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JOURNAL OF ZHEJIANG UNIVERSITY 2015 Vol.1 Number 2
2015, Vol.1 Num.2
Online: 2015-03-10

Article
 
Article
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2015 Vol. 1 (2): 1-4 [Abstract] ( 355 ) [HTML 1KB] [PDF 532KB] ( 832 )
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2015 Vol. 1 (2): 4- [Abstract] ( 183 ) [HTML 1KB] [PDF 0KB] ( 33 )
5 Ma Shuzhong Pan Weikang
The Calculation of China's Agricultural Output Gap and the Price Effect Research : Based on the Perspective of Limited Supply of Labor
Agriculture is the foundation of the national economy in our country,in the early days of our country's foundation-planned economy era,by the means of the scissors difference between the industrial products and the agricultural products,agricultural resources were transferred to industrial sectors,thus establishing the completed system of national industry .After the reform and opening up,along with the development of rural economy,the marketization of agricultural production factors configuration propels the transformation of production factors such as labor,land in rural resources into more comparative advantaged industry and service sectors,leading to the disequilibrium of agricultural production factors inputs .At the same time,the rapid development of industrialization and urbanization has intensified the contradiction of consumption demand and supply of agricultural products .The rising price pressure of agricultural products acts as the driver of inflation .According to the macro economic theory,whether to make full use of the factor resources and to acquire maximum sustainable output affect the price,however,the existing research only use the Phillips curve to study the relationship of output gap and inflation at the macro level,no thought and tentative research on subdivided economy sectors and decomposition of inflation have been found . Compared with the existing research,the innovations of this paper are the following three aspects : (1) Under the hypothesis of limited supply of labor,the marginal impact of agricultural output gap on inflation is derived from the apply of″two-sector″model(Feder,1983)and extended C-D production function,this paper puts forward theoretical propositions :agricultural output have direct price effect and indirect price effect on price .(2) Based on quarterly macroeconomic data from 2002 to 2013,this paper uses the agricultural″output gap-price″model to demonstrate the direct price effect of agricultural output gap as well as its time lag .Furtherly,panel data of 18 provinces verifies the robustness of the above conclusion . (3 ) The long-term equilibrium relationship between the industrial output gap and agricultural output gap is proved by EG two-step method,but the ECM model test shows that the short-term relationship is not significant . In this paper,the empirical research finds that negative agricultural output gap has a direct positive effect on price of agricultural products,this effect shows 1 3 order lag,while the provincial panel data shows 3 4 order lag,this is consistent with the traditional macroeconomic theory .There is a long-term equilibrium relationship between industrial output gap and agricultural output gap,showing a consistent trend .However,the short-term impact elasticity was not significant .This result proves that agricultural output gap affects output gap through industrial output gap,thus verifies the proposition hypothesis of indirectly promotion effect on inflation by agricultural output gap as well as its time lag .This paper concludes that to fight inflation we should start from strengthening the support for agricultural production,cultivating modern agricultural production system through capitalization,mechanization and industrialization,enhancing coordination of industrial and agricultural production and smoothing the circulation channels of agricultural products .
2015 Vol. 1 (2): 5-18 [Abstract] ( 2089 ) [HTML 1KB] [PDF 2247KB] ( 164652 )
19 Huang Xiaowei Huang Yixuan Guo Min
Demographic Transition,Welfare System Mismatch and Moderate Scale of Sovereign Debt
As substantial demographic changes unfold at a globe level,the world population is getting older .Theoretically all European countries should have tax financed education,health care and public pension systems,because there is a strong age component with respect to when the representative benefits from and contributes to public finances .However,the government may run deficits to smooth adjustments across time and generations given a policy package such as high welfare standards . Therefore,ageing and high public welfare expenditure are important factors of debt sustainability in Greece,Italy and other European countries .This paper proposes that bond issue is gradually turning into the primary means for governments to plug their fiscal shortfalls since rigid fiscal unproductive expenditure could not generate tax revenue .Besides,the government financial situation gets even worse because of welfare system mismatch which leads to a full-blown debt crisis eventually . Based on the three-period OLG model,we discuss the net contributions of representatives of different stages in the public sector,and integrate demography and welfare expenditure into the analysis framework of sovereign debt according to the fiscal gap model .The proposition we put forward is that ageing and the rise of social security expenditure would lead to the increase of government debt ratio .In this paper,empirical research was conducted in 28 European countries from 2003 to 2012 .We constructed variables,including the proportion of the population aged 65 or above,old age dependency ratio,life expectancy to capture the demographic transition;relative median income ratio,aggregate replacement ratio,expenditure on pensions,social protection,health care,and education to capture welfare system arrangement;and adopted the inflation rate,average yields of national debt,birth rate,economic growth rate,fiscal deficits,tax revenue as control variables .Considering heteroscedasticity of panel data,we made use of the fixed effects model with clustering robust standard deviation,and applied first-lagged variables to control the possible endogeneity . The empirical results show that :(1) Consistent with the theory,aggregate replacement ratio,expenditure on social protection,and old age dependency ratio have positive influence on scale of debt .(2) Aggregate replacement ratio is less significant when debt ratio is higher than 60%,however it is very significant otherwise .This is because aggregate replacement rate maintains stable and does not change with the increase of debt ratio when debt ratio is high .In other words,governments don't have the ability to continuously improve welfare because of fiscal dilemma which leads to the stagnation of treatment for retirees after achieving a certain level .(3) At a high debt level,expenditure on social protection and old age dependency ratio have more significant marginal effect which coming from the expansion of the aging population .In short,the scale of debt will still grow geometrically under the present welfare system . This paper provides a new theoretical framework about sovereign debt from a demographic perspective,confirms the significant relationship among ageing,public welfare system and government debt in theory and practice,and indicates that controlling the speed and cost of population aging is an effective means of maintaining appropriate scale of sovereign debt .
2015 Vol. 1 (2): 19-33 [Abstract] ( 767 ) [HTML 1KB] [PDF 2528KB] ( 1414 )
34 Dong Yinguo Li Zhen
Sanitary and Phytosanitary Measure :Trade Barrier or Trade Catalyst —Evidence from the Developed Countries' Imports
After agricultural products were incorporated into the WTO multilateral trade regulations,the role of tariff and other traditional trade protection measures has declined .On the contrary,sanitary and phytosanitary (SPS ) measure,which closely relates with food safety,health of animal and plant,and environmental safety,has become the prior policy tool for most governments .Theoretically speaking,SPS measure may become a trade barrier by increasing exporters' cost of compliance .But it may also act as trade catalyst by increasing transparency,reducing the asymmetry information and preventing the risks .The literature on the effects of SPS can be divided into two groups :one group considers SPS measure as a trade barrier,while the other group supports it as a trade catalyst . There are some defects in the previous research .First of all,the objects of the studies are limited to certain countries or groups or confined to specific products,so that it is hard to truly evaluate the effects of SPS measure on the trade of the overall agricultural products .Secondly,they approach the effects of SPS measure on trade from the exporters' perspective,ignoring the effects of trade diversion causing by SPS of the importers .With China having become a major player in the world trade,especially with China having become the world's largest importer of agricultural products,the impact of SPS measure on the import of agricultural products deserves much research attention .It will provide a reference for China to adopt SPS measure effectively by studying the cases in the developed countries . The contribution of this paper lies in the following aspects .(1) Approaching from the angle of importing countries,it has studied the impact of SPS notification in each chapter of 24 chapters (HS01 24) of agricultural products on the import of goods in that chapter,by using the data from four developed countries,i .e .United States,Canada,Japan and Australia,and has taken into consideration the effects of trade division that have been ignored in previous studies .(2) It has found that the impact of SPS measure on the import of agricultural products forms a U-shape,which shows the SPS measure restricts the imports in the first two years of the implementation,but it promotes the import later .(3) It has revealed that the SPS measure has different effects on primary agricultural products (HS01 14) and the processed agricultural products (HS15 24),which explains the reason why the scholars have drawn different conclusions about the effects of SPS measure in their previous studies .The studies that involve the primary agricultural products consider SPS measure as a trade barrier,while the studies that involve the processed products consider it as the trade catalyst . The conclusion of our research provides policy implication for the countries including China to implement SPS measure .As an exporter,a country need to shorten the time of compliance with SPS measure by investing in the infrastructure,and continuously improving the quality of agricultural products,as well as minimize the adverse effects of SPS measure by adjusting the export structure of agricultural products and exporting more processed agricultural products .As an importer,a country has better to develop different SPS measures for the primary and processed agricultural products respectively,and keep adjusting and updating SPS measures to improve the protection of domestic residents,plants and animals,and environment .
2015 Vol. 1 (2): 34-45 [Abstract] ( 472 ) [HTML 1KB] [PDF 1881KB] ( 1225 )
46 Tong Liechun
Membership Right of China's Farmers

Membership right of China's farmers means the legal qualification,with which the farmers can enjoy the legal status in the village collective as well as the interests,as is confirmed by the China's legal system .It is a private right as is enjoyed by the farmers based on the membership in the farmer collective,which includes village community membership right,economic collective membership right and autonomous community membership right .It is the right based on the collective law instead of personal law .Furthermore,it is based on the special membership,which cannot be sold or inherited,but can be transferred with the membership change . Law transcends the natural and social differences and gives each farmer the same membership qualification and membership right,by which farmers can equally share the village collective interests as they subsist in the village organization and farmers collective . Membership qualification serves as the boundary between the insiders and outsiders of the collective .The collective has the responsibility of providing interests and service to the members while the members have the obligation of abiding by the village community administration and management rules .The members in the collective have rights and obligations towards each other in the legal and beneficial sense based on their common property .In terms of village community relationship,the farmer membership right,with the farmers in the collective as the subject and relevant benefits of the collective as the object,demonstrates general rights and benefits with the private interests as the core,which has the following functions :confirmation of legal status of the farmers as the main body in the collective;putting the farmers' collective interests back to the farmers themselves;upholding the principles of the village community organization;fulfilling the safeguard function of the land . The basic structure of the farmer membership right is a system of rights as governed by the membership qualification .The membership right,as is summarized based on the concrete rights,includes various concrete substantial or procedural rights .A member has the following rights towards the farmers collective :collective property share right,public facility utilization right,land contractual management right,homestead allotment right,surplus allotment right,collective benefit obtainment right,information-sharing right,democratic administration right,voting right,application cancellation right,additional convention right and litigation right .A member has the following rights towards the village committee :voting right,superintendence right,questioning right,and recall right .A member has the following rights towards other members :equal status right,cooperation requirement right,and superintendence right . A member has the following rights towards outsiders :elimination right,collective share,priority of contracting″four kinds of wasteland″and land contractual management right . The free will of member can only be practiced in the space of specific system .With regards to the basic rights of the farmers such as the membership qualification,it can be stipulated by the law with no room for the village community administrative rules and personal will to play their roles .With regards to the collective interests of the village community and common interests of the farmer membership change,it shall be governed by the village community administrative rules .With regards to the self-interests of the membership change,it shall be determined by the free will of the relevant .The original requirement for the obtainment of the membership is the input of factors of production such as land during the cooperation period . Afterwards,the membership qualification shall be confirmed in the forms of share-obtainment,household register,birth,marriage,migration,government arrangement,village convention resolution,and etc .The deprivation of membership shall be legally stipulated and village convention shall be empowered to announce the deprivation of membership according to the legal conditions and procedure .The legal conditions for the change of membership right shall include both the legal behaviors based on the private law such as adoption and marriage and the legal behaviors based on the public law such as the merger of villages and migration arrangement .

2015 Vol. 1 (2): 46-54 [Abstract] ( 1188 ) [HTML 1KB] [PDF 1643KB] ( 1747 )
55 Zhou Jiehong Xing Jiagang Yu Yijun
Producer's Behavior Research of Multiple Quality and Safety Certification in Agri-food Sectors

In markets with qualitative uncertainty,pricing on the basis of average quality will be unattractive to participants whose products are above average in quality,quality certification thus could be an alternative to exit from the market in such situation .Overlapping quality certification may significantly improve the consumer's confidence of the food quality and safety .This paper focuses on the multiple quality certification of agri-food producer in Zhejiang province .Based on the producer level data from household farms,farmer cooperatives and agricultural companies,the producer's certification status is modeled using Heckman two-step procedure . The first-stage results using Probit model show that,if the influence of the region which the producer is located,the product category and the type of producer are controlled,the producer's likelihood of certification is determined by the size,the human capital,the brand status,the level to which the producer's markets are diversified,external market incentive,internal entity responsibility,the transaction cost,while the role of the government regulation pressure and producer's resource capability is not significant .In the second-stage,the safety certification intensity of the producers has been studied with the application of the ordered Probit model after correcting sample selection bias . The results show that the number of standards to which a producer is certified is positively related to the size,the human capital,the brand status,external market incentive,internal entity responsibility,but inversely influenced by the level to which the producer's markets are diversified,and the transaction cost . In other words,the producer focusing on a few markets were more likely to certify to one quality standard,but less likely to certify to multiple quality standards,and the producer focusing on out-province market were more likely to certify to multiple quality standards . External market incentive and internal entity responsibility enhance the propensity to be certified to multiple quality standards .While the transaction cost would curb the producer's propensity to be certified to multiple standards . In general,the producer's quality certification decision is the trade-off between the benefits and costs,and constrained by the resource capability of the producer and the environment which the producer faced to .The producer's behavior of quality multiple certification is driven more by market incentive and internal entity responsibility,not the government regulation pressure .The above analysis suggests that frequently-occurred food safety incidents have increased Chinese producers' responsibility about food quality and safety,and the producer could be a reliable power to promote the food quality and safety . Basing on the conclusions all above,it is proposed that the regulation efforts of government in agri-food quality and safety market at this stage should focus on the construction of operation system to safeguard the market mechanism .Firstly,pay more attention to bring the producer's role into full play in food quality and safety,implement the institution to ensure the producer as the first responsibility entity to secure agri-food safety .Secondly,strengthen the supervision of the certification agencies and ensure the reliability of authentication information,and maintain an orderly circumstance of effective certification market . Thirdly,stricter authentication label regulations in product market are required to ensure the accuracy of information released by producers .At last,in order to ensure the practicability of the standards,the government should constantly communicate with the producers,continuously revise the standards according to the feedback from the producers,and reinforce the training and promotion of the standards .

2015 Vol. 1 (2): 55-67 [Abstract] ( 1265 ) [HTML 1KB] [PDF 2021KB] ( 1213 )
68 Wu Fei Fu Zhengke
Big Data and the″Right to Be Forgotten″
The right to be forgotten stemmed from people's worry about the challenges posed to their privacy by the development of information technologies like the digital storage and cloud computing .Since technological development entails the easy storage and access of personal information,people have to worry that their lives are constantly under digital surveillance,that their privacy might be exposed unknowingly and that the information they are unwilling to spread might exist on the network permanently,for all these privacy and information might be accessed by others,which might negatively impact the personal image and dignity they strive to construct and maintain .On this account,the EU proposed in 1995 the concept of″the right to be forgotten″ in the law of data protection .However,debates on this issue never ceased .In May 2014,the Supreme Court of EU ruled that users can delete their names or relevant history from the resulting web pages of the search engine . From the perspective of justice,such a decision established the utility of″the right to be forgotten .″According to this rule,users have the right to ask the search engine to hide specific entries in the search results . The main argument against″the right to be forgotten″is its vague explanation .Although there is a general agreement that it is necessary to block false information by law,what″the right to be forgotten″does is to remove the information the person concerned regards as unpleasant rather than false .The exercise of this right will undoubtedly restrict public access to historical information and harm the freedom of expression,as the law does not need to protect past wrong doings,and these people do not have adequate reasons to request the deletion of unpleasant information to make others forget their wrong speech and behavior .Another major concern is that deleting such a large amount of information will greatly increase the operating cost of the big-data companies,which will in turn negatively and unfairly affect the development of the digital economy .On June 26,2014,Google announced that based on the rule of European Court of Justice,they started to delete certain search results in order to protect″the right to be forgotten .″But such deletion is only confined to the European websites,like Google .de of Germany and Google .fr of France,which means people all around the world,including other countries of EU,can still use Google's global website Google .com to access these controversial links .EU,on the other hand,continues to emphasize that″the right to be forgotten″should be implemented globally . However,on February 7,2015,Google's eight-member advisory committee published a report that confining the implementation of″the right″inside EU conforms to the EU decision,acknowledging that the extension of″the right″to the globe will probably ensure″more effective protection of the rights of the data subject .″ The accessibility,durability and comprehensiveness of digital memory pose a serious challenge to humans .The oncoming digitalization of our everyday life ushers in an era when our privacy can hardly be guaranteed .To some extent,″the right to be forgotten″provides a solution to the digital alienation,but flaws remain .
2015 Vol. 1 (2): 68-78 [Abstract] ( 1668 ) [HTML 1KB] [PDF 2480KB] ( 3120 )
79 Shen Jian Jiang Sheng
The Conversion of Hugues Sureau du Rosier :A Case Study in the Dilemma of Private Belief in Sixteenth-century France
In the development process of Western Europe,the modernity was in close contact with the religion .The change in religion was an important symbol of modernity .For this reason,the investigation into the situation of private belief in Western European society of sixteenth century,which saw great society transformations,has its own research meaning .The conversion of du Rosier occurred after the St .Bartholomew's Day massacre was a typical case,which reflected the situation of private belief in this era .This article tries to investigate the problem of private belief reflected by this event and its deep-seated causes using the method of textual analysis . In fact,the conversion of du Rosier was not only affected by panic stirred by the massacre,but also an outcome of these two conflicting doctrine systems in the background of Reformation . His conviction on the doctrine of apostolic succession and rejection of transubstantiation directly resulted in his conversion .However,this event also demonstrates the dilemma of individual's choice in private belief in sixteenth-century France . Firstly,the Church institutions and prelates of this time controlled the establishment of doctrines,and the suppression of heretical ideas had become their most steady claim .Such suppression was not only conducted by the Catholic Church,but also by the Protestant Church,which was often suppressed by the secular authority and the Catholic Church after its emergence in sixteenth century but soon turned into the guardian of the religious order .The leaders of the Protestant Church believed that the heretical ideas would ruin the harmony and unity of the Church;therefore they called for the suppression of the heretics .This opinion indicates that even inside the Protestant Church,which was fighting for freedom of belief for itself,the ideas proposed by individuals would be suppressed when different with the doctrines of the Church . Secondly,the Church institutions had been infiltrated in sixteenth century by the secular authority,which had a great influence on the private belief .In this era,the remaining vassal system controlled the Catholic Church and the Protestant Church by virtue of the secularization of benefices and the protection which the Protestant Church asked for from the high nobles of France .For the French Protestant Church,the Huguenot political advantage,which took the place of the Calvinism,had become the crucial factor,which manipulated the followers' faith . Generally speaking,the private belief in the sixteenth century was suppressed by the secular authority and the religious institutions including the Catholic Church and the Protestant Church . However,the infiltration of the secular authority into the Church institutions also weakened the religious authority .It enhanced the importance of political advantage and political values while suppressing the private belief .This change gave an impetus to the emergence of the modern state from another aspect .
2015 Vol. 1 (2): 79-89 [Abstract] ( 783 ) [HTML 1KB] [PDF 2423KB] ( 1532 )
90 Zhu Jianping
Leibniz's Theory of Logic and Its Contemporary Influence
Leibniz was the last schoolman and the first modern logician .He invented different types of formalization of Aristotelian logic which in parts anticipated George Boole's calculus .But the logic of Leibniz is assuredly that part of his system that has been most neglected by historians of philosophy and mathematics .Philosophers,understandably seduced by his metaphysics,have accorded little form it assumed .Mathematicians,on the other hand,have looked to Leibniz primarily as the inventor of the differential and integral calculus and have been engaged neither by his general theories on the value and importance of the mathematical method nor by his attempts at applying algebra to logic,which they have contemptuously dismissed as metaphysics .As a result,neither group has fully grasped the principles of his system,nor have they been able to reach the source from which both the infinitesimal calculus and the Monadology flow . There is,of course,the excuse that Leibniz's logical essays have been published only slowly and very incompletely .Even today they are scattered piecemeal among various partial editions,most notably the two in s which Gerhardt has so unfortunately separated the mathematical and philosophical writings . As if one could dissect the work of an encyclopedic savant whose philosophy was nourished by the study of all the sciences and in turn inspired all of his scientific discoveries .If there is a thinker whose thought cannot be divided with impunity in this way,it is certainly the one who said :″My metaphysics is entirely mathematical,″or again,″Mathematicians have as much need to be philosophers as philosophers have to be mathematicians .″This artificial and arbitrary division between contemporaneous works that mutually depend on and illuminate one another has had the result of concealing the unity of the system and of hiding its true principles . Thus the absurd and deplorable schism between letters and sciences not only compromises the future of philosophy,but also falsifies its history and renders its past unintelligible by isolating it from the scientific speculations where it has always taken root .One sees readily that Leibniz's philosophy was bound to suffer more than any other,and within this philosophy his logic,precisely because it is the center of,and the link between,his metaphysical speculations and his mathematical inventions .
2015 Vol. 1 (2): 90-107 [Abstract] ( 1347 ) [HTML 1KB] [PDF 3327KB] ( 3194 )
108 Wen Xueping
Fallibilist Justification and Veritic Epistemic Luck :The Essence of Gettier Problem and Misunderstandings in It
More than half a century ago,the American philosopher Edmund Gettier proposed two classic counterexamples against the traditional tripartite analysis of knowledge .These counterexamples have brought a great problem for the definition of knowledge,which is called″the Gettier problem .″There has been endless debate among epistemologists about how to understand and solve it and a lot of misunderstandings of that problem have thus arisen . Firstly,the Gettier problem has been narrowly interpreted by some epistemologists as the problem of searching for a fourth condition that has to add to the justified-true-belief definition of propositional knowledge .In fact,the the Gettier problem aims to solve the paradox in epistemology which can be shown in the following three propositions :(1) Knowledge is justified true belief;(2) S has a justified true belief p;(3) S does not know that p .These three propositions can not be true at the same time because they are inconsistent .To solve this paradox,you can partly or completely deny any one or two of those three propositions . Searching for the fourth condition is but one of the many proposed approaches to the Gettier problem . Secondly,some epistemologists think that the Gettier problem results from the false premise of deduction,which directly leads to the no-false premise solution (NFPS) to the problem .NFPS can either be strict or moderate .As a strong advocate of strict NFPS,the Chinese epistemologist Chen Jiaming interprets epistemic justification as″verification,″and then views Gettier's counterexample of the ten-coin case not as an epistemic case but as the case of misusage of words .In fact,the strict NFPS is a disguised form of infallibilism which directly results in skepticism while the proponents of the moderate NFPS fail to make clear the meaning of″essentially″in the condition that″S's justification for p does not essentially depend on any false premise .″The failure of NFPS arises from the misconception about the fundamental structure of the Gettier problem,which is a combination of fallibilist justification and veritic epistemic luck .Fallibilist justification may cause the justifiers of proposition to separate from the facts asserted by the proposition . That is to say,the justifiers of proposition are inconsistent with its truth-maker,which will usually induce a falsehood .But the good luck called″veritic epistemic luck″ makes you magically avoid the falsehood and get the truth .In order to solve the Gettier problem,we should eliminate either the inconsistency between justifier and truth-maker or the effect of veritic epistemic luck .But you cannot eliminate the inconsistency completely;otherwise you will get into infallibilism .So it is a preponderant solution to the Gettier problem to eliminate the effect of veritic epistemic luck by means of the condition of″safety .″ Finally,some epistemologists think that knowledge can be lucky,which means that the epistemic agents in Gettier's counterexamples actually know the target propositions instead of not knowing .The claim is based on the idea that knowledge varies in degree .Lucky knowledge is at the edge of″knowing,″ but it is still″knowing″instead of″not knowing .″This argument hardly holds water because it begs the question .It is the case that knowledge is incompatible with veritic epistemic luck,but it is not the case that knowledge is incompatible with all kinds of luck .Furthermore,it is our universal intuition and day-to-day practice that knowledge excludes veritic epistemic luck .
2015 Vol. 1 (2): 108-119 [Abstract] ( 885 ) [HTML 1KB] [PDF 2330KB] ( 2106 )
120 Lao Xin Shen Tiyan Kong Yunlong
The Empirical Research on China's City Size Distribution :An Exploration Based on the Micro Spatial Data and City Clustering Algorithm

Zipf's Law is an important principle to determine city agglomeration and urban system rationality,which reflects the simple and accurate relationship between city size and its rank . Since the definition of cities in Zipf's Law has roused much controversy due to the too macro spatial scale that cannot exactly reflect the actual city size,scholars have moved on to the functional urban areas (city clusters) at the micro level,which breaks down the traditional administrative boundaries . To solve this problem,this article introduces a new method of defining city boundaries from abroad—City Clustering Algorithm to analyze China's city size distribution,that is,a″city″is defined as a maximally connected cluster of contiguous populated sites within a prescribed distance l and above a population density cutoff threshold D .These established city clusters are used to analyze China's city size distribution,with the sum of population of all populated sites within each city cluster as its population .The main findings of this article are shown as follows :First,China's city size distribution basically obeys Zipf's Law,indicating that the urban system based on employed population has a rank-size distribution,namely,a relatively balanced development of cities with different ranks .Second,by comparing the results of the city size distribution based on City Clustering Algorithm and the results at different scales of prefecture-level cities,counties,townships and streets,it has been proved that City Clustering Algorithm is an effective method to study the city size distribution,which breaks down the traditional administrative boundaries and makes up for deficiencies at both the macro (underestimating the number of small city clusters with a small sample of cities) and the micro (overestimating the number of small city clusters with data errors) level .Third,this method can reflect actual city sizes,making the results more scientific and reasonable;the effectiveness and robustness of this method have been verified by the related analysis of US,Great Britain and China (this article) .Last but not least,with regard to China's current new era of the urban and rural dual structure in transition and the abolishment of the boundaries between urban and rural areas,it is of great significance to define the urban functional areas (or city clusters) according to certain rules (just like the combination of the distance threshold and the population density threshold in this paper) and to set up China's cities based on the urban functional areas . However,there are two main deficiencies in this study :One is the lack of data accuracy at the micro level,which is obtained by matching the employment data of the second (2008) economic census data and the spatial map at the level of townships and streets in 2000 after data correction;the other one is lack of population data at the micro level,making it impossible to be compared with the result of employment data at the micro level .

2015 Vol. 1 (2): 120-132 [Abstract] ( 751 ) [HTML 1KB] [PDF 2485KB] ( 2534 )
133 He Huaiwen Chen Ruwen
Principles for Limiting Injunctive Relief for Infringement on Intellectual Property under Chinese Laws
Conventionally,intellectual property rights (IPR) are regarded as″property″and injunctive relief is required as automatical when infringement occurs,just like trespass upon property . This approach,however,would make intellectual property rights disproportionally strong and remedies improperly rigid .While intellectual property rights are absolute and can be asserted against anyone in the world,infringement does not happen in this highly generalized way .Rather,IPR infringement involves the interests of the IPR holder,the infringer,third parties and the public .When formulating remedies for IPR infringement,it is not always a good idea to permit injunctive relief regardless of the interests other than those of the IPR holder .In fact,injunctive relief is not the only and sole remedy for trespass upon real property .It should be noted that the creation of a right is distinct from the provision of remedies for violations of that right .When considering injunctive relief,courts should weigh all material interests with a view to remedying the legal order harmed by the infringement .Where courts lose sight of the big picture and allow permanent injunctions mechanically,IPR enforcement runs the risk of unmooring from the genius of IPR laws . The denial of injunctive relief,unlike compulsory licensing,statutory licensing and exceptions to IPRs,is not equal to confining the IPR involved .This relief should be denied where the enforcement would cause the infringer or the public to suffer harm disproportional to possible benefits to the right holder .In those cases,pecuniary damages along with corrective measures can be sufficient to remedy the IPR infringed .In this event,the interests of the IPR involved is not confined but fully recognized .Only the way to make it whole again is changed,not through injunctive relief,but through creative measures . Under the Chinese legal system,IPRs are not subsumed to the property paradigm .Statutorily speaking,courts are not required to allow injunctive relief when copyright,patent or trademark is infringed .Article 118 of the General Principles of Civil Law of P .R .China explicitly provides that the right holders″may″ask for injunctive relief .The Chinese Copyright Law,Patent Law and Trademark Law do not counteract this general principle . This does not mean,however,that there are no rules of law for courts to look at in considering denial of injunctive relief .Where infringement occurs,the infringer has obligations to the IPR holder,including the obligation to desist from infringement .Injunctive relief is the IPR holder's right to ask the court to enforce obligations arising from IPR infringement .In denying injunctive relief,courts should look at the rules of law under the General Principles of Civil Law (GPCL),Tort Liabilities Law (TLL) and Contract Law (CL) which apply generally to performance of obligations .Specifically,Art .4 GPCL provides that excise of rights should be in good faith and Art .7 GPCL forbids any excise of rights that would harm public interest or interfere with general economic order .Moreover,Art .110 CL permits exemption from specific performance of non-pecuniary obligations under the following circumstances : (1) performance is impossible de jure or de facto;(2) the obligation is unsuited for specific performance or the cost of specific performance is excessive;(3) the obligee fails to request specific performance within a reasonable period of time . In practice,Chinese courts do deny injunctive relief in special IPR infringement cases .While they did not explicitly cite those legal provisions mentioned above,case studies show that their legal reasoning can be subsumed to those statutes .Furthermore,in those cases,Chinese courts awarded ongoing royalties in combination with corrective measures in order to remedy the infringed rights vigorously,following the genius of Art .107 CL,which aims to make contract obligation whole upon breaching . Therefore,it is fair to conclude that the general rules of law applicable to performance of obligations in Chinese civil laws should serve as the principles for denying injunctive relief for IPR infringement . Where the relief is denied,damages and corrective measures should be awarded to adequately remedy the IPR infringed .
2015 Vol. 1 (2): 133-150 [Abstract] ( 1142 ) [HTML 1KB] [PDF 3353KB] ( 3610 )
151 Wu Yongmin Ma Junyan
New Interpretation of Lottery Contracts
It seems a highly-cited view that lottery contracts have dual attributes of sales contracts and aleatory contracts .Nonetheless,to put this standpoint as a prevailing qualitative theory of lottery contracts,there still remains three bones of contention : First,the establishment of lottery contracts focuses on the consensuses between the parties to a contract,and it also lays emphasis on the clean and effective executions and deliveries of lottery tickets .Thus,lottery contracts are typical real contracts .Second,lottery contracts do not share the same essence as ordinary contracts for sales,in spite of such external forms as″purchase″and″sale″in legislation,keeping in line with international practice,the phrase″prize winning donation″may be in better accord with the interests of lottery issuance and public welfare in China .Third,lottery contracts,as aleatory contracts,are similar in tool,to those for gamble,but in value,lottery tickets are franchised and issued by the state for the purpose of raising public welfare funds and promoting the development of public welfare establishments in China .Therefore,their legitimacy value originates from the purpose of public welfare behind lottery contracts . As far as the contracts for donation are concerned,they should go back to real contracts under specific conditions(e .g .,small amount of donations about which their recipients remain unclear),for the above-mentioned purpose of public welfare .The traditional opinion,arguing lottery contracts were donation contracts subjected to collateral obligations,was widely criticized for its excessive simplicity and indistinctness . In fact,lottery contracts,as prize winning donation contracts,according to the principles of lottery funds' expenditures and revenues managed separately,can be interpreted as dual models of contracts .The first is typical standard form of the-general-public oriented donation contracts .These contracts are established when the two parties concerned reach the consensuses about donation,and when the donator pays the money equal to the fixed face value of lottery tickets .Donation contracts are irrevocable because of their natures serving public interests or fulfilling moral obligations,such as disaster or poverty relief,etc .The second is that,for the lottery holders' part,donation contracts are bound with aleatory dissolving condition,namely,″not winning after drawing lottery .″With the consensuses about donation issues between lottery issuers and lottery buyers,the contracts are established by deliveries of clean and complete lottery tickets,which are irrevocable on account of notarization . The theory of dual models of donation contracts helps to solve effectively in sales contracts theory the three difficult problems of lottery buyers' supervisions over lottery public welfare fund,lottery prizes paid to juveniles,and identification and attributions of abandoned lottery prize .From the perspective of dual models of donation contracts theory,lottery tickets are vouchers which certify establishments of dual donation contracts,as well as,negotiable securities with which lottery buyers are allowed to claim for the prize money .The expectant rights created and indicated by lottery tickets will be attributed to elimination in case of no prize and otherwise translated into actual obligatory rights . The theory of dual models of donation contracts contributes significant value in practice .It can guarantee system interests and social public interests of the issuance management of lottery tickets,prevent and control moral hazards and other negative external factors of the issuance management of lottery tickets,create simple and highly efficient litigation channels between lottery buyers and lottery sellers,and finally,promote the lottery system development with better regulation and order under the market mechanism .
2015 Vol. 1 (2): 151-163 [Abstract] ( 1151 ) [HTML 1KB] [PDF 2836KB] ( 1816 )
164 Mao Rui Xu Jianwei
Labor Force Composition and Structural Change

Multi-sector neoclassical growth models up to date still largely remain at a highly aggregate level in explaining structural changes and inter-sectoral labor movements .By assuming a homogeneous labor force,they tend to have a limitation in revealing how individual characteristics affect structural transformations .This paper intends to reexamine these theories at a micro level of individual workers .With the 1986 2009 Urban Household Survey Data of China's National Bureau of Statistics,we match a person over years using the invariant information of his or her family .We find substantial differences in labor force compositions across sectors :the primary sector has the largest share of workers with an educational attainment of junior high school or below and male workers,whereas the tertiary sector has the largest share of workers with higher education levels and females .But the age and work experience compositions do not differ much . We establish a functional relationship between workers' individual characteristics and their sector-switch choices based on a theoretical model,and derive an empirically testable multinomial-logit model from the relationship . Individual characteristics are gender,age,educational attainment,danwei type,job type,and work experiences .We notice industrial characteristics can also affect workers' sector-switch choices,so we control each industry's labor share in SOE and collectively owned firms,productivity growth rate,and an additional fixed effect .We finally control the real GDP per capita of each worker's province according to structural change theories . The multinomial-logit model is estimated by the panel data matched from Urban Household Surveys .We find that for people who have already been working,females tend to join the primary sector with a lower probability but the tertiary sector with a higher probability;a higher education level and vocational education encourage workers to join the tertiary sector;people with a white collar job also tend to leave the primary sector and join the tertiary sector;work experiences exert a nonlinear effect,which is firstly negative and then positive,on the probability to join the tertiary sector .For people who start to work for the first time,gender,age and a college or above degree are key factors to determine their sector choices .In particular,females and college graduates are more likely to join the tertiary sector,while age have a nonlinear effect,which is also negative first and positive later,on this probability .As to industrial characteristics,we find that a higher share of SOE and collectively owned firms workers discourages people to leave the primary sector and join the tertiary sector,but these effects are partly mitigated by a productivity growth in the primary sector . In the meantime,a productivity growth in the secondary sector induces people to leave the primary or secondary sector for the tertiary sector,whereas a productivity growth in the tertiary sector does the opposite .Finally,consistent with structural change theories,higher income leads workers to leave the primary sector and join the tertiary sector .With robustness checks,we find these results valid at more detailed industry levels and in different periods .This study sheds light on making industrial policies compatible with the country's labor force composition and choosing the proper engine to facilitate the country's structural changes .

2015 Vol. 1 (2): 164-183 [Abstract] ( 1288 ) [HTML 1KB] [PDF 3158KB] ( 1664 )
184 Jin Jianren Zheng Shuang
The Justice Theory of the Tragic Spirit
The persistent prosperity of tragedy as a literary form could be partly attributed to the fact that the spirit of tragedy has a positive meaning in terms of human survival philosophy .The tragic spirit does not point to pessimism,instead to transcending the will and helping one to surmount the limit and achieve the infinite on the aesthetic level .One effective way to illustrate this point is exploring the tragic spirit from the perspective of justice theory .Firstly,in terms of the occurrence of tragedy,the writers recognize the objective existence of the pluralism of justice and debate between justices,and they demonstrate these in the form of tragedy;secondly,in terms of the form of tragedy,irrational characteristics were embodied in the pursuit of justice and self-surmount and were manifested in the form of tragic Bacchus;and finally,in terms of the aesthetic effect,tragedy is the conscious reflection of justice,which aims at constructing the universal standards of justice and an impartial social order .Human being is actually a contradictory existence between rationality and emotionality,and life is the eternal battlefield of Apollo and Dionysus .The tragic spirit entailed in the justice theory reflects this complexity,and it admonishes us to be dialectical and comprehensive when thinking about the tragic issues related to justice . The first innovation of this article is its novel perspective .In the past,the tragedy spirit was mostly discussed from the view of humanism .This article,however,starts from the relationship between western tragedy spirit and human justice and thus enables a natural but logical discussion .This provides both an excellent academic vision and a new methodology to understand the relationship between tragedy and justice .The second innovation lies in the level of axiology . This article combines the western tragedy production and rational reflection and proposes,in the horizon of human ontology,that tragedy spirit and its embodied enterprising forces have been driving the evolution of justice .The tragic spirit is a type of transcendent thinking,by which the finite human life could achieve infinity by means of noble virtues .The existential inspiration we could derive therefrom is that one could die,but he could never be defeated .The third innovation is the structure . The justice theory of the tragedy spirit is addressed from three respects,namely the occurrence theory,the form theory and the effect theory,corresponding respectively to its origin,procedure and result . This article mainly uses the methodology of documentary research,supplemented by the methodologies of comparative research,history and cultural research,systematic research,etc . It conducts a comprehensive survey on the history and current status of tragedy and justice and demonstrates their internal relationship .Of course,the tragedy and justice issue itself involves literature,history,politics,philosophy and other academic fields,and its inherent speculative relationship is complicated .Owning to the author's constraints of knowledge and capacity,this article dose not probe into the relationship between the aspects of art and philosophy in tragic spirit .This needs to be addressed by further studies .
2015 Vol. 1 (2): 184-191 [Abstract] ( 918 ) [HTML 1KB] [PDF 1886KB] ( 2439 )
192 Lu Guoyao
Reading Notes on Literature,Philology and Philosophy
Su Shi's When will the moon be clear and bright ?—to the tune of Shui Diao Ge Tou was deeply influenced in multiple ways by previous poets .The origin of the last five lines,namely″Men have sorrow and joy;they part or meet again;the moon is bright or dim and she may wax or wane .There has been nothing perfect since the olden days .So let us wish that man will live long as he can !Though miles apart,we'll share the beauty she displays .″can be found in Kou Zhun's Yangguanyin .″Li″(subject) and″Li″(minor official) were of different social ranks,and they were actually on opposing sides .The subject″Li″were forced to carry out all kinds of hard labor,while the task of the minor official″Li″was guarding the frontier .When annotating the Prelude to Shuowen Jiezi,Duan Yucai arbitrarily changed″assigning subjects and rank-and-file soldiers to hard labor and frontiers″into ″assigning minor officials and rank-and-file soldiers to frontiers and hard labor .″This is an incorrect change . Literature from the past and unearthed is limited,giving birth to different conclusions as to the rhymes of ancient Chinese .It is difficult to decide who is right and who is wrong,which is also a universal dilemma in the study of ancient history and culture .
2015 Vol. 1 (2): 192-199 [Abstract] ( 656 ) [HTML 1KB] [PDF 3063KB] ( 1584 )
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