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Latest Printed Issue
2025, Vol.55 Num.3
Online: 2025-04-10

Article
 
Article
5 Liang Qiao, Ma Kangwei
Can New Agricultural Operating Entities Promote Farmers’ Green Production? Based on the Reduction of Agricultural Chemical Inputs Hot!
Given the growing constraints of resources and environment in China, coupled with unprecedented emphases on food security and quality safety, it is of great significance to explore whether and how new agricultural operating entities can promote farmers’ green production. This article provides a comprehensive analysis on the influence and mechanisms of new agricultural operating entities on farmers’ green production, based on empirical tests by using panel fixed effect model and difference-in-differences model. The empirical analysis draws on data from Zhejiang University’s China Family Database (2017 and 2019), with a sample of 609 villages and 5,836 farmer households from 29 provinces (autonomous regions and municipalities) nationwide, which makes the sample representative of the whole country.This research has the following contributions. First, it comprehensively analyzes and compares the effects of different types of new agricultural operating entities—family farms, farmer cooperatives, and agricultural companies—on the green production practices of farmers.Second, it explores the influence of the new agricultural operating entities on the green production of common farmers within the village, rather than focusing on the directly linked farmers of the entities.Third, it examines whether the positive effects of new agricultural operating entities on farmers’ green production are achieved at the expense of farmers’ economic benefits, and based on this, discusses the sustainability of these effects.Finally, unlike most studies using cross-sectional data from surveys conducted in some specific areas, this article uses panel data from nationwide surveys and applies both panel fixed effect model and difference-in-differences model to analyze the effects of new agricultural operating entities on farmers’ green production. This approach effectively addresses endogenous bias in econometric estimations and improves the reliability of the research findings.The results show that new agricultural operating entities significantly reduce farmers’ use of chemical fertilizers, thus promoting their green production to some extent, but they have no significant influence on farmers’ use of pesticides and agricultural films. This implies that the effects of new agricultural operating entities on farmers’ green production are subject to certain limitations. Various robustness tests were conducted to ensure the reliability of the results.The mechanism analysis reveals that new agricultural operating entities can promote farmers’ green production through the provision of information services, agricultural machinery services, and market sales services. However, technical services do not play a significant role in farmers’ green production. This may be because the technical services provided generally target at outputs and productivity lift rather than environmental sustainability.The heterogeneity analysis shows that, among various types of new agricultural entities, cooperatives play a pivotal role in promoting farmers’ green production, while family farms and agricultural companies do not display significant influence. New agricultural operating entities exert larger effects on farmers with smaller farmland, no off-farm employment, and with land property rights certificates.Finally, this study finds that in villages with new agricultural operating entities, farmers with fewer chemical inputs achieve greater economic benefits, while in villages without such entities, reductions in chemical inputs have negative effects on farmland productivity. This suggests that in villages with new agricultural operating entities, farmers are able to reduce chemical inputs while improving economic outcomes.Based on these findings, this article proposes policy implications such as providing support to cultivate and develop new agricultural operating entities, enhancing the diversity of services provided by these entities and improving their inclusiveness toward farmers with different characteristics.
2025 Vol. 55 (3): 5-26 [Abstract] ( 17 ) [HTML 1KB] [PDF 971KB] ( 32 )
27 Wang Xiaoxi, Cai Hao, Xuan Jiaqi, Lin Bin, Du Ruiying
Transformation of the Chinese Food System Towards Sustainable Development Goals and Climate Mitigation Hot!
Promoting greenhouse gas (GHG) emission reduction within China’s food system through a multi-objective synergistic approach is crucial for China to achieve carbon neutrality targets and sustainable development goals. Climate change has become one of the major challenges facing human society, requiring coordinated global actions to mitigate its impacts. To effectively address climate change and play an active role in the global actions of GHG reduction, China pledged in 2020 to achieve carbon neutrality by 2060, and incorporated this commitment into its Nationally Determined Contributions (NDCs). In this context, the agricultural food system, as both an emission source and a carbon sink, plays a crucial role in achieving carbon neutrality.The Chinese agricultural food system contributes to GHG emissions through land-use changes, agricultural production, input manufacturing, and post-production activities such as food processing, packaging, transportation, and consumption. It is the second-largest source of anthropogenic GHG emissions, surpassed only by fossil fuel combustion. Moreover, the food system also substantially impacts social and economic development goals, including rural development, food security, sustainable agricultural development, and public nutritional health. Therefore, it is critical to thoroughly explore the emission reduction effects of policy measures and their roles in achieving multiple objectives related to health, economic, and environmental outcomes.This study systematically reviews the development of research methodologies in GHG emission reduction and agricultural food system transformation, in China and globally, with a particular focus on land use, agricultural production, and food consumption. We identify the contributions and limitations of integrated assessment models (IAMs), econometric approaches, bottom-up research based on micro-level data, and machine learning approaches. These tools enable researchers to evaluate the complex interactions between agricultural practices, environmental outcomes, and socioeconomic factors across various spatial and temporal scales.Based on existing research, we outline future research agenda for GHG emission reduction and sustainable transformation of China’s food system. While the existing literature provides valuable insights into GHG emissions accounting, emission reduction strategy evaluation, and food system transformation pathways, most of the research mainly focuses on a single objectives or measures. To address this, a more comprehensive research paradigm is proposed. First, given that accuracy in estimating key parameters of IAMs is often constrained by data limitations, future studies can leverage micro-level, large-sample data, machine learning, and econometric methods to optimize model parameterization, thereby supporting policy-making. Second, life-cycle estimation for food system GHG emissions should be prioritized, enabling a more comprehensive assessment of emission reduction potential. Third, integrating interdisciplinary data and coupling different model systems are essential to building multi-objective optimization frameworks. By combining agroeconomic models, vegetation and crop models, health risk models, and climate models, comprehensive assessments can be conducted to reveal the health, economic, and environmental impacts of GHG emission reduction policies in the agricultural food systems and to identify synergies with sustainable development goals. Fourth, future research should delve into spatial and demographic heterogeneity in agricultural emissions and mitigation potential, with particular attention to underdeveloped regions, key agricultural products, and vulnerable populations. This focus could make policy-making more targeted and inclusive. Finally, by building scenario simulation and transition pathway databases, training data can be provided for artificial intelligence (AI) algorithms. This would facilitate the development of AI models tailored to China’s food system, significantly improving decision-making efficiency and supporting major policy decisions.
2025 Vol. 55 (3): 27-42 [Abstract] ( 15 ) [HTML 1KB] [PDF 1856KB] ( 20 )
43 Yu Jianxing, Chen Shaohui
Mutual Construction of Digital Technology Application and Institutional Reform of Emergency Management: An Empirical Study Based on Textual Data from 31 Provinces in China Hot!
In the digital era, the institutional reform in emergency management is both crucial and urgent, driven not only by the extensive and profound application of digital technology, but also by the interplay and mutual construction between technology and institution. However, most existing studies predominantly follow a unidirectional attribution logic, only explaining technological transformation or bureaucratic regulation. The different explanatory approaches capture only a specific stage or a certain aspect of digital development, failing to provide a comprehensive picture of emergency management reform in the digital era. To unravel the true relationship between digital technology application and institutional reform of emergency management, it is necessary to revisit the broader theoretical issue of the relationship between technology and organizations. A review of relevant literature reveals three main theoretical perspectives: technological determinism, organizational constructionism and bidirectional mutual-construction theory. This paper adopts the mutual construction perspective, shifting the analytical focus to dynamic interaction processes, systematically examining the interaction impact of technology and institution within a unified framework. Building on classical theory frameworks, this paper attempts to construct a dynamic mutual construction framework of digital technology application and institutional reform of emergency management, proposing a series of research hypotheses about their interaction impact.In practice, the two core explanatory variables—digital technology application and institutional reform of emergency management—are relatively abstract and difficult to measure directly. Therefore, this study employs big data research tools for text mining, establishing two text databases: “Digital Technology Application in Epidemic Control” and “Innovation of Emergency Institution in Epidemic Control”. By matching the text databases with standard statistical data, the study conducts indirect measurements, ultimately obtaining a panel dataset, spanning January 2020 to December 2022 and covering 31 provinces. Additionally, to address the endogeneity issue arising from mutual influence, we introduced a simultaneous equations model for empirical test. The results show that there is a significant mutual promoting effect between technology application and institutional reform. Specifically, the key pathway through which technology application drives institutional reform is by strengthening collaborative mechanisms, while institutional reform promotes technology application primarily through technology-inclusive institutional design. Moreover, the heterogeneity of regional technology environment and crisis impact has a moderating effect on the mutual promotion. Regions with superior technological environment exhibit better performance in the coordinated development of technology and institution, while the damage of a major crisis can be a key point in driving change, speeding up the process of interaction between technology and institution.The findings preliminarily validate a continuous picture of emergency management reform in the digital era, potentially contributing to theory in two ways. First, this paper bridges the theoretical research on digital governance and emergency management, broadening the research perspective of governance reform in the digital era. By focusing on the practice of crisis response, researchers will have a greater possibility to observe the general patterns and characteristics of governance reform. Second, the new analytical framework integrates environmental features of interactive systems and refines the specific roles of institutional elements in organizations. Thus, the relevant theories of the interaction between technology and institution have been supplementary revised. The theoretical explanation of the bidirectional mutual-construction between technology application and institutional reform also deepens practical understanding, and can provide policy implications for the adjustment and optimization of emergency management systems in the digital era.
2025 Vol. 55 (3): 43-59 [Abstract] ( 26 ) [HTML 1KB] [PDF 996KB] ( 49 )
60 Xu Zhaopeng, Zhang Lufa
Spatial Proximity Advantage, Internet Medical Services and Hierarchical Medical System: A Survey on the Choice of First Visit Medical Institutions for Urban Residents in Yangtze River Delta Hot!
The comprehensive establishment of a mature and perfect hierarchical medical system is a key component of the Healthy China Strategy, and the key to implementing this hierarchical medical system lies in strengthening primary healthcare institutions (i.e. strengthening grassroots). Enhancing the accessibility of primary healthcare resources is one of the most important measures for strengthening the grassroots. Although the negative effect of distance on the patients’ choice has been widely verified in previous studies, whether strengthening the spatial proximity advantage of primary healthcare institutions can enhance their competitiveness has not been sufficiently explored due to the strong preference for higher-level hospitals in China. In addition, the explosive growth of Internet-based medical services in recent years, especially during the epidemic, has provided new possibilities for the promotion of the hierarchical medical system, but the effect may be twofold. Moreover, previous studies have mainly emphasized the induced effect of information about the impact of Internet-based medical services on patients’ choices, and the measurement validity of the core variables may be insufficient. As two new variables in China’s healthcare landscape in recent years, the burgeoning grassroots and the explosive growth of Internet-based medical services not only have interactive relationship with each other, but are also possible answers to shaping an efficient and well-organized healthcare system in China. Therefore, this paper therefore explores the impact of spatial proximity advantage of healthcare institutions and Internet-based medical services on residents’ choice of first visit, and the possible moderating role and the heterogeneity. The data for this study come from 15,481 valid questionnaires obtained from a multi-stage stratified sampling of 41 cities in the Yangtze River Delta, and the empirical analysis mainly uses methods such as multinomial logit regression. The results of the study show that (1) even in the current context of low trust in primary healthcare institutions, the spatial proximity advantage of each type of healthcare institution still significantly increases its attractiveness to residents for first visits. Even the competitive edge generated by the spatial proximity advantage of the primary healthcare institutions is greater than that of the tertiary hospitals. (2) Internet-based medical services significantly increase the rate of residents choosing tertiary hospitals as a substitute for primary healthcare institutions or secondary hospitals for their first visit, but this substitution effect does not show up in secondary hospitals versus primary health care institution. In the future, secondary hospitals may face the dilemma of “sandwich layer” in the promotion of the hierarchical medical system. (3) Internet-based medical services can strengthen the competitiveness generated by the spatial proximity advantage of each type of healthcare institution. Internet-based medical services and physical medical services may not necessarily be a substitute for each other, but may also promote each other. (4) Different types of Internet-based medical services have different effects on residents’ choice of first visit, and “online reservation + telehealth” has a significant positive effect on increasing the first-visit rate in primary health care institutions and strengthening their spatial proximity advantage. Therefore, this paper proposes that improving the primary healthcare service network and using suitable Internet-based medical services to connect high-level hospitals with primary healthcare institutions will likely be a new solution to improving the hierarchical medical system and the construction of an integrated healthcare service system.
2025 Vol. 55 (3): 60-75 [Abstract] ( 18 ) [HTML 1KB] [PDF 803KB] ( 24 )
76 Bao Zhongming, Wang Luxi, Hao Qing
An Analysis on the Design of the “Seeing Eye” and the Impressionistic Narrative Art in Henry James’ The Portrait of a Lady Hot!
Henry James’ seminal early work, The Portrait of a Lady, is a tapestry woven from the threads of life philosophy, moral consideration, and narrative art, representing the quintessence of the “perfect work” he championed in “The Art of Fiction”. Following the transformative waves of Impressionism in 1870 and 1885, James embraced the avant-garde movements’ dual emphasis on artistic expression and scientific composition, integrating these principles effectively into his narrative craft. As a central theme in James’ discourse on fiction and art theory, impression and Impressionism are the linchpins of his theoretical framework, encompassing discussions on the definition, value, creative process, character psychology, and narrative perspective of fiction. In James’ novel creation, impression and Impressionism emerge as the nucleus of textual representation, permeating the entirety of his literary career.Within the pages of The Portrait, James’ Impressionist vision is on vivid display with character consciousness at the epicenter of the narrative and impressions treated as the focal points of cognitive processing. The novel’s scenic descriptions accentuate the interplay of light and color, echoing the Impressionist technique of capturing the effects of light, hue, and atmosphere. Moreover, James underlines the phenomenological correlation between subject and object in the construction of psychological or conscious modalities, particularly in the case of the tension between Isabel Archer’s subjective self-assurance and the stark reality she confronts. This tension not only propels the narrative forward but also amplifies the novel’s dramatic impact.Percy Lubbock, in his The Craft of Fiction, carries forward and expands upon James’ thoughts on fictional art of narrative, underscoring the significance of point of view in the technical execution of fiction. Lubbock’s “Seeing Eye” theory promotes the dramatization of perspectives through the modulation of viewpoints among various subjects, presenting at once the dramatic scenes and stereoscopic picturesque style of the novel. This theory serves as a potent analytical instrument for dissecting James’ impressionistic narrative artistry, especially within the target text where the transference of the “Seeing Eye” enables the novel to render a dynamic Impressionist vision. The “Seeing Eye” within the novel is in a state of perpetual motion, shifting itself between the narrator, Isabel, and the satellite characters in quick turns, creating a multifaceted and dynamic narrative system. This transference not only grants the narrator and characters their distinct visual perspectives but also, at the author’s behest, aligns the “Seeing Eye” of the narrator with that of the characters to strengthen the effect of impressions.Many have been inspired by James’ narrative theory, but few have resonated with his exposition on “impression” as Lubbock has through the “Seeing Eye” theory. In fact, the term “impression” appears nearly a hundred times in Lubbock’s The Craft of Fiction, making it an absolute high-frequency word in his novel theory. For Lubbock, impressions dominate the activities of novel creation, reading, and criticism. A close reading of the text reveals that the shifts of the “Seeing Eye” form four peaks in chapters 13, 19, 40, and 47, with Impressionist visual effects reaching their zenith. Represented by these four peaks, the transference of the “Seeing Eye” in The Portrait demonstrates James’ impressionist vision from multiple aspects, such as the co-presence of subjective and objective truth/reality, the presentation of rich and fragmented impressions, the blending of time and space, and the Image-Text presentation centered on impressions, orchestrating a unique Impressionist narrative in the novel.In all, thanks to Lubbock’s summary and enhancement of James’ novel theory, it can be seen that the design of the “Seeing Eye” in The Portrait reveals how James, in his cross-media interpretation of impressionism, freed himself from the traditional constraints of Victorian literary conventions and initiated a modern mode of novel writing, where his significant Impressionist vision was developed. This is particularly manifested, for instance, in the continual shift of the “Seeing Eye”. The formal innovation in The Portrait, whether it be cross-media visual transcription or the establishment of a scientific observation system, results in a high degree of uncertainty of impressions and subjective narration, not only providing readers with room for their own judgments and an intense aesthetic pleasure, but also realizing the moral significance of artistic works that James was committed to highlighting throughout his career.
2025 Vol. 55 (3): 76-87 [Abstract] ( 25 ) [HTML 1KB] [PDF 1059KB] ( 44 )
88 Li Wuwei
The Understanding of the History of Chinese Character Studies in Japan and the Awareness of Chinese Character Cultural Circle Hot!
The prerequisite for constructing a systematic and scientific history of Chinese character studies in Japan is to establish a resource library of Chinese character studies in Japan, based on vigorous efforts to uncover important literature in Japan. At the same time, in-depth exploration of the basic issues in the history of Chinese character studies in Japan, such as how to understand the systematic and scientific theory and methods of Japanese Chinese character studies, involves the theory of periodization, classification theory, construction theory, country theory, geographical domain theory, interpretation theory and methods of Chinese character studies in Japan. These theories and methods will bring Japan’s Chinese character studies to a new academic height and constitute a new model of Japan’s Chinese character studies. These attempts will lay a paradigmatic foundation for future scholars to establish a more comprehensive history of Chinese characters in Japan, thereby guiding the academic direction of this field worldwide and securing China’s discursive initiative in the study of the history of Chinese characters in Japan.A comprehensive and systematic understanding of the history of Chinese character studies in Japan from the perspective of the Chinese character cultural circle will enable Chinese scholars to break away from the unidirectional research pattern of following the established “rhythm” of Japanese academic in Chinese character studies. This approach strives for independence and objectivity, and aims to secure the academic initiative of Chinese scholars in studying the history of Japanese Chinese character studies, and establish their own discursive authority. This demonstrates a more proactive vitality and determination of Chinese scholars in the shaping the understanding of Japan’s Chinese character studies.To understand the history of Chinese character studies in Japan, it is necessary to adopt three academic perspectives: the first is to view the history of Chinese character studies in Japan from the perspective of the country; The second one is to examine it from the perspective of the East Asian Chinese character cultural circle; The third point is to analyze it within the context of the global history Chinese character studies. Therefore, the academic foundation established from the outset is of a high standard.By incorporating the achievements in related disciplines and conducting interdisciplinary research on the history of Chinese character studies in Japan, research can break away from the closed fortress of a single discipline and achieve new interdisciplinary integration and academic integration, which is in line with the current academic trend of new humanities construction in the Chinese academic community. In addition to the academic integration of various sub-disciplines within the study of Chinese characters in Japan, efforts have also been made to integrate the historical studies of East Asian history, East Asian archaeology, East Asian ethnic anthropology, and East Asian political science. Furthermore, extensive literature has been discovered, a practice rarely seen among past scholars.Chinese scholars aim to understand the history of Chinese character studies in Japan and systematically sort out the academic context of Japanese scholars’ research on both Chinese and Japanese studies. They fully recognize the theoretical and practical value of the studies, and will further clarify the research objects, framework, and basic objectives of this field, and elaborate on the approaches, methods and feasibility of understanding the history Chinese character studies in Japan. Guided by the theoretical consciousness of the East Asian Chinese character cultural circle, they seek to embark on a practical new path for understanding the history of Chinese character studies in Japan.
2025 Vol. 55 (3): 88-102 [Abstract] ( 21 ) [HTML 1KB] [PDF 874KB] ( 51 )
103 Wang Yueting
Revisiting the “External Reference” Function of the Departing Tone in the Phonetic Alternation System of Ancient Chinese Hot!
Focusing on the argument structure variations between original and derived verbs reveals a commonality in these examples: the departing tone in phonetic alternation introduces a new argument. Consequently, some scholars have referred to this function as “augmenting arguments” or “assigning new arguments”. Although this is a compelling generalization, it does not perfectly align with linguistic facts. For instance, (1) introducing a new argument does not necessarily involve a departing tone (e.g., “fǎn zhào dùn反赵盾”); (2) the new argument introduced by the departing tone does not always manifest as an object (e.g., “nǜ yú zhèng zhuāng gōng女於郑庄公”); (3) the thematic role of the new object argument is often restricted (e.g., in “xì jiàn喜剑” and “xǐ yú wáng mìng喜於王命”, “jiàn剑”, is an object, while “wáng mìng王命” is a cause). Moreover, the following two phenomena and their underlying reasons have not been thoroughly explored: (1) verbs with “V+affected party” in the phonetic alternation system never exhibit a departing tone; (2) when introducing a new argument, either “于/於” (e.g., “yán zhī yú wáng言之於王”, “qǐng dí yú sòng请籴於宋”) is sued, or a combination of the departing tone and “于/於” (e.g., “nǜ yú zhèng zhuāng gōng女於郑庄公”), or only the departing tone is used (e.g., “wú yù rǔ lǐ吾语女礼”).In light of this, we conducted further research based on a more extensive collection of examples. We found that verbs originally pronounced with a departing tone, such as “lài赉”, “畀”, “毖”, “cì赐”, and “xiàn献”, exhibit syntactic function consistent with the above examples where the departing tone occurs through phonetic alternation. The function of this departing tone should thus be summarized as external reference. By external reference, we mean that the action, behavior, emotion, or commanding of the agent is directed towards, acts upon, or benefits a new argument, one not originally entailed by the verb but which the verb now seeks to encompass. In other words, only newly introduced arguments that trigger the verb’s external reference (such as destination, goal, object, associated entity, or beneficiary) can cause the verb to exhibit a departing tone through phonetic alternation.Our study also uncovered that: (1) Typically, when a verb undergoes phonetic alternation to a departing tone and points to a new argument, this new argument, due to its high salience, occupies a proximate object position, forming a highly transitive relationship of “V (departing tone)+NP (new argument)”; (2) However, in cases where the verb with a departing tone is in a low transitivity relationship with the new argument, the argument is introduced with “于/於”; (3) As for verbs like “yán言”and “qǐng请”, which have only one internal argument, the “于/於” introduces an optional peripheral element.The “departing tone” holds a remarkable place in the system of ancient Chinese phonetic alternation. Beyond its roles in marking perfective aspect and verb-noun conversion, it also functions syntactically, such as converting intransitive verbs to transitive ones (e.g., “hū háo呼号-hào shēn shū zhǎn号申叔展”), ditransitive verbs to trivalent verbs (e.g., “zǐ bù yǔ guài lì luàn shén子不语怪力乱神-wú yù rǔ lǐ吾语女礼”), inward verbs to outward verbs (e.g., “shǒu mìng yú tiān受命于天-dì shòu wǒ yòu帝授我佑”), and automative verbs to causative verbs (e.g., “qún chén yǐn jiǔ群臣饮酒-jìn hóu yìn zhào dùn jiǔ晋侯饮赵盾酒”), among others.
2025 Vol. 55 (3): 103-111 [Abstract] ( 13 ) [HTML 1KB] [PDF 1314KB] ( 13 )
112 Xie Zhiyong, Ye Run
The Innovation of Comparative Law Research in the Context of the “Concept of Mutual Learning among Civilizations” Hot!
The study of comparative law based on the“Concept of Mutual Learning among Civilizations” has undergone profound transformation, emphasizing the equal and mutual-learning relationships among different civilizations at the theoretical level. This concept breaks away from the traditional Western-centrism, advocating for diversity and inclusivity. It calls for Chinese comparative law to not only absorb legal experiences from other civilizations but also to highlight the uniqueness and contributions of China’s legal civilization in global communication. Within this theoretical framework, comparative law is redefined as a crucial discipline for promoting the modernization of China’s legal system and its participation in global legal construction.Traditionally, comparative law has served to facilitate communication among different legal civilizations. However, within China’s unique historical context, this discipline faces the challenge of maintaining its own legal traditions while incorporating/integrating foreign legal developments. The concept of mutual learning among civilizations offers a new perspective, emphasizing equality and diversity across civilizations. It challenges the view of Western legal systems as the sole reference standard and advocates for establishing a Chinese legal stance in comparative law, with the goal of advancing the modernization of China’s legal system. Consequently, the research of comparative law moves beyond mere legal transplantation and fosters equal communication and interactions among Chinese and global legal civilizations through the approach of mutual learning among civilizations. The advent of the digital civilization era poses challenges to traditional legal research methods, and the acceleration of China’s legal modernization process exacerbates these tensions. Meanwhile, the centrality of Western legal systems is gradually being dismantled, with China playing an increasingly important role on the global legal stage. Therefore, comparative law research must evolve in response to these changes and contribute more significantly to global legal civilization.The concept of mutual learning among civilizations not only sets goals and directions for comparative law research but also introduces specific research principles. These principles include the Common Values Principle, the Chinese Perspective Principle, and the Principle of Civilizational Equality. Together, they form the core ideas of comparative law research under the framework of mutual learning among civilizations. In comparative law research, these principles require that, when incorporating/integrating foreign legal systems, it is necessary to consider their compatibility with China’s national context and legal traditions, ensuring the independence and innovation of China’s legal civilization. Furthermore, the Principle of Civilizational Equality demands respect for the uniqueness of different legal systems in global interactions, preventing any single legal system from dominating others, thus truly achieving equal and mutual learning among civilizations.As comparative law continues to develop in China, its research themes, objects, and methods are constantly evolving. Traditionally, comparative law focused mainly on legal transplantation and succession, but under the guidance of the concept of mutual learning among civilizations, it increasingly emphasizes the interaction and integration of global legal civilizations. In terms of research objects, comparative law now extends beyond Western legal systems to include plural legal systems such as the traditional Chinese legal family, Islamic law, and African law. Additionally, interdisciplinary research has become a new trend in research methodology. By incorporating approaches from sociology, anthropology, computer science, and other disciplines, comparative law is better equipped to address modern legal issues and promote the diversification of legal civilizations.
2025 Vol. 55 (3): 112-127 [Abstract] ( 19 ) [HTML 1KB] [PDF 839KB] ( 50 )
128 He Xiangbai
The Regulatory Dilemmas and Institutinal Responses in Private Sector Environmental Governance in China Hot!
Developing a modern environmental governance system is an inherent requirement for China to achieve its ecological civilization, especially given China’s severe environmental challenges. Both the CPC and the State Council have emphasized that this environmental governance system should be Party-led, government-driven, enterprise-focused, and inclusive of public participation. Current studies mainly focus on the rationale and methods for building a modern environmental governance system, with insufficient attention paid to the legal challenges and normative dilemmas it faces. The participation of private entities such as market and social forces in environmental governance is the most significant difference between the modern environmental governance system and the traditional government-led environmental regulation system.After analyzing the evolution of China’s environmental governance from government-led regulation to a more collaborative approach, this article argues that private environmental governance needs to be grounded in the environmental rule of law. Without a robust environmental rule of law, effective public environmental governance cannot be achieved. Environmental rule of law can establish a framework for private environmental governance, balance diverse interests, enhance the predictability of private governance behaviors and outcomes, and prevent governance pitfalls such as power abuse, resource misallocation, and corruption.Through normative analysis of relevant laws and comparative analysis of government-led environmental regulation versus private environmental governance, this article concludes that China's current environmental legal system, which is based on the deterrent and adversarial relationship between regulators and the regulated entities, and focuses on strengthening the government’s regulatory powers and corporate environmental obligations, is not yet fully equipped to provide sufficient normative basis and effective institutional support for private environmental governance. Private environmental governance, which relies on the interaction and cooperation among multiple actors, and is implemented through mechanisms such as autonomy, negotiation and regulation authorization, faces three normative dilemmas: lack of governance rules, difficulties in holding private entities accountable for their governance behaviors, and unclear boundaries between government intervention and private environmental governance.To address these normative dilemmas, China’s environmental legal system must first establish clear rules for private environmental governance, and clarify government’s role in setting up framework, providing incentives, coordinating efforts and ensuring accountability. The ongoing codification of environmental code in China presents a valuable opportunity to institutionalize pluralistic environmental governance. Meanwhile, the essence of private environmental governance lies in achieving administrative objectives through private mechanisms, which involves balancing private interests with public interests, and reconciling economic efficiency with public responsibility. Therefore, it is necessary to delineate the scope of private environmental governance and establish accountability mechanisms to ensure that private environmental governance achieves its public administrative goals.A notable contribution of this article is the proposal of five criteria to determine whether governance should be conducted by private entities or through government administrative intervention (1) the level of environmental risk and its potential for widespread impact. For example, severe and irreversible risks may require greater regulatory intensity; (2) the maturity of private entities and the competitiveness of the market. The more competitive the market is, and the greater the number of social organizations, the more self-regulation, cooperative governance or third-party governance can be deployed; (3) the level of specialization and technical complexity of the environmental issues and fields involved. If it involves highly specialized or emerging technologies, the government can encourage enterprises to use their own technological advantages for self-regulation or co-regulation; (4) the potential consequences of direct government regulation, such as corruption or high regulatory costs; (5) the direct correlation between environmental regulation/governance and environmental public interests, including the severity of environmental damage and the urgency of protecting public environmental interests.
2025 Vol. 55 (3): 128-143 [Abstract] ( 16 ) [HTML 1KB] [PDF 772KB] ( 24 )
143 He Peixi
On the Essence of Order-related Legal Interests Hot!
Legal interests represent the unity of value and existence, serving as necessary conditions for the development of individual freedom from a value theory perspective, and as objective existences that can undergo causal changes from an ontological perspective. Based on this premise, the existing analyses within China’s criminal law theory on the essence of order-related legal interests have their limitations. The issue with the state management order theory is that not all state-managed orders are necessary conditions for the development of individual freedom, which does not meet the requirements from the perspective of legal interest value theory. Although the purposive reductionism within order reduction theory recognizes the requirements from the value theory perspective of legal interests, it fails to further explore the ontological basis of order-related legal interests, leading to a degradation of these interests into purely ideological guidance. The personal interest reductionism within order reduction theory, while reducing the ontological basis of order-related legal interests to personal interests in life, health, or property, not only overcorrects but also negates the significance of the existence of order-related legal interests themselves.Orders can be divided into externally enforced orders and spontaneously generated orders. Externally enforced orders cannot meet the requirements from the value theory perspective of legal interests, and thus cannot become eligible legal interests worthy of protection by criminal law. Only when a state-managed orderly status also belongs to a spontaneously generated orderly status among individuals, can it meet the requirements from the value theory perspective of legal interests, becoming order-related legal interests worthy of protection by criminal law. The ontological basis of order-related legal interests lies in the psychological willingness of unspecified individuals who may enter a particular order domain, after rational assessment, to shape a certain order according to the behavior patterns they recognize. This psychological willingness is an objective existence that can undergo causal changes, thereby meeting the requirements from the ontological perspective of legal interests.Based on the essential characteristics of order-related legal interests, we can further construct the judgment rules to judge whether the order-related interests are infringed. (1) The Order-related legal interests are inter-subjective interests. The subject of order-related legal interests is not a specific individual but any unspecified individual who may enter a particular order domain. Therefore, it is necessary to judge whether order-related legal interests have been infringed upon from the standpoint of these unspecified individuals within the order domain. (2) Order-related legal interests are public interests. Order-related legal interests arise from unspecified individuals who may enter a particular order domain, thus only actions entering the relevant public domain can infringe upon order-related legal interests. (3) Order-related legal interests are subject to change. The psychological willingness of unspecified individuals within a particular order domain may change with social conditions, requiring legislators and judiciary to evaluate the psychological willingness of these individuals in line with the contemporary society. These rules can help legislators assess the legislative legitimacy of laws concerning order-related crimes and also assist judges in reasonably defining the scope of application of laws in such cases.
2025 Vol. 55 (3): 143-160 [Abstract] ( 21 ) [HTML 1KB] [PDF 970KB] ( 37 )
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