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JOURNAL OF ZHEJIANG UNIVERSITY 2017 Vol.3 Number 6
2017, Vol.3 Num.6
Online: 2017-11-10

Article
 
Article
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2017 Vol. 3 (6): 1- [Abstract] ( 425 ) [HTML 1KB] [PDF 1446KB] ( 674 )
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2017 Vol. 3 (6): 4- [Abstract] ( 499 ) [HTML 1KB] [PDF 0KB] ( 52 )
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2017 Vol. 3 (6): 5- [Abstract] ( 205 ) [HTML 1KB] [PDF 0KB] ( 33 )
6 Duan Zhiwen Yang Guang
The Four Forms of Chinese Deliberative Democracy Development

There is more than one form of democracy. Democracy is diversified, so is deliberative democracy. Chinese deliberative democracy is a great creation realized by the Communist Party of China on the basis of its practice of leading in the country's revolutions, constructions, and reforms. The earliest form of Chinesedeliberative democracy was the inter-party deliberative democracy, which was developed in its theory and practice from the united front to the multi-party cooperation, the inner spirit of which was to pursue consensus while recognizing the equal status of different parties and to create a win-win situation via communications and negotiations. It reflected the ideas of consultation and democracy that were consistently implemented by the Communist Party of China and resulted in the formation of inter-party deliberative democracy. The inner-party deliberative democracy was practiced in correspondence to the inter-party deliberative democracy. As the important performance of the inner party democracy of the CPC, it took shape from the practiceof the policies from following the mass lines to practicing people's democracy, in the process of which, to make the people as the masters of the country was taken as the preferred values, which in turn became the foundation of the inner-party deliberative democracy in many perspectives. Social deliberative democracy was started in the social transformation after the establishment of the new China and was moved forward in the second social transformation actualized by the socialist reform and development. Especially sinceChina's reform and opening-up policy, when the social relations and the social structure have undergone major changes, to deal with and to coordinate the conflicts among various interest groups and to meet the needs of the times, the Communist Party of China has infiltrated deliberative democracy from the politics to society and therefore has further promoted the formation of the social deliberative democracy. In the 21st century, with the deepened reform and opening-up policy, the contradictions among various sectors of the society are unprecedentedly intense. In order to coordinate the complicated and complex interest relations, the Communist Party of China creatively extends the deliberative democracy to the field of public affairs, advocating equal dialogues and negotiations for the harmonious coexistence of various interest groups and for the dynamic unity of a diversified society, promoting the formation of the public deliberative democracy. In short,in the history of its development from the united front to multi-party cooperation, from following the mass line to people's democracy, in dealing with and coordinating the conflicts among various interest groups, in learning from history and bringing forth the new ideas, the Communist Party of China has realized step by step the inter-party, inner-party, social and public deliberative democracy. Among the four forms of democracy, the first two extend horizontally, focusing on the political negotiations. While the political, social, and public deliberative democracies extend vertically and hierarchically, demonstrating a logic deepening from the nation's political level to the nation-society interaction level, and then to the nation-society-citizen interaction level. Chinese deliberative democracy is one of the important results of the localization of Marxism in China, is a significant form of the socialist democracy with Chinese characteristics, and is a unique contribution to the civilization of human democracy.

2017 Vol. 3 (6): 6- [Abstract] ( 893 ) [HTML 1KB] [PDF 1439KB] ( 1703 )
17 Lang Youxing Zhang Pin
The New Development in the Deliberative Democracy and Chinese Practices' Overpassing of the West: The Study on Deliberative Democracy Practice of Chaoyang District in Beijing

The deliberative democracy practice, both in China and abroad, have made a great achievement in many aspects. However, in fact, the deliberative democracy practices in western countries, such as consultative polls, citizens' juries, subject group and citizens' assemblies, fail to answer the four theoretical questions for the deliberative democracy known in the politics academic community. Firstly, the uncertain relation between representative democracy and deliberative democracy blurs the target of the latter one. Secondly, the fairness of agenda setting in deliberation process is impeded by the imbalance of power among the actors in deliberation. In addition, the content and the scope of deliberative issues are uncertain. Last but not the least; it is quite difficult to make consensus through the implementation of deliberative democracy in western countries to take effect in the original institutional system. The deliberative co-governance system of party and people in Chaoyang district of Beijing answers the academic questions in some key aspects about the theory and methods of the western deliberative democracy. Firstly, the relationship between deliberative democracy and representative democracy is made clear by institution and system building, which enables deliberation to target at public needs even with a weak representative system. Secondly, the imbalance of power in agenda setting is solved in this co-governance system by the officials' sharing decisive power with the grass-roots. Moreover, the uncertainty of content and scope in western deliberative democracy is reduced by widely absorbing public opinions through opinion polls, public hearing, etc. At last, a supervision and assessment system is set up, which empowers different subjects to monitor the project and its process and ensures the implementation of deliberative conclusions. In this article, it is stated that the practice in Chaoyang district represents a new way to institutionalize deliberative democracy, surpassing the existing experience of deliberative democracy. Firstly, compared with Wenling case in Zhejiang province, which institutionalizes the deliberative democracy by combining with the local people's congress system, Chaoyang case steps further. In the co-governance system in Chaoyang, effectiveness and legitimacy are improved by embedding deliberation into the core areas of Chinese characteristic party-governance system. Moreover, accompanying with the engagement and process of institutionalization and systematization, Chinese deliberative practices surpass the western experience. Instead of surrendering to the ″legitimate″ practice of western deliberative democracy, Chaoyang district develops a new path to apply deliberative democracy for the sake of Path-Dependence on the original party-governance system, which imbeds deliberative democracy into the unity system of the party and the government. However, the above process does not follow the original governance path, it creates a new path with the embedment of new institutional elements. This new path can be called ″governance driven democratization.″

2017 Vol. 3 (6): 17- [Abstract] ( 639 ) [HTML 1KB] [PDF 1342KB] ( 683 )
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2017 Vol. 3 (6): 18- [Abstract] ( 251 ) [HTML 1KB] [PDF 0KB] ( 36 )
29 Chen Jianjun Qiu Derong
Research on Regional Resource Misallocation from the Perspective of Intermediate Input: Micro Evidence from Chinese Industrial Enterprises

The economies of large countries are different from those of small countries, and regional coordinated development is a prominent and important theoretical issue for large countries. The intra-regional and inter-regional misallocation of resources will be one of the most important factors that impede regional coordinated development, highlighting the importance of identifying the endogenous factors of resource misallocation. At present, the major part of the study on resource misallocation is conducted within the Hsieh & Klenow (2009) Framework and the General Equilibrium Framework, both of which attach great importance to the initial investment at the starting point of production and neglect the investment in the production process, which easily leads to the overestimation of resource mismatch. To approach the issue, this article focuses on the investment in the production process, and includes it in the production function together with the initial investment. Under the general condition of variable returns to scale, the article proposes a three-element resource mismatch accounting model which includes capital, labor force and process investment, and derives a specific approach to estimating the potential output capacity. On the basis of this theory, the article uses the microcosmic data of the database of Chinese industrial enterprises from 2001 to 2007 to estimate the resource mismatch and the potential production capacity of each region in China, and to study how the energy input affects the mismatch of regional resources. The following three findings are reached (1) Compared to the two-factor HK Framework, the three-factor accounting framework which includes the initial investment and the process investment can significantly reduce the overestimation of resource mismatch. (2) At the mismatch level, in the sample period, the mismatch situation of Chinese manufacturing industry has gradually improved. The problem of resource mismatch in China is most prominent in capital elements, and the importance order of factor resource mismatch is: capital> labor force> process investment, with the degree of mismatch of the latter two being very close. (3) In terms of the spatial pattern of resource mismatch, the capital mismatch is concentrated in the central and western provinces, and the labor mismatch is concentrated in the central and western provinces. The mismatch is mainly distributed in the provinces dominated by heavy chemical industry. (4)The process investment of energy sources have had a significant impact on regional resource mismatches, among which energy efficiency can reduce the mismatch of capital, labor, and process investment at the level of efficiency. However, at the quantitative level, the energy gap and energy loss exacerbates the mismatch between labor force and process investment, but does not have significant impact on capital mismatch. The proportion of heavy chemical industry will intensify the mismatch, and the impact of financial subsidies and foreign investment is uncertain. On the basis of theory and empirical studies, we put forward the following policy suggestions: First, gradually adjust China's energy-based energy structure, speed up energy efficiency, promote China's energy marketization process, and gradually straighten out benign alternative or complementary mechanisms of process investment and capital and labor. Second, promote the construction of a comprehensive modern energy transportation system, cut energy losses and reduce the distortion of industrial production factors. In addition to the basic energy transfer function, the comprehensive utilization of the energy transport system also has the function of optimizing the allocation of energy and environmental resources.

2017 Vol. 3 (6): 29- [Abstract] ( 454 ) [HTML 1KB] [PDF 1373KB] ( 1178 )
45 Wang Jinjun
The Mechanism of Government and Society Interaction: The Interactive Evolution Logic among Central Government, Local Government and Social Self-governance

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2017 Vol. 3 (6): 45- [Abstract] ( 743 ) [HTML 1KB] [PDF 1339KB] ( 1813 )
58 Yao Zheng Yang Bo Hu Mengjie
Research on the Influence of Contract Types on the Growth Performance of Venture Enterprises in the Context of Venture Capital Reputation

Venture capital firms normally provide funds or value-added services in exchange for equity in early-stage enterprises that are deemed to have high growth potential. China's venture capital market has seen rapid growth due to policies promoted by the government and it has become the world's second-largest market for venture capital investments after the United States. Thriving as the market is, problems in the relationship between venture capital firms and venture enterprises should not be neglected. As the informed player with the most comprehensive information, venture enterprises have an inborn edge regarding information on venture capital. Since agency risks emerging from asymmetric information often lead to failed investments, contracts are commonly adopted today in stimulating and restraining the activities of venture enterprises. The paper is based on first-hand research data on venture capital obtained from the questionnaires handed out to a wide range of respondents. The detailed processes and results of the questionnaire will be stated in the text. According to the acquired data, the paper sets an explained variable (i.e. the venture enterprise's growth performance), an explanatory variable (i.e. the contracts—the neo-classical contract and the relational contract) and other control variables, and introduces the factor of venture capital reputation to differentiate among various sample groups. The paper also sets up four regression models based on the research hypotheses by examining four situations where the contracts are either used separately or jointly in the context of a higher or lower reputation. Meanwhile, the paper uses robustness testing to verify the research results. The results of the robustness testing are consistent with those of regression analysis. The research results show that the neo-classical contract and the relational contract both contribute to company's growth performance when used separately, but the relationship between these two contracts differs in higher or lower reputation. Specifically, the neo-classical contract reduces information asymmetry between venture capital firms and venture enterprises by means of stipulating both parties' responsibilities and duties with the help of detailed contract clauses, while the relational contract facilitates the cooperation between the two parties based on implicit consensuses on roles, responsibilities, company's operation and other topics. Reputation not only reflects venture capital firms' levels of expertise and decision-making ability, but also determines the quality of the invested venture enterprises. From the view of signal theory, venture capital firms with a higher reputation send out a signal that the invested enterprises may have greater potential and reap larger profits. The research indicates that for venture capital firms with a higher reputation, either the neo-classical contract or the relational contract alone can help realize their investment goals thanks to the firms' professional decision-making ability and their high quality. In contrast, for venture capital firms with a lower reputation, their expertise may stay at a low level and the invested enterprise may be of poor quality. Under this circumstance, the combination of neo-classical contracts and relational contracts is conducive to their performance growth on account of the complementary relation between these two forms of contracts.Instead of focusing on the single contract, this paper delves deeply into different forms of contracts in venture capital and produces comprehensive research results. It proves that both contracts, i.e. neo-classical contract and relational contract, contribute to venture growth. In the meantime, venture capital reputation is introduced as a standard to further study how the various forms of contracts affect the enterprise's growth performance. It is hoped that this research may provide a fresh approach to studying contracts in the field of venture capital.

2017 Vol. 3 (6): 58- [Abstract] ( 668 ) [HTML 1KB] [PDF 1341KB] ( 957 )
74 Chen Aihua Zou Xiaodong
Collaborative Innovation Mechanism of Industry-University-Institute Knowledge Alliance Based on Inter-organizational Learning: An Empirical Study on Enterprises

How to promote the collaborative innovation of Industry-University-Institute knowledge alliance is an academic focus and a realistic problem. This article explores the collaborative innovation mechanism of Industry-University-Institute knowledge alliance from the enterprise perspective. This article draws the following conclusions: (1) The individual-individual mode and the organization-individual mode in knowledge sharing modes have extremely significant positive effects on enterprises' innovative performance, and the organization-organization mode in knowledge sharing modes has a very significantly positive effect on enterprises' innovative performance. The enterprises in Industry-University-Institute knowledge alliance can promote their innovation performance through knowledge sharing. although scholars in knowledge management field have reached a consensus for it, there is few literature which classify knowledge sharing modes and validate the effect of different modes of knowledge sharing on enterprise's innovation performance based on empirical study. This article examines the degree of positive effect by analyzing 326 valid questionnaires, the result of which bridges the research gaps. (2) Theinter-organizational learning has an extremely significant positive effect on enterprises' innovative performance. The empirical result of this study provides a theoretical support for an increasingly collaborative innovation practice among Industry-University-Institute knowledge alliance. However, it is important to note that the individual-individual mode and the organization-individual mode in knowledge sharing modes respectively have significant and extremely significant positive effects on inter-organizational learning, but the organization-organization mode in knowledge sharing modes has a negative effect on knowledge creation in inter-organizational learning. The negative effect is not significant, but its reason should be explored further. Based on the perspective of resource and transaction cost, the Industry-University-Institute knowledge alliance just provides the opportunities of acquiring external knowledge for every organization, but whether it can take advantage of these opportunities for creating knowledge depends on the synergy of cultural identity, communication mechanism, interest mechanism, absorption capacity and ecological environment in alliance. The individual-individual mode and the organization-individual mode have higher flexibility, they are seldom affected by the above factors, hence more likely to help acquire and create knowledge. (3) The intermediary effect of inter-organizational learning in the relationship between the individual-individual mode in knowledge sharing modes and enterprises' innovative performance is partly established, the intermediary effect of inter-organizational learning in the relationship between the organization-individual mode in knowledge sharing modes and enterprises' innovative performance and the intermediary effect of the knowledge acquisition in inter-organizational learning in the relationship between the organization-organization mode in knowledge sharing modes and enterprises' innovative performance are fully established. The study conclusion proves that knowledge transfer parties in the Industry-University-Institute knowledge alliance can promote the innovation performance through inter-organizational learning; however, it has discovered that lacks extent and depth to some extend. The collaborative innovation of Industry-University-Institute knowledge alliance fails to improve enterprises' innovative performance based on the organization-organization mode and through knowledge creation.

2017 Vol. 3 (6): 74- [Abstract] ( 564 ) [HTML 1KB] [PDF 1349KB] ( 819 )
88 Zhao jun Gan Yanyan
Healthy Interactions between the Changing International Economic and Trade Rules and Cross-border E-commerce Legislation

This article examines the interaction between the international economic & trade rules and the domestic cross-border e-commerce legislation; and proposes measures to promote the positive interaction between China's domestic legislation and international rules in the field of cross-border e-commerce, so as to better promote the orderly development of cross-border e-commerce. The first part of this article is the introduction of the international and domestic rules relative to the cross-border e-commerce. The article summarizes its changing trend, namely, that the domestic legislation tends to change from zero to one, from miscellaneous to united; whereas internationally, the e-commerce as a new issue has been incorporated into the international economic and trade rules. In addition, the new regional rules and the bilateral ones are far more comprehensive than the multilateral rules, serving as the foundation for the formation of the new multilateral e-commerce rules in the future, and as a good international background for the interaction between the domestic legislation and the international economic and trade rules. The second part of this article examines how the domestic legislation of e-commerce and the international economic and trade rules interact with each other. The article points out that the influences of the domestic legislation on the international rules of e-commerce include: laying the foundation for the formation of international rules of cross-border e-commerce; practically implementing and supplementing international rules; and promoting the further reform and improvement of international rules. This part also emphasizes the conditions under which the domestic rules can spread to the world: (1) the domestic rules need to be forward-looking; (2) the country has the capability of outputting the rules, namely, has the international influence and the discourse power of rulemaking; (3) the incentives such as being in line with the national interests, etc. The international economic and trade rules' impacts on the domestic legislation include: (1) domestic legislation will be restricted or limited by the signed or acceded international economic and trade agreements to a certain extent; (2) the international rules of cross-border e-commerce play an exemplary role and provide experience for the domestic legislation. The third part of this article puts forward some suggestions on how to promote the positive interactions between China's e-commerce legislation and international economic and trade rules. First of all, China should actively participate in bilateral, regional, and multilateral negotiations about economic and trade rules, and strive to better master the discourse power in the international economic and trade rulemaking, especially in cross-border e-commerce rulemaking. Second, China should, in a timely manner, adjust domestic legislation and pursue adjudication as well as implementation in accordance with the international rules, to promote the harmonization and unification of the international and domestic e-commerce rules. Third, China ought to strengthen the investigation and research on the domestic and international e-commerce rules, and actively absorb and learn from the international community's legislative experience and advanced practice according to the specific national conditions. Finally, it should integrate various push powers to strengthen the innovation research on the rules relating to the cross-border e-commerce. After forming a series of cross-border e-commerce rules which are relatively scientific and comprehensive, China could constantly supply more advanced model rules to the international community through a gradualist approach, namely, start from the bilateral level, and then spread to the regional as well as multilateral level. The main innovative part of this article is that it is based on the perspective of the rules' interaction, focusing on the cross-border e-commerce rules to explore the interaction between international economic and trade rules and domestic legislation. At present, the international and domestic societies are both constantly exploring and improving the relevant rules of cross-border e-commerce, the characteristics of which determine that the harmonization and interactions between those at international and domestic levels are very necessary. Therefore, this discussion is of great significance to both theory and practice.

2017 Vol. 3 (6): 88- [Abstract] ( 625 ) [HTML 1KB] [PDF 1359KB] ( 1847 )
103 Zhu Xiaofeng
Liability and Justification Basis of Spouse Right Infringement

Could the tort law apply to the spouse right infringement or spouse relationship infringement? If it can, then how? These questions have always been the focus of tort theories in China. However, the relevant studies do not reach agreement on this issue. Consistent with the divergences in theory, there are also disagreements in the Chinese judicial practice in resolving cases of spouse right infringement, threatening the certainty and predictability of legal rules and impacting the dignity of the law itself. In this context, it is of practical value to examine the basic positions of the existing tort law against the spouse right infringement, the specific protection rules and the legitimacy governing the issues. In fact, in the current tort law, even if the spouse right are not clearly recognized by the statute law, it can, through law interpretation, still be protected by general clauses such as Article 6 in conjunction with Article 2 of the Tort Law of the People’s Republic of China, Article 106 Paragraph 2 of the General Principles of the Civil Law of the People’s Republic of China or Article 120 in conjunction with Article 11 and Article 8 of the General Provisions of the Civil Law of the People’s Republic of China and so on. The compensation rules established by Article 46 of the Marriage Law of the People’s Republic of China are special provisions and should take priority over general clauses in dealing with relevant cases. According to Article 46 of the Marriage Law of the People’s Republic of China and relevant judicial interpretations, the unerring party has the right to claim damages against the erring party based on Article 6 in conjunction with Article 2 of the Tort Law of the People’s Republic of China, Article 106 Paragraph 2 of the General Principles of the Civil Law of the People’s Republic of China or Article 120 in conjunction with Article 11 and Article 8 of the General Provisions of the Civil Law of the People’s Republic of China, the unerring party has the right to claim damages against the third party who violates the duty of care. Since the acts of the wrongdoer in the marriage who is liable for compensation and the third party who infringes the spouse right involve two or more persons in committing torts, they then, in accordance with Article 8 or Article 12 of the Tort Law of the People’s Republic of China, should assume joint and several liability or proportionate liability. If the unerring party only files tort liability claims against the third party and gives up claim for compensation against the erring party, the unerring party’s right to claim for compensation cannot be negated and it is necessary to determine whether the third party should assume tort liability according to the general provisions of the Tort Law. The right to claim damages for the spouse right infringement, of course, is subject to the system of limitation of action. The application of this system requires a balance between the freedom and the protection of marriage and family. When the unerring party claims damages against the third party according to the Tort Law, the limitation of action should be that stipulated by the first half sentence of Article 135 of the General Principles of the Civil Law of the People’s Republic of China(Paragraph 1 and the first sentence of Paragraph 2 of Article 188 of the General Provisions of the Civil Law of the People’s Republic of China). When the unerring party claims damages against the erring party in accordance with the Marriage Law of the People’s Republic of China, the limitation of action should be the one stipulated by the last part of Article 135 of the General Principles of the Civil Law of the People’s Republic of China (the second sentence of Paragraph 2 of Article 188 of the General Provisions of the Civil Law of the People’s Republic of China). China’s tort law, when dealing with cases of spouse right infringement, usually takes a highly stringent attitude. This is consistent with the traditional Chinese legal system and the corresponding social values. Even though the modern social life and the corresponding legal system in China have undergone profound changes, the traditional factors are still hidden in the people’s ideas and daily life, influencing the contemporary legal practice in various ways. In the case of spouse right infringement, the judicial practice punishes the act of infringement by supporting the unerring party’s right to claim damages, which is at present in line with people’s natural feelings and has its legitimate basis. However, as times change, emotions demanding punishment for infringing spousal relationship may give way to freedom itself.

2017 Vol. 3 (6): 103- [Abstract] ( 718 ) [HTML 1KB] [PDF 1364KB] ( 969 )
121 Yao Zhiwei
Regulation of Platforms: Challenges Faced by the Advertisement Law and Its Responses in the Internet Age

With the unfolding of the Internet age and advertisements thriving on the Internet, the huge amounts of online advertisements and the emergence of the online advertising platforms brought severe challenges to the previous advertisement law. In response to the challenges, the advertisement law has been revised. One of the most important modifications is the introduction of a new online advertisement subject-the Internet information service providers(IISP). Compared to the previous studies, this article conducts a systematic analysis on the legal nature and obligation model of IISP specified in the new advertisement law. IISP provides the third party platform services of making online advertisements. From the perspective of law, IISP is a type of Internet service provider (ISP). The new advertisement law stipulates the legal obligations of IISP and clarifies their obligation model as ″stop everything illegal if known or should be known,″ which is a third party obligation defined by the administrative law and which is not new in the Internet regulation. However, the obligation model in the new advertisement law is different from the usual models that were featured in the early stage with the process of ″detecting unlawful act-curbing-reporting″ and that were developed into ″monitoring(inspecting)-detecting unlawful act-curbing-reporting.″ The obligation model in the new advertisement law uses the expression ″clearly know or should know″ stemming from civil law instead of using administrative obligation wording ″detect.″ The implication of ″clearly know or should know″ in the new advertisement law, ″should know″ means that IISP is not liable for examination in terms of administrative law but liable for reasonable attention. This article particularly emphasizes the difference between examination obligation and attention obligation and clears up some misunderstandings about it. Examination obligation requires IISP to take active and initiative action to examine the content on the platform in detail and adopt necessary curb measures in a timely manner upon any discovery of unlawful act. In contrast, attention obligation does not require IISP to examine in detail, but to take necessary measures in a timely manner, or take certain technical precautions, such as technical filtering mechanisms, to prevent illegal content on the platform. Therefore, the attention obligation of IISP requires that IISP take technical measures to identify and control illegal advertisement content and take necessary measures to curb obviously illegal content. As to ″curb″, different IISPs can take different necessary measures and should take proper necessary measures based on their roles in the advertisement issuing process.

2017 Vol. 3 (6): 121- [Abstract] ( 1944 ) [HTML 1KB] [PDF 1340KB] ( 2156 )
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2017 Vol. 3 (6): 133- [Abstract] ( 341 ) [HTML 1KB] [PDF 0KB] ( 46 )
134 Chen Luxi
What Is the History of Education?

Nowadays, the focus on the utility of the history of education has strongly perturbed the academic researches in the history of education. It demands that the history of education serve directly the history of education as a discipline, to serve directly the reality, and to serve directly politics and policy-making. All of these demands originated in the uncertainty of the research and application of the history of education with the understanding that the history of education is a knowledge based on natural sciences but not a knowledge based on the liberal arts, a type of thinking that originated in the worship of Scientism at the beginning of the 20th Century. This research tries to deny the understanding of the "history of education" based on the simplified explanation of the "Scientism" paradigm and to discuss the "history of education" as an academic research field, including the paradigms that are associated with it. This means that this type of research attempts to separate the understanding of the "history of education" as an academic research field from the field of applied knowledge. It attempts to discuss the different meanings of ″truth″ and ″reality″ embraced in the understanding of ″truth″ (Wahrheit) and answer the question of ″what is the history of education″ as a science (Wissenschaft). The research indicates that with regard to the question ″what is the history of education,″ the history of education is the historical presentation and historical interpretation based on the historical record of the education in the past that is constructed by the educational historians whose ″noble dream″ is to make the interpretation of the educational history as much as possible close to the educational reality of the past, verified by the historicism doctrine, which will be the unique purpose and mission of educational historical researches. However, when we talk about the verification by the historicism doctrine, it does not mean that the research on the history of education can find the truth of our educational past, nor can we recreate the educational past. It means that the research on the history of education should ensure that what he talked about was the reality or past actuality of education. The professional historian should delve deep into the past world to understand the past of the education, to understand the educational ideas, faiths, and practices in the context of past social circumstances, ideas, thoughts, and structures. All of this was decided by the unique paradigm of the educational history that the history of education was neither a science nor an art. It used the daily languages and patterns of manifestation, or it borrowed concepts from science or the arts to present its own meaning and to construct the mansion of educational history. The value of the history of education cannot be calculated by its ability to serve direct action. It should be the kind of research that is not involved in any practical interests but focuses only on spiritual satisfaction. It asks the researchers in the history of education to perform the research just for pure academic interests; to find out the real questions and values of education in the real historical, cultural, social, political, and economical context; to really understand the historical culture deeply, whether at home or abroad, and to help us understand ourselves and each other.

2017 Vol. 3 (6): 134- [Abstract] ( 739 ) [HTML 1KB] [PDF 1300KB] ( 1141 )
142 Zhu Jikang
The European and American Scholars' Ideology about Preschool Education of Games and Toys Introduced by the Publications in the Republic of China

During the period of the Republic of China, the European and American scholars made significant progress on the studies of games and toys in preschool education. They generally acknowledged the value of games and toys in preschool education. Some of them tried to realize the function of games and toys in preschool education by encouraging children to play . As a main site of the propagation of educational ideology, the publications during the Republic of China introduced those scholars' researches about the games and toys in preschool education to China. There were three main aspects in these introductions: The first was the introduction of the European and American scholars' meta-notions on games and toys. Some European and American scholars believed that conducting games and playing with toys should be the main content of children's activities because children like games and toys out of instinct. They had a variety of elaborations on this argument and had them tested clinically. Most of them believed that it is the young children's instinct that drives them to play games and play with toys, which to some extent can guide the practice of early childhood education. Meantime, many of them believed that endowing children's games and toys with education connotation met the requirements of the time and the objective needs of human development. They also believed that the value of games and toys can not only help children work in their adulthood, but also have a positive effect on their physical and mental development and on their emotional cultivation. The second was the introduction of the possibility of achieving the preschool educational functions of games and toys. European and American scholars generally endorsed this possibility and sorted out the games and toys according to their respective preschool functions. In upholding the theoretical assumption that games and toys can be greatly beneficial for children's physical and mental development, they believed that there was an organic link between games, toys and preschool education; realizing the function of preschool education is rooted in the games and toys; the games and toys should be designed to tie to education. This research ignited the improvement of the relevant decision-making among governments and of the people's social consciousness, and promoted the development of toy industry in the world. The publications of the Republic of China also introduced and studied foreign countries' toys, as was evident in China's toy industry at that time. The third was the introduction of how to use games and toys in preschool education. They believed that children could made gradual progress in physical and emotional development by hints, suggestions and guidance when they are playing. When applying these methods, teachers should hold the principle of timely and individualized instruction. The publications of the Republic of China also demonstrated some methodology of realizing the function of games and toys in preschool education. The above three viewpoints introduced in the publications influenced the researchers in the Republic of China and promoted the progress of early childhood education.

2017 Vol. 3 (6): 142- [Abstract] ( 561 ) [HTML 1KB] [PDF 1320KB] ( 1334 )
152 Wu Xiuming
The Study of Historical Conception on ″Historization″ of Contemporary Chinese Literature: From Political and Revolutionary Perspectives

The ″historization″ of contemporary Chinese literature is a retrospective investigation guided by the historical concept. After the influence of ″Re-evaluation″, ″Rewriting″ and ″Rearranging″ in the 1980s, literary historization now faces a new ″historical reconstruction.″ There are two unavoidable questions that need to be addressed. Firstly, after discarding subordinate theory and political determinism, how does literature (dis)avow its political engagement Secondly, how do we use literature to expatiate revolution, after abandoning the theory of class struggle To answer these questions concerning the originality and fundamentality of contemporary Chinese literature, we need contextualize them in historical process, so that not only can we reveal its historical logic, but also discover unbiased dialogics recognizing its homogeneity and heterogeneity. Furthermore, contemporary Chinese literature shares a ″consanguineous tie″ with politics and revolution. It would depart greatly from this reality, should we seek to depoliticize and de-revolutionize literature in order to safeguard its so-called independence and purity.  For a long time, there has been a conspicuous trend of historical politicization in the field of contemporary Chinese literature. (In)correct political stance once became the sole evaluation criteria for literary studies. Although this situation has changed drastically since 1990s, it was also rendered that the actual practice between literature and politics was more complex and paradoxical. Many scholars often intentionally adopt the ″oppression/resistance″ model for the fear of ″subordinate theory.″ They regard the ″historical romance″ as ″ unreal, pompous, and hollow(Jia Da Kong).″ In this vein, their studies are in danger of historical monism, hence, reaching preordained conclusions. Such endeavors fail to reveal the inherent richness and complexity of contemporary literature. Nor do they allow sufficient space for exercising ″proper utopian″imagination. Revolution has always been another important dimension of ″the historical″ in the development of contemporary Chinese literature. It has always been pedestalled in a ″lofty″ position because of the Chinese historical-cultural reality. To label it as hooligan or terrorist literature by simply using the Western norms of modernity obviously contradicts the Chinese historical context. From the point of literary practice, not all revolutionary narratives are, as we have assumed, the products of conceptualization. Of course, violent revolution is a subset of all violence in historical struggle and social development. Hence, it cannot be expanded conceptually and unendlessly to accommodate its philosophical relevance. Nor shall we deny its demerits concerning the revolutionary second coming. In short, we must face the problems of legitimacy and rationality, while not forgetting negativity and absurdity of the revolutionary narratives.

2017 Vol. 3 (6): 152- [Abstract] ( 518 ) [HTML 1KB] [PDF 1369KB] ( 1400 )
167 Gao Ping
The Three Civilized Worlds in the History-chanting Poems in Modern Japan

Among the large number of history-chanting poems in modern Japan, the voluminous serial poems take up a considerable proportion and with their rich and unique connotations, are important texts for analyzing Japanese modes of action and thinking as well as their national character. In terms of the object of chanting, these modern history-chanting poems can be divided into three different civilized worlds: Japan, China and the Western world. The poems chanting Japanese history attached great importance to the theme of being loyal to the Emperor and pious to their ancestors. A significant number of serial poems of this category started by praising the great achievements of the Creator and the ancestral god, and advocated the unrivaled regime of the Emperor's ruling. They described his subjects as the descendants and the chosen people of gods so that the authority of the Emperor was asserted. Poets wholeheartedly eulogized Kusunoki Masashige, the dynasty-rescuing hero, so as to model the people into loyal warriors and obedient subjects who obeyed the king. This kind of eulogy exerted an unneglectable influence on Japan's resorting to militarism. The inclusion of Syuntenou, the fabled king who usurped the throne of the Ryukyu empire, and Zheng Chenggong, the national hero who recovered Taiwan into the category of chanting history, was a vain attempt to prove that Ryukyu and Taiwan had belonged to Japan since ancient times, and to provide a valid foundation for Japanese territorial claims. Poets at that time also praised Toyotomi Hideyoshi who had invaded Korea, highlighting the national willpower of modern Japan to worship military force and to expand its territory. The poems which chanted Chinese history had a clear Confucian tonestrong moral inclination and a deep insight into life and history. Tsunoda Shunsaku's History Chanting Poems in Quatrain Form is such an example. The author contemplated and amended the idea of monarch and subject, individual destiny and historical situation. These poems can rival Chinese masterpieces in depth of thought and artistic achievements. His evaluations of Zhao Pu, Li Si, Zhu Maichen, Li Longji, Li Guang, etc. are incisive and penetrating. Reprehending Li Guang's slaughter of innocent people while sympathizing with his ″repeated misfortunes″ at the same time, he set himself up as a shining example of democracy. Among the poems chanting the Western history, Kawaguchi Hiroshi's One Hundred Poems on Overseas History in Quatrain Form represented the highest level of artistic achievements, and played the role of introducing world history to modern Japanese people. The anthology gave an overview of the Genesis and other Western religious ideas, asserting that Western religion restrained the mind, that it deprived people of freedom of belief, and that ″the rescue religion is actually a killing religion.″ It denounced British opium smuggling which caused great suffering to the Chinese, claiming that the British grabbed huge profits from wars, and stated frankly that ″the civilized men are actually inhuman.″ It praised original scientific inventions, which is very different from the tradition of Chinese history-chanting poetry which seldom valued science. Moreover, it paid a high tribute to Bismarck, the German prime minister for his independent policy in politics and culture, and embodied the valuable aspiration of undertaking a road of development with national characteristics. Han poems in Japan are the derivative of Chinese literature, and is an indivisible part of Japanese literature. Its contribution to shaping the national character and to breeding modern culture cannot be overlooked. The modern history-chanting poetry of Japan is a significant part of East Asian Han literature and contains distinct emotional experiences and value judgment in its exposition of oriental and occidental cultures and histories. The study on the modern history-chanting poetry of Japan has significant implications for examining Japanese national character and East Asian han literature.

2017 Vol. 3 (6): 167- [Abstract] ( 635 ) [HTML 1KB] [PDF 1355KB] ( 2332 )
181 Cheng Le Wang Xin
Language Evidence and Expert Testimony: A Study of Admissibility in the Field of Judicial Practice in the United States and Its Implications

In the field of forensic linguistics, "linguistic evidence" is regarded as a type of evidence which is encoded in the form of language. Integrated within the rules of evidence in common law system, "linguistic evidence" is frequently interweaved with role or functions of linguists appearing in court: when the content or the form of language in a case is disputable , analyses and conclusions are usually provided by linguists. On one hand, in common law judicial practices, it is common that expert witness is employed by parties (plaintiff and defendant in civil lawsuits; prosecutor and defendant in criminal cases) of a case to settle technical or specialized disputes; on the other hand, a judge is not obliged to admit the expert testimony or to decide a case based on the expert testimony. For instance, in the United States, the rules of evidence require that expert testimony should rest on scientific or technical knowledge; therefore, it is controversial whether “expert testimony of linguistic evidence" is scientific or technical. On the contrary, in the People's Republic of China (hereinafter the P. R. C.), technical or specialized issues in judicial practices are in principle tackled by identification or examination reports rendered by judicial identifiers who are administrated by judicial authentication institutions. The institutions are set up after being accredited and registered by provincial judicial administrative authorities. Besides, categories of judicial identification and examination are refined by laws (except for handwriting, most "linguistic evidence" in theory does not fall into the categories). In 2012, the revisions of the Civil Procedure Law of the P. R. C. and the Criminal Procedure Law of the P. R. C. introduced a new role entitled "person with expertise" (there are scholars who refer to "person with expertise" as "expert assistant" or directly refer to "the person" as "expert witness") into judicial practices: parties may lodge applications to the people's courts to allow "the person with expertise" to appear in court and render opinions ("expert opinions") on identification/examination reports or on specialized issues. Grounded on the background information, this empirical study explores civil and criminal cases tried by the federal courts of the United States (expert witnesses proffered analytical analyses on "linguistic evidence" in all cases) from four perspectives: firstly, the manifestations of "linguistic evidence"; secondly, persons who were considered qualified to proffer testimonies; thirdly, analytical methods adopted by the expert witnesses in the selected cases; fourthly, standards and bases adopted by the judges of the cases when they conducted their discretions on the expert testimonies of different "linguistic evidence". There are four steps in carrying out this study: firstly, civil and criminal cases were searched and collected from LexisNexis and Leagle by entering keywords, e.g. linguistic evidence, linguist, etc.; secondly, the cases were classified and counted (with the assistance of Excel) according to different causes of the cases, distinct forms of linguistic evidence and diverse analytical methods on which the expert testimonies rested; thirdly, under what circumstances would the testimonies be admited or excluded were observed[whether the testimonies were adopted or rejected?]; fourthly, discussions and conclusions on the previous observations were presented. Though there is a disparity in systems of laws and rules of evidence between the P. R. C. and the United States, comparatively mature judicial experience of the United States is still able to enlighten the future orientation of the quasi-counterpart ("person with expertise") in judicial practices of the P. R. C. given that in the P. R. C. the role of "person with expertise" is yet to be clarified, and cases whose parties proffered "the person with expertise" to appear in court and render opinions are still limited.

2017 Vol. 3 (6): 181- [Abstract] ( 1424 ) [HTML 1KB] [PDF 1367KB] ( 2255 )
197 Wang Yan
A Silent Paradigm: Mapping the Spatio-temporal Contours of the Six-decade Framing Theory

The Framing Theory constitutes a topic of active research with a relatively long-standing effort, which looks back upon a 60-year history from 1955 when the eminent anthropologist, Bateson, proposed, for the first time, the concept ″FRAME″in his path-breaking study 'A Theory of Play and Fantasy', to 2015 when the present study was still in its infancy. However, the theory lacked an entry within the indexes of most textbooks till 1974 when Goffman's work on Frame Analysis: An Essay on the Organization of Experience began to gain prominence as a canonical book in relevant studies, which, from social science circles' vantage point of official history in the present, is the generally recognized launch pad for the Framing Theory. The landscape of the Framing Theory has seen a number of significant changes with regards to how″framing' is perceived by communication academics over the past 60 years and a narrowing-down process is said to exist where the definition moved away from the″broad' sense to the″narrow' sense. Broadly, the term ″framing″ comprises a set of concepts ranging from nature phenomena unaffected by human activities, psychological principles and subjective processes underpinning both individual and organizational events, to explanatory strategies favored by social organizations in certain contexts, while the term, if narrowly defined, can also be stated in terms of distinct media-effect frames articulated and emphasized in a strand of communication scholarship. In effect, media-effect framing has a strong presence asa fertile source of new perspectives and substantial contributions in the contemporary culture of framing theory, leading to writings on relevant strategies being well-presented across scholarly publications. On the contrary, few studies have been carried out with the primary aim of exploring non-media effect framing, to the best of our knowledge. To shed light through a theoretical avenue on the mysterious silence regarding Bateson who actually led the way in the development of the Framing Theory, this paper, drawing on both original document analysis and secondary data analysis, attempts to follow the mainstream logic of the Framing Theory and to provide correspondingly an outline of its development. By charting its much-awaited chronology, the paper identifies and labels three stages alongside the general theme including prehistory stage(1955-1973), sociological redirection stage (1974-)as well as communication studies redirection stage (1990s), with particularly close attention paid to the silence on ″non-media effect framework,″ ″non-mass media framework″and ″cultural framework″behind the evolution of the Theory. While Bateson's work breaks new ground as his conception of ″framework,″ ″meta-communication″ and ″relational communication″represents a pioneering attempt harnessing the literature pertaining to the Framing Theory, the silence on Bateson can be justified for several reasons. Such matters as his own interdisciplinary identity, lack of middle range theory contributions and spatiotemporal context of ″effect being the primary concern″will profitably be taken on board by this paper. To be specific, firstly, as an interdisciplinary scholar, Bateson often concerned himself with borderline topics. Besides, Bateson inspired scholars to ask various types of questions about the Framing Theory, although his work provided an incomplete, albeit informative, picture about the middle range theory. This literature still has a long way to go. The third point to note is the fact that mass-media academic communities with deep-seated respect for effect have not been very satisfied with his explanation on account of Bateson' single-minded focus on interpersonal communication. As for the silence related to″non-media effect framework,″ ″non-mass media framework″ and ″cultural framework,″ such dismal state might largely because of the present academic atmosphere that under scores the importance of effect and overstates the middle range theory. Scholars are obsessed with empirical studies which have overshadowed the equally important theoretical issues. Few of them see or even care about cultural and non-media communication (non-media communication in particular) , thus inevitably lose some important information that merits special attention. As a result, both economists and psychologists have made abundant achievements by expanding upon the groundwork laid in the Framing Theory under the respective rubrics of″Prospect Theory″and″Priming Effect,″ but when it comes to the communication field, the research picture looks rather bleak given the woeful dearth of relevant literature. To provide new communication-related material of the Framing theory, the paper believes the way forward might be the resort to constructivism approaches that underlie general human communication researches. In this vein, this paper, without losing track of the unresisted allure of real situations and local cultures to scholars, proposes the embedment of framework into culture and the substitution of three-dimensional research arena in place of the ″media-audience″binary linear model. At the macroscopic level, the paper looks at the issue in the light of cultural norms and tries to be more sensitive, attentive and responsive to the differences among jurisdictions within various spatio temporal contexts. At the mesoscopic level, the paper, using ″field″ as the basic unit, proceeds to depict, exploit and analyze the changing landscape on the part of both distinct frames and silent frames within the same spatiotemporal context. At the microscopic level, this paper ventures across the border to avail itself of the insights from neuroscience and media psychology in an effort to elucidate the resonance and the follow-up diffusion between the exterior framing and the cognitive patterns of human brains.

2017 Vol. 3 (6): 197- [Abstract] ( 1444 ) [HTML 1KB] [PDF 1439KB] ( 5670 )
216 Cai Xiangyuan
The Heideggerean Conception of Meaning from the Perspective of Naturalism: On the Distinction between the Perspectives of Phenomenology and Naturalism

There have been many dialogues between naturalism and phenomenology, most of which are either superficial critiques of each other, or they just express their own positions and then draw a rigorous boundary between themselves. Of these, little can promote mutual understanding. A productive dialogue needs to focus on a question that concerns both of them. The meaning of language is such a question that plays a special role in both traditions. ″The Phenomenological Illusion″ by John Searle, with its detailed analysis and accurate critique of phenomenology from the perspective of naturalism, provides a chance to deepen the dialogue between them. In this article Searle first outlines the position of naturalism, on the basis of which he then poses a challenge to phenomenology. According to him, there are three ″basic facts″ or ″basic realities″ that must be assumed as a starting point, which are atomic physics, evolutionary biology, and embodied brain neurobiology. The central philosophical question is to clarify the relationship between basic reality and relevant human reality. After carefully analyzing the main premises of phenomenology, he concludes that phenomenology commits a mistake that he calls ″perspectivalism″, that is, to treat the perspective from which something is observed as a part of its being. In short, phenomenology will reduce basic reality to certain kinds of human reality such as transcendental consciousness, Dasein, etc. Thus ″the things themselves″ pursued by phenomenology are just a kind of illusion caused by this mistake.  In his view, Heidegger's conception of meaning is an example of this type of illusion. According to naturalism, the question of the meaning of language lies in how to interpret the relations between physical signs and relevant human realities. However, in his famous book Being and Time, Heidegger clearly proposes that all sounds — including words — are always already experienced as meaningful, which from the perspective of naturalism skips the key step of the question of meaning. Although his diagnosis of Heidegger contains certain misunderstandings, especially about the distinction between the meaning of language and that of being, his clear-cut critique constitutes a significant challenge towards Heidegger's thought, for Heidegger does trace the meaning of language back to that of being and thus seems already assuming our apprehending of meaning. After carefully scrutinizing his following text, however, we find that Heidegger does not stop there. What Heidegger does further is to disclose the temporal structure of meaning though the so-called hermeneutical circle. His unique contribution to the question of meaning lies in disclosing an internal relationship between meaning and time, which in fact have some common insight with Wittgenstein who maintains that the meaning of words lies in their use, and that use is a temporal process. Although the naturalistic view appears more natural and even more suitable for common sense, it also faces certain similar dilemma after being further questioned. W. V. Quine's critique of empiricism constitutes such a challenge. According to Quine, our knowledge of the world always takes place in a system of knowledge, which means that there is no bare reality which is assumed by naturalism as the basic reality, since they have always already been interpreted. The theory of truth in the field of analytics also demonstrates from another angle that there are insurmountable logical difficulties of naturalistic solutions themselves, for the conceptions of truth and meaning are related to each other internally. It is still a challenge for naturalism whether the relation of meaning and truth can be clarified radically in a way of logical analysis. This internal relation is just where Heidegger begins with his thinking. Different from naturalism that is negatively trapped in a circular-definition, phenomenology actively accepts it and then demonstrates the meaning of the circular-structure which is just the structure of the meaning itself. The Heideggerean conception of meaning is a vivid display of this meaning-structure.

2017 Vol. 3 (6): 216- [Abstract] ( 606 ) [HTML 1KB] [PDF 1468KB] ( 995 )
225 Li Zhehan Zhang Guoqing
Franz Neumann and the Idea of German Democratic Rechtsstaat

Franz Neumann (1900-1954), a German public law and political theorist, is a peripheral member of the Early Frankfurt School. The reasons of his peripheral membership of the Early Frankfurt School are not only that Neumann has never been in the core circle of the Institute for Social Research, which led by Max Horkheimer and Theodor Adorno, but also that he did his main research in the clues of the German Rechtsstaat Tradition, which is not in the Early Frankfurt School's central project. The importance of Neumann and his research is that he is between Carl Schmitt (and also Hermann Heller), and Jürgen Habermas. In other words, his position could be viewed as a bridge between the Crisis of Weimar Constitutionalism and the post-war reconstruction of the German Rechtsstaat. If we try to understand the development of the German Rechtsstaat Tradition, certainly and absolutely, we could not ignore or look down on Neumann and his research. On the contrary, if we put Neumann and his research in the framework of Early Frankfurt School, not of the German Rechtsstaat Tradition, as a result, we would not understand the background, development and influence of Neumann and his research. It is very pitiful that Neumann's most productive years is in a period of political turmoil. In general, he experienced the Crisis of Weimar Constitutionalism, the rise of Nazi and the reconstruction of Federal Republic of Germany's political life after the World War Ⅱ. However, it is lucky that he did a lot of theoretical and practical works with great enthusiasm in exile. Generally speaking, his thought is among German public law, Marxism and Democratic Rechtsstaat. His analysis and critique of the Late Capitalism, and his idea of Democratic Rechtsstaat are related to and also different from his contemporary scholars. Specifically, this paper tries to reconfigure Neumann's thought, by summarizing and supposing these three questions, what are (1) Why did Weimar Republic fail, (2) What is the nature of Nazi regime, and (3) How to reconstruct the Federal Republic of Germany's political life after the World War Ⅱ. Obviously, although Neumann did a lot of practical works, he is still a theorist after all, and he resolved these three practical questions above in a theoretical way. In brief, he criticized the German Positivism Rechtsstaat in the development of the German Rechtsstaat, interpreted the nature of Nazi regime is Totalitarian Monopoly Capitalism (it is not State Capitalism, which is given by another theorist in the Early Frankfurt School, Friedrich Pollock), and presented the idea of Democratic Rechtsstaat, which is different from the Anglo-Saxon Democracy. Neumann developed his thought, took the key step, which is toward Democratic Rechtsstaat in the development of the German Rechtsstaat, and also presented a basic political framework for the Federal Republic of Germany. Furthermore, Neumann could be simply marked with these three marks below, which are ″ anti-Schmitt's Schmittian,″ ″anti-Orthodox Marxism's Marxist″ and ″anti-Capitalist Democracy's Democrat″. These three marks could not only reveal his three main theoretical origins, but also sketch the core figure of Neumann's thought, namely, what is Neumann's idea of Democratic Rechtsstaat. It is noteworthy that his idea of Democratic Rechtsstaat sublates both the German Positivism Rechtsstaat and the Anglo-Saxon Democracy. In other words, his idea of Democratic Rechtsstaat could be viewed as a general solution (a synthesis) to the problems of modern society. Obviously, we could say that his idea of Democratic Rechtsstaat indicated an approach, which overcame the other narrow approaches. In a very short conclusion, it is very worth pointing out that Neumann took the key step, which is toward Democratic Rechtsstaat in the development of the German Rechtsstaat Tradition, both theoretically and practically. It is misleading that the existing researches about Neumann (especially in China), however, ignore this key step.

2017 Vol. 3 (6): 225- [Abstract] ( 667 ) [HTML 1KB] [PDF 1348KB] ( 1428 )
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2017 Vol. 3 (6): 230- [Abstract] ( 176 ) [HTML 1KB] [PDF 1252KB] ( 593 )
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