浙江大学学报(人文社会科学版)
 
     Home |  About Journal |   |  Instruction |   |  Subscriptions |  Contacts Us |  Back Issues of Onlinefirst |   |  Chinese
Office
Quick Search Adv Search
 · Online Submission
 · Manuscript Tracking
 · Peer Review
 · Editor Work
 · Office Work
 · Editor-in-chief
Journal
 · Forthcoming Articles
 · Current Issue
 · Next Issue
 · Archive
 · Advanced Search
 · Archive By Volume
 · Archive By Subject
 · Read Articles
 · Download Articles
 · Email Alert
 ·
 
Download
 · Instruction
 · Template
 · Copyright Agreement
More>>  
 
JOURNAL OF ZHEJIANG UNIVERSITY 2019 Vol.5 Number 4
2019, Vol.5 Num.4
Online: 2019-07-10

Article
 
Article
1
2019 Vol. 5 (4): 1- [Abstract] ( 301 ) [HTML 1KB] [PDF 1724KB] ( 615 )
4
2019 Vol. 5 (4): 4- [Abstract] ( 412 ) [HTML 1KB] [PDF 0KB] ( 42 )
5 Duan Zhiwen, Su Yue
On the International Discourse Power of Chinese Socialist Consultative Democracy

Chinese socialist consultative democracy,also called socialist deliberative democracy with Chinese characteristics,plays an important role in the world's democratic system.However, due to international ideological confrontation and ideological deviations, coupled with the existence of being misread and misunderstood,Chinese socialist consultative democracy has not gained its discourse power proper in the world's democratic system.Therefore,it is of great significance to demonstrate the international discourse power of Chinese consultative democracy;meanwhile,it is also an important theoretical and practical topic that the academia must answer to as how to obtain and promote the international discourse power of the Chinese socialist consultative democracy.It is of much significance to establish and enhance the international discourse power of Chinese socialist consultative democracy.Firstly,it not only enriches and develops Marxist ideological discourse power theory, but also contributes to the world democratic theory. Secondly,it is not only an inevitable requirement to maintain China's ideological security and strengthen national soft power,but also an important manifestation to eliminate the misreading and misunderstanding of Chinese socialist consultative democracy so as to enhance the discourse power of socialist democracy with Chinese characteristics.Thirdly,it will not only provide essential support for strengthening the″Four Matters of Confidence″of socialism with Chinese characteristics in the new era,but also contribute Chinese wisdom and solution to global governance.Chinese socialist consultative democracy is an organic combination of the generality of deliberative democracy and one with Chinese characteristics.It has distinctive features on the basis of common grounds with international democratic discourse.Therefore,there are important foundations to establish and enhance the international discourse power of Chinese consultative democracy.Firstly,Chinese socialist consultative democracy has its solid theoretical foundation because it is a theoretical innovation under the comprehensive effect of the fine traditional Chinese culture,the historical influence of western democratic thoughts and the fundamental influence of Marxist democratic theory.Secondly,Chinese socialist consultative democracy has solid historical foundation because it is a great creation of the Communist Party of China in its practice of leading revolution,development and reform,and it continuously evolves along the specific political development path.Thirdly,Chinese socialist consultative democracy has solid realistic foundation because its development has demonstrated its unique advantages in values,institutions and influences. The essence of enhancing international discourse power is how to form the discourse identification,the core of which is the identification of the discourse system,including both the discourse subj ect's and discourse obj ect's identification of the discourse system.Therefore,in order to enhance the international discourse power of Chinese socialist consultative democracy, firstly,in terms of subj ectivity,we should strengthen the systematic construction of Chinese consultative democracy discourse system.Secondly,in terms of external conditions,we should attach importance to optimizing the international and domestic discourse environment for Chinese socialist consultative democracy. Thirdly, in terms of enhancement strategy, we should strengthen the international communication effectiveness of the Chinese consultative democratic discourse system by building a diversified,multi-dimensional and integrated discourse platform to improve the media of external discourse communication of Chinese socialist consultative democracy, innovating ways of expression for external discourse to enhance the power of international dialogues of Chinese socialist consultative democracy, and forming an external discourse communication mechanism for Chinese socialist consultative democracy based ondiscourse identification.

2019 Vol. 5 (4): 5- [Abstract] ( 578 ) [HTML 1KB] [PDF 1722KB] ( 946 )
15
2019 Vol. 5 (4): 15- [Abstract] ( 230 ) [HTML 1KB] [PDF 0KB] ( 24 )
19 Yu Xiaofeng Zhang Weipeng
The Construction of Generalized Theory of Desecuritization Based on Discourse Analysis

Securitization theory introduced by the Copenhagen School has brought about a breakthrough in the paradigm of security studies, in which the concept of desecuritization in particular has provided a new methodological perspective for exploring the diplomatic path of ″positive peace″. However, the Copenhagen School has not constructed a theoretical framework for understanding desecuritization, nor has it clearly elaborated a definition of desecuritization that is entailed in inform foreign policy and its impacts on the international community. Desecuritization in a narrow sense refers to the process of moving security issues out of the security realm and placing them into normal politics. In a broad sense, however, desecuritization should also include actions designed to prevent non-securitized issues from becoming securitized, and securitized issues from being hyper-securitized. Desecuritization is not only a reverse process of securitization, but also a process in which state actors construct suitable bilateral identities, values, and cooperation mechanisms through the creation of shared contexts with ″harmony and coexistence″ at its core. Past research on desecuritization has been characterized by a Western-centric logic. However, following the rise of non-Western countries on the international stage, the construction of a generalized theory of desecuritization is crucial not only for enhancing the broad explanatory power of this theory, but also for promoting experiences exchanging and cultural merging across different regions of the world. Given these shortcomings we introduce three important elements from discourse analysis into a generalized theory of desecuritization, including ″performative utterance″, ″identity of values″, and ″communicative ecology″. ″Performative utterance″ demonstrates that diplomatic discourse characterized by desecuritization serves as a perlocutionary act, whereby the discourse structure and the discursiveenvironment reflecting values and identities embedded in diplomatic affairs play a decisive role in making and breaking desecuritization. Constructing an ″identity of values″ depends on making rules in a specific context and presenting the effects of ″performative utterance″. A benign ″communicative ecology″ based on identity of values should take ″harmony″ as its core value and eliminate ″crises″ or ″threats″ to realize ″superior coexistence″ among state actors through paths of desecuritization. A generalized theory of desecuritization can then be constructed with ″identity of values″ as its consistent motivation,″performative utterance″ as its method, and ″communicative ecology″ characterized by ″superior coexistence″ as its ultimate goal. In addition, ″linkage diplomacy″, ″legalization″, and ″intertextuality″ are three important dimensions for evaluating the role of a generalized theory of desecuritization in the practice of diplomacy. Desecuritization is a primary feature of Chinese diplomatic discourse and an ideal way to carry out foreign policy. In the face of a complex international security situation in which traditional security and non-traditional security threats are intertwined, and given the context in which the United States and other countries are increasingly implementing a strategy of securitization vis-à-vis China, China should construct a system of major-country diplomatic discourse characterized by desecuritization that strives for ″a community of common destiny for mankind″ at its core and greater ″normative power″ recognized by the international community. Such an approach will promote creativity, charisma and credibility, and effectively solve the problems related to ″discourse security″. It also opens new avenues for finding solutions characterized by desecuritization related to Sino-US ″trade frictions″, and helps creates a new international situation for the development of ″major-country diplomacy″.

2019 Vol. 5 (4): 19- [Abstract] ( 568 ) [HTML 1KB] [PDF 1865KB] ( 752 )
34 Liu Guozhu Yang Nan
Strategic Inertia and the Development of U.S. Grand Strategy

The Grand Strategy, which aims to protect the country’s security as well as its national interest, is a reflection of the nation’s ability to mobilize its national resources in order to fit its supreme goal in a long period of time. In the early stage of post-Cold War era, the U.S. government had soon formulated a Grand Strategy which aimed to maintain its ″primacy″ worldwide as well as to construct and dominate a liberal international order. This Grand Strategy was formulated upon ″five pillars″: defending homeland security, maintaining the balance of power, punishing ″rogue states″,establishing democratic peace and assisting allies overseas. Hence, the Grand Strategy, both by its means and ends, has been generalized as a trending topic among politicians and academics. In the short term, adherence to a Grand Strategy of ″primacy″ will help the United States to keep its global interests and reach its strategic goals. In the long run, the reliance of existing Grand Strategy has created a kind of ″path dependence″ effect, which finally evolves to strategic inertia. As a result, it is difficult for political elites to adjust the existing Grand Strategy as well as to improve it. In order to make a further understanding of the strategic inertia inside the U.S. Grand Strategy, this paper starts to analysis the U.S. government’s organizational inertia. Three factors that gradually generated and enhanced the strategic inertia are: (1) the commitment to compliance, (2) the solidification of cognition, and (3) the bounded rationality. With the help of U.S. official publications, declassified archives, media news and think tank reports, this paper tries to finger out the causes of the strategic inertia within the U.S. government, and then find its influence on the U.S. Grand Strategy. This paper believes that the strategic inertia of the United States was formed and deepened during the period of the Bush (the 41st President) and Clinton administrations. During the Bush (the 43rd President) administration, there had been many critics pointing out the negative effects of the strategic inertia posed on the Grand Strategy. However, the government generally ignored these alerts. At the beginning of his first term, Obama realized that this kind of inertia had already become a constrain of the further strategy development. However, limited reform had been taken and it was difficult to change the status quo. By the time that Donald Trump came into power, ″overcoming inertia″ had already become one of his primary political tasks. Although the Trump’s reform has encountered many obstacles, the strategic inertia has not yet stagnated and still move on gradually. This paper is the first research attempt to use the theory of strategic inertia to discuss the evolution of U.S. Grand Strategy in the post-Cold War era. Based on the comparative analysis between U.S. governmental documents and the country’s actual behavior, our work verifies the hypothesis that the post-Cold War Grand Strategy of the United States has been restricted by the strategic inertia. For this reason, the development and implementation of the U.S. Grand Strategy has been constrained. This means that any effort to adjust this strategy from the decision-making community will be restricted by this strategic inertia. It is still a myth whether or not Trump administration could keep trying to overcome the strategic inertia in the future.

2019 Vol. 5 (4): 34- [Abstract] ( 747 ) [HTML 1KB] [PDF 1975KB] ( 719 )
40
2019 Vol. 5 (4): 40- [Abstract] ( 201 ) [HTML 1KB] [PDF 0KB] ( 26 )
55 Zou Xiaopeng Ye Zihan Yang Qianqian
The Relationship Between Retirement Planning Propensity and Commercial Annuity Demand: Empirical Evidence from CFPS

According to the classical theories of commercial annuity demand, households should more or less annualize their wealth to cope with individual longevity risk. However, in reality, household participation in commercial annuity market is limited which gives rise to annuity puzzles. Classical theories generally adopt the life cycle model as the research paradigm, which assumes that households will calculate the optimal path of future consumption and savings with the goal of maximizing lifetime utility. The ensuing question is whether households have set about calculating their needs to prepare for the future, as assumed in theory. In short, have households tried to calculate retirement needs? The answer to this question is seen as an indicator of whether households have retirement planning propensity. The heterogeneity of rational and farsighted optimization will result in the difference of household economic decision-making. Households with retirement planning propensity are more in line with the assumption of life cycle model, that is, they follow intertemporal optimization of economic decision-making. As a result, these households are more likely to obey the classical life cycle model to make relatively rational economic decisions. Existing literature has proved that retirement planning propensity can explain household heterogeneity in savings level, risk asset allocation, wealth accumulation and other aspects, but doesn’t involve in commercial annuity demand. Based on this, this paper empirically studies whether retirement planning propensity will boost household commercial annuity demand. There are two centralcontributions of this paper: First,it explores the role of retirement planning propensity from the perspective of household risk management, which contributes to the existing literature on the effects of retirement planning propensity on household economic outcomes; Second, this paper studies for the first time the relationship between retirement planning propensity and household commercial (annuity) insurance demand, suggesting that retirement planning propensity may be a behavioral factor to help explain limited participation in the commercial annuity market. Specifically, this study utilizes the data of 2014 China Family Panel Studies (CFPS) to conduct an empirical analysis. It uses the question asking whether household calculating retirement needs to proxy for retirement planning propensity. The results of multivariate Probit model show that: (1) Households who have calculated retirement needs will systematically increase the probability of holding commercial annuity, and the effect of retirement planning propensity accounts for more than 40% of the average participation level of the sample; (2) The calculation results of retirement needs show adverse selection. Expected retirement needs may contain information about subjective life expectancy, so the higher the expected retirement needs, the more likely the households are to hold commercial annuity because of more expected benefits; (3) Retirement planning propensity will also increase household demand for other types of commercial insurance besides commercial annuity, thus improving the participation level of household commercial insurance as a whole. It indicates that individual longevity risk is not the only risk faced by households when formulating retirement plan. The above results are robust after considering endogeneity problems such as reverse causality. The policy implications of this paper are as follows: The government should encourage households to use different ways to calculate retirement needs or provide the services needed to calculate retirement needs, reduce the searching and processing cost of information about retirement planning, improve the retirement planning propensity and assist in the formulation of specific plans. This will help promote the development of the commercial annuity market and even the whole commercial insurance market, so as to make it play a greater role in household risk management.

2019 Vol. 5 (4): 55- [Abstract] ( 499 ) [HTML 1KB] [PDF 1844KB] ( 934 )
71 Zheng Yinglong
Government Guarantee for the One-child Lost Family’s Limited Access to Surrogacy

As more and more single child have lost their lives due to diseases, disasters, suicides, traffic accidents and other uncontrollable causes, the number of families that have lost their only child have been growing continuously to a quite large scale so far. The death of the single child of a family could bring devastating mental trauma for parents and other elders in the family. On one hand, as most of the parents who lost their single child usually do not have the capability of fertility any more, their pain for the loss of their child could not be repaired by giving birth to a second child. On the other hand, the one-child lost parents have very limited means to have another child, for the service of surrogacy has been ethically and legally controversial since its birth. With a view to the special situations regarding the one-child lost family, giving them a limited access to the service of surrogacy is not against ethics or morality, and also has a reasonable and legitimate foundation. Moreover, the one-child lost family has suffered the adverse consequences of losing their single child due to their compliance with the family-planning policy, so their resort to surrogacy for another child should be respected and protected by the government. The government, instead of simply insisting that a woman’s disposition of her own body is illegitimate, should grant to the one-child lost parents their limited rights to resort to surrogacy after a consideration of specific situations for the family. That the relatives or friends of the one-child lost parents, for the sake of kindness and friendship, voluntarily and gratuitously bear a child for the parents will not only do no harm to the country, society and the third party, instead, the woman who offers surrogacy may also gain social recognition. Based on the principle of reasonable exceptions, allowing to provide limited gestational surrogacy, which does not cause any disorder in the order of parent-child relationship, to the one-child lost parents accounting for a small number of the whole population will not impact the social order. The government also has corresponding responsibilities in safeguarding the family’s limited access to surrogacy. To the one-child lost parents, their productive right protected by the constitution is the very right to give birth to a second child, which thus needs to be protected and realized by the government with active measures. To protect the right of reproduction for such a kind of family, the government should not only help to solve their economic difficulties and the difficulties of being raised without a child when they are old, but also, in a fundamental manner, solve their mental trauma and pain caused by the loss of their single child. In addition, from the perspective of making a balance between rights and obligations, since the government has enjoyed the dividend of family planning policy, it should assume the responsibility of protecting the one-child lost family and making compensations for the family who have made great sacrifices for the family planing policy. To this end, the government, instead of exercising absolute prohibitions on surrogacy, should, via institutional arrangements, mobilize all forces available and offer to the one-child lost parents an limited access to surrogacy. Moreover, providing quality medical services for surrogacy is more conducive to ensuring the health of the woman who offers surrogacy and the baby. Therefore, an orderly operation of the system of offering surrogacy to the one-child lost family need a national level institutional arrangement. Necessary limitations should be exerted on the offering of surrogacy to the one-child lost family, including the regulation of the type of surrogacy for the one-child lost family, the prohibition of commercial surrogacy, gene surrogacy, and traditional surrogacy, and the establishment of the principle of guaranteeing the best interest for the child. Also, the application of surrogacy, the signing of surrogacy contract, the supervision of surrogacy, and the determination of the time to terminate surrogacy should also be regulated when the service of surrogacy is offered to the one-child lost family. On one hand, the one-child lost family has the right to receive the assistance offered by the government. On the other hand, the government should establish an assistance system for the family. The one-child lost family should apply to the subject of the assistance and meet certain procedural requirements before they can get the assistance for surrogacy. In order to ensure those who get the assistance are truly one-child lost families, it is necessary to ensure that the information provided by the applicants is true and accurate by means of conducting telephone interviews, face-to-face conversations and home visits to them. Also, the government should establish a fund for assisting the one-child lost family to have surrogacy, with the government dominating the supply of the fund and mobilizing the participation of social forces, strengthen the management and supervision of funds to ensure the safety and use of funds. The fund offer the basic support for the family and the government should, in an equal manner, bear basic necessary costs for the family. The government should provide necessary assistance as long as the targeted family meet the requirements and make applications.

2019 Vol. 5 (4): 71- [Abstract] ( 422 ) [HTML 1KB] [PDF 1832KB] ( 919 )
88 Sun Jingshui Wu Pingping
A Research on the Satisfaction of Initial Distribution Fairness: Based on the Microeconomic Evidences of Starting Point Fairness, Procedural Fairness and Outcome Fairness

Initial distribution fairness is a major event in people’s livelihood. In-depth discussion on the satisfaction of the initial distribution fairness has a great theoretical and practical significance in formulating scientific and reasonable income distribution policies by the government, reducing income distribution inequality, improving the satisfaction of income distribution fairness and maintaining social harmony and stability. There is little research on thesatisfaction of the initial distribution fairness in the theoretical circle.The discussions on the factors affecting the satisfaction of distribution fairness is usually limited to the outcome fairness and the recognition of fairness. There is little research on the combination of starting point fairness, procedural fairness and outcome fairness. Considering the differences between urban and rural areas in China in such aspects as starting point fairness, procedural fairness and outcome fairness, this paper constructs a relatively perfect evaluation index system of starting point fairness, procedural fairness and outcome fairness. This paper systematically discusses the influence of starting point fairness, procedural fairness, outcome fairness and their interaction items on the satisfaction of initial distribution fairness, and then draws an instructive research conclusion which is a supplement and improvement to the existing relevant research. In this paper, we put forward the theoretical hypothesis and construct an Ordered Logit model to empirically test the relationship among the starting point fairness、procedural fairness、outcome fairness and the satisfaction of the initial distribution fairness by using 3 109 questionnaire survey data. The research results indicate that: (1) Starting point fairness has a significant influence on the satisfaction of initial distribution fairness. ″The importance of external factors to personal income″ and ″Having been discriminated against″ have a significant negative effect on the satisfaction of initial distribution fairness. ″The more fairness in the basic education, employment, public health and other aspects″, the higher satisfaction of initial distribution fairness that people perceive. (2) Procedural fairness has a significant influence on the satisfaction of initial distribution fairness. ″Having been treated unfairly″ has a significant negative effect on the satisfaction of initial distribution fairness. ″The more tolerable in the corruption phenomenon″ , ″the stronger ability to participate in and discuss politics″, ″the more satisfied with the market competition environment″ , ″the more satisfied with the collective wage negotiation system″ and ″the more satisfied with the integrity of public officers″, the higher satisfaction of initial distribution fairness that people perceive. (3) Outcome fairness has a significant influence on the satisfaction of the initial distribution fairness. ″The more satisfied with the comparison of income and contribution″, ″the higher absolute and relative income levels″, ″the more tolerable in the price rising″ and ″the higher recognition of different pay for same job″, the higher satisfaction of the initial distribution fairness that people perceive. The results also show that: ″The better health and work experience″, the higher satisfaction of initial distribution fairness that people perceive. The results provide important policy implications: First, the realization of starting point fairness (such as the basic education, public health, public infrastructure and other social public resources fairness) is an important way to improve the satisfaction of initial distribution fairness. Second, ensuring procedural fairness (such as competing under the rules of openness and fairness) is a powerful measure to improve the satisfaction of initial distribution fairness. Third, improving the outcome fairness (such as the givings conform to the gains, the contributions conform to the returns, the vulnerable groups can share the fruits of development) is an effective means to improve the satisfaction of initial distribution fairness.

2019 Vol. 5 (4): 88- [Abstract] ( 370 ) [HTML 1KB] [PDF 1852KB] ( 546 )
105 Yue Wenze Qiu Shuangshuang Zhang Qun Yang Huake
Public Participation in Urban Planning in the New Media Era: Topic Evolution and Sentiment Analysis

With the advent of the new media era, the form of public participation in urban planning has become more diversified, and its mode and extent have undergone profound changes. Traditional ways in which public opinions are manually selected and summarized have failed to meet the needs of processing an ocean of public opinions. Thus, it is of urgent necessity to apply big data mining and analysis technology to obtaining,extracting and summarizing public opinions. Taking Sina Weibo, a main social media platform in China, as a source of public opinions, this study crawled 12 171 microblog data related to Shanghai Master Plan (2017-2035) (hereinafter referred to as ″Shanghai 2035″) during its planning. Natural language processing technology was employed to obtain public opinions, identify public attitudes and analyze public behaviors, thereby revealing the results and features of internet-based public participation in Shanghai 2035. To better coordinate the interests of various stakeholders and boost the level of planning in the long term,an integrated topical and emotional analysis was made to get a comprehensive picture of public demands of values and to track down the development of these issues. The public gave huge attention to Shanghai 2035 on Sina Weibo with respect to the various aspects of planning. The three most attention-getting topics were ″population″, ″global city″, and ″publicity of the draft″. Topics such as ″housing price″, ″construction land″, ″metropolitan area″, and ″transportation″ were also the focus of public attention. The results of the overall sentiment analysis show that the proportion of microblog data with negative and positive emotions amounted to 56.69% and 39.97%, respectively. Almost all the top eight topics were dominated by negative opinions, except for ″publicity of the draft″ to which a slightly larger number of people responded positively. In brief, most of the public on Sina Weibo held negative attitudes toward the topic, be it overall sentiment or topical sentiment. The spatial-temporal analysis of topic evolution suggests that public attention to hot topics is not continuous; rather, it is intermittent and explosive and the public in different districts are concerned about different topics. This phenomenon is closely related to socioeconomic situations and planning impacts, indicative of the spatial-temporal preference of planning as a public policy. In this paper, the spatial mobility of topics is further explored by taking two trending topics (i.e., ″total population″ and ″global city″) in all districts as examples. The result presents an obvious spatial imbalance in terms of topic mobility.The public in the main urban zone played a leading role in public participation in Shanghai 2035 in that topics were both initiated and ended in the main urban zone whereas people in suburban areas participated in discussions only during the heated discussion period. With regard to public behaviors, public participation on a social media platform is featured by ″the government posting microblogs and the general public commenting on and reposting microblogs″. The three types of Weibo subscribers — Blue V, Yellow V and general users — represent different stakeholders with different interests and demands, such as government agencies, experts in relevant fields and common users. They focused on different topics and expressed different emotions. Blue V and Yellow V users were concerned about more strategic topics with more positive attitudes, while general users paid more attention to topics closely related to their daily life and most of them held negative attitudes. The disparity between one’s current life situation and the planning horizon could be the primary cause for negative emotions among the general public.

2019 Vol. 5 (4): 105- [Abstract] ( 1056 ) [HTML 1KB] [PDF 4993KB] ( 828 )
119 Liu Na
Consequences of Social Mobility on Kinship Relations: A Case Study of Rural Migrants in Beijing

The impact of social mobility on kinship relations is a neglected area of social mobility studies in China. Drawing on intensive interviews with thirty successful migrant families in Beijing, this research aims to investigate the effect of social mobility on kinship relations of the successful migrants. It has been found that the economic success of the interviewees did not estrange them from kin but rather strengthened their ties and obligations towards each other. As the most successful figure in their families, the interviewees played a role as an “elevator”, supporting their kin to move upward. Their relations with kin largely followed the rule of “the differential mode of association”. Among the various kinship ties, immediate kin like parents and siblings were the most close and supportive. They remained the most important sources of emotional and practical support for the interviewees. Other relatives, such as cousins, aunts, or nephews, were less helpful. Usually it was through elders that they sustained contact with each other. It was also found that the relations of the interviewees with their paternal and maternal parents were differential in terms of the degree of intimacy, obligations and mutual support. In line with China’s traditional patrilineal family principle, they usually involved much more mutual support with paternal parents than with maternal parents. However, this by no means suggests that the women were becoming estranged from their parents. Rather, the niangjia (a married woman’s natal family) was always the most powerful backing of the women. What is at stake here is that in the Chinese case obligations and rights were especially emphasized on the patrilineal family side. This inclination was so significant that it affected many aspects of the life of the interviewees (noted that such differentiation was only applicable for parent-child relations and not for siblings and other kin). The interviewees usually took full responsibilities towards their maternal parents in the case that the sons of their maternal parents failed to fulfil them. This is quite different from what have been found in cities, where both paternal and maternal sides are emphasized and maternal parents are even paid more attention. However, it needs to be noted that despite no disruptive effects, the mobility of the interviewees did influence their kinship relations in some aspects. Their relations with siblings and extended kin tended to be largely unequal due to the fact that these kin usually relied on them to obtain substantial support. In other words, although their mobility did not undermine their intimacy with siblings, it did change the nature andpower structure of their relations. As already mentioned, the interviewees usually maintained close contact with siblings. The overwhelming majority of them considered their siblings very reliable and supportive in times of need, especially when encountering big issues or in a crisis. The involvement of substantial support significantly strengthened their bonds and obligation to each other. Nevertheless, due to the asymmetrical contributions between the two sides, their relations with siblings tended to be unequal. The interviewees usually played an important role in helping their siblings to leave the land and establish smoothly in the city. Yet, their siblings often could not provide them with such crucial help. The asymmetrical contributions of the two sides then gradually placed the ‘benefactor’ in a superior position in relation to the ‘beneficiary’. An asymmetrical relationship then began to take shape when the two parties both felt the need for the ‘beneficiary’ to show respect to the ‘benefactor’. Such unequal relationsare also found between them and their extended kin. To sum up, social mobility itself has no necessary disruptive consequences on kinship relations. The interviewees largely maintained similar sociability patterns with kin as in their pre-mobility period. Yet, despite no effects on relations with parents, the economic success of the interviewees did lead to asymmetrical relations with siblings and extended kin due to the fact that these relatives usually relied on them to migrate or obtain substantial support. These findings suggest that although social mobility is not inimical to kinship maintenance, it is likely to change the nature – or it may be more appropriate to say, the power structure – of kinship relations.

2019 Vol. 5 (4): 119- [Abstract] ( 583 ) [HTML 1KB] [PDF 1803KB] ( 961 )
130
2019 Vol. 5 (4): 130- [Abstract] ( 215 ) [HTML 1KB] [PDF 0KB] ( 22 )
132 Yin Xiaojie Cui Chenmin
On the Diachronic Evolution of the Members of the Concept Domain ″to Pour Wine″

Every word belongs to certain time and certain region. Epochality refers to the words used only in a certain period of time, while regionality to the words merely used in a certain region. To reveal the epochality and regionality of words is not only one of the basic tasks of Lexical History Research, but also an important task of the subject to explain the meaning of words correctly. Therefore, from the perspectives of chronological order and spatial distribution, that is, to pay attention to the epochal and regional nature of language is the proper meaning of the study of Chinese history, and has become the consensus of the academia. The term ″Daojiu (倒酒)″ (to pour wine) is commonly used in Chinese. This article describes the synchronic distribution and diachronic evolution of main members of the concept domain ″to pour wine″ in Chinese, and tries to explain the relationship between them. In modern Chinese, the words such as ″Shai (筛)″, ″Xie (泻)″, ″Zhen (斟)″ and ″Dao (倒)″ are in a North-South distribution. In the history of Chinese, words such as ″Zhen (斟)″, ″Zhuo (酌)″, ″Xie (泻)″, ″Shai (筛)″, ″Dao (倒)″, etc., were used to express the concept ″ to pour wine″, and they followed the replacement order of the dominant words from ″Zhen (斟)/Zhuo (酌)″ to ″Zhuo (酌)″, to ″Zhen (斟)/Xie (泻)″, to ″Zhen (斟) ″ and finally to ″Dao (倒) ″. Today the leading word ″ Dao(倒)″ first obtained the dominant position of the concept ″to pour out non-alcoholic liquids″, and then it became more and more popular. Since the period of the Republic of China (1912-1949) , it had gradually replaced the dominant position of ″Zhen (斟) ″ in expressing the concept ″to pour wine″. Specifically speaking, it is generally believed that in the pre-Qin period and before it, the ancients used a spoon to scoop wine out of a container and then poured it into a cup for drinking. Moreover, judging from the ancient classics, no clear evidence has been found that the words ″Zhen (斟)″ and ″Zhuo(酌)″ carried the exact meaning ″to pour wine″. However, according to the shape and appearance of the unearthed pre-Qin pots, the direct pouring of wine became possible due to the finding of tubular-flow shape attached to one side of the pots. In addition, the ancient scholars such as Dai Dong, Duan Yucai and Zhu Bin had actually found and pointed out that ″Zhen (斟)″ ″Zhuo(酌)″ in the pre-Qin period could both mean ″to scoop″ and ″to scoop at first and then pour″, so they were the two main verbs used to express the meaning ″to pour wine″ at that time. After the Qin and Han Dynasties, ″Zhen (斟)″ and ″Zhuo(酌)″ both acquired the meaning ″to pour wine″, and there were such examples in literatures, but the latter was more common. ″Xie (泻) ″ and ″Dao (倒) ″ appeared in the periods of Wei, Jin, Northern and Southern Dynasties, whose main meaning was ″to dump″, and the usage ″to pour wine″ did not appear at that time. As far as they are concerned, the word frequency of ″Xie (泻)″ was higher, and it had a large number of collocates, especially in the book of Qimin Yaoshu (《齐民要术》). Since the Tang Dynasty, ″Zhen (斟)″ had gradually replaced ″Zhuo(酌)″ and held a dominant position, followed by ″Xie (泻)″ and ″Dao (倒)″. ″Shai (筛)″ and ″Shai (酾)″ began to appear in the Tang and Song Dynasties respectively. In the dynasties of Yuan, Ming and Qing, ″Zhen (斟)″ was still playing a key role, and its collocates had increased to a certain extent. At the same time, ″Dao (倒)″ began to hold a leading position in expressing the concept ″to pour non-alcoholic liquid″, tending to replace ″Zhen (斟)″. The word of ″Shai (筛)″ appeared in the dialect and became popular throughout China in the early Qing Dynasty, but it did not last long. After the middle of the Qing Dynasty, the usage frequency of this word declined, and it was only prominent in the dialect of Wu at the end of the Qing Dynasty. Correspondingly, ″Zhuo(酌)″ and ″Xie (泻)″ completely declined in the common language. Since the Republic of China, ″Dao (倒)″ has not only far outnumbered ″Zhen (斟)″ in expressing the meaning ″to pour wine″, but also is far beyond ″Zhen (斟)″ in collocation, and gradually replaced the dominant position of ″Zhen (斟)″ in the common language. Similar to ″Shai (筛)″ which had become the southern dialect, ″Zhen (斟)″ had also dropped out of the common language and were only used in Hui Dialect, Cantonese and Pinghua in Guangxi, etc. Generally speaking, ″Zhen (斟)″ is the leading word which had held the dominant position for the longest time in the whole history of the Chinese language, and the time of its position overtaken by ″Dao (倒) ″ is not very long. Today, the distribution of the conceptual domain ″to pour wine″ in the north and south of China came into being only after the May 4th Movement. All in all, the meaning development of many dialect words in modern Chinese can be interpreted and their origins can be found from a diachronic perspective.

2019 Vol. 5 (4): 132- [Abstract] ( 442 ) [HTML 1KB] [PDF 3184KB] ( 772 )
148 Zhen Dacheng
Three Problems in Using Variant Characters in the Study of the History of Chinese L
Variant characters in literature is a kind of valuable material for the study of the history of the Chinese language, contrasting and emending variant characters is also an important method. Nevertheless, as variant characters in the literature are complicated, we should be particularly cautious with it, otherwise, it is easy to misjudge and misunderstand, so as to misuse the variant characters as arguments in the research and even arrive at a wrong conclusion. Combined with specific research results, this paper discuss the following three problems which should be noticed when using Variant Characters in the study of the history of the Chinese Language: distinguishing the nature of the variant characters, distinguishing the authenticity of the variant characters, and distinguishing the source of the variant characters. The nature of variant characters caused by different reasons is also diverse, generally speaking, which can be divided into three types: collational variant characters, scripting variant characters, and rhetorical variant characters. Processing methods and research values for different variant characters with diverse nature are also different. For the collational variant characters, we should use the methods and principles of literature sorting to distinguish; Theory and method of philology should be applied to scripting variant characters to identify the relationship between different scripts; Theories and methods of linguistics (history of Chinese Language) should be applied to rhetorical variant characters to explore the alternative relationship between words and between sentences. When taking advantage of variant characters in the study of the history of the Chinese Language, we must recognize the nature of variant characters, once confused by variant characters with different nature and choose improper methods to research, then we wouldn't get the truth. Using variant characters (scripting variant characters and rhetorical variant characters) as materials for the study of the history of the Chinese Language, the methodology involved is comparison; But effective comparison should be based on the authenticity of comparison items. With the circulation of texts,one of the Variant characters ″A—B″ could get wrong (such as A becomes A'), then it seems right that the variant characters ″A—B″ became ″A'—B″. However there is not true correspondence between A' and B. Actually, authentic comparison item for B is not A' but A. This situation will confuse researchers and bring trouble to research, so attention must be paid to the authenticity of comparison items when using variant characters to establish the validity of arguments. Great progress has been made with regard to make language comparison using rhetorical variant characters to explore the development of Chinese lexical grammar and style transformation. However, working on such comparative research, must confirm the authentic source of variant characters. Only by establishing a true correspondence between variant characters can we effectively compare and avoid the disadvantages of aimlessness.
2019 Vol. 5 (4): 148- [Abstract] ( 630 ) [HTML 1KB] [PDF 1852KB] ( 801 )
163 Xiao Ruifeng
On the Antiphon Poetry of Liu Yuxi and Liu Zongyuan
Liu Yuxi and Liu Zongyuan were bosom friends and supported each other through ups and downs throughout their lives. They constantly exchanged letters and poems to console each other while being in exile in remote wilderness on political grounds. From the day they launched the innovation movement, they introduced each other as bosom friends. They fought against the unfortunate fate and the attack of hostile forces together. They encouraged each other in their lonely days. They expressed their emotions by letters and poems. The period when they were relegated again was the peak of their antiphon poetries. On the eve of the departure, they chanted and sang their antiphon poems, which were the embodiment of their intimate friendship. Liu Yuxi and Liu Zongyuan resided in Lianzhou and Liuzhou respectively. They communicated frequently, discussing philosophy, literature, medicine, calligraphy and other topics together. Maybe it was because they didn't want to pour too much sorrow into each other, nor did they want to transfer too much negative energy to each other, the antiphon poetries between them didn't focus on expressing feelings in these four years (815-819). They consciously used various genres to demonstrate their writing ability, and avoided the monotony and rigidity of the form of poetry. Another vital part of their antiphon poetries was the discussions about Chinese calligraphy, which are not only the remarkable exotic flowers in the garden of Tang Poetry, but also priceless historical records of Chinese calligraphy. Liu Yuxi and Liu Zongyuan both loved calligraphy, and Liu Zongyuan was more wrapped up in calligraphy. The theme of calligraphy does not require timeliness, also they didn't worry about whether it was politically correct or not. These poems about calligraphy were more relaxed and livelier than those antiphon poetries on other subjects. They teased and encouraged each other in these poems from time to time. They used many allusions and they gave full play to the functions of the antiphon poetries in mutual encouragement and entertainment. In 819, Liu Yuxi's mother died. At the same time, he received the obituary of Liu Zongyuan's death. This sudden double blow made Liu Yuxi very sad. In the process of editing Liu Zongyuan's anthology, he always sighed for his late friend who died young, and the yearning for him was deepening day by day. After Liu Zongyuan's death,Liu Yuxi and BaiJuyi first met in Yangzhou. Bai Juyi replaced Liu Zongyuan's original position in Liu Yuxi's heart,and became the most frequent friend with him. Especially in his later years when he was idle in Luoyang, there was more and more interaction between them. The number of antiphon poetries between them was huge. But the emotion of these poems was not as profound as those between Li Yuxi and Liu Zongyuan. In this sense, Liu Yuxi's and Liu Zongyuan's antiphon poetry were the kind of ″absolute sound″.
2019 Vol. 5 (4): 163- [Abstract] ( 742 ) [HTML 1KB] [PDF 1714KB] ( 1378 )
172 Zhao Jia
Impassible Narrative in French ″New New Novel″

In the late 1970s and early 1980s, French Minuit Press presented a group of young writers, described by critics as ″New New Novel″ or ″Impassive?Novel″. The novelists adopted the unemotional strategies in the narrative, abandoning the depiction of the interiority of the characters, which makes their works have a sense of distance, revealing the distance between the author and the characters, the narrator and the narrative. In terms of narrative perspective, ″New New Novels″ like to use the ″external perspective″ to remove the subjective moods and judgments of the narrator, and to minimize the existence of the narrator, leaving only a kind of description that can be called behaviorism. Even when using the ″internal perspective″, it also limits the emotions of the personages, reflecting the attitude of the contemporary people who are indifferent, wandering, refuse to integrate into the environment, and refuse to communicate with others. In terms of narrative tone, there is a sense of distance between the author and the personages, narrators and narratives, forming a neutral, objective, cold, ironic and non-emotional narrative tone. The ″New New novelists″ frequently use irony, and do not violently attack or ridicule the characters or events, but convey a calm and sense of distance.The narrator uses various methods to insert his own voice into the text implicitly or explicitly, enhancing the self-image of the narrator and the autoreflexive characteristics of the text. The narrative language reflects the two characteristics of simplification and precision. On the one hand, the narrator simplifies the language to the most basic information, retains only the necessary information, and deletes all the vocabulary of description, judgment and characterization; on the other hand, the narrator gives excessive details, causing distortion effects, in order to achieve the purpose of irony. The ″New New novelists″ create a large number of ″impersonal″ spaces in the text, including dead space, labyrinthine space and abstract space. The flat characters move in the impersonal space, the characters are not attached to any space, and the space can not provide a stable meaning for the action of the characters, all of which make the whole narrative show the characteristics of rapid change and movement, and evacuated of identity, personality, memories and emotions. In the narrative rhythm, ″urgency″ and ″ retention ″ form a two-paced rhythm, which results in the tension of narration. The ″New New novel″ creates a sense of distance through unemotional narrative strategies, such as precise descriptions like camera lenses, behavioral descriptions, descriptions of a large number of impersonal spaces, and alternation between emotions and irony. The unemotional tone is the resistance to ″ideology″, ″formalism″, ″ontology″ and ″psychological description″ in traditional novels, which reflects the ″plane″ aesthetics of contemporary literature.

2019 Vol. 5 (4): 172- [Abstract] ( 348 ) [HTML 1KB] [PDF 1784KB] ( 1106 )
184 Yu Lin Feng Yiran Hu Mengfei
Research on Total Factor Productivity: From the Perspective of Factor Allocation and Utilization Efficiency

China's economy has benefited from the two-wheel drive model of capital and labor for a long time since the reform and opening up. However, this model, which has been heavily relying on factors input, has been proved unsustainable. As China enters intoa new era, in order to adapt to the requirements of a high-quality development, we must use total factor productivity as a breakthrough to seek new impetus for our economic growth. Total factor productivity is proposed by Solow, the founder of the neoclassical growth theory in 1956. It is used to measure the role of technological progress, which embodies a country's technological innovation capability in economic development. However, inthis paper we argue that total factor productivity is not equal to the technological progress, because in most developing countries, the technology introduced by companiesthrough purchasing foreign patents and high-end equipment is actuallycombined with capital investments. This kind of growth has been counted into GDP. The substance of technological progress is not R&D innovations but introductions and imitations, so it is not advisable to equate total factor productivity with technological progress. Taking into the consideration of China's urban-rural dual structure, total factor productivity is also affected by the allocative efficiency of production factors such as labors, capitals, and lands. Therefore, the improvement of total factor productivity includes not only those achieved by the improvement of production efficiency at the micro-level, when enterprisesintroduces patents, technology and advanced equipment, but also those attained by the improvement of factor resources utilization efficiency and allocation efficiency at the macro-level,where factor optimization needs to be improved by economic efficiency and institutional innovations. If we look back to some stages of China's rapid economic development, we can see that total factor productivity is also the result of institutional innovation reforms and economic efficiency increase. Based on the above points, this paper constructs a VAR model, and selects four indicators(migrant workers, industrial capacity utilization rate, urban-rural income ratio, and research funding rate)from 2001 to 2017, to do the research of total factor productivity from the perspective of factor allocation efficiency and factorutilization efficiency,and attempts to figure out the mechanism behind it. Allocative efficiency of factors can be seen as a horizontal efficiency improvement, which is mainly influenced by the flow of production factors between urban and rural areas. While factor utilization efficiency can be regarded as a vertical efficiency improvement, which is primarily influenced by investment growth rate and R&D investments. We choose the number of migrant workers, urban-rural income ratio, industrial capacity utilization rate and research funding rate to represent it. As long as there is no excess production capacity, the improvement in capacity utilization can increase the total factor productivity; the expansion of the urban-rural income ratio is not conducive to the improvement of total factor productivity in the medium and long term; the increase in the number of migrant workers enables factor flow easier, hence the total factor productivity can be improved in the short term; R&D investments may reduce total factor productivity at the beginning, but after a period of time, its positive effects will gradually appear and contribute positively to total factor productivity. In the end, based on the research results, we put forward some policy recommendations for China's economic growth: Optimizie production capacity to improve factor utilization efficiency; Crack urban-rural dualization to improve factor allocation efficiency, and Strengthen the intellectual property protection system to promote innovation.

2019 Vol. 5 (4): 184- [Abstract] ( 1433 ) [HTML 1KB] [PDF 2028KB] ( 827 )
195 Hu Suying
The Present Situation and Optimization of Allocation of Financial Rights in Financial Governance in China’s Universities

The efficiency of financial governance is critical to the performance and sound development of universities in China. The rational allocation of financial rights is the fundamental cornerstone and important content for achieving efficient financial governance. This paper innovatively analyzes the revenue and expenditure items listed in the publicly issued final statements of universities, and finds that the allocation of financial power in China’s universities is changing, which is reflected in the obvious increase in both revenues and expenditures, decrease in state appropriations and increase in energy-saving and external exchange expenditures. The changes disclose the constantly increasing complexity of the allocation of financial rights in universities and the urgency to optimize the allocation of financial power. From the micro and macro view, this paper systematically reveals the main defects in system construction and joint governance faced by China’s universities, including: (1) implicit relevant provisions made by the Ministry of Education, late published budgets within the universities, lack of communication between departments (faculties) during the university-level budget-making process and imperfect social supervision mechanisms during the university-level budget-implementation process, (2) loosely grouped interest-related parties and the unbalanced management power of the internal parties. To detect the underlying reasons, this paper further analyzes the relevant policies and management modes then summarizes the reasons into three categories: fuzzy policy orientation, unclear role of financial appropriation and insufficient administrative effectiveness. Aiming at tackling the above-mentioned problems that hinder the allocation and implementation of financial rights in China’s universities, this paperformulatesoptimization strategies of financial rights allocation regarding the following three aspects: (1) Through strengthening the budget function and consolidating the budget preparation process, the universities are urged to discover potential problems independently. At the same time, through providing active feedback to governments at all levels and the education sectors, the universities will be able to make policy orientation clear, and further urge the government to function well in the development of universities; (2) Through performing active network governance, universities can clarify the relationship between themselves and interest-related parties as well as the relationship between departments (faculties) within the universities, which will provide the basis for broadening the source of funds; (3) Through adopting the responsibility center management method, universities can clarify the rights and responsibilities between various departments (faculties) within the university, and further promote the balance of allocation of financial rights. These optimization strategies are of practical significance for optimizing the allocation of financial rights in universities, improving financial governance and raising the efficiency of fund management, which thus will enable the authorities to play a better role, the universities to function better and the output of education to be more fruitful. If the problems existing in the allocation of financial rights are effectively solved, universities will be able to coordinate financial rights and authority to a greater extent. In addition, the efficiency of fund utilization and the performance of operating universities will be improved. As a result, the society will be more harmonious. This will help universities in our nation to better support the performance of innovation-driven development strategy, serve the economic and social development, promote excellent traditional Chinese culture, cultivate and practice core socialist values, promote the development of higher education connotation, and assist early realization of the goal of constructing ″a Powerful Nation of Higher Education″.

2019 Vol. 5 (4): 195- [Abstract] ( 486 ) [HTML 1KB] [PDF 1880KB] ( 609 )
207 Lu Jianping
An Investigative Research on the Dynamic Data of International Communication of Chinese Academic Norms

The international important academic journals such as Nature and Science have a tradition of publishing articles to expose academic misconduct in various countries, and they have been keeping a close eye on the dynamics of academic norms in China as well. Their reports or comments have not only attracted academic attention internationally, but have also made contribution to the improvement of their own influence. In contrast, China, as a source of relevant information, has largely been absent from the first reports or comments on relevant phenomena and developments in its academic journals. Therefore, it has always been in the passive state of being exposed and criticized. This study aims to explore the value and significance of international communication data on the dynamics of Chinese academic norms. Investigations are made to understand the methods and strategies employed by the top international journals for enhancing their influence through category analyses of data visualization according to text type, publication year, author's nationality and their institution, and through data collection of relevant articles' citation information on Web of Science and Scopus. At the same time, China's home-made academic journals' relevant data are analyzed on the two academic platforms and compared with their citation performance on CNKI and WanFang Data. The paper finally proposes that Chinese academic journals should fully understand that scientific misconduct is a worldwide challenge and should rationally face up to those problems occurred in our country. They can, under the guidance of a more international concept, learn from the practice of Science and Nature in timely publishing reports on the trends of China's academic norms to make effective use of resource advantages and adopt flexible communication modules such as setting up targeted columns to show their ability and confidence in objective self-evaluation and self-correction of academic misconduct, and at the same time, to attract attention and improve Chinese journals' international visibility and influence.

2019 Vol. 5 (4): 207- [Abstract] ( 347 ) [HTML 1KB] [PDF 2116KB] ( 657 )
217 Wu Hanyu
Rethink and Reconstitution the Legal Status of the Insured

It is commonly recognized in the area of insurance law in China that the insured should be regarded as the privy in insurance contract. However, such status quo has revealed inherent contradictions and caused confusion. First, although the insured is the privy under the insurance contract, he enjoys the most important right to claim insurance premium and is able to transfer the right to the beneficiary according to his will. The policy-holder is regarded as the contractor, but he bears the obligation to pay the premium and is not granted the right to claim the insurance premium. This goes against the norms concerning the relationship between the privy and contractor in the traditional civil law. Second and more specifically, although the policy-holder is recognized as a party in the contract and the insured is only the privy, the rights and obligations granted to the insured by the insurance law in our country significantly out number those of the policy-holder. The above contradictions and puzzles are mainly rooted in the unique functional characteristic of insurance contract, namely, insurance contract is a contract that aims for dispersing risks and compensating loss, which mainly serves for the interests of the insured.Because of this characteristic, insurance contract possesses unique rights and obligations distribution structure, which dramatically differ from that of the ordinary civil contract.Although the policy-holder is the person who sigh the insurance contract, he only enjoys limited and pre-agreed partial rights under the insurance contract after the contract goes into effect and the status of the policy holder in contract is featured by subordination. Although the insured may not necessarily be involved in the signing of the insurance contract, but because the purpose of the insurance contract is to protect his recognized interests in law, the insured’s rights and obligations prevails. In fact, the insured is equivalent to the party in a contract. In this sense, the existing definition that the insured is the privy in the insurance contract cannot adequately reflect the importance of the insured in the insurance contract and is not conducive to provide legal protection for the insured. In view of the insured’s actual function and the traditional theoretical system, we propose to continue carrying out the useful tradition of using commercial law to alter and update the concepts of civil law. Drawing on the innovations of company law that list the parties who are not the shareholders but can actually control the company through investment relations, agreements or other arrangements as the ″actual controllers″, it is suggested to relocate the insured as an ″actual insurance contractor″. In addition, the setting that the insured is actual contractor should be guaranteedthroughoutthe whole insurance legislation to compensate the inadequate protection of the insured's interest in the legislation caused by the deviation of the definition of the insured in the past theory. More specifically: in the system of rescission by policy-holder, we should pay more attention to the interest of insured and recognize the right of involvement of the insured; with respect to the system of group insurance, we should recognize the right of contract conversion of the insured; in the system of suspension and reinstatement of the policy, we should impose the obligation of the insurer to notice the payment of premiums and explain the consequences, as well as the eligibility of the insured to apply for reinstatement; with respect to the system of the insured’s casualties caused by the policy holder, we should make a change to stipulate that when the policy-holder and the insured are inconsistent, the insurer shall be responsible for the loss as the exceptions. In addition, we should recognize the principle of inclined protection for the insured and list it as a general principle in insurance law, so that the legal status of the insured can be adequately reflected.

2019 Vol. 5 (4): 217- [Abstract] ( 429 ) [HTML 1KB] [PDF 1755KB] ( 595 )
229 Gao Xueqiang
Chinese Justice in the Age of Artificial Intelligence

Now the world has entered the era of Artificial Intelligence, the rapid development of Artificial Intelligence affects all aspects of human life, justice is no exception. Although great achievements have been made in judicial reform in China, there are still many problems in judicial justice, such as openness, efficiency and convenience for the people. Under the new era background of the comprehensive and further deepening of judicial reform and AI development strategy of the Party and the state, AI has such values as preventing unjust and wrong cases, improving judicial efficiency, preventing judicial corruption, ensuring judicial justice, openness and enhancing judicial credibility, which make it necessary and possible to apply AI to judicial reform and practice in China. In the Fourth Five-Year Reform Outline of the People’s Court (2014-2018), Artificial Intelligence and the construction of intelligent courts have not yet been involved. In the Thirteenth Five-Year Plan for National Informatization, the application of Artificial Intelligence in judicial practice is first proposed. The New Generation of Artificial Intelligence Development Plan upgrades the development of Artificial Intelligence into a national strategy, requiring the widespread application of Artificial Intelligence in judicial services and other fields. Since then, the people’s courts, people’s procuratorates and public security organs at all levels have implemented the spirit and requirements of the State concerning the combination of Artificial Intelligence and judicial reform and practice, and comprehensively promoted judicial Artificial Intelligence with the emphasis on the construction of intelligent courts, intelligent procuratorial services and intelligent public security. Artificial Intelligence is a ″double-edged sword″, and its dual nature will also affect the application in judicial practice. The positive influence of AI on our judicial practice is mainly manifested in the construction of intelligent courts, intelligent trials, intelligent procuratorial services, crime prevention and surveillance, criminal case investigation and lawyer practice. Negative effects are mainly manifested in its impact on the legal profession and future employment, the possible disclosure of privacy and data, algorithmic discrimination, discrimination in crime risk assessment, etc. In addition, the current shortcomings of AI technology itself also restrict and affect its application in judicial practice. As for these negative effects brought about by the application of Artificial Intelligence in our judicial practice, we should actively deal with them. We should constantly improve Artificial Intelligence through technical means, regulate it through legal means, and make Artificial Intelligence better serve our judicial reform and practice. In short, the development and wide application of Artificial Intelligence has become an irresistible trend of the times, and the strong advantage of Artificial Intelligence is irreplaceable by any other technology. But Artificial Intelligence can never replace human intelligence. In our country’s judicial reform and practice, giving full play to human’s subjective initiative, supplemented by Artificial Intelligence, will certainly create a just, open, convenient and efficient judicial environment. The advent of intelligent justice is no longer a dream!

2019 Vol. 5 (4): 229- [Abstract] ( 516 ) [HTML 1KB] [PDF 1774KB] ( 1017 )
JOURNAL OF ZHEJIANG UNIVERSITY

More>>  

   · CNKI
   · Wamfangdata

More>>  
Copyright  ©  2009 JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)
Support by Beijing Magtech Co.ltd   support@magtech.com.cn