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JOURNAL OF ZHEJIANG UNIVERSITY 2013 Vol.43 Number 2
2013, Vol.43 Num.2
Online: 2013-03-10

Article
 
Article
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2013 Vol. 43 (2): 1-4 [Abstract] ( 1014 ) [HTML 1KB] [PDF 228KB] ( 1029 )
5 Chen Guoquan Mao Yimin
Corruption Fission: A Social Exchange Analysis

The form of corruption evolves in the continuous games with anti-corruption. With the change of institutional environment caused by corruption, a salient symptom of corruption in current China is its fission: corruption spreads from individuals to groups and then to the whole organization, from lower-level administrators to higher-level leaders according to the managerial logic. In essence, corruption fission is an on-going process during which the corrupt actors produce and reproduce the corruption networks by committing illegal interest exchanges. This article develops a social exchange analysis to this phenomenon and attempts to answer two basic questions: why and how corruption in China takes on a form of fission. Social exchange theory integrates and complements to some extent the rational choice perspective, the organizational institutional perspective and the social network perspective, providing a relatively complete theoretical framework to explain the dynamics and tactics underpinning the corruption fission. Two main dynamics have been identified, namely the internal dynamic and the external dynamic. Specifically, the internal dynamic, regarding the corrupt actors as the fission initiators, demonstrates that they tend to embed themselves into the multi-level corruption networks by seeking for the cover-up and assimilating the immediate colleagues, so as to establish offensive and defensive alliances to make their illegal exchange safer. By contrast, the external dynamic, seeing the corrupt actors as the diffusion receivers, indicates that those who are embedded in the family or acquaintance networks and restricted by the ethical norms of quanzi, e.g. responsibility and renqing, tend to adopt a view of exceptionalism to maintain and expand the improper interest of the quanzi members. To realise the corruption fission, however, it also needs multiple tactics to effectively couple the above two dynamics. The corrupt actors adopt differing exchange tactics based on the stage characteristics of the corruption fission. The corruption fission consists of four stages, i.e. choosing the exchange actors, investing in the exchange relationship, balancing the exchange power and finally establishing the exchange order. Therefore, corrupt actors choose the corrupt exchange parties through risk assessment and tentative social exchange tactics, enter into the “my family” quanzi through simulant-intimate and service penetration tactics and enhance the awareness of interest community through coexistence tactics. A corrupt exchange order is the result of the comprehensive use of those tactics. This micro social order generates self-support norms and logics, which, in turn, facilitate the institutionalization of the corruption fission. To curb the corruption fission in China, it requires integrated measures. Firstly, it hinges on the perfection of the power restriction and supervision system that aims to avoid overconcentration of power and secure the publicity of decision-making. Secondly, we must enhance the corruption cost and implement the consistent punishments on the briber and bribee. Thirdly, the rule of law should be promoted to prevent the permeation of kinship and renqing to the public power area.

2013 Vol. 43 (2): 5-13 [Abstract] ( 1289 ) [HTML 1KB] [PDF 1238KB] ( 2437 )
14 Zhao Jun Lü Chenglong
Implications of FCPA Jurisdiction's Expansion:China's Pathfrom the Perspective of Incrementalism

Economic globalization has connected different countries in their rule of law . Corruption has likewise exceeded the boundary of a country ,and taken on a global nature . Anti-corruption is intertwined with multiple concerns such as economic ,political and cultural issues and finds no easy and simple solution . The prisoner,s dilemma further explains the difficulty in the coordinated action between countries .Following the approach of incrementalism , the Foreign Corrupt Practices Act (FCPA ) of the United States has initiated the global governance in anti-corruption efforts . China,s integration into the globalization process has brought it into closer relation with global governance . FCPA exerts its impact not only by exercising jurisdiction over foreign private issuers and non-resident enterprises in the U .S .,but also by expanding its jurisdiction as proposed by the theory of proxy and conspiracy .This has significant impact on the Chinese government and Chinese enterprises . Through empirical deconstruction of a series of cases related to TSKJ ,we can clearly see that with the development of the U .S .judicial practice ,FCPA has been moving beyond traditional territorial jurisdiction and personal jurisdiction ,which may cause conflicts over jurisdiction .In view of this ,it is imperative to reflect on how to solve the conflicts and coordinate the sovereignty issues between countries to finally facilitate the efforts in tackling corruption . In essence ,preventing international corruption requires collective action .The difficulty in taking collective action and the prisoner,s dilemma show that in the complex international economic and political context ,it is very difficult to form a universally effective and coercive international convention in fighting against transnational bribery .The failure to directly reach an international anti-corruption agreement makes incrementalism a second-best but workable choice , and the unilateral measures of each country become the key to promoting incrementalism .In spite of the challenges that the expanding jurisdiction of FCPA has posed to the other countries, sovereignty ,FCPA has provided a new approach to fighting resolutely and powerfully against global corruption by making up for the current lack of an effective agreement of the international community to crack down on any firm that bribes foreign officials . With the incrementalist approach ,FCPA has become a stepping stone ,easing the way to its ultimate goal by directing anti-corruption efforts towards global governance . Faced with FCPA,s growing expansion of overseas jurisdiction and its increasing international recognition , China should actively construct effective regulatory mechanisms , improve its relevant legislations , strengthen the implementation of effective regulations on commercial activities (in particular ,China needs to strengthen the punishment on the foreign companies, bribery in China as well as on the Chinese companies, bribery overseas) ,and actively participate in transnational cooperation in fighting against corruption to better protect China,s sovereignty and interests , and to contribute to the development of global governance and international rule of law .Chinese enterprises should also react positively in order not to get involved in FCPA jurisdiction ,and in this way to realize further development globally .

2013 Vol. 43 (2): 14-31 [Abstract] ( 1300 ) [HTML 1KB] [PDF 1698KB] ( 4037 )
32 Yang Liuyong Zhang Jingjing
Global and Regional Systematic Risk Measurement and China’s Overseas Investment:Sample of China‘s Main Overseas Destinations of Outward Investment

With the deepening of global economic integration , the relationships between thecountries all over the world have become closer and the impact of systematic risk from the globalmarket on individual countries goes up .Therefore ,research on the risk of investment destinationmust involve an assessment of global systematic risk .At the same time ,with the depth ofregional integration , for example the use of a single currency and close cooperation amongEuropean countries , countries with close geographic or economic connections also share acommon regional systematic risk .In the study of the risk of overseas investment ,systematic riskmust be distinguished from the idiosyncratic risk of the destination .The existing research on theoverseas investment risk at the country level mainly focused on the analysis of″country risk .″Using a modified Akdogan international risk decomposition model ,the overall risk of China,soverseas investment is differentiated into global systematic risks ,regional systematic risks ,andunsystematic risks .The main findings are reviewed below .(1) The overall risk was significantly lower in Europe ,North America ,and Oceania than inother regions ,owing to the relatively small economic fluctuations in those mature economies .Bycontrast ,Asia and South America bore higher overall risk .The emerging countries and regions inthese regions had higher economic fluctuations ,which may explain the high overall risk .(2) The proportion of global systematic risk in the overall risk was significantly high in thedeveloped countries of Europe , reflecting these countries close ties to global economicfluctuations .From the perspective of country-specific characteristics ,small and open countriesand areas were more vulnerable to the impact of global systematic risk .The United Kingdom ,South Africa , and Luxembourg , where China had large investments , had particularly highproportions of global systematic risk . High attention should be paid to these countries . Inaddition ,North American and Oceania countries also have high proportion of global systematicrisks .(3) Regional systematic risks were higher in Asia ,Europe ,and some countries of Americaand Oceania ,which were the most important destinations of China,s overseas investment .Specialattention should be paid to Indonesia , Korea , Mongolia , Pakistan , Australia , Germany ,Luxembourg ,the United Kingdom ,and Canada ,which had relatively high investment volumes ofChinese investment but high regional systematic risks .Thus it is advised that investors couldincrease investment to South America to diversify regional systematic risk .(4) The proportion of idiosyncratic risk was remarkably high in African countries .Chinainvested in a number of African countries but for each country the volume of investment was low .In this way the idiosyncratic risk had been effectively diversified .This investing strategy shouldbe continued .This paper differs from the existing research in that the latter only focused on the risks ofoverseas investment in a single country or area while this study has analyzed the risks of overseasinvestment from the perspective of systematic and unsystematic risk based on the sample ofChina,s main OFDI targets .To some extent ,this paper has filled in a gap in this research area ,and has provided reference for Chinese overseas investment from the viewpoint of systematic riskprevention .Moreover ,the conclusion made by this study on the countries with high systematicrisk is different from the previous literature and it reflects better the closely connected moderninternational market .The limitation of this paper is that this study hypothesize that the levels of systematic andunsystematic risk do not change during the time range of our research .Future research can usemonthly data to measure the risk of the sample countries (areas) year by year and investigate thetrends of the risk changes across time .

2013 Vol. 43 (2): 32-43 [Abstract] ( 1157 ) [HTML 1KB] [PDF 1268KB] ( 1649 )
44 Shen Manhong Zhang Bingbing
A Review of the Transaction Cost Theory

The concept of transaction cost introduced by Ronald Coase has become the core of the New Institutional Economics .It not only provides a new perspective for the analysis of general economic theory ,but also has strong explanatory power for the practical economic phenomenon , in the transition countries in particular .Transaction Cost Theory (TCT) has become a hotspot in economics and related disciplines .A comprehensive summary and review on TCT will contribute to its further development . The ideas of″transaction″ by Aristotle and Commons ,and″transaction incurred costs″ by Gounod and Marx are the ideological origins of the concept of″transaction cost .″ The proposal term of″transaction cost″ is a great challenge to the neoclassical economics that treats the enterprise as a″black box .″ Today ,the transaction cost theory is widely used to explain a number of different behaviors and it attracts increasing attentions in both academic researches and policymaking . Various broad definitions of the phrase″transaction cost″ are used in literature from different viewpoints .This paper clarifies them as transaction division ,transaction contract ,transaction dimension ,institutional cost and transaction behavior . A comparison and summary of these viewpoints outlines an overall picture from different angles and enhances the understanding of TCT .Transaction costs consist of five major components : searching cost ,negotiating cost , contracting cost ,monitoring cost and enforcement cost .In addition ,we distinguish the concept of the″transaction cost″ from the″production cost″ and″circulation cost .″ The measurement of transaction cost is critical at the empirical level .Arguably ,there is no consistent approach to measure the exact value .For most macro analysis ,transaction cost is overestimated and this bias shows increasing trend over time .The assessment for transaction cost at a micro-level mainly focuses on some specific sectors/firms .The evaluation on public sector is relatively rare .However ,most studies exhibit a high proportion of the transaction cost in total costs ,which call for the importance to cut the transaction cost . TCT promotes the development of the state theory ,industry theory and the theory of firms .Also it provides a solid foundation to test the reliability and robustness of these theories .As the core of the New Institutional Economics ,TCT is expected to yield innovative outcome in multidisciplines ,such as the technique development of the measurement of transaction cost ,the application of TCT on transition countries ,the policy implication and guidance for China,s reform and so on .In a word ,the development of TCT is worthwhile and requires further in-depth inputs .

2013 Vol. 43 (2): 44-58 [Abstract] ( 1612 ) [HTML 1KB] [PDF 1017KB] ( 4910 )
59 Jin Xuejun Zhong Yi
A Study of the Impact of Exchange Rate Fluctuations on theTransmission Mechanism of Financial Stability

Since the 1970s ,there have been frequent financial crises ,and as a result ,financial instability has become a normal state .These crises have caused huge damage to the real economy , which draws increasing attention from both theorists and practitioners . To know about the impact of the transmission mechanism of exchange rate fluctuations on financial stability would facilitate a better understanding of the sources of macro-economic instability . This paper constructs a hypothesis that exchange rate fluctuation affects financial stability through trade , capital flow and asset price .It also presents an empirical analysis of the relationship between exchange rate fluctuation and financial stability by employing the PVAR model for the panel data of 30 countries . The empirical result suggests that :(1) There is no significant interaction between exchange rate fluctuation and financial stability .The weak link between the two ,however ,becomes much stronger when other participating variables are added .It is clear that exchange rate fluctuation exerts it impact through trade ,capital flow and asset price ,negatively affecting financial stability through trade ,and positively affecting it through capital flow and asset price .Meanwhile ,the combined impact of these three channels is greater than any single interaction with financial stability .(2) The results of both impulse response function and variance decomposition suggest that the capital flow channel and asset price channel are stronger than trade ,while exchange rate fluctuation has the least contribution to financial stability .This again demonstrates that exchange rate fluctuation has no evident direct impact on financial stability . This paper has two main implications :(1) Governments need to strengthen their supervision on capital flows ,especially short-term capital flows in order to encourage long-term industrial capital inflow and to inhibit the inflow of hot money .(2) Governments should be careful about the pace of opening capital account so as to prevent exchange rate fluctuation from affecting domestic financial stability through the capital channel . Due to the unavailability of more data ,this paper has the disadvantage of limited sample countries and short time span .Moreover ,those sample countries are mainly developed ones ,The inadequate sampling of developing countries may lead to an inadequate overall conclusion . Conclusions of more universal importance are expected with improved quantitative methods and updated data .

2013 Vol. 43 (2): 59-73 [Abstract] ( 1479 ) [HTML 1KB] [PDF 1021KB] ( 6736 )
74 Lu Qunxing
Invisible Legislators: The Function and the Legitimacy Problem of Legislative Staff in Legislation in China

Due to the dominant impact of normative method and occasional excellent performance of the legislators ,the actual role and function of legislative staff is neglected by the academic and officials for a long time ,the problem of which further results in the misunderstanding of the true process of legislation in China . Therefore , this dissertation tries to revaluate the role of legislative staff , dissipates the myth that the laws in China are drafted and legislated independently by legislators ,describes the true process of legislation in China and explains the true role of legislative staff as invisible legislators . Invisible legislators refer to legislative staff that are different from legislators and are not considered as legislators according to traditional normative theory of legislation but can have great impact on and even have dominance in the structure ,content and agenda of the drafting of law .In china ,invisible legislators could to beyond the legislative staff in People,s Congress to include legal staffs in administrative agencies . However , by the criteria of orthodoxy , flexibility , criticality and finality ,legislative staff in the Legislative Affairs Commission of People,s Congress at all levels should be the representative type of invisible legislators and thus they are the main object of our discussion . The emergence of invisible legislators is attributed to some universals found in all legislative bodies all around the world and some specifical principles found only in People,s Congress in China .As to the former ,the transition from the legislative staff to invisible legislators is based on the demand for the professional skill of legislative staff in the process of legislation .As to the latter ,the establishment of the Legislative Affairs Commission contributes to the transition . Additionally ,China characteristic uniform review procedure which requires that all drafts of law should be reviewed by Law Commission ,the co-office of the Legislative Affairs Commission and Law Commission , and dual identity of some legislative staff as legislators , all provide the mechanism of the expansion of the impact of legislative staff and make the transition from legislative staff to invisible legislators possible . The impact of legislative staff on the legislation does not run through the entire process of legislation but instead is confined to four fields ,that is ,the making of legislative plan which decides which drafts of law will enter the process of legislation , the drafting of law which determines the content of law ,the review of the draft of law which decides whether different opinions will be accepted or not and the interpretation of law which l determines how to understand the original intent of legislators . The four fields mentioned above are usually neglected by traditional theory of legislation in China but are the de f acto engine of legislation in China and provide the space for the expansion of invisible power for invisible legislators . The de f acto dominance of the invisible legislators on the legislation in China arouses questions and challenges .From the point of democracy ,as assistants to legislators ,legislative staff have adverse control on the legislators and decrease the democracy of legislation .From the point of technique ,occasionally ,some legislative staffs don,t have enough professional skills . From the point of virtue ,it is possible that the legislative staff will be captured by moral hazard risk . In recognition of unique political and law system in China , technical reforms are more realistic and more operational than radical political transformation .One possible reform is to strengthen the supervision of the legislative staff though strengthening the duty of argument of legislative staff in legislation .The other reform is to establish amicus curiae in legislation in order to realize the balance of information between legislators and legislative staff .In the end ,diligent and discernible legislators ,and professional and responsible legislative staff should cooperate with each other efficiently .

2013 Vol. 43 (2): 74-89 [Abstract] ( 1593 ) [HTML 1KB] [PDF 1102KB] ( 2520 )
90 Lin Jinsong
On the System of Investigating the Cause of Death Occurring

In recent years ,a series of abnormal death incidents that occurred at the places of custody like detention houses have caused widespread concerns ,among which the″hide-and-seek game″ incident is a typical one .These disputed incidents are not only seriously undermining the credibility of the law enforcement agencies and the steady situation of our country ,but also blocking the progress of the law enforcement activities of custody authorities and hindering the realization of human rights protection .The place of custody has a characteristic of″public authority depriving or restricting citizens, personal freedom .″ Such a feature makes the causes of death occurring at the place of custody dispute-prone . Therefore ,it is necessary to establish an excellent investigating system of the cause of death occurring at the place of custody in order to prevent and solve disputes ,which will improve the situation of law enforcement of the custody authorities and protect the legal rights of people in custody . There are many obvious defects in the existing system of our country .First ,the objects of the cause of death investigation are not integrated .There are no relevant legal provisions on investigating the causes of deaths that occur at other custody places like detention houses managed by administrative organs ,temporary custody places or interrogating rooms set up by investigation organs ,houses of compulsory detoxification and″double-provision″ places of the CPC Discipline Inspection Commission . Second ,the classification of investigation is unscientific .The provisions which classify the causes of death into death from disease and abnormal death ,and accordingly adopt two different methods of investigation ,have huge hidden system loopholes .This classification neglects the legal responsibilities behind the causes of death ,violates the basic logic of incident investigation ,and provides convenience for the subject of custody to avoid responsibility . Third , this system lacks specific procedures of investigation .For instance ,both the provisions on the duty of custody authority and those of the right of the deceased,s relatives are inadequate .Besides ,the investigation measure is too simple ,and the contents and legal effects of the investigation conclusions are ambiguous . From a global perspective ,the systems of investigating the cause of death can be classified into two modes :the independent mode (the coroner system) which exists in the common law system countries and the subsidiary mode in the continental law system countries .The present Chinese system can be regarded as a quasi-independent mode .According to its specific situation ,the Chinese system should be reconstructed by referring to the independent mode of common law system countries so that it will be available to realize not only the impartiality of investigation process , but also the sufficiency and efficiency of investigation measure ,and the reasonability of investigation conclusion .The main contents of the system reconstruction should be as follows :provide the procuratorate with integrated power to investigate the causes of deaths occurring at all custody places;establish the rule of mandatory investigation ,which means ,no matter what the causes of death may be ,all death incidents occurring at custody places must be investigated by the procuratorate;strengthen the measures of investigation;increase the coordinating responsibilities of the custody authority;expand the rights of the deceased,s relatives to participate in the investigation process;make the contents of investigation conclusion definite;and limit the effect of the investigation conclusion .It is especially necessary to point out that the investigation conclusion about the cause of death only has the effect to negate the existence of legal responsibility , but not to affirm or investigate legal responsibility . Therefore , the process of investigating the cause of death must be connected reasonably with other legal responsibility investigating processes .

2013 Vol. 43 (2): 90-99 [Abstract] ( 1015 ) [HTML 1KB] [PDF 964KB] ( 1433 )
100 Jin Weifeng
On Compensation for the State-owned Land Use Right in Housing Expropriation

This paper is focused on the related provisions of the Regulation on Expropriation and Compensation of Houses on State-owned Land .According to Article 13(3) of the Regulation , the state-owned land use right shall be taken back at the same time when the house is legally expropriated .However ,the Regulation has stipulated the taking back of state-owned land use right in housing expropriation without any clear stipulation on the compensation for the advance withdrawal .Although factors such as geographic location should be taken into account when the house is assessed ,in fact there is no such value assessment specifically aimed at the state-owned land use rights .When it comes to the state-owned land other than the land for houses ,it is even harder for owners to get the market price compensation .Apparently ,it is neither in conformity with the principle of justice ,nor conducive to protect the legitimate rights of the owners .It is , undoubtedly ,an urgent problem whether compensation should be offered and how to carry it out when the house is legally expropriated and meanwhile the state-owned land use right is taken back . First ,based on the problems raised ,the paper analyses the effect of housing expropriation when the use right of state-owned land is taken back ahead of schedule .According to the law , state-owned land is not an object to be expropriated ,but the necessary conditions of taking back the land use right like″the public needs″ and″compensation″ are substantially the same as expropriation ahead of schedule ,and their legal effects are similar to expropriation .Therefore , taking back the state-owned land use right ahead of schedule in housing expropriation is in essence the expropriation of property right .The compensation system of property collection , which has been stipulated in the Constitution of the People,s Republic of China and relevant laws , has not only its constitutional grounds ,but also specific legal basis . This paper discusses the scope and standard of compensation for the state-owned land use right in housing expropriation . It is explicitly proposed that the investor,s investment and development interests and the expected future value of his/her land should be included in the scope of compensation in addition to the refund of the remaining life of his/her land use right when the state-owned land use right is taken back ahead of schedule in housing expropriation . The three kinds of compensation are independent of one another ,and comprehensive and unified regulation needs to be formulated to determine the scope of compensation . As for the standard of compensation , the paper proposes that : first of all , a separate assessment system should be established ,that is ,the assessment of house ownership and that of the land use right should be separated so that the ownership of house and that of land use right can be assessed ,calculated and compensated separately;second ,the formulation of compensation standard should be based on the different ways that to state-owned land use rights is acquired , namely ,ways of selling and ways of allocation .For land selling ,factors such as land use , geographic location ,and remaining land-lease period should be taken into account to determine the compensation standard .For land allocation ,factors like land development cost paid by land users should be considered .In addition ,whether the land development cost is paid or not ,it is necessary to establish the benefit-sharing system for the value-added part of the land .

2013 Vol. 43 (2): 100-107 [Abstract] ( 1263 ) [HTML 1KB] [PDF 949KB] ( 2748 )
108 Ye Jiyuan
Quality and Innovativeness in the Evaluation of Academic Journals

Academic journal is an important medium of research publication and academic exchange .The academic journal evaluation system in China has been initially established ,but quality and innovativeness evaluations are still weak .There are profound socio-economic ,cultural ,administrative reasons for this problem ,which have caused negative impact on the value orientation of scholars and their research behavior ,affected the objectivity and impartiality of academic evaluation ,and undermined the cleanness and pureness of the academia . Scholars of the humanities and social sciences and library and information science experts have already reached a consensus that academic evaluation in the humanities and social sciences should be more diverse ,localized and content-based ,and there should be quality and innovativeness evaluations .In the past dozen years ,academic journal evaluation is mainly quantitative and formal ,but now more emphasis should be placed on content evaluation and innovativeness evaluation to create a fair and free environment for academic journal evaluation . On the premise of maintaining the reasonable elements in the existing academic journal evaluation system ,this article proposes a combination of three new concepts including formal evaluation ,content evaluation and effectiveness evaluation ,and puts forward a new evaluation method integrating peer- review and bibliometric evaluation .The proposed combination of the three new concepts would be able to explain the history and the current situation of journal evaluation ,and also predict its future .The aim of the new thinking and the approach to realize it is to overcome the institutional obstacles that hinder the healthy development of academic evaluation ,to establish a fair and rational academic environment for scholars ,and to create an open and constructive academic environment in the future .

2013 Vol. 43 (2): 108-117 [Abstract] ( 3036 ) [HTML 1KB] [PDF 1023KB] ( 2534 )
118 Su Gengxin
A Brief Review of Sixty Years of Bronte Criticism in PRC

Like foreign literary studies in China in general ,Bronte criticism went through two major stages during the first sixty years of the PRC .Studies done prior to 1978 were guided chiefly by politically motivated excess of attention to class struggle while those after appear less ideologically inflected .Western-style ,highly professional criticism of the Brontes, works ,however ,did not appear until the 1990s .These changes notwithstanding ,Chinese scholarship on the Brontes is consistently characterized by a preference for the novels at the expense of the poetry ,a preoccupation with major works ,and the relative lack of interest in Anne Bronte . Research on Charlotte Bronte during the 1949 1978 period focused primarily on her major novel , Jane Eyre ,whose love theme was treated by Chinese scholars as a form of class struggle .Hailed for its critical description of the″depravity″ of the wealthy ,the novel was blamed nevertheless for its failure to propose a viable alternative to capitalism .The value of criticism in the 1980s remained limited by the inertia of this mindset and by the superficiality of the analysis whenever it managed to escape it .Criticism after the 1990s branched into several larger trends ,which included character analysis ,especially that of Bertha Mason and her relation to Jane Eyre ,gender/class analysis ,archetypal criticism ,post-colonial studies and comparative studies .There was an increasingly perceptible attempt at originality among many critics although some ended up hunting for mere novelty .One handy example is an article that argues the androgynous nature of Jane Eyre ,which condition ,according to the critic ,allows her to achieve gender equality otherwise off limits to women .For the same reason ,Chinese critics may turn even more radical than liberal intellectuals in the West ,as in the contention that Jane,s elevated status is a questionable one built on the foundation of the imprisonment of Rochester,s Creole wife and slavery in the Caribbean,s . Not surprisingly ,many are critical of the novel,s ending ,which they believe to be a concession to Victorian ideology .Mainstream criticism ,nonetheless ,closely follows the lead of Western academia ,and is deeply influenced by the works of such critics as Riche ,Eagleton ,Gilbert and Gubar .Charlotte,s other works have received scant attention ,and often in a comparative context whenever they do . Much of what has been said about the scholarship on Charlotte Bronte applies to that of Emily Bronte .Studies on the latter,s works tend to focus on her only novel Wuthering Heights ,showing little interest in her no-less-valuable poetic output .As it is with her sister,s works ,political changes in China also produced a visible impact on Emily Bronte research ,as pre-1978 preoccupation with(class) revenge theme gave way to a diversity of interpretative approaches that blossomed in the 1990s and after .Socio- historical studies ,archetypal criticism ,narratological and comparative analyses represent the dominant interpretative approaches to this novel ,with the surprising near absence of attention to gender or psychological issues .For some ,the novel is a representation of the devastating effect of capitalism on rural economy ,hence a realist masterpiece ,while for others ,the apparent alienation and the twisted personality that fill its pages are the rudiments of a modernist work .Archetypal criticism of Wuthering Heights continues to be a popular approach ,nor are its common pitfalls avoided .Meanwhile ,the novel,s non-conventional narrative style has deservedly attracted considerable critical attention to this aspect of the novel ,as it does in the West although Chinese scholars sometimes see such narrative figures as Lockwood and Nelly in ways dissimilar to Western criticism .But what really sets Chinese critics apart from their Western colleagues in this field is the all but total absence of research done on the Romantic impulses that throb under the textual surface of this novel .Such indifference is apparently symptomatic of the age-old ideologically-based preference for realism in the Chinese academia . One last distinguishing feature of Chinese scholarship on the Brontes is the prominence of comparative and archetypal criticism ,approaches that allow insights into the novels hard to obtain from other perspectives .There remains ,however ,much room for the furtherance of such studies beyond the search for and demonstration of comparability .These articles have yet to show what critical end it may serve that one finds in Jane Eyre the Cinderella archetype or that the fall theme of Paradise Lost reappears in Wuthering Heights .Amid the rush to use modern critical theories ,a number of scholars continue to make interesting readings of these works from conventional approaches .

2013 Vol. 43 (2): 118-130 [Abstract] ( 1125 ) [HTML 1KB] [PDF 1475KB] ( 2633 )
131 Wang Liya
A Historical Review of Henry James Study in China

The past decades have seen enormous efforts in China to study Henry James,s corpus , which reflects a persistent enthusiasm on this literary figure among scholars in the field of foreign literature studies .This paper looks back at studies on Henry James in different historical periods , in China and attempts to uncover the interaction between the reception of foreign classics and China,s historical background .From a heavy reliance on the″traveling theories″ in the 1980s to a selective use of Western paradigms later on ,critics of Henry James in China consistently show a general interest in his major novels and his novel theory . This paper is an historical review of studies on Henry James, works in China from the middle of twentieth century up to the present .Both the phase features of these studies and the factors which influence the formation of these features ,in particular cultural background ,are addressed in this research .Firstly ,form 1934 to 1945 ,Henry James,s works had been introduced into the literacy criticism in China by translators ,but the research at that time was constrained by the historical conditions .Secondly ,from 1949 to the 1970s ,there was very little study done regarding Henry ames .It was not until 1980,s that scholars has begun to discuss Henry James,s works from various perspectives .Henry James was originally regarded as a bourgeois writer who idealized the ruling class and neglected the working class .Influenced by the reflection on the political thinking in literature studies during the Cultural Revolution and the nation-wide revival of humanism in culture ,Henry James was interpreted as a humanistic writer who had fully explored human consciousness .However ,the aestheticism both in his novel theory and his late works was largely absent during that period .Finally ,from the 1990s onward ,Henry James has been interpreted according to various critical traditions ,such as the formalist tradition and the deconstructive tradition .

2013 Vol. 43 (2): 131-138 [Abstract] ( 1289 ) [HTML 1KB] [PDF 1159KB] ( 2449 )
139 Chu Xiaochan
Philological Explanation of 8 Words and Expressions in Shicang Contracts

Shicang Contracts mainly records all kinds of deals about lands and forests in Shicang area ,Songyang county ,Zhejiang province from the first year of Yongzheng (1723) in Qing Dynasty to the 38th year of the Republic of China (1949) ,and is seen as precious first-hand data to study the local social ,political and economic situations of that period .However ,the low literacy of the peasants who copied the contracts and their local dialect led to a large number of folk characters and dialectal words in the contracts ,which have become a source of difficulty in accurately reading and explaining the contracts . Professor Cao Shuji ,et al .,s explanations of some incomprehensible words and expressions in their collation of the Shicang contract documents were not very accurate .On the basis of the photoprints of the contracts and our collation of the characters ,together with field surveys of the local dialect and with reference to later-day contract documents in other areas of China ,the present paper explains and collates philologically the following 8 incomprehensible words and expressions in Shicang Contracts :″Bengpeng″ (崩蓬) ,″Daduan″ (达断) ,″Dai″ or″Di″(的) , ″Erbi″(二比) ,″Fangping″ (芳坪) ,″Gan″(峎) ,″Xueye″(血业) and″Liangpo″(粮迫) .This paper is expected to generate a more accurate account of these contract documents . The detailed explanations and collations are as follows : Professer Cao et al .,s explanation of″Peng″(蓬)in″Bengpeng″(崩蓬) as the variant form of ″Jiang″(降) is not correct .″Peng″(蓬)is a dialectal word in Shicang ,meaning″clump″ or″stack .″ So the meaning of″Bengpeng″ (崩蓬) is a″collapsing earth or stone stack .″ According to Professor Cao et al .,″Daduan″(达断) means″to arrive and decide .″ This explanation is not correct ,either .″Da″ (达) is the same as″Ta″ (踏) ,with″stamp″ as its original meaning and″field survey″ as its derived meaning .A lot of examples of″Ta″ (踏) used in this sense can be found in Huizhou contract documents .So″Daduan″ (达断) actually refers to″Taduan″ (踏断) ,meaning ″make judgments based on field survey .″ The word″Dai″(的) or″Di″(的)has many meanings and usages in Shicang contract documents .It is used the same as″Dai″ (待) ,meaning″by the time″ in ″Daizhi″ (的至) ,as″Dai″ (代) ,meaning″substitute for″ in″的笔″ ,or as″Di″ (嫡) ,meaning″close relative″ in″Dishu″ (的叔) and in″Dizhi″ (的侄) .It is also used in the same sense as″Di″ (滴) , meaning″drop″ in″Dishui″ (的水) .The phrase″Erbi″ (二比) is not the misspelling of″Erxiang″ (二相) .Rather ,it is a more recent word in the dialect ,meaning″both sides″ as is used in the contract documents in Huizhou , Fujian and Miao Nationality of Guizhou . The expression ″Fangping″ (芳坪) is″Huangping″ (荒坪) for certain .The words with″Xiao″ initial consonant (晓母) are pronounced in the same way as″Fu″ initial consonant (敷母) in Shicang dialect .For example ,the initial consonant″h″ of″Hua″(花) and″ Hui″ (灰) in″ Huamai″ (花麦) and ″Huimian″ (灰面) are both pronounced″f″ in Shicang dialect . So″Fangping″ (芳坪) is a pronunciation variant of″Huangping″ (荒坪) in dialectal phonetics .The″Fang ″ ( ) and″Huang″ (塃) in″Fangping ″ (坪) and″Huangping″ (塃坪) are both the folk characters of″Huang″ (荒) . Professor Cao et al .,s explanation of the meaning of″Gan″(峎) is not accurate .The local people in Shicang pronounce″Gan″ (峎) as″ān ,″ which is the dialectal pronunciation of the character ″Gang″ (岗) ,meaning″mountain ridge .″ The character″岗″ (Gang) is also written as″降″ (Gang) in the contract documents of Shicang and Huizhou ,which can prove that″Gan″ (峎) is the folk character of″Gang″ (岗) .The character″Xue″ in the term″Xueye″ (血业) means″close relative″ as are exemplified by″Xuegeng″ (血耕) and″Xueshu″ (血叔) . Therefore ,″Xueye″ means ″property which the sons born of the legal wife of a man or his grandsons pass down from generation to generation .″ Cao et al .collate the second″Liang″ (粮) in″Liangshi Liangpo″ (粮食 粮迫) as″Liang″ (两) .However ,the second″Liang″ (粮) should be″grain paid as tax .″ We can find proof for this explanation in the usages of″Liang″ (粮) in other regional contract documents .

2013 Vol. 43 (2): 139-146 [Abstract] ( 1145 ) [HTML 1KB] [PDF 1098KB] ( 1868 )
147 Gao Like
The Paradox of Yan Fu,s View on Freedom

Yan Fu,s concept of Western civilization ,which took the freedom as fundamentality , reveals the core value of Western modernity and goes beyond the culture views of the reformists and the advocates of the westernization movement .He interpreted liberty into″the boundary between single person and group,s rights ,″ which grasped the essence of Muller,s freedom theory and uncovered the profound differences between Chinese and western view of freedom . He distinguished the natural liberty ,which was″free of the constraint of nonego ,″ and″the freedom under the law ,″ namely civil liberties .And he explored the profound paradox between these two : Freedom and management are opposite ,freedom is the highest happiness , but to make the majority of people enjoy the greatest happiness in a society ,freedom and management must implement each other .The focus of Yan Fu was the balance of freedom and order . Yan Fu,s view of freedom reflected the complexity of his political thoughts .When he was thinking about the freedom problem with respect to the evolution of human and British civilization ,he usually recognized the universal value of individualism like a liberalist .However , when it came back to the freedom problem in Chinese context ,he sometimes expressed the tendencies that group,s rights were higher than single person,s ,or both could be conciliated . These tendencies showed the profound influence of the Confucian tradition and nationalism . From the geographical perspective ,Yan Fu ascribed the freedom of American and Britain to the island geographical character ,and the despotism tradition of France and Germany to the mainland . His historical perspective of freedom was deeply affected by Montesquieu and Muller ,both of who had emphasized the relativity of geographical environment and freedom ,and regarded the national security as the premise condition for freedom . Yan Fu took the state security and national level as the two primary prerequisites for freedom ,and this was the basic logic of his thinking on Chinese freedom . Yan Fu realized the difference of Anglo-American,s laissez-faire model and Prussia,s interference pattern .Anglo-American had become rich and then strong ,so they attached much more importance to laissez-faire and freedom .But Germany had been on the other way round , which thought much of interference and was lack of freedom .Therefore ,freedom should be at the right place and right time . The intricacy of Yan Fu,s thought lies in the fact that he admitted the freedom is both intrinsic value of the humanity and the instrument for the prosperity of country .Nonetheless ,his view on the historical specialty of freedom and its instrumentality and value specially demonstrates the complexity and richness of his thought .His paradox of liberty would rather be a problem of universality and particularity than that of states and individuals .He found out how the western wealth and power had benefited from liberation ,which China could not replicate . Under the context of his time ,in order to rescue China from domestic troubles and foreign invasions ,Yan Fu had to pursue the freedom of state instead of individual one .Eternal truth was always paradoxical .It is maybe the paradox that makes Yan Fu,s view on freedom especially attractive .

2013 Vol. 43 (2): 147-159 [Abstract] ( 1574 ) [HTML 1KB] [PDF 993KB] ( 4481 )
160 Fan Yun
Jean-Jacques Rousseau as″an Approach″ :The Rousseau Study in Modern China

The introduction of the French Enlightenment thinker Jean-Jacques Rousseau in China can be traced back to one century ago .The embracement of Rousseau,s works in the Chinese academia does not entail crystal comprehension of his thoughts .On the contrary ,many scholars hold the opinion that our understanding of Rousseau has just initiated .This comment resonates with the fact that the research on Rousseau is commonly treated as an approach in tackling social problems in China :understanding Rousseau has been narrowed down to the means ,other than the end in our studies .In this sense ,to reinvestigate and evaluate Rousseau as″an approach″ in academic history is therefore a reflection on″ reading the West″ in the one hundred years, dissemination of Western knowledge to the Orient . There are several observable traits in the Chinese academia,s studies on Rousseau :first and foremost is the spatio-temporal dislocation of the authentic Rousseau .Our reception of Rousseau took place with a backdrop of political enlightenment , which necessitated and justified the oversimplification of his ideas for practical needs :the anti-enlightenment dimension in his thought has been left out for a long time .Secondly ,the translation of Rousseau,s works in China is far from accomplished ,which obstructs thorough research of his thoughts .Thirdly ,the explanation of his thought has been partially influenced by overseas studies ,but limited research resources cannot reflect the standard level of Rousseau studies .Finally ,his thought per se is complicated , the correctly understanding of which is always a controversial topic in the Western academia . The aforementioned factors lead to the misreading of Rousseau,s thought ,and contribute to the paradigm of Rousseau as″an approach .″ As a defective researching methods ,Rousseau as″an approach″ requires careful discussion on its value rather than injudicious negation .Our studies on Rousseau in the past hundred years can be put into two forms of construction :one is a″strong form″ in which Rousseau is closer to a symbol than a system of theory ,thereby it developed a study of Rousseau without Rousseau .Another is a″weak form ,″ in which a certain viewpoint of Rousseau is overdeveloped by and brought into critiques of current problems .The latter approach is quite understandable ,considering the dispute between Kang Youwei and Liang Qichao ,the debate among Lu Xun ,Liang Shiqiu and Yu Dafu ,and the reflection on Rousseau by Gu Zhun , Wang Yuanhua and Zhu Xueqin . Rousseau,s thought has been adapted to accomplish the enlightenment project in China and tackle practical problems . The researching paradigm of Rousseau as″an approach″ deserves further investigation on multiply levels .Based on the premise of being faithful to classics ,it will be instructive and necessary to take Chinese context into account when studying Western learning .This research paradigm as an important legacy of the one-hundred-year learning of Rousseau will certainly provide inspiration for our future studies on Western learning .

2013 Vol. 43 (2): 160-168 [Abstract] ( 1256 ) [HTML 1KB] [PDF 1166KB] ( 2285 )
169 Hu Meixian
Is ″Special Intellectual Class″ Real Intellectuals ?

The gentlemen and literati possessing a sense of superiority and calling themselves ″the special intellectual class″ were excluded from intellectuals by Lu Xun. Lu Xuns criticism of the School of Modern Review was targeted at the soul of traditional scholarofficials in suit. That is, they were still acting the roles of traditional literary hangerson. In Lu Xuns eyes, real intellectuals defied authority and voiced the ideas of the common people. They were outspoken and ready to sacrifice themselves, disregarding personal gains and losses. The real intellectuals heart and body would suffer. Being the conscience of society and the carrier of social responsibility, they could never have a peace of mind. However, they would not have suffered if they had settled with the status quo, or if they had turned a deaf ear to new theories or on the contrary developed a blind faith in them.The affliction they suffered stemmed from their independent thinking and dissatisfaction with the reality. Real intellectuals dared to think and dared to act;otherwise,they were fake intellectuals. Nevertheless, Lu Xun found two drawbacks with intellectuals: one is their disconnection from the general public, and the other is their delay of action due to too much freedom in thinking. Lu Xun really doubted that ″literate classes could survive″ though he kept calling on the real and robust literate classes. Lu Xun thought that only weak intellectuals would be afraid of new ideas and he excluded all the fake intellectuals from his talk. This shows Lu Xuns conflicted attitude toward intellectuals. Basically, he acknowledged the real intellectuals and never went to the extreme of overthrowing all of them. Being an intellectual himself, Lu Xun supported the real intellectuals with sympathy and understanding, and argued against the presumptuous views of overthrowing all intellectuals. This paper takes a fresh historical perspective in order to sort out the valuable propositions and key words in the disputes. It also attempts to interpret the debate between Lu Xun and other schools advocating liberalism, like Modern Review and the New Moon School by closely at the following key words: special intellectual class, fake intellectuals, intellectual bandits (xuefei), and real intellectuals. Some of the most important issues which Lu Xun meditated on after The New Youth Movement included the way out for Chinese intellectuals, the cultural personality of modern Chinese intellectuals and their way of life.

2013 Vol. 43 (2): 169-181 [Abstract] ( 1794 ) [HTML 1KB] [PDF 1464KB] ( 1803 )
182 Liu Mingming
On Edward Sapir's Conceptcentered and Meaningbased Grammatical Analysis

Edward Sapir published Language in 1921. This book includes both the language external research, the research on the languagerelated culture, and the language internal research, the research on language concept system. In the grammatical analysis, Edward Sapir places persistent emphasis on languages social and psychological essence. This perspective is not only reflected in the popular ″SapirWhorf Hypothesis″ but also in Sapirs grammatical research. The fifth chapter Form in Language: Grammatical Concepts presents Sapirs unique grammatical analysis which is conceptcentered and meaning based. It is unique in that Sapir categorizes different language elements according to the various concepts conveyed by them, the way of which highlights the psychological and social characteristics of language. According to Sapirs grammatical theory, there are two types of concepts and of linguistic elements: radical elements expressing radical concepts and derivational elements expressing descriptive or derivational concepts. At the sentence level, there are relational elements used to express relational concepts which define the relationship among radical elements and construct the forms of proposition. Meanwhile, derivational elements define the meanings of radical elements, but they do not influence the meaning of a proposition. In the further analysis, Sapir revises his first classification by attributing radical elements and derivational elements to material content, with each corresponding to basic concepts and derivational concepts. Besides, he subdivides relational elements into concrete relational concepts modifying radical elements and pure relational concepts defining the sentence forms. Based on his analysis, Sapir categorizes various speeches in the world. He points out the basic concepts and pure relational concepts are essential to all languages, while derivational concepts and concrete relational concepts are common but not essential.  Sapirs psychological tendency in his grammatical research is affected by his teacher, Franz Boas, who claims that anthropology and psychology are indivisible. It is also influenced by Italian famous idealist philosopher Benedetto Croce. Besides, the linguistic worldview of the Germany philosopher and linguist William von Humboldt wields influence on Sapirs grammatical research as well. In spite of the fact that there is a lack of meticulous elaboration, a clear definition of the division standard for different grammar concepts, a thorough terminology, and a strong basis for some of his arguments, his wisdom manifested in his work can not be denied. And his contribution to the development of American structural linguistics, cognitive linguistics and psycholinguistics in the late 20th century cannot be neglected. However, Sapirs grammatical theory has received far less attention; therefore, through this discussion, the author hopes to reevaluate Sapirs contribution to theoretical linguistics, especially to the grammatical theory.

2013 Vol. 43 (2): 182-189 [Abstract] ( 1429 ) [HTML 1KB] [PDF 1090KB] ( 1601 )
190
Consumer Herding in Software Adoption

Herding is common in consumers in terms of decision making,especially when they are purchasing IT products. However, we are rarely aware of the behavior mechanics underlying herding phenomenon. Software product is a typical kind of IT products. Unfortunately, most users cannot make accurate assessment to the value of software independently due to insufficient knowledge of product information. In such case, herd behavior becomes quite typical in software adoption.In order to further explore the herding puzzle in software adoption, we develop a linear model which is based on Multinomial Logit Marketshare model (MNL), and which could effectively describe the three herding effectsnetwork effect, information cascade effect and wordofmouth effect. We have tested the linear model using the panel data from two different software called Compress/Uncompress Tool and Alarm Clock″ under Sina Software Download channel. Empirical results suggest: (1) Three herding mechanisms exist in software download choicenetwork effect, information cascade effect and wordofmouth effect. ″Recent DownloadsTotal Downloads″ and User Rate″ could be the three variables that represent the cause of the three effects respectively. These three variables have significant positive correlation with the market share of either ″Compress/Uncompress Tool or Alarm Clock,statistically proving the effectiveness of the three mechanisms. Information cascade effect suggests that users tend to choose popular software product to keep up with fashion trends. Network effect suggests that users tend to choose widely used software product for increment of shared value. Wordofmouth effect indicates that users are remarkably influenced by decisions of others to minimize cognitive and emotional conflicts because they believe what most people believe. (2) The rank of the importance of the three mechanisms differs in the two software products adoption. Compared with network effect and information cascade effect, wordofmouth effect plays a more significant role in influencing herd behavior. On the other hand, the influence of network effect and information cascade effect largely depends on the characteristics of software. In terms of ″Compress/Uncompress Tool,″ the network effect is more significant, a phenomenon indicating that users care more about compatibility for sake of conformity to others in a wider range when choosing software involving sharing and swapping. For ″Alarm Clock,″ the information cascade effect is more significant over network effect, a phenomenon indicating that users tend to focus on fashion trends when choosing such standalone software.  This paper extends theoretical herding research by revealing the underlying mechanism in online IT software adoption. The results give implications for designing marketing program and ecommerce website.

2013 Vol. 43 (2): 190-200 [Abstract] ( 1046 ) [HTML 1KB] [PDF 1248KB] ( 1676 )
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