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Latest Printed Issue
2025, Vol.55 Num.7
Online: 2025-08-14
Article
 
Article
5 Wu Handong, Gao Jing
On the Copyright Governance of Open Source Software from the Perspective of Open Innovation Hot!
Open source software exemplifies open innovation, yet its copyright governance must resolve the inherent tension between knowledge control and sharing, adhering to the fundamental logic of knowledge circulation and collaboration. In practice, copyright governance challenges for open source software manifest as follows: Firstly, ambiguity persists in determining whether open source software constitutes a sole-authored work or a collaborative work, leading to confusion in resolving ownership disputes. Secondly, current institutional arrangements inadequately address the divergent interests between software initiators and contributors, resulting in simplistic and underdeveloped benefit distribution mechanisms. Thirdly, legal remedies disproportionately favor injunction relief, overlooking its inhibitory effects on knowledge circulation. The immediate cause of these governance challenges lies in the failure to accurately grasp the distinctive attributes of open source works, leading to a theoretical disconnect among open-source software, open innovation, and intellectual property rights. At a deeper level, however, it reflects the legal system’s delayed adaptation to paradigm shifts in intellectual property values and functional priorities under open innovation. Specifically: First, under the open innovation paradigm characterized by multiple creative subjects, the legal system has yet to develop adaptive mechanisms for balancing legal values that align with its unique dynamics. Within this collaborative framework, efficiency emerges as the paramount legal value for resolving multi-agent innovation coordination challenges. Consequently, the intellectual property regime must undergo a systematic reconfiguration of its value hierarchy, prioritizing the minimization of institutional frictions in the circulation of knowledge assets as its primary operational benchmark. Second, the legal architecture remains inadequately responsive to the systemic ramifications of openness inherent in open innovation. For the extensive network of collaborative innovators, the IP system’s positive function as a catalyst for knowledge flow demonstrably outweighs its negative function as a gatekeeper against unauthorized use. For collaborative innovators, intellectual property regimes should emphasize knowledge dissemination over restrictive controls against unauthorized use. Institutional designs must fundamentally prioritize promoting knowledge circulation. Recognizing the bidirectional nature of knowledge flows, stakeholders in open-source software exhibit differentiated interests: developers prioritize infringement deterrence, while contributors emphasize benefit-sharing. Accordingly, a governance framework should be constructed with knowledge circulation as the objective, efficiency as the guiding value, and contribution-based distribution as the principle. Concrete measures include: Establishing a presumptive default rule recognizing open source software as sole-authored works while preserving contractual flexibility. Designing a rights allocation mechanism where “developers retain copyrights while contributors receive benefits proportionate to their input”. Adopting remedial approaches such as mandatory disclosure or non-injunctive relief under special circumstances to mitigate knowledge flow disruptions.
2025 Vol. 55 (7): 5-18 [Abstract] ( 6 ) [HTML 1KB] [PDF 739KB] ( 14 )
19 Zhang Yan, Zhang Cicheng
Logic and Pathways of Content Governance of Generative AI Hot!
The rapid development of generative artificial intelligence (AI) presents immense potential but also significant risks, particularly in terms of content. These risks primarily manifest in the generation of discriminatory and inappropriate content, which can undermine social equality, justice, and public morality. China has already enacted legislation to regulate generative AI. However, the effectiveness of these laws remains to be seen. Existing academic research is divided, with some scholars arguing that generative AI does not pose new risks and advocating for lenient regulation, while others propose innovative governance approaches involving legal and technical measures. Overall, existing researches lack a clear governance logic and approach for content governance. First, it is essential to clarify the goals and boundaries of content governance. Content governance must address both the needs of generative AI as a medium of communication and as a foundational infrastructure. The former constitutes the goal of content governance, which is to proactively prevent and address the societal risks that may arise from the unrestricted generation of content. This involves safeguarding individual freedom of information while ensuring the authenticity and effectiveness of information flow and preventing the homogenization of societal information. The latter defines the boundaries of content governance, emphasizing the need to avoid over-regulation that hinders the utility of generative AI as a digital infrastructure and the healthy development of China’s AI industry. Second, a logical framework for content governance must be constructed, namely, integrated classification governance. Currently, content governance for generative AI follows a “piecemeal social engineering” methodology, resulting in a rather arbitrary and fragmented governance landscape. The lack of smooth connections between governance rules significantly weakens the overall effectiveness of content governance. To achieve more scientific and effective content governance, the governance logic must shift from an individualistic perspective of fragmented governance to a holistic perspective of integrated governance. While emphasizing the connections and interoperability of technological, industrial, and legal logics, it is also necessary to consider the technical characteristics and industrial development status of generative AI governance, combined with the goals and boundaries of content governance, to classify the entities in the AI industry chain that are subject to governance in accordance with legal, technological, and industrial logics. Based on a functionalist paradigm, differentiated classification governance methods should be configured for different entities. Finally, a scientifically sound governance approach should be established, and appropriate governance measures proposed. For technology developers, soft law norms should be primarily adopted, with a greater emphasis on ex-ante regulation to incentivize and encourage them to engage in technological governance. For technology users, hard law norms should be primarily adopted, with a focus on ex-post regulation to supervise, correct, and penalize their application behaviors in accordance with the law.
2025 Vol. 55 (7): 19-32 [Abstract] ( 6 ) [HTML 1KB] [PDF 730KB] ( 11 )
33 Li Yachao
System Construction of Commercial Trial Thinking in the Codification Context Hot!
In the codification era, emphasis on rationalization and formal logic of law marked the transformation from rule by man to rule by law in a country’s judicial system. The Civil Code of the People’s Republic of China has established a legislative model with the integration of civil and commercial law, yet more problems are exposed due to the deficiency of commercial law norms in the codification context. Compared with the explicit legal norms, it is more accepted that commercial trial thinking exists as the concept of commercial law, making it difficult to be fully implemented in judicial practice. Currently in China, it is infeasible to enact the General Principles of Commercial Law and Commercial Code at the legislative level in the short term. Therefore, how to highlight the distinctiveness of commercial law in commercial trial is particularly essential. However, in current researches on its distinctiveness, commercial law scholars still centered on theoretical studies. And the commercial trial thinking remains fragmented, with a huge gap with the systematic and structured thinking in the codification context, which severely constrains the thinking function in commercial trial.In the era of codification, researches on commercial trial thinking should transfer its emphasis from theory to norm and then to application, progressively achieving its systematic construction. It is imperative to highlight the distinct feature of commercial law regulation while actively refining judicial channels. Specifically, the content of commercial trial thinking should be grasped from three dimensions of “the distinctiveness of commercial relations, the standardization of commercial law concepts, and the refinement of judicial channels”. First, the distinctiveness of commercial relation should be clarified from the perspective of legal basis, proactively incorporating commercial elements and characteristics such as the profit-making nature of commercial entities, the high risk of commercial activities, and the benefit basis of commercial society. Current related studies are relatively sufficient but not systematic, so it is necessary to fully elaborate the distinctiveness of commercial relations from all aspects. Second, the concept of commercial law in the normative sense should be reinforced, so as to highlight its diverse regulatory concepts compared with civil law, including the concept of enhanced commercial liability and the concept of commercial externalism. Moreover, theories of commercial law will be driven to develop into commercial norms, thereby gradually realizing the transformation from commercial logic to legal norms. Compared with the abstract value or profit purpose of commercial law such as efficiency and security, the concepts of commercial law with stronger normative nature is more operable in commercial trial. Third, the traditional civil law adjudication methods and regulatory logic should be revised in judicial channels. In commercial trials, it must be fully acknowledged that commercial rights and interests are complex and uncertain, along with the weakening legal relations. The commercial autonomy spirit with greater respect must be entirely implemented in the balance between autonomy and regulation, to further expand the application of commercial features and concepts in practice. Since the values, principles and concepts of commercial law, at their cores, are the legal theory or even a kind of academic theory, emphasis should be placed on solving the problems of judicial channels in future study on commercial trial thinking. It is crucial but scarcely investigated in current studies on commercial law. Only with these efforts can the commercial trial thinking play a more substantial role in the era of codification, effectively making up for the severe deficiency and lag of commercial legislation, and laying the groundwork for the enactment of China’s General Principles of Commercial Law or even Commercial Code in the future.
2025 Vol. 55 (7): 33-44 [Abstract] ( 5 ) [HTML 1KB] [PDF 656KB] ( 10 )
45 He Xinyu
Paradigm Shift of Marxist Aesthetics and Its Methodological Enlightenment Hot!
The theoretical paradigm of Marxist aesthetics represents a global aesthetic framework that diverges from the romantic aesthetic tradition, rejecting Eurocentrism as its foundational principle. This paradigm embodies profound theoretical aspirations and practical significance within the field of aesthetic studies. Throughout its historical development, Marxist aesthetics has undergone several pivotal paradigm shifts along a linear historical trajectory, while simultaneously demonstrating spatial and formal intersections across different geographical contexts. In the context of rapid modernization and globalization, these paradigm shifts have manifested in diverse aspects, particularly in aesthetic modernity and fundamental aesthetic propositions. Notably, Chinese Marxist aesthetics has emerged as a significant component, contributing to the formation of a complex problematics within the broader domain of Marxist aesthetic theory. This evolution reflects both the theoretical depth and practical relevance of Marxist aesthetics in addressing contemporary aesthetic challenges.Building upon this theoretical foundation, this article systematically investigates three pivotal theoretical paradigms in the historical evolution of Marxist aesthetics: the historical materialist approach to literature and art, the anthropological paradigm shift, and the paradigm shift centered on aesthetic ideology. Although these elements do not encompass the complete spectrum of theoretical paradigms in Marxist aesthetics, they represent significant paradigm shifts that emerged within specific historical contexts. These developments not only inherit but also advance the Marxist aesthetic tradition, demonstrating its dynamic and evolving nature. For the development of Chinese Marxist aesthetics, this study provides significant methodological insights, particularly in offering an aesthetic-historical perspective for interpreting the Marxist aesthetic discourse system.Different from Western aesthetics, which excels in abstract speculation and metaphysical theoretical discourse, Chinese Marxist aesthetics unfolds in tandem with the practice of socialism with Chinese characteristics. The distinctive features of Chinese Marxist aesthetics lie in its pronounced practical orientation and empirical approach, stemming from the integration of Marxist fundamental theories with Chinese aesthetic experiences and artistic practices. Consequently, the formation of the aesthetic paradigm in China has progressed concurrently with the practical development of socialism with Chinese characteristics. To reflect on the Chinese Marxist aesthetic paradigm within the contemporary cultural context, it is imperative to examine its unique contributions from a global aesthetic perspective, while integrating China’s rich aesthetic experiences and theoretical perspectives into the historical process of globalization.In conclusion, Marxist aesthetics has demonstrated the potential for a more rational and promising future for humanity. It is poised to play an increasingly significant role in guiding values within contemporary and future societal development. In the context of China’ pursuit of socialism with Chinese characteristics, Chinese Marxist aesthetics embodies both the orientation and historical imperatives for a better world. Within this framework, the Chinese Marxist aesthetic paradigm represents an advanced aesthetic form that is globally oriented and future-focused.
2025 Vol. 55 (7): 45-55 [Abstract] ( 6 ) [HTML 1KB] [PDF 667KB] ( 12 )
56 Yi Meiyu
Historical Materialistic Orientation in Narratives of the New Form of Human Civilization Hot!
The unprecedented global changes unseen in a century are intertwined with intense contests over civilizational narratives. Civilizational narratives concern the driving forces, principal actors, and value orientations of specific forms of civilization. They are essential activities for defining national identity, articulating positions, and demonstrating values, increasingly exhibiting significant practical power in the practice of human civilization. The emergence of a new form of human civilization presents itself with a narrative mission: to break free from the global civilizational narrative constructed by capitalism. Achieving this mission necessitates adherence to the principles of historical materialism, which serve as the intrinsic foundation of its narrative. Historical materialism provides directional guidance for narrative construction, forming the cornerstone for cultivating the practical character of narratives and establishing an autonomous civilizational narrative system for China.As a genuine “science of history”, historical materialism reveals the intrinsic laws of social history through a revolutionary philosophical paradigm rooted in a scientific view of practice. Thus, adherence to the scientific view of practice constitutes the essence of Marxist theory and its narrative quality. This scientific view of practice is intrinsically related to dynamics, subjectivity, values, and methodological laws—areas that are simultaneously the critical weaknesses in the illusionary narratives of Western civilizations. The narrative of the new form of human civilization, as an innovative civilizational narrative, derives its novelty from its conscious inheritance of the practical character of historical materialism. This determines that it is imperative to break traditional civilizational narratives, especially the illusionary narratives of capitalism, and to concretely elucidate the dynamic mechanisms, subject dimensions, value orientations, and intrinsic laws of the new form of human civilization within the practical framework of historical materialism. By doing so, it provides a scientific civilizational narrative model to support the construction of modern Chinese civilization and advance human civilizational progress, demonstrating the practical guiding force of scientific narratives.In the narrative of dynamics, the Communist Party of China creates a new form of civilization by consciously addressing fundamental and principal social contradictions. This narrative analyzes and summarizes the driving forces and historical processes behind the formation of the new form of civilization, answering the question: “What is the fundamental driving force behind the formation of the new form of civilization?” In the narrative of subjectivity, the people are regarded as the general creative subjects of the new form of civilization. On this basis, a multidimensional subject structure of “the masses, the Communist Party of China, and the Chinese nation” is proposed, forming a vivid image of the subjects of the new form of human civilization and answering the question: “Who creates, leads, and develops the new form of civilization?” In the narrative of values, it is proposed that the narrative of the new form of human civilization is not only a factual account of the evolution of civilization but also a value-oriented narrative about comprehensive human development. Therefore, it must unify fact and value to fully showcase the profound popular sentiment, rich tradition of people-centered governance, broad global vision, and lofty progressive aspirations embodied in the new form of civilization, answering the question: “For whom is the new form of civilization created, and what are its value orientation and ultimate pursuit?” Finally, in the narrative of laws, the dialectical synthesis of insights from the dynamics, subjectivity, and value narratives condenses into methodological principles essential for the further development of the new form of human civilization. These include three aspects: (1) highlighting unique characteristics within the narrative unity of universality and particularity; (2) expanding developmental space through the narrative unity of necessity and contingency; and (3) promoting new leaps forward by dialectically balancing reality and possibility. This narrative answers the question: “What are the underlying laws and methodologies?”
2025 Vol. 55 (7): 56-67 [Abstract] ( 9 ) [HTML 1KB] [PDF 712KB] ( 25 )
68 Geng Qiang, Chen Qiumeng, Qiu Siyi
Historical Studies of Translation: From Paratexts to Metadata Hot!
Translation history, which is a branch of history, commonly employs qualitative methods for in-depth, contextual analysis of a limited set of historical texts and archives. This typically results in a somewhat flat interpretation of textual information, which is heavily reliant on the researcher’s ability to establish semantic links. The advent of historical big data presents significant challenges to this traditional paradigm, both epistemologically and methodologically. Digital historiography enables “distant reading” techniques that disrupt the humanities and social sciences’ traditional focus on contextual specificity. Leveraging big data tools can uncover latent semantic patterns and historical development trends that are not readily apparent through conventional qualitative methods. This shift offers a valuable complement to traditional approaches by revealing new insights gained from distant reading of extensive datasets.A key limitation in applying big data to translation history research lies in the absence of specialized datasets. To overcome these limitations, the concept of metadata provides a promising new paradigm. Epistemologically, metadata allow researchers to expand analysis beyond small-scale case studies by treating paratexts around translations as data points within a larger dataset. As such, this shift facilitates a broader and more comprehensive examination of translation history. Methodologically, tools like R language enable the transformation of flat paratexts into multidimensional, structured metadata, thereby enhancing the scope of analysis and opening up new possibilities for research.In a practical application in this vein, over 1,000 translations of literatures from other countries than China especially published in series between 1978 and 1989 were collected and organized into a dataset with 44 distinct fields. Analysis using R language reveals that the majority of translations came from Britain, America, and France, while Russian literature continued to be a major focus. There is a noticeable trend towards the popularization of classic works, and despite the diverse range of translation forms and a vast translator community, only a small proportion of translators are highly active. Additionally, the overall volume of translation activity began to decline after 1987. Further research reveals a theoretical value for the metadata approach which provides important insights into retranslation studies. It helps identify previously overlooked participants in the translation process and clarifies the relationships between translators and their patronages.This R language-based analysis enhances the understanding of translation micro-contexts and reveals long-term historical trends. Overall, the integration of metadata into translation history research signals the beginning of a new era characterized by big data methodologies. This approach not only deepens the study of translation paratexts but also supports the development of robust data infrastructure and offers novel methodologies for interdisciplinary studies.
2025 Vol. 55 (7): 68-80 [Abstract] ( 8 ) [HTML 1KB] [PDF 1306KB] ( 22 )
81 Yang Bin
Sentiments vs. Ethics: An Overview of the Three Major Critical Approaches to Jin Ping Mei Hot!
Jin Ping Mei (The Plum in the Golden Vase), China’s first significant novel portraying worldly affairs, has inspired three major critical approaches: the Chongzhen critique, the Zhang Zhupo critique, and the Wen Long handwritten critique. These critiques reflect evolving interpretations of the novel’s purpose and social thought shifts from the late Ming through the Guangxu Period (1875-1908) of the Qing Dynasty.Although drawing on the critical language used by early critics such as Ye Zhou (Li Zhi) and Jin Shengtan, these three critiques focus on the tension between “worldly sentiments” and ethics, and the various attempts to reconcile the two from different perspectives. The primary distinction among these approaches lies in their stance on whether Jin Ping Mei should be regarded as an erotic book. The Chongzhen critique, rooted in the late Ming evaluative principle of “respecting human sentiments”, draws a distinction between sentiments and eroticism, rejecting the classification of Jin Ping Mei as an erotic work. Highlighting the novel’s exploration of worldly and human affairs, Zhang Zhupo proposes his “Theory of Bitter Filial Piety”, arguing that it was written out of a filial son’s grief and indignation, thereby rejecting the notion that it is merely an erotic novel. In contrast, the Wen Long critique marks a clear shift from “worldly sentiments” to ethics. Rooted in his understanding of “heavenly principle”, Wen Long dismisses the novel’s portrayal of worldly affairs and supports the argument that it is an erotic book.The three critiques, emerging sequentially, reveal the evolving reception of Jin Ping Mei and each critic’ response to the views of their predecessors. Zhang Zhupo’s “Theory of Bitter Filial Piety” naturally extends the Chongzhen critique’s focus on worldly affairs. Additionally, Zhang’s emphasis on human sentiments serves as a bridge between the Chongzhen and Wen Long critiques. However, Wen Long’s interpretation of Zhang’s critique largely takes the form of opposition. By accepting the view of Jin Ping Mei as an erotic novel, Wen Long concludes that “it is inevitable that those who are licentious are devoid of genuine feeling”. This stance leads Wen Long to focus on moral and ethical criticism of the novel, bringing his conception of the novel into alignment with traditional literary standards.This shift mirrors the intellectual climate of the time. The Chongzhen critique, grounded in the affirmation of “respecting human sentiments”, embraces the views of early Confucian and Late Ming thinkers who valued natural human emotions and sought to integrate sentiments with ethics. However, during the transition from the Ming to the Qing Dynasty, intellectuals began to reassess Wang Yangming’s philosophy and renewed their focus on the principles of Song Confucianism. This shift gave rise to an Early Qing ethos that emphasized pragmatism and rationality, placing Neo-Confucianism at the center of literary discourse. Novel writing and criticism were increasingly expected to serve ethical and didactic purposes. It was during this intellectual transformation that Zhang Zhupo’s critique emerged. By contrast, in the Late Qing Period, Wen Long’s critique was deeply influenced by the revival of Neo-Confucianism, which upheld traditional and conservative moral values. This shift is particularly evident in the differing critiques of the beginning and end of the story “Wu Song Kills His Sister-in-Law” by the three critics.It follows from the analysis above that the distinction between sentiments and ethics divides the three critiques of Jin Ping Mei into left, center, and right camps, with the “left” emphasizing sentiments and the “right” emphasizing ethics. Spanning several centuries, this critique pattern highlights the complex and ongoing struggle between sentiments and ethics in the history of Chinese novel writing and criticism, reflecting broader intellectual shifts in literary history. These critiques not only reveal differing philosophical perspectives but also trace the evolution of moral and ethical values in Chinese society, with each critique offering a distinct vision of the novel’s role in reflecting and shaping these values.
2025 Vol. 55 (7): 81-93 [Abstract] ( 9 ) [HTML 1KB] [PDF 872KB] ( 20 )
94 Lu Mingchuan
Ethical Dilemmas of Western Ecological Modernization and Their Transcendence Hot!
Western ecological modernization theory, as a typical paradigm in the field of Western ecological governance, takes the “shallow green” ecological perspective as its logical starting point and constructs a three-dimensional governance paradigm driven by marketism, technicism, and differentialism. This theory posits that the ecological crisis stems from the uncompensated use of natural resources, the stagnation of linear technological development, and the insufficient mobility of ecological resources. Therefore, it advocates for ecological restoration through the commodification of ecological resources, the advancement of pollution control technologies, and the global flow of ecological resources.Compared with traditional development theories, Western ecological modernization theory does indeed hold certain progressive significance in both theory and practice. However, it still adheres to the dualistic thinking that separates humans from nature. The market mechanisms, technological innovations, and global flow of ecological resources it promotes all implicitly carry the value of Western supremacy. From both theoretical logic and practical reality, this presents serious ethical dilemmas: the commodification of all things essentially reflects a utilitarian and Darwinian application of the market, amplifying the market rent-seeking and rentier motivations regarding ecological resources, thereby undermining public ethical consensus. Radical technicism implies that technology possesses moral legitimacy and final interpretative authority, leading to a belief that science and technology can conquer and control nature, which results in the alienation of human subjectivity. The global flow of ecological resources effectively maximizes the deprivation of underdeveloped countries’ ecological resources by developed countries, exacerbating the imbalance of environmental justice. The underlying logic of Western ecological modernization remains oriented towards the capital logic, attempting to evade the structural contradictions between capital logic and ecological environmental protection, and hoping to resolve ecological issues solely through market, technology, and policy measures. Consequently, it fails to identify an effective green development path that can harness capital.To break through the ethical dilemmas of Western ecological modernization, it is necessary to return to Marxism, construct an ecological civilization ethical community, and promote the harmonious coexistence of humans and nature. Specific pathways include: reshaping ecological ethics through the concept of a community of life between humans and nature, rejecting the market omnipotence and anthropocentrism inherent in the Western capitalist ecological thinking, and promoting the dialectical unity of ecological resourceization and resource ecologicalization; developing a human-centered green technology system that drives green production and green living, achieving a harmonious development of ecology, economy, and society; advocating for the co-construction of a global community of life, promoting fairness and justice through reforms in the global ecological governance system, and facilitating sustainable human development. History and reality indicate that only by transcending the capital-centric and technological utopian myths of Western modernization, adhering to the concept of a community of life between humans and nature, and clarifying the ethical relationship of “beauty in harmony” between humans and nature can we achieve a true harmonious coexistence of humans and nature, providing a new civilizational paradigm for global development.
2025 Vol. 55 (7): 94-105 [Abstract] ( 10 ) [HTML 1KB] [PDF 773KB] ( 8 )
106 Yin Jie, Liu Weifan
An Exploration of the Metatheory of Moral Progress Hot!
Moral progress, as a significant topic in moral philosophy and social sciences, encompasses not only the dynamic mechanisms of social norm adjustments but also the complex interplay between the evolution of social institutions and the transformation of values. This interdisciplinary nature has led scholars in ethics, sociology, and political science to investigate moral progress from their respective theoretical paradigms. However, due to fundamental differences in disciplinary backgrounds, there has been no consensus on basic issues such as research objects, methodologies, and interpretive standards. These epistemological and methodological divergences have not only resulted in the fragmentation of moral progress studies but have also left contemporary moral philosophy struggling with insufficient explanatory power when addressing the concept of progress.Currently, debates surrounding moral progress mainly manifest in three aspects: the subject controversy, which involves the tension between groups and individuals; the relativism controversy, which addresses the universality of progress standards; and the model controversy, which concerns the driving factors of moral progress. The absence of a unified ontological and epistemological foundation, along with a coherent methodological framework, makes it difficult for existing ethical studies to resolve the incompatibility of moral subjects or to provide a universally applicable theoretical framework for assessing and promoting moral progress in cross-cultural contexts. This dual predicament underscores the urgent need for a breakthrough from a new philosophical perspective, seeking to resolve disciplinary disputes through the construction of a coherent metatheory of moral progress.From a metaethical perspective, extending ethical theoretical disputes to metatheoretical issues reveals that the subject and relativism controversies reflect the existential questions of moral progress, including: (1) Does moral progress require a commitment to moral realism? (2) Does moral anti-realism necessarily negate the existence of moral progress? The relativism and model controversies, on the other hand, reflect the standards and epistemological issues of moral progress, including: (3) What is the meaning of morality in moral progress? (4) How does moral pluralism affect the standards of moral progress? (5) Is moral progress knowable, and what factors interfere with its recognition? (6) If moral progress is knowable, how should the legitimacy of current moral concepts be determined? (7) If moral progress is knowable, what methods should be used to observe and measure it? These questions form the problem domain of the metatheory of moral progress, which not only integrates the fragmented research landscape and provides a systematic framework for understanding moral progress but also establishes a methodological foundation for analyzing and evaluating the rationality of different theories of moral progress.The construction of the problem domain provides normative guidance for the metatheory. Specifically, a metatheory of moral progress should first clarify the concept of moral progress under a specified realist or anti-realist stance. Second, it should propose an inclusive standard of progress within the framework of moral pluralism. Finally, it should provide methodological support for recognizing and measuring moral progress. Examining existing views on moral progress through this problem domain reveals that while reductionist, functionalist, and pragmatist explanatory approaches can address certain aspects of the issue, they fail to effectively distinguish between theoretical disputes and metatheoretical concerns, thereby suffering from explanatory limitations. Modest naturalism, as an emerging explanatory approach, not only avoids the realist controversy in moral progress but also effectively addresses the existential problem of moral progress and the challenges posed by moral pluralism. Moreover, it offers concrete proposals for recognizing moral progress, making it a more suitable foundation and framework for constructing a metatheory of moral progress.
2025 Vol. 55 (7): 106-118 [Abstract] ( 10 ) [HTML 1KB] [PDF 663KB] ( 36 )
119 Deng Guokun
The Position and Role of “Universe” in Xiangshan's Xinxue Hot!
Xin and universe are important concepts in Xiangshan’s Xinxue and they construct the system of Xiangshan’s Xinxue in the form of ontology and phenomena. The universe generally refers to the systematic, continuous, and developing entity of time and space, as well as all things within time and space. The cosmic problem runs through Xiangshan’s life, and he often thinks about philosophical, literary, political, educational and other issues from the perspective of the universe. Xiangshan often talks about and imparts ideas about the universe, and its academic work is often referred to as the universe. A systematic and in-depth interpretation centered on the universe not only helps to reconstruct the system of Xiangshan’s Xinxue, but also demonstrates the multidimensional unity of cosmology, human status and responsibilities in the universe, and the pursuit of harmony and happiness in the universe.Xiangshan first searched for the noumenon of the existence of all things and the rule of the universe’s operation from the objective universe of existence, thus constructing the physical universe. Then Xiangshan reflected on the relationship between the physical universe and the human mind, including the human mind’s understanding, reflection, construction, and manifestation of the physical universe, as well as the identity and differences of each person’s psychological universe, in order to construct the psychological universe. Finally, based on the integration of the physical universe and the psychological universe, Xiangshan proposed the ethical universe of “the universe is one family”. In the ethical universe, human beings and all things are inherently intimately united, sharing weal and woe, mutual benevolence, and coexisting harmoniously. The three are interrelated, with similarities and differences coexisting, together forming a multidimensional and progressive cosmology.As a member of the universe, humans can become “cosmic beings” and stand side by side with heaven and earth as three poles. Human beings should take the affairs of the universe as their own responsibility, follow the rule of the universe, and assist in the smooth operation of the universe. Human beings must enjoy, know, practice, and popularize the Tao. The cosmic realm pursued by Xiangshan is the harmony and happiness of the universe. The harmony and happiness are the ideal state of the universe, and also the ultimate goal of Xiangshan’s cosmic thought. In the sum of the universe, the popularization and popularity of “true morality” and “the filling of the universe with harmony” have reached a state of mutual perception, mutual understanding, unity of heart, virtue, and strength, harmonious coexistence, and no competition or struggle. There is only one family in the universe, and there is no longer a dispute between “my family” and “other family”. Heresy, the ideal state where evil deeds and bad habits will never occur. People and all things achieve the happiness of the universe in the sum of the universe. Everyone in the world can respect virtue, enjoy Tao, and live and work in peace and contentment, be happy and at ease.The Xiangshan cosmology is one of the representative achievements of the Song Dynasty’s cosmology, and also one of the theories representing the purpose and characteristics of Xiangshan’s Xinxue. Discussing the position and role of the universe in Xiangshan’s Xinxue can highlight the field and main theme of Xiangshan’s Xinxue from an ontological perspective. In Xiangshan’s Xinxue, cosmology, as an interpretation and construction of the phenomenal world or existence as a whole, forms a multidimensional worldview that Unified noumenon and phenomenon with mind and Li. The theory of life, as a concrete practice of the original mind and the construction of the order of the universe, has opened up a path of Large and profound for Xiangshan’s Xinxue. The unity of mind and Li, as well as the harmony and happiness of the universe, jointly construct a beautiful destination and ultimate realm in the thought of Xinxue. The Xiangshan cosmology provides valuable philosophical resources for Xinxue in later generations and helps to solve current issues such as mental illness, moral cultivation, racial disputes, and ecological degradation.
2025 Vol. 55 (7): 119-128 [Abstract] ( 7 ) [HTML 1KB] [PDF 735KB] ( 13 )
129 Qu Wensheng
Legal Orientalist Caleb Cushing and His Three Discourses on US Extraterritoriality in China Hot!
During the early phase of formal Sino-American interactions, the United States fundamentally challenged Chinese legal civilization through the discourse of Legal Orientalism. This paper offers a comprehensive analysis of Caleb Cushing, the first U.S. commissioner, envoy extraordinary and minister plenipotentiary to China, as a paradigmatic Legal Orientalist, focusing on his three distinct discourses on extraterritoriality and related archival materials surrounding the 1844 Treaty of Wanghia. By deconstructing the colonial logic and power dynamics embedded in Cushing’s theoretical framing and diplomatic practice across three stages, this study reveals how he systematically deployed Orientalist narratives to advance American imperial interests.Cushing’s first discourse emerged prior to the Treaty negotiations. He drew analogies between the 1830 Treaty of Commerce and Navigation Concluded Between the United States and the Ottoman Empire, which established extraterritorial jurisdiction in Muslim territories, and the forthcoming Treaty with China. By emphasizing civilizational differences between Christian and non-Christian legal systems, he laid the ideological foundation for American extraterritorial claims in China.The second discourse unfolded after Cushing’s arrival in Macao, centering on the Sue Aman Case. He constructed an essentialized binary between “Christian jurisprudence” and Chinese law, strategically invoking civilizational rhetoric to assert the superiority of American legal norms. By securing the ratification of the Treaty before the case could be adjudicated, Cushing effectively preempted Chinese territorial jurisdiction. Article 21 of the Treaty of Wanghia institutionalized consular jurisdiction by stipulating that U.S. citizens accused of crimes in China would be tried exclusively under American law by American authorities, thereby formally establishing the principle of extraterritoriality.The third discourse emerged during Cushing’s return voyage. He employed instrumentalist interpretations of international law to classify China as a “semi-international legal subject”, thereby crafting a paradox: China was denied full sovereign rights while simultaneously burdened with international obligations. Through this bilateral treaty framework, Cushing contributed to America’s exclusion of China from the “family of nations”, employing the tools of positivist international law to institutionalize legal asymmetry.Across these discourses, Cushing merged Legal Orientalism with affective imperial rhetoric to construct narratives of American victimhood, thereby legitimizing the unequal treaty system. His tripartite strategy served two interrelated goals: to justify unilateral extraterritoriality and to promote free trade imperialism under coercive legal mechanisms.A critical reassessment of these colonial discursive structures remains an essential scholarly endeavor for historians of Sino-American relations, international law, and global order. This case study demonstrates that Legal Orientalism functioned not merely as a descriptive taxonomy but as an active technology of imperial governance, shaping the colonial foundations of modern international legal regimes.
2025 Vol. 55 (7): 129-144 [Abstract] ( 4 ) [HTML 1KB] [PDF 887KB] ( 11 )
145 Xu Kui, Zou Mengqi
Legal Foundation, Model Selection and Implementation Path of Audit Supervision Empowering the Development of New Quality Productive Forces Hot!
Audit shoulders a crucial mission in the new journey of building a strong country and achieving national rejuvenation. It must take proactive steps to advance the development of new quality productive forces, as this represents both the duty bestowed by our times and an inherent requirement of serving national strategies. This study attempts to establish theoretical and practical linkages between audit oversight and the advancement of new quality productive forces, with the aim of providing theoretical support and methodological guidance for audit practice. The potential marginal contributions may manifest in the following three aspects.Firstly, it expounds the legal basis for the empowerment of new quality productive forces by audit supervision. In terms of formal legitimacy, the national constitution and relevant laws and regulations clearly grant the audit institutions the statutory mandate to supervise the implementation of economic policies and the authenticity, legality and efficiency of fiscal and financial revenues and expenditures. Supervising the development of new quality productive forces is a natural extension and inherent requirement of this statutory mandate. In terms of substantive legitimacy, it is rooted in the Party’s centralized and unified leadership over audit work, serving the fundamental requirements of modernizing China’s system and capacity for governance. At the same time, it also stems from the high degree of alignment between the audit’s duty to supervise the government’s fulfillment of public fiduciary economic responsibilities and the intrinsic demands of developing new quality productive forces. In terms of institutional distinctiveness, audit is a broad-scope, deep-level and forward-looking economic supervision, and a key governance tool for driving the formation of a closed loop in the innovation chain. The development of new quality productive forces involves complex chains and resource inputs, and its efficiency realization and risk control highly depend on the effective supervision loop formed by audit supervision, thereby ensuring the smooth achievement of development goals.Secondly, it constructs specific models through which audit supervision empowers new productive forces. The “policy tracking model” focuses on tracking the implementation of policies related to new quality productive forces, assessing the degree of target achievement, resource effectiveness, and implementation obstacles, thereby serving the optimization of macro-level decision-making. The “independent business model” establishes new quality productive forces audit as an independent, regular specialized audit activity, systematically covering core areas such as technological innovation, industrial upgrading, factor allocation, and green transformation. The “element embedding mode” incorporates key development elements of new quality productive forces as significant audit items into existing audit activities, such as budget execution audit, policy tracking audit, and economic responsibility audit. In practice, the selection of modes should comprehensively consider factors such as audit objectives, audit resources, development stage, and risk areas, allowing for the flexible adoption of either a single mode or a combination of modes.Thirdly, it clarifies the core mechanisms for the pathway through which audit oversight empowers the development of new quality productive forces. The constraint mechanism focuses on forging a highly professionalized audit corps. By strengthening professional competence and ethical conduct, it consolidates the defense line of economic supervision and provides a solid guarantee for development. The inclusiveness mechanism strives to improve the long-term mechanism for audit rectification. While seriously correcting errors, it scientifically establishes a fault-tolerance space to stimulate innovation vitality and balances the rigidity of supervision and the resilience of development. The transformation mechanism aims at promoting in-depth integration and positive interaction between the theory and practice of new productive forces auditing. It effectively transforms the experiences and problems identified in audit into theoretical guidance and practical optimization, driving the continuous improvement of the new productive forces audit system.
2025 Vol. 55 (7): 145-156 [Abstract] ( 8 ) [HTML 1KB] [PDF 688KB] ( 17 )
157 Yang Xiao, Tian Yan
Legislation to Protect Intangible Cultural Heritage Product with Geographical Indication Hot!
Intangible Cultural Heritage (ICH) encapsulates the unique historical memories, spiritual values, thought processes, and imaginative powers of the Chinese nation, serving as a pivotal expression of its traditional culture. Concurrently, Geographical Indications (GIs) function as vital markers of cultural heritage within specific regions, and are integral to the framework of intellectual property rights. Both ICH and GIs share attributes such as collective public rights, regional specificity, and indefinite continuity. These features not only encapsulate the distinctive values of ICH across various regions but also stand as crucial carriers of China’s exemplary traditional culture. This provides a conducive environment across natural, social, and organizational dimensions for the legislative protection of “ICH GI products”. However, the protection legislation and its practice for ICH GI products encounter various challenges, including issues related to the overlap and integration of GIs with ICH attributes, the scope of protection, and conflicts with trademarks. These challenges may impact the effectiveness of the protection granted to ICH GI products.Drawing inspiration from the European Union’s approach and leveraging experiences from its establishment of international frameworks for GI registration and protection (such as the Lisbon System), this approach includes recognizing specific GIs, fostering cultural heritage in agriculture, crafts, and industry, ensuring consumer access to reliable information related to these products, and setting up specialized protection legislation for craft products. In response, China has initially included a dedicated chapter in the “Geographical Indications Regulations” that not only adopts GI protection for traditional crafts but also preserves the associated cultural elements. Furthermore, a distinct administrative regulation for traditional crafts GIs has been created, focusing on addressing the practical challenges faced by traditional crafts and GIs development. This regulation standardizes procedures such as applications and protection, thus providing a systematic support framework for traditional crafts to pursue GI protection pathways. Lastly, under the guiding principle of “coordinated regional development”, enhanced collaboration among various ICH entities at different levels is promoted, alongside maximizing the roles of ICH industry associations. This implementation of cross-level and cross-regional collaborations on traditional craft projects and joint GI applications effectively enhances the protection of ICH GI products.In conclusion, ICH GI products, by virtue of their inherent characteristics related to natural conditions, social contexts, and organizational structures, embody a synergistic blend of ICH and GIs, creating a coherent and rational method of protection. Despite the presence of controversies, this method has emerged as a significant pathway for protection in practice. This research on the legislative protection of ICH GI products, focusing on background, foundational conditions, challenges, best practices, and solutions, ultimately aims at achieving legal protection and judicious use of intangible cultural heritage resources. This endeavor not only aligns with the imperative of preserving China’s distinguished traditional culture but also supports the enrichment of global cultural diversity.
2025 Vol. 55 (7): 157-168 [Abstract] ( 7 ) [HTML 1KB] [PDF 706KB] ( 16 )
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