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JOURNAL OF ZHEJIANG UNIVERSITY 2014 Vol.44 Number 2
2014, Vol.44 Num.2
Online: 2014-03-10

Article
 
Article
1
2014 Vol. 44 (2): 1- [Abstract] ( 286 ) [HTML 1KB] [PDF 25073KB] ( 2704 )
5 Xu Maijin Zhang Huwei
What Instructional Capabilities Should Teachers in Research Universities Possess ? --A Qualitative Study Based on Grounded Theory

The construction of world-class universities and the cultivation of first-class talents need first-class teachers,who features essentially the possession of first-class instructional capabilities .Compared to other types of universities,research universities tend to conduct teaching and foster qualified personnel through research and innovation,with disciplinary research enriching the teaching content and instructional research guiding operation . The characteristics of teachers' instructional capability are to advance students' learning quality and competences through the combination of reflection-in-action,pedagogical research and cooperative communication,which are often embodied in the forms of academic introspection of teaching and establishment of interactive instructional communities . Using a qualitative method based on grounded theory,this study has formulated a structural framework of instructional capability for teachers in research universities by virtue of connotative discussion,data collection,and coding .Methods of data collection consisted of ethnography,in-depth interview and textual analysis,and the coding process involves initial coding,focused coding and theoretical coding .The study has also demonstrated that instructional practices in research universities is a set of composite activities filled with academic issues .Instructional capability refers to a synthesis of various abilities which influences teaching efficiency of educating students' comprehensive quality and achieving their own' professional progress . Concretely,instructional capability is a spectrum of interaction among required knowledge,skills and attitudes,which is developed in the acquisition and practices of effective instruction and related activities .Teachers,who are infiltrated in 3D environments including material information,subjective psychology and social relation,interact sustainably and repeatedly with multiple elements to constantly develope and construct individual instructional capabilities .Teachers and students undergo the process of body growth and metabolism from unconsciously to consciously through the dynamically correlative immersion mechanism and realize the spiritual communication of life on the basis of experience,exploratory innovation and conversation and sharing . The structure framework is grounded in the instructional understanding and hands-on experience from teachers of research universities,with emphasis on operability as well . Particularly,it is described as the following :the first layer is three horizontal dimensions which encompass knowledge content,teaching skills and professional attitudes . As a significant presentation of teachers' inner life structure,instructional capabilities can grow with the development of knowledge content,teaching skills and professional attitudes and it is an outcome of triadic synergy of the three .The second layer is seven primary competences,namely″scholarship base,″″development and expansion of knowledge content,″″didactical reflection and research,″″organization and supervision of classroom,″″pedagogical expression and communication,″″professional ethics and tendency,″and″academic charm and personality .″The third layer is a set of behavioral manifestation covering 56 specific factors . In spite of the preliminary nature of this study,hopefully,the schema could be of application values in further perfecting institutional construction in teachers' qualification,promoting the scientific management of teachers,defining the orientation and function of teacher development organizations in universities,better adapting to the subjective demand of professionalization as well as improving the actual quality of teaching .

2014 Vol. 44 (2): 5-15 [Abstract] ( 1781 ) [HTML 1KB] [PDF 2956KB] ( 2817 )
16 Guan Changlong
On″Ritual Vessels″

Li(etiquette),the traditional life style of the Chinese people,is basically composed of three elements :Liyi (礼意)—the meaning of etiquette,Liyee (礼仪)—the rituals,ceremonies and small details of etiquette and Liqi (礼器)—the ritual vessels used in observing etiquette . Liyi refers to the practical meaning and principles for a certain kind of etiquette event,while Liyee and Liqi are respectively the choice of rituals and that of the vessels for the etiquette event . All the basic concepts mentioned above can be found in the classics of ritual studies in the early history of China . In the general articles about etiquette,Liyi and Liyee are quite clearly defined,but the record of Liqi does not match the practices of etiquette that we observe in our daily life .The latter is usually defined as the vessels used in ritual events,or in a broader sense,musical instruments,carriages and horses,costumes,even palaces,and so on,which results in a lot of confusion about the understanding of the structures and practices of rituals .However,when we read more about rituals and ceremonies,we find that the traditional concept of Liqi is different from the modern conventional definition,and has richer connotation .As is recorded in Yueji (A Record of Music in The Book of Rites) :″Fu gui zu dou,principles of the choice and exhibition of the objects,are the Liqi .″(“簠簋俎豆、制度文章,礼之器也。”) This paper will combine the developmental history of Chinese ritual studies with the field observations of contemporary anthropology and elaborate on the concept of Liqi in Chinese classics from the following three perspectives . (1) The physical objects :They include the Zhiwu (presents) to the receiver and the″packing box″for the Zhiwu during the rituals .Zhiwu,now called″present,″is not just limited to food but may also refer to music,objects,colors,performances and many other things which can guide the sender's soul,or in other words,anything that can please the receiver . (2) The institution :According to the institution of Liqi,or the basic principles and criteria for the choice of physical objects used in the rituals and ceremonies,the physical objects used in the rituals may vary in size,material,number,combination,etc .due to different purposes . (3) The presenting :It refers to the forms,structures,layout,etc .of the objects used in the ceremony .There are about three types of articles as far as the presenting forms are concerned : (a) the graphic articles appealing to the eyes are characteristic mainly of static images with decorations and colors ;(b) the sound articles pleasing to the ear refer mainly to music and other sweet sounds ;and (c) the performing arts articles,attracting both the eyes and ears,are mainly presented dynamically by dances and other artistic expressions . The articles and institution of Liqi are presented in the form of the physical objects of Liqi,forming the background of the entire Liqi so that the subjects of the ceremonies can practice the ritual events .

2014 Vol. 44 (2): 16-25 [Abstract] ( 890 ) [HTML 1KB] [PDF 2638KB] ( 2216 )
26 Zhang Kai
The Transformation of″Classical Studies and Historiography″and the Path to the Reconstruction of the System of Chinese Civilization :A Study of the Disagreements and Agreements between Fu Sinian and Meng Wentong

Fu Sinian .Fu believed that modern historiography was the study of materials,thus he paid more attention to periodization,monographic studies,and the discovery and interpretation of new materials .However,Meng tended to mix history with philosophy,and classics with historiography,so he usually based his research on traditional documents instead of the new materials which he regarded only as a kind of embellishment . Both Meng and Fu explored the path of development of Chinese civilization,and both were very cautious in applying the conceptions of western social science to Chinese culture .Fu tried to study the development of Chinese culture and the evolution of Chinese ideology from a historical perspective,focusing on″Reason of History″instead of″Reason of Rationality .″Regarding cultural heritages as materials instead of thoughts,Fu believed that historiography purported to sort out historical materials rather than to support or suppress a movement or thought .Meng,on the other hand,believed that the history of China is systematic and coherent and its development was directed by a certain rationality .He thought it impossible to understand the true spirits of Chinese history and culture without the knowledge of Confucianism and classical studies .With a special focus on the preliminary stage of Chinese culture in terms of its active forces,mutual integration and exchanges,Fu tried to examine the Confucianization of Pre-Qin thoughts in Han Dynasty,especially the moralization and mystification of″Humanity″in the hope of rebuilding the rationality of Confucianism in terms of″Zizhi″(self-control) and″Gewu″(obtaining knowledge by investigation of things) as aspired by Xun Zi and Zhu Zi . On the basis of the doctrines of Confucius and Mencius,Meng tried to find the coherence of Chinese culture and to expound ″Jinwen″in terms of its revolutionary ideals and system construction . Both Fu and Meng hoped to rebuild the origin of Chinese culture and the academic tradition on the basis of the laws of historical development and″concept and entity .″With the studies of ancient China as the form,they searched for the″truth″and consequently developed different paths to understanding the development of Chinese civilization .The rise and prosperity of the theories and doctrines of China and the West have their own backgrounds,traditions and corresponding ways of system construction .The theories and systems are tested and modified by history,while the development of history is in turn influence by theories and doctrines .Our study of how the scholars of the Republic of China reconstructed the relationship of cultural doctrines and historical facts in order to reconstruct a system of Chinese civilization is based on Fu and Meng's disagreement on historiography and classical studies .We take this as the starting point to show the world the true spirit of Chinese culture in the hope that this may ultimately realize the shift of the academic mainstream from″systemizing cultural heritage with science″to ″systemizing science with cultural heritage .″

2014 Vol. 44 (2): 26-40 [Abstract] ( 865 ) [HTML 1KB] [PDF 3339KB] ( 1705 )
41 Wei Lu Hu Yumeng
Issue Presentation in the Chinese Microblogosphere : An Empirical Study of Sina Hot Weibo

Hot Weibo is an official app offered by Sina to highlight the popular Weibo posts .It measures the hotness of posts by the number of views,forwards,comments,and compliments .The top 100 hot Weibo posts are listed by Sina every day,which concentrate on that day's most important issues and become a microcosm of online public agenda in China .Through the prism of Hot Weibo,this study asks three questions :(1) what are the dominating agenda on Weibo,(2) who set these agenda and in what ways,and (3) how are these agenda distributed on Weibo ? Results show that social and entertainment issues dominate online agenda on Hot Weibo,which indicates a convergence of public space and private space in the Chinese microblogosphere . The distribution of discursive power on Weibo mirrors the power relationship in the real society .While elite users constitute the majority of hot Weibo contributors,grassroots users do have a chance to participate in the public sphere .In some cases,those nobodies who do not have many followers can also become agenda setters on Hot Weibo because of the high value of their Weibo posts .Content is the most important factor that determines the degree of hotness of a Weibo message,whereas the form and narrative do matter in boosting Weibo appeal .This research found that more than 70% of the Hot Weibo samples have pictures,which suggests the importance of visual element in blogging .Meanwhile,as news and information can help a post become a Hot Weibo,comments and opinions can also become top Weibo posts,which is sometimes more powerful in influencing public opinion .The agenda on hot Weibo are normally trivial and divergent .Once a breaking public event happens,however,people tend to speak in one voice and a strong collective consciousness will emerge .Weibo agenda will instantly amalgamate and lead to remarkable social cohesion . However,there are still a few limitations in the study . First,the categorization of Weibo contributors and Weibo themes could further be refined .The current categorization is based on the observation of the overall samples,and the scope and levels of the classification might not be optimum . In particular,the″other″category in theme has a similar high average degree of hotness to the″social issues″category,but does not have a more accurate description .Second,the sample size is limited .Only the first five Weibo posts on the chosen days were analyzed .To increase the representativeness,future studies could utilize data mining techniques to conduct more representative surveys of Hot Weibo . Oftentimes,we hear a hubbub of voices on Weibo,but underneath such hubbub,we can always see a tendency towards consensus .There is always something that can temporarily stop people's trivial interests and private discussions,and direct people's attention to a public issue .The value of Weibo is exactly the power to build a relatively free market place of ideas in which public members determine what are the most important issues facing the society by choosing what to and what not to talk about on Weibo .Nevertheless,whether Weibo is too chaotic or too focused to serve as a better institution than traditional mass media in fostering democracy is a question we need to further consider .

2014 Vol. 44 (2): 41-52 [Abstract] ( 807 ) [HTML 1KB] [PDF 2626KB] ( 1839 )
53 Chen Mingliang Qiu Tingting Xie Ying
Scientific Construction of the Evaluation Index System for Microbloggers' Influence

The progress of the Internet and mobile Internet technology has driven the leap-forward development of new media .Microblogging has become one of the most important representatives of new media for its diverse platforms,easy information sharing and streamlined contents .On the platform of microblogging,not only can offline stars have many fans,but grassroots users can also obtain a huge fan base through their own efforts .The pattern that″everyone is a media outlet and everyone has a voice″has broken the executive monopolistic pattern of traditional media,and millions of microbloggers constitute a powerful media group,which has played a non-negligible role in spreading the news of emergency events,social events and commercial events .Considering its incomparable power,enterprises treat microblogging as an important strategic constitution of their new media marketing . However,the massive mircoblogging marketing information makes it difficult for enterprises to efficiently attract their customers' attention as the effects of mircoblogging marketing are limited . To improve the efficiency of microblogging marketing,it is essential for enterprises to make full use of the leadership effects of those highly influential microbloggers .In the pattern of grassroots media,how to scientifically assess every microblogger's impact so as to identify the highly influential microbloggers has thus become the key to the success of microblogging marketing . Based on the formation theory of media influence,and by means of theoretical screening and the three-step empirical screening of membership analysis,correlation analysis and discernment analysis,the evaluation index system of microbloggers' influence is proposed with eight indices,such as″microblogging time″to measure the microblogger's online participation,″the number of original microblogs″to measure the microblogger's creativity and enthusiasm,″the miceoblogger's reputation in his/her own field″to assess the credibility of sources,and″sharing frequency″to evaluate fan involvement .The index system covers the whole process of the formation of media influence from contact,to cognition,to persuasion and to secondary transmission,with not only the outcome indicator mirroring microbloggers' influence,but also the cause indicator leading to their influence .Therefore,the system can measure the leading microbloggers' influence more objectively and scientifically . The evaluation index system of media influence can be a useful frame for us to measure the influence of new media such as microblogging,twitter and WeChat,and can also be benefitial reference for the comprehensive influence evaluation of multiple new media .Therefore,the evaluation system of media influence and the selection method of specific indicators discussed in this study can be extended to the whole field of new media to construct influence evaluation index systems of a single new media such as twitter and WeChat,and a comprehensive evaluation index system of the whole new media .

2014 Vol. 44 (2): 53-63 [Abstract] ( 1900 ) [HTML 1KB] [PDF 2128KB] ( 3827 )
64 Wu Xiao bo Yao Mingming Wu Zhaohui Wu Dong
The Classification of Business Model from the Value Network Perspective : Evidence from the Modern Service Industry

With the blurring of the boundary among industries and with the integration of the traditional manufacturing and the modern service industries,the traditional research of business models has been shifted from the value chain to the trans-industry value network .From the perspective of value network,the business models in different companies have fundamentally changed .Lots of new business models are emerging,of which the modern service industry is the most prominent one .This article focuses on a type of business model research from the new perspective .First of all,it builds an analytical framework of business models from the value network perspective . This analytical framework consists of four elements and seven sub-elements .The four elements are value proposition,value creation,value capture and value realization . The seven sub-elements are value proposition,customer interface,market infrastructure configuration,governance model,isolation mechanism,revenue model and cost structure .This framework develops the previous ones in that it is based on the transmission of value .Secondly,this article focuses on the modern service industry which has witnessed frequent innovations in business models,and is therefore more likely to produce meaningful and representative results .62 listed companies are selected from the Growth Enterprise Market (GEM) of China for the validity and authenticity of the data,but also because the study of their open texts and materials is a primary method of research .Thirdly,the open texts and materials of the sample companies are categorized and coded,and questionnaires are designed for experts according to our analytical framework .The experts evaluate and score these 62 companies in terms of the confidence data . Their scoring is then subjected to clustering analysis of the computer .The results of the analysis break the 62 companies down into six types,namely,the long tail business model,the multi-sided platform business model,the free business model,the unbundling business model,the secondary innovation business model and the systematic business model .Finally,we select one typical company from each type for descriptive analysis . The analytical framework of business models as proposed in this article is based on the value network perspective and integrates with the modern service industry . It contributes to the development of the type theory of business models and to the development of modern service companies .It is also a successful attempt in terms of methodology as it combines management science with computer science and applies the quantitative method to the explanation of issues and problems in management .Limitations of this paper include the inadequate number of sample companies in our database due to the establishment of the Chinese GEM .

2014 Vol. 44 (2): 64-77 [Abstract] ( 1357 ) [HTML 1KB] [PDF 2796KB] ( 3059 )
78 Liu Jingjiang Wang Wenxing
Research on Managerial Attention :A State of the Art Review

Understanding how an organization allocates and manages its decision-makers'attention is of primary importance to the interpretation of organizational behavior .Extant research has shown that managerial attention is closely related to a firm's innovation,entrepreneurship,strategic decision-making,and internationalization . This paper begins by introducing the definition,measurement,and metatheories of managerial attention .Next,it focuses on reviewing the relationships between managerial attention and firm behavior such as innovation,entrepreneurship,strategic decision-making,and internationalization .Finally,it addresses the limitations of existing research on managerial attention and future research opportunities . Scholars define managerial attention as the noticing,encoding,interpreting,and focusing of time and effort by organizational decision-makers on issues and their solutions . Managerial attention is shaped by both top-down (schema-driven ) and bottom-up (stimulus-driven ) attentional processes .It can be classified into three ideal types,i .e .,attentional perspective,attentional engagement,and attentional selection .The measurement of managerial attention is critical to empirical studies .There are three main measurement methods of managerial attention in extant literature,i .e .,content analysis,questionnaire survey and case study .The content analysis method is the most commonly used for measuring managerial attention . Five metatheories,i .e .,the behavioral theory of the firm,managerial cognition,issue selling,attention-based view of the firm,and ecology of attention are commonly cited to study attentional structures,processes,and outcomes . The behavioral theory of the firm views organizations as problem-solving entities with limited attentional capacity .The metatheory of managerial cognition views organizations as interpretation systems,and it contends that enactment and sense-making,rather than goals and decision making,are central to organizations and organizing .The metatheory of issue selling views managerial attention of senior management as a scarce resource for which middle managers and other organizational members compete .The attention-based view of the firm takes firms as systems of structurally distributed attention .The ecological perspective of attention primarily looks on attention as salience and treats selective attention as more of a bottom-up process .According to extant literature,the research on the relationship between managerial attention and firms' innovative behavior primarily investigates the internal mechanisms of top managers'attention affecting firms'behavior of technological,organizational,management,and marketing innovations . The research on the relationship between managerial attention and firms' entrepreneurial behavior focuses on exploring the mechanisms of managerial attention allocations in the entrepreneurial opportunity recognition process .The research on the relationship between managerial attention and firms' strategic decision-making behavior mainly investigates the influencing mechanism of top management teams' attention allocations on firms' strategic choice and response . The research on the relationship between managerial attention and internationalization behavior focuses on investigating the influencing mechanism of top managers' attention on firms' global strategic position and their internationalization performance .These studies may provide new insight into the understanding of a firm's behavior,but there are still some limitations . In conclusion,the research on managerial attention is still in the pre-paradigm phase,and many critical scientific problems are expected to be solved by scholars . Taking the existing research findings and theoretical development into account,it is believed that more research is needed in the following three aspects : (1) To develop more research methods of managerial attention .According to the methodological fit in management field research,future research can use qualitative,quantitative or mixed research methods based on the needs of research questions . (2) To lucubrate the mechanisms of managerial attention which affect firm behavior .(3) To further explore the factors which affect the allocation of managerial attention .

2014 Vol. 44 (2): 78-87 [Abstract] ( 834 ) [HTML 1KB] [PDF 1933KB] ( 1813 )
88 Zhou Lingqiang Li Qiucheng Zhu Lin
Outcome Efficacy,People-destination Affect,and Tourists' Environmentally Responsible Behavior Intention :A Revised Model Based on the Theory of Planned Behavior

Facing with the sustainability-profitability trade-off in tourism industry,tourist destinations traditionally take″regulatory approaches″to promote sustainable development .An implicit assumption underlying this paradigm is that tourists are inherent″liability″for environmental protection . Therefore,only through regulatory strategies such as control of development scale,restriction of tourist behaviors can sustainability be achieved . However,recent studies regarding″pro-environmental tourists″have raised doubts to this assumption .They argued that tourists can spontaneously behave environmental-friendly,and thus can be regarded as″asset″rather than″liability″in sustainable development .Although there have been some studies investigating drivers of individuals' intention to perform environmentally responsible behaviors (ERB),few of them focused on the tourism context,or took tourism-specific factors into consideration .To address this lack in the extant literature,a theoretical model that integrates outcome efficacy and place attachment into the TPB model was proposed in this study to better understand tourists' ERB intentions .It is argued that these two constructs are of high relevance to actor's intention to perform ERB in the tourism context .A sample of visitors (N= 251) to Xixi National Wetland Park was then used to examine the proposed model and hypotheses . The empirical results and implications of the study are as follows .(1) In consistence with previous studies,behavioral attitude is confirmed as a most robust predictor of behavioral intention (β1 = 0 .47,p < 0 .001),which suggests that tourists' attitude toward environmental behaviors can greatly influence their intention to perform ERB in a specific tourist destination . (2) Subjective norm is verified to be positively related to both tourist' attitude toward ERB and their ERB intention (β2 = 0 .19,β3 = 0 .31,p < 0 .05),which indicates that perceived social pressure from the public opinions,and more importantly,significant others,have positive influence upon tourists'attitude toward ERB and their ERB intention .(3) Tourists' ERB intention is not only influenced by their rational evaluation of the benefits and costs with regard to conducting ERB,but also influenced by irrational factors such as perceived outcome efficacy of the behaviors and tourist's emotional bond with the destination .In particular,place attachment which is derived from tourists' emotional tie and psychological identification with specific destination can significantly predict their attitudes toward ERB,as well as their ERB intention (β6 = 0 .29,β7 = 0.28,p< 0 .001) . Based on these findings,tourism practitioners are suggested to go beyond the traditional ″regulatory approaches″which were criticized by some researchers for their defects in long-term efficiency .An alternative paradigm that inspires tourists' ERB through managerial strategies like on-site education,emotional investment,efficacy-building,and norm-shaping are thus recommended .These innovative approaches are argued to be a good complement to conventional regulatory approaches in addressing environmental dilemmas faced by tourist destinations .

2014 Vol. 44 (2): 88-98 [Abstract] ( 1471 ) [HTML 1KB] [PDF 2173KB] ( 3003 )
99 Yuan Huarong
On Essential Externality of Human Beings

According to Mandeville and Adam Smith,″private vices″and″personal benefits″bring ″public benefits″when it is″lopped by justice″or under the guidance of″invisible hand,″and form win-win situation of human beings and a rich harmonious society ;the economics also violates its ″no free lunch″motto,and suggests that″external diseconomy″is inessential and eliminable .In the light of the theory of″subversive″ecology,Hardin provides an important but incomplete criticism-externality is essential in″the game of win-or-lose,″and becomes eliminable when ″freedom of use″and″private property right″is regarded to be the cause and countermeasure of ″tragedy of the commons .″ Nature and anti-nature are two contrary evolutions,while there are two corresponding modes,free lunch and paid lunch ;natural evolution of earth system,″degeneration of the system in the earth-evolution of the earth surface system″(Ⅰ),″degeneration of natural system-evolution of life system″(Ⅱ),is an entropic process that provides life with″free lunch .″ In the aspect of externality judgment,biosphere is a reference system ;an essential judgment is ecological purpose,that is,to maintain biosphere diversity,harmony,stability and continuity . By playing ecological role,undertaking ecological obligation,complying with the order of nature,minimizing resource allocation and chasing ecological purpose,living beings become one″node″of biosphere″seamless web .″Living beings'low-level externality within the biosphere is dissolved at the high level and biosphere level ;closed circulation of materials prevents wastes forming in the biosphere,while water and atmospheric circulations spread waste heat to outer space .Maximized resource allocation,a must for″human beings″becoming human beings and social development,leads to destruction of the order of nature and fragmentation of biosphere ;human beings no longer play ecological role and undertake ecological obligation,so″ecological purpose″and ″ecologicalobligations right″are lost-as a result,human beings become inorganic members of biosphere,and are no longer qualified to have″free lunch″and they are deeply stamped with the mark of externality . The nature has no obligation to eliminate wastes and waste heat produced by human beings ; and it doesn't have this capability due to the restraint from the″adaptation-coordination″of its mechanism and the functional coupling of national circulation .With the existence of″redundancy function,″the nature can bear a few populations that″force their way into the nature ;″exponential growth of wastes and waste heat in human society leads to destruction of natural circulation mechanism,functional declination and serious social-natural crisis at present ; to reduce population-economy size substantially and implement″food-oil″strategy is the fundamental and the only way to deal with external″size crisis .″″Know yourself″is an eternal topic engraved by ancient Greeks on stone corridor at the Temple of Delphi .Lagging development of contemporary environmental ethics is caused by a fundamental misunderstanding-human beings are regarded to be one″node″of biosphere ″seamless web″(deep ecology) .Win-win between human beings and the nature and″inverted U-shaped curve relation between economy and environment″are argued repeatedly and circularly . Against this background,this paper discusses human beings' essentially external attempts .As a critical thinking and inferential paper,argumentation seems a little insufficient here .

2014 Vol. 44 (2): 99-110 [Abstract] ( 1467 ) [HTML 1KB] [PDF 2649KB] ( 1915 )
111 Zhao Liming
The Tradition of″Phonic Poetry″and the Reconstruction of″Phonic Hermeneutics″in Modern Theory of Hermeneutics of Poetry

Traditional Chinese lyric poetry is always known as″musical poetry″or″phonic poetry .″ Classical Poetics hermeneutics is also known as the tradition of″interpreting poetry in phonic way .″In the shock of the May Fourth Literature Revolution,however,such profound ancient ″phonic hermeneutics″tradition suffered a devastating blow and a fracture between ancient and modern Chinese poetics had then occurred .Which factors led to this fracture ?Firstly,modern vernacular poetry's inclining to colloquialism caused the loss of phonic tradition of classical poetry .Secondly,the loss of classical poetry's musicality made modern poetry lose its musical basis .Thirdly,the penetration of western poetry resulted in modern vernacular poetry gradually losing the roots of national language .Fourthly,several biases in modern reading practices such as neglecting reading while appreciating looking,excessive pursuit of beauty of statics and ignoring voice chanting while emphasizing meaning seeking caused missing of voice . Therefore,reconstructing tradition of phonic hermeneutics of modern Chinese poetry is particularly urgent and important . Modern hermeneutics of poetry is a new discipline born on the heels of modern poetry .From the poetics practices of many theorists of hermeneutics of poetry,the usual way of construction mainly starts with images and aims to explore the implication of poems by decoding metaphor,symbol,etc .and analyzing meaning of language .This kind of practice is admittedly essential but it is more far-away from hermeneutics tradition of Chinese poetics,which definitely keeps poetry critics with″Chinese feeling″worrying deeply .In fact,there are already some poetry theorists who reconstruct″phonic hermeneutics″of modern Chinese poetry starting with voice in the history of development of modern poetry,among which Zhu Ziqing and Zhu Guangqian are representatives . Their poetics constructions both have profound traditional features and their poetics practices also suggest that the construction of theory of modern phonic hermeneutics can find available resources in the profound poetics tradition called″zhiyin .″The tradition of classical″phonic hermeneutics″ provides not only possibility but also direction for the establishment of hermeneutics of modern poetry .Specifically,modern hermeneutics of poetry can be constructed along the following dimensions .The first level is called″yi sheng guan zhi″which grasps emotional aspects by voice . The second level is called″yin sheng xun yi,″that is,readers comprehend poem's meaning through voice chanting .The third level named″tong diao tong gan″could arouse responsive effect of″empathy″through chanting .The fourth level is to divine the realm of texture of poems by voice,namely″yuan sheng ru shen .″On these bases,in order to achieve the purpose of a fuller and deeper understanding of poetry,modern poetry theorists also invent a dramatic method of ″phonic hermeneutics″of modern poetry,which exerts itself to create a dramatic atmosphere and enhances artistic appeal by means of action and performance of recitation . The topic in question of this paper is original,the issue of″phonic hermeneutics″of modern poetry has long been neglected in poetry theory field .The problem consciousness of this paper is prominent,which highlights drawing on traditional resources to construct this core issue of theory of″phonic hermeneutics″of modern poetry .The argumentation of this paper is specific,two representative poetry critics Zhu Ziqing and Zhu Guangqian are examined here and a detailed and in-depth analysis has been made on their unique contribution to construction of modern poetics of″phonic hermeneutics .″The views and thoughts which have been put forward in this paper undoubtedly have significant reference value to the construction of a more complete theoretical prospect of modern Chinese poetry .

2014 Vol. 44 (2): 111-121 [Abstract] ( 616 ) [HTML 1KB] [PDF 2539KB] ( 9103 )
122 Zhang Zhongtang
From Derivations by Sound-change to Polyphonic and Polysemous Chinese Characters : A Case Study of″Middle″and″Space″

The polyphonic and polysemous Chinese characters in modern Chinese mostly originated from the derivations by sound-change in classical Chinese .Since B .Karlgren first focused his attention on the existence of large groups of cognate words in classical Chinese in his Word Families in Chinese (1934),efforts have been made to find the semantic relationship that corresponds to the phonetic contrasts in the philological explanation for lexical meaning,grammatical function and morphology .Based on previous researches,this study selects Zhong (middle,“中”) and Jian (space,“间”) as two samples,and attempts to examine their derivational processes,to reveal their complicated relationship of sounds,meanings and the shapes of Chinese characters in the development of Chinese language,which can not only enrich the research in the polyphonic and polysemous Chinese characters in modern Chinese,but also contribute to the compilation and revision of Chinese dictionaries . The varia lectio (异读) data of this paper are mainly from Jingdian Shiwen (《经典释文》) and Syllabary of Dialect Pronunciations of Chinese Characters (《汉语方音字汇》) . Jingdian Shiwen is rich in derivations by sound-change from Pre-Qin period to Wei and Jin dynasties,and has experienced the stage of the morphological decline,while Syllabary of Dialect Pronunciations of Chinese Characters is well acclaimed for its colloquial features .The combination of these two helps examine the origin,development and decline of the derivations by sound-change of Zhong and Jian . The derivation by sound-change of Zhong goes as follows :(1) Basic form (原始词),even tone (平声),unvoiced initial (清声母),means″middle ; fair and equitable rule,″noun ; (2) Derived formⅠby tone-change to falling tone(去声),unvoiced initial,means″in the middle of,″ adjective ;(3) Derived formⅡby meaning-change,falling tone,unvoiced initial,means″to meet the standard ;to hit the target,″verb ;(4) Derived formⅢby initial-change,falling tone,voiced initial (浊声母),means″just in the middle of,″adjective . The derivation by sound-change of Jian goes as follows :(1) Basic form,even tone,unvoiced initial,means″space between,″noun .(2) Derived formⅠby meaning-change,even tone,unvoiced initial,means″to await a favorable opportunity,″verb .(3) Derived formⅡby initial-change,even tone,voiced initial,means″to be leisured,″adjective .(4) Derived formⅢ by tone-change,falling tone,unvoiced initial,means″to be or place between ;to sow discord,″verb . According to the shapes of Chinese characters,Zhong and Jian represent two kinds of form changes in the development of Chinese language . Zhong represents the direction in which the original form has been maintained,while Jian represents the other direction where the form has changed .The basic form of Jian was initially written as“閒”,and then replaced by the popular shape“间”,and its derived form borrowed another shape“闲”. In Syllabary of Dialect Pronunciations of Chinese Characters,both Zhong and Jian are still polyphonic and polysemous in 20 dialects,which should be the last vestiges of derivations by sound-change in classical Chinese . The study concludes that in the medium-sized philological dictionaries,such as Modern Chinese Dictionary (《现代汉语词典》),Xinhua Dictionary (《新华字典》),the synchronic sound,meaning and shape of polyphonic and polysemous Chinese characters can be marked according to their usages in modern Chinese,while in the large-scale philological dictionaries,such as Chinese Dictionary of Etymology (《辞源》) and Great Chinese Dictionary(《汉语大词典》),the diachronic sound,meaning and shape of polyphonic and polysemous Chinese characters should be marked according to their corresponding relationship in the development of the Chinese language,which is a goal that the compilation and revision of philological dictionaries should achieve in the future .

2014 Vol. 44 (2): 122-129 [Abstract] ( 900 ) [HTML 1KB] [PDF 1820KB] ( 2393 )
130 Zhu Tuxing Zhu Ziyun Zhu Lei
Panel Data Analysis on the Optimization of the Coordination of Regional Industry and Ecology

The optimization of the coordination of industry and ecology refers to the ideal status in which orderly structure,effective functioning,stable operation and high-quality results are achieved through regulating factor inputs and controlling the processes of mutual acting,coupling and back coupling .It not only reflects the consistence of industrial and ecological systems in the evolving process but also the co-optimization of both systems .The optimization of coordination is characterized by the integrations of form and content,vertical and horizontal directions,stock and increment,quality and quantity,process and result,and the present and future . By introducing the indicators of optimization,a method of empirical analysis is created in the sense of the organic coupling of the co-optimization of the coordination of industrial and ecological systems .In other words,by using to represent the co-optimization between industrialization and ecology,we made an empirical analysis based on the panel data of 31 provinces in China from 2003—2011 by (1) the calculation formula of G = (1-| Esi-Fsi |)×(1-| Eti-Fit | ),which is based on different is,the result of the calculation of the dynamic coordination indicators between the results of the industrial operation system(Esi,here i represents the ordinal numbers of provinces) and the ecological operational system (Fsi,here i represents the ordinal number of provinces)which is calculated in terms of time sequence data,and (2) the calculation of the static coordination indicators between the indicators of industrial functioning (Eit,here i is the annual number of provinces)and those of ecological functioning(Fit,here i refers to the annual number of provinces) calculated in terms of cross sectional data .The result indicates that the average level of development coordination is not high,that the optimization of development coordination in the central region takes the lead,followed by the western region,with the eastern region at the rear,a typical feature of polarization .The result also shows that the average level of development coordination is declining,that the gap of optimization of development coordination is expanding,that the momentum of optimization in the western region is obviously stronger than that in the and central regions of China,which in turn is stronger than the eastern region as the latter is experiencing substantial decline .The root of these problems lies in the serious dis-embeddedness of industrialization and ecological civilization . Except for Tibet whose industrialization is insufficient,the other 30 provinces in China are experiencing dis-embeddedness to some extent . Three reasons are found to account for this dis-embeddedness :first,they fail to adopt pathways to distinctive industrialization according to their own ecological capacities ;second,their fiscal institutions have not formulated appropriate policies ; third,they fail to establish distinctive evaluation frameworks based on their own ecological capacities . Although improving the optimization of coordinated development is the route we must take to achieve long-term,sustainable,effective and risk-free development,it should be supported by a strong guarantee mechanism .Therefore,we suggest applying distinctive strategies to regional industrialization,establishing a powerful dynamic mechanism for endogenous driving forces,constructing a controlling mechanism for operative norms,and providing a distinctive evaluation mechanism for performance .

2014 Vol. 44 (2): 130-143 [Abstract] ( 1034 ) [HTML 1KB] [PDF 2593KB] ( 1407 )
144 Xia Lian Qian Guoling
Discussion on the Unified Rights Protection of Persons with HIV/AIDS and Disabled Persons

As for the HIV prevention,Chinese government has implemented a special policy,which is called″Four Types of Free Service and One Kind of Special Care .″″Four Types of Free Service″is to provide free anti-HIV drugs,free counseling and preliminary screening,free prevention of mother-to-infant HIV transmission and free HIV testing of newborn babies,and free education .″One kind of Special Care″is to give assistance to the people infected with HIV/ AIDS and their family members,who are in financial difficulties .In 2006,the Regulation of the Prevention and Treatment of HIV/AIDS was promulgated by Chinese State Counsel,which makes the protection of the rights of the persons with HIV/AIDS legitimized .This special protection has helped relieve the severe state in this field .But it also gives us such an impression that AIDS is so dreadful and infectious,which makes those with HIV/AIDS live in lonely state and deepens the discrimination against them .Thus,the special protection for them in policy and law should be changed to general protection . In order to transform the special protection into general protection,the persons with HIV/AIDS should be included by disabled law,and such legal protect models from international community could be introduced .The first model,of which French law is an example,is to give ″healthstatus or handicap″in anti-discrimination law an amplified interpretation,in order to make those persons with HIV/AIDS included in disabled people .The Canadian law belongs to the second model,according to which the discrimination against persons with HIV/AIDS is regarded as the discrimination against disabled people based on judicial interpretation .The third model is accepted by UK,Australia and Hong Kong,which stipulates that those persons with HIV and AIDS should be regarded as disabled people .Because China has no anti-discrimination law,it is impossible to have legislative or judicial interpretation .So it is suitable to adopt the third model in China,that is to perfect The Law of the Protection of the Disabled Persons of the People's Republic of China as to incorporate those people with HIV/AIDS into disabled people .But at present this law still holds such view that disability is just physical defect,other than″social disabilities″or″the result of suppression of human rights .″Therefore,it is needed to change our understanding of″disabilities″before perfecting the law of the protection of disabled persons . In addition,there are still some structural factors which hinder the Unified Rights Protection of Persons with HIV/AIDS and Disabled Persons .In China,both the people with HIV/AIDS and disabled group belong to vulnerable group,and have the burdens of discrimination from society,so it is possible that they both would have the worry that it will deepen the discrimination against them when these two groups are included in the same law system .Furthermore,China Disabled Persons' Federation,founded in 1988,is an official and formal organization,which has made great achievement in rights protection of its members . While the State Council AIDS Working Committee,the official organization for the people with AIDS,was founded in 2004,and its subordinate organizations are weak,scattering over the places with high rates of HIV incidence .The real force supporting the rights protection of the persons with HIV/AIDS lies in all kinds of grassroots organizations,which,however,lack money and legal discourse .Although some organizations are legally registered as Folk-Run non-Enterprise Units,they must pay business taxes to the government,which makes their running harder .Thus,in order to unify the rights protection of both groups,it is necessary to change the concept of the government that the government should govern everything,to change its misunderstanding of grassroots organizations,and to strengthen their role in civil society .

2014 Vol. 44 (2): 144-152 [Abstract] ( 1849 ) [HTML 1KB] [PDF 2293KB] ( 2212 )
153 Weng Guomin Ma Junyan
On the Unity and Separation of Tort Liability for an Employer as an Entity : From the Perspective of the Relationship between a Legal Person's Tort Liability and an Employer's Tort Liability

According to Article 34 Section 1 of the″Tort Liability Law of the People's Republic of China″-where working personnel of an employing party cause damages to others due to performance of their tasks,the employing party shall be subject to tort liability-this article is an important exception to the institutional arrangements of Tort liability Law,which reflects the important characteristics of risk society . Through the research of legal history,it is shown that″General Principles of the Civil Law of the People's Republic of China″was affected by the traditional planned economy system,in which the whole society rejected employment relationship . Hence,only the″single″enterprise was stipulated as legal person's tort liability,and this stipulation was the mode which can only be found in China . With the transition of the economic system and the emergence of socialist harmonious employment relationship,single legislative system was unable to meet the needs of the social reality .Thus,the Supreme People's Court promulgated″Opinions of the Supreme People's Court on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China″and″Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury,″which adopted binary separation of a legal person's tort liability and an employer's tort liability in the procedural law and the substantive law . This institutional arrangement was close to the″separate″type of Germany,Japan and Taiwan province of China in form,but different from them in essence .The real intention of the institutional arrangements was to distribute inequality tort liability between diversified ownership . According to the principle of equality in civil law,in 2009,Tort Liability Law unified legal person's tort liability and employer's tort liability,and had broken the ownership restrictions to keep in line with the international trend,which is a liability without fault takes the place of a liability for fault,and an employer's tort liability absorbs a legal person's tort liability . The establishment of an employer's tort liability is based upon the inference of the legal logic,as well as the consideration of the social policy .However,its negative aspects should not be neglected .Simple and uniform″employer-employee″subject model,firstly,shows complicated liability forms,and it is not self-consistent in legal logic .Secondly,it can not meet the real demand of the development of civil and commercial laws,and it is against the trend of modern civil law which is evolving the concept from″abstract person″to″specific person .″ This paper attempts to argue that legal person's tort liability should be separated from employer's,and at the same time,a new legal person's tort liability should be established by referring to equitable liability,bankruptcy liquidation and disregard of legal person's personality . In an agency relationship,the bureaucratic″organization relationship″is replacing the ″employment relationship″and″control relationship″as a new occupation-connection standard ;in a representative relationship,representative (including legal representative,legal person's representative,and legal person's representative organ ) behaviors are considered as the company's,and the company should be responsible for them .

2014 Vol. 44 (2): 153-164 [Abstract] ( 1131 ) [HTML 1KB] [PDF 2695KB] ( 2000 )
165 He Huaiwen
The Role of Trademark Use

According to the conventional view,there must be trademark use by the defendant in order to determinate trademark infringement ;and there shall be no trademark use for the purpose of establishing fair use of trademarks .This view,however,is not theoretically founded and is marginalized by judicial practices worldwide .First,trademark use requirement is linked to the concept of″exclusive right to use″a registered mark .The logic runs that where there is no″use as trademark,″there should be no infringement upon this exclusive right to use . With the continuous wearing down of the distinction between trademark law and unfair competition law in respect of business designations,however,trademark use as a threshold requirement for infringement upon trademark is untenable . Second,trademark use is connected with confusion on the part of the consuming public .It is argued that where there is no use of designation as a source identifier,there is no possibility of confusion as to sources of plaintiff's and defendant's goods,though there are some merits in this logic .In judging trademark use from the perspective of the consuming public,one should take into account distinctiveness and reputation of the plaintiff's trademark and so on .As a result,the assessment of trademark use overlaps with the assessment of likelihood of confusion . Accordingly,trademark use should not be deemed as a threshold condition for trademark infringement . Third,a descriptive fair use is a limitation upon trademark exclusive rights,also an affirmative defense .The fair use does not require the absence of any confusion .Inquiry about the fair use should involve the fairness of the disputed use,not emphasize on whether it is trademark use or not .Such fairness should be weighed in light of the practices in the trade . Fourth,in the context of anti-dilution for famous marks,it seems logical to suppose that only if the defendant uses a sign as its own trademark and the public uses the designation to identify and distinguish different goods,could the allegedly unique and strong link between the designation and plaintiff's goods be weakened .But this does not mean that it is required to establish in the first place that there is trademark use in order to prove dilution infringement . Instead,allegedly diluting use must be assessed in the context of the normal use of the disputed mark and in relation to the overall commercial impression of consumers .Non-trademark use is a term for″exclusion″with respect to anti-dilution protection .In this sense,the defendant must carry the burden of proof in order to be excused .On the contrary,the plaintiff has no burden to prove that the allegedly diluting use is a trademark use . Therefore,neither trademark use should be considered as a condition precedent to trademark infringement,nor as a threshold requirement for dilution of famous trademarks . In short,″trademark use″is an improper condition imposed to confine trademark protection .

2014 Vol. 44 (2): 165-176 [Abstract] ( 1070 ) [HTML 1KB] [PDF 2591KB] ( 2103 )
177 Zhang Qianming
International Legitimacy and the Changes of Great Powers' Responsibilities

The research on legitimacy and the responsibilities of great powers could only be appropriately understood within the framework of international society .Because the international society is founded on evolving principles of legitimacy,the core principle of which requires a willingness to be bound by a socially-derived set of constraints as conditions for membership .The constraints include both particular conceptions of rightful membership of the international society,and particular conceptions of rightful conduct within it . Essentially,the social constraints are the obligations which states as members of international society should fulfill . Each state's obligations come from its membership status . The members of that community relinquish their absolute sovereignty in exchange for membership,and they are willing to accept constraints of a set of generally applicable principles and rules .Therefore,if a state would like to obtain recognition from other states,the prerequisite is that the state must fulfill the basic obligations of membership in the international society .The most fundamental obligation of a state is its compliance with the principle of sovereign equality among states . Besides members' general responsibilities,there are some particular responsibilities that could only be fulfilled by the few great powers or membership of the great powers club in the international society .The very distribution of this special responsibility is also often contingent on other states' recognition,which in turn is closely related to the concept of legitimacy .The concept of great powers includes both normative and empirical underpinnings .Great powers need not only strong material capabilities,but also other states' recognition of its special role in the international system .Only when a great power assumes special responsibilities commensurate to its capabilities can it obtain other states' recognition .This recognition grants the great power legitimacy and justifies its having certain privileges and responsibilities .Therefore,great powers' special privileges are intricately linked with its special responsibilities .Great powers endowed with special responsibility are benefit for the great powers and the small powers,because it creates a legitimate social power .Among these special responsibilities are :to manage relations with fellow great powers,especially in doing their utmost to prevent the most explicit competition and conflicts among themselves,to curtail those behaviors that disturb international order,to protect the weak states,and to assist the impoverished states . The distribution of special responsibilities could be also understood as an unique practice of legitimation and a balancing practice between respecting sovereign equality among all states and preserving special privileges of the great powers .Since the signing of the Treaty of Westphalia,the contradiction between the principle of the nation's sovereign equality and the uneven allocation of material power damaged the orderly operation of European international society .The major solution to this contradiction is to grant great powers certain special rights and responsibilities on top of the general principle of sovereignty equality .And an important way to legitimize great power's special status is to obtain other states' recognition .Although the precise allocation of special responsibility may oscillate from time to time,sometimes special status of the great powers may carry more weight,such as during the Congress of Vienna and the Concert of Europe that follows it .Other times,like the Congress of Paris and the League of Nations at post-World War I,the pendulum may swing more towards the principle of sovereign equality . However,the international arrangement is always assured through compliance with the legitimacy principle .In short,the regulation and allocation of great powers' special responsibility is essentially a method to solve the contradiction between the principle of sovereign equality and the unequal allocation of material powers,with the aim of ensuring orderly operation of the international order .

2014 Vol. 44 (2): 177-187 [Abstract] ( 1479 ) [HTML 1KB] [PDF 2388KB] ( 1668 )
188 Su Guangen Gao Like
Mandeville's Influence on Rousseau's Doctrine of the State of Nature

Bernard Mandeville was one of the most controversial figures in the early 18th century,and his doctrine of the state of nature was also the most important source of Rousseau's Discourse on Inequality .Adam Smith noted it long before,but it has not got enough attention for a long time .Clarifying the connection between Mandeville and Rousseau's doctrines of the state of nature is very important,not only for grasping the essence of Rousseau's thought,but also for the appreciation of civil society in the 18th century . The 2nd volume of The Fable of the Bees was a mature answer to the question that how could human being such like“an extraordinary selfish and headstrong,as well as cunning animal” be the only sociable animal,which Mandeville had concerned with for years .As well as modern natural law tradition,Mandeville resorted to a state of nature to contemplate the origins of society,but what he concerned with was the history of civil society,rather than justification of ruling,and he provided with a completely historical dimension .In his state of nature,there was no so-called natural law,and the barbarism and ignorance of man in the state of nature also made it impossible for them to establish society by contract .Civil society was formed by evolution over a long period of time .However,we can't simply perceive this process as a spontaneous order . For Mandeville,the key to the history of civil society was the taming of human passions rather than only material progress .It was the advance of the art of government that located in the heart of this historical narrative . We can clearly find Rousseau's similarities with Mandeville in his Discourse on Inequality . For them both,man in the state of nature was ignorant savage :he had no reason,either knew nothing of good or evil .The only distinction between him and animals was his learning talent . Mandeville and also Rousseau's descriptions of the state of nature were not based on a true study of history,but deduced from their understandings of human nature . They both agreed that society was formed by evolution over a long period of time,but they still insisted on the distinction between nature and artifice,and considered society as a departure from human nature,or a distortion of it .For them,there was no natural law in the state of nature,and the essence of the society was the strong subduing the weak . However,Rousseau and Mandeville's views on human nature had fundamental differences . Rousseau denied that there was any self-liking in the state of nature,while it was formed in the society .Pity,which was refused by Mandeville to be recognized as a virtue,for Rousseau was the source of every virtue,and it limited self-love of man in the state of nature .As a result of their differences in the view of human nature,the state of nature which was considered by Mandeville as miserable and destitute,and urgently needed to be overcome,for Rousseau was an innocent Eden . The civilization praised by Mandeville as an art of taming man's savage nature,for Rousseau was a heavy shackle round man's neck .Mandeville,the most thorough defender of modern civilization,paved the way for Rousseau,the severest critic of modern civilization .

2014 Vol. 44 (2): 188-196 [Abstract] ( 1368 ) [HTML 1KB] [PDF 2518KB] ( 1740 )
197
2014 Vol. 44 (2): 197-198 [Abstract] ( 581 ) [HTML 1KB] [PDF 1157KB] ( 999 )
199
2014 Vol. 44 (2): 199-200 [Abstract] ( 305 ) [HTML 1KB] [PDF 874KB] ( 1090 )
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