescale depository institutions, so the regulation of P2P network lending by CBRC is not a proper choice.

Landscape and Topography in Riding Alone for Thousands of MilesLaurence Simmons1

2018, 35(3):  10-20. 

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Film narration and presentation of landscapes are closely interconnected. In general cases, landscapes are present in many films but their presence is marginal. Essentially, landscape in film is an atmosphere for a story, a setting for action, there, but always “in the background”. There is no film genre called “landscape film” as in painting. In contrast, this paper argues that landscape and topography has more than mere background significance in Zhang Yimou’s Riding Alone and that it functions as a “foreground” andan effective means of demonstrating national cultural characters. By combining western cinematic theories with traditional oriental landscape painting theories, the paper addresses seven different forms of the “foreground” role played by landscape: formal elements, emotional description, characterization, storytelling, multiple perspectives, ideology, and historical relevance.

The Breakthroughs in the Scientific and Educational Film Production in the Perspective of Virtual Reality

2018, 35(3):  21-30. 

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The rise and maturity of virtual reality (VR) technology has brought unprecedented innovation to film and television productions. Based on the three important attributes of immersion, interaction and imagination, VR has already broken the frame barriers of traditional film and television in terms of visual experience and brought immersion to a new stage; meanwhile, the participation of a large number of interactive elements empowers the viewers control over the filmwatching process, thus enabling the viewers to explore the process like playing a game. This new way of image expression and information interaction has undoubtedly opened up a new world for the production and dissemination of scientific and educational films. With the help of VR technology, scientific and educational film emphasizing the spectacular visual effect can enhance sensory stimulation and achieve the effect of educational instruction by means of entertainment in a true sense. With the further integration of multisenses, multiscreen interaction, group networking and artificial intelligence, VR technology is shaping a new form of scientific and educational film.

Reform and Revolution: On the Rise and Fall of Qi Poetry in Han Dynasty

2018, 35(3):  31-43. 

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Qi Poetry has received the most concern among studies of poetry in Han Dynasty from academic circles, and sparked the most debates as well. Nevertheless, problems haven’t been settled, be it the relationship between Qi Poetry and divination ideology, or the causes of the rise and fall of Qi Poetry, thus calling for further discussion.In fact, Qi Poetry had the most revolutionary spirit among the three schools of poetry in Han Dynasty. As a result of the internal drive by the revolutionary spirit, it took the lead in accepting the theory of YinYang and Five Elements and actively cooperating with Wang Mang’s New Reign. The fact that it was the first among the poetry schools in Han Dynasty that stepped out of the historical stage has something to do with the declining“revolutionary” spirit.

The Research Value of Jiang Yan’ Miscellaneous Poems in Collected Annotations to Wen Xuan: A Concurrent Discussion of the Research Methods of the Texts before Tang Dynasty

2018, 35(3):  44-55. 

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As the texts of the preTang Dynasty classics are uncertain and derivative, their research calls for comparison and crossreference of different versions and annotations. Take Collected Annotations to Wen Xuan: Jiang Wentong’s Miscellaneous Poems as an example, the research of its prefaces and annotations, different texts, the changes of titles, the multidimensional interpretation of Li Shan’s and other various annotations including the annotations of the lost literatures, not only has great significance in checking the accuracy of the source text and supplementing the historical literatures, but also sheds light on the artistic styles of the poetry in Han and Jin Dynasties and the process of their canonization. A comparison of the early handwritten copies and carving copies of Wen Xuan is conducive to tracing back to its original form and sorting out and revising the collections of middle ages or ancient times. Meanwhile, consideration should be taken into the inclusiveness and diversity of texts, as well as the cultural connotations underlying the text transformation. It is of great methodological significance to the study of ancient literatures if we attend to the text evolution and the generative mechanism behind it, make full usage of the annotated versions and review and reexamine the interactive relationships between texts, annotations and readers in a pluralistic and inclusive perspective.

The Role of Government in Disruptive Innovations and the Rise of Emerging Industries

2018, 35(3):  56-64. 

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Innovations in emerging economies have attracted increasing attention from practitioners and academics. However， the role of the government has rarely been examined in the previous literature on disruptive innovation. The findings show that government policies in tune with the characteristics of innovation can accelerate technological development and the rise of emerging industries; and the government should foster disruptive innovation to realize an effective technological catchup. Based on the review of disruptive innovation related to government policies and models of the developmental routes of emerging industries, the study has practical implications for policy makers in making catchingup strategies as well as strategies of developing emerging industries during the period of economic transition .

The Mediating Effect of Technical Progress on Excessive Investment and OverCapacity: In the Perspective of Business and Industrial Properties

2018, 35(3):  65-77. 

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Based on China's Ashare listed companies in manufacturing industries from 2012 to 2016, this study examines the influence of technical progress on excessive investment and overcapacity in the perspective of business and industrial properties. The results suggest as follows.Firstly, as far as Chinese manufacturing enterprises are concerned, excessive investment can aggravate overcapacity, while technical progress could significantly reduce it.Secondly, the mediating effect of technical progress applies differently to stateowned enterprises (SOEs) and privateowned enterprises. For privateowned enterprises, excessive investment may restrain corporate technical progress and then worsen corporate overcapacity.But this mediating effect of technical progress does not exist in SOEs.Finally, due to the differences between overcapacity and undercapacity industries in supply and demand relations, the mediating effect of technical progress demonstrates"partial" mediating effect in overcapacity industries while "complete" effect in undercapacity industries.

The Legal Personality of Robots：Legal Prospects of the Subject Status of Artificial Intelligence

2018, 35(3):  78-89. 

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Robots and artificial intelligence in a wider sense do not have a subject status in the current law. However，the subjects of civil law show the trend of expansion and there are no technological obstacles in empowering robots with legal status. The overseas discussion about robots’ subject qualification in the law diverges into two trends: objectivism and subjectivism. The objectivism includes the theory of product liability, the theory of analogizing the application of animal subject and other different theories. The subjectivism includes the theory of agency, the theory of electronic personality and other different demonstration methods. However, the objectivism cannot cope with the rapid development and the intellectualization of robots. Meanwhile, the subjectivism fails to take into account the reality that the artificial intelligence is yet to develop into fullblown. At present, the discussion of legal personality of robots in China should be based on the theory of the explanation of positive law and conform to the principle of “artificial intelligence as the object”. In addition, we can take artificial intelligence under specific circumstances as legal subjects by the legal technology of “fiction” so as to lay further legal foundation in the face of rapid development of artificial intelligence.

The Disgorgement of Profits under CISG

2018, 35(3):  90-101. 

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CISG is an important convention in the contract law of international sale of goods. To properly settle disputes, CISG has established a remedial mechanism, which consists of compensatory damages, specific performance and restitution. Although such a mechanism proves to be highly competent in a vast majority of cases, it indeed has some shortcomings under certain circumstances, especially when the observant party can hardly prove its loss and the default party benefits from a malicious breach of contract. The introduction of disgorgement of profits is necessary in that it can offset the weaknesses of CISG. Despite different understandings over disgorgement of profits, they will not affect the proper interpretation and application of CISG. From CISG’s perspective, there are two potential approaches to applying disgorgement of profits, namely, regarding disgorgement of profits as an alternative way of damages calculation, or as a new type of remedy based on the good faith principle.

Revisiting the Interaction between Craftsmen and Intelligentsia in Manufacturing Design South of Yangtze River in Ming Dynasty: A Concurrent Commentary on the Spirit of Craftsmanship

2018, 35(3):  102-114. 

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During the Chenghua periodin Ming dynasty, the policy of paying silver for the freedom from corvee and the sustained social economic and urban developmentin the south of the Yangtze River stimulated the autonomy and enthusiasm of craftsmen. Concurrently, the attitude of extreme delicacy and pursuit for constant perfection prevailed, and brand names were gradually established. Due to downtotheearth application of knowledge and necessity of learning from artisans through friendship, intelligentsia also engaged in the manufacturing design, leading to the seaming effect of intelligentsiacraftsmen interactions. The paper explores the social basis, forms, characteristics, effect and transmission channels of the interactions, focuses on their respective advantages and limitations, and clarifies the breadth, depth, scope and boundaries of the interactions. It is concluded that the manufacturing design south of Yangtze River in the Ming Dynasty constituted a zenith in modern period and an unprecedented exemplar of cooperation between intelligentsia and craftsmen, both contributing to the precious spirit of craftsmanship through concerted efforts.

Translation and Language Transformation in Modern Chinese LawA Study on Huang Zunxian’s Translations

2018, 35(3):  115-123. 

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Huang Zunxian was the first Chinese who chose to translate Japan’s 1880 criminal law and criminal procedure law, not only out of diplomatic missions, but also in the belief that translation was an effective means to promote social transformation.Despite the lack of Chinese equivalences to Japanese terminologies, Huang managed to regenerate the Japanese legal terms of Chinese characters in the Chinese system effectively by adopting a series of translation methods and strategies such as comparison, selection and thick translation. As a translator,Huang has exerted a profound impact on readers. More importantly, the translation methods and strategies he employed have to some extent transformed the foundation of the academic discourse system of the science of law in China.

The Puzzle of Concessive Knowledge Attributions in Ordinary Contexts: Interpretation and Solution

2018, 35(3):  124-133. 

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The intuitive inconsistency of concessive knowledge attributions (CKAs) has become one of the puzzles in epistemology and philosophy of language. This allegedly “sensed” inconsistency has also become a main argument by means of which contextualists attack invariantism and infallibilists criticize fallibilism over recent years. Nevertheless, by making a detailed analysis of the crux of CKAs and following the approaches of epistemic gradualism and pragmatic invariantism, we can prove that a knowledgeascribing sentence conveys the implicature that the ascriber is (partly) certain or that he/she can eliminate relevant alternatives, and such implicatures may be cancelled by a concessive clause. Further, the apparent inconsistency of this type of sentences may be explained away by either filling in degree indicators or interpreting “know” as loose use. The acceptability of CKAs has also found evidence in our recent experimental study.

On Urban Entropy in Ian McEwan’s “Butterflies”

2018, 35(3):  134-140. 

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In “Butterflies”, Ian McEwan depicts the entropic state of London in terms of energy loss and inadequacy of negative entropy. The presence of the “underground”, the return of Dionysian spirit and the deficiency of community performance construct an entropic city where desolation, uncanniness and isolation permeate London’s geographic space, the protagonist’s psychic space and the city’s socio-cultural space. Urban entropy reveals the conflicts between development and deterioration, between civilization and barbarism, and between empathy and distinction. It suggests Ian MacAbre’s skepticism about the notion of “linear progress” that is in accordance with the ethos of the Enlightenment, insinuates the vulnerability and uncertainties of the city, and reveals McEwan’s deep concern for the existential predicaments of marginalized subjects in the city.