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JOURNAL OF ZHEJIANG UNIVERSITY 2021 Vol.51 Number 5
2021, Vol.51 Num.5
Online: 2021-10-29

Article
 
Article
1
2021 Vol. 51 (5): 1- [Abstract] ( 390 ) [HTML 1KB] [PDF 2144KB] ( 806 )
5 Feng Guodong, Qin Longquan
Editing the Fragments of the Lotus Sutra from Li Shengduo's Dunhuang Collections Hot!
The Lotus Sutra is a classic of Mahayana Buddhism. Soon after Kumarosh translated the Lotus Sutra, it was widely spread and influential in China. The first 432 numbers of fragments from the Dunhuang Secret Collection were collected by Li Shengduo. On the basis of a comprehensive survey of the published Lotus Sutra, according to document content, edge shapes, textual layout, calligraphy style and font, etc., 10 numbers of fragments in the Dunhuang Secret Collection with 14 others in other collections can be pieced together into 10 groups. Details of the 10 groups are as follows: (1) Hane 123+BD 5527+BD 5531; (2) BD 11333+Hane 122; (3) BD 6992+Hane 296; (4) Hane 130+S. 6846; (5) BD 7058+Hane 6; (6) Hane 405+BD 4218+BD 4202+BD 4104+BD 4198; (7) BD 1400+Hane 149; (8) BD 8739+Hane 398; (9) S. 7246+Hane 360; (10) Hane 353+P. 3139.Our efforts help the displaced “children” reunite into the “family”. More importantly, our efforts also help date some fragments with no chronological information by themselves. For instance, BD 7058 (in group 5) can now be safely dated as being copied in the second year of Shangyuan of the Tang Dynasty (i.e., 675 AD) after it was pieced together with Hane 6, which carries a transcription date at the end of its text reading “10/28, 2nd year of Shangyuan”. Since 10 folios in Li’s collection can now be pieced together with 11 folios (or fragmental scrolls) in the National Library of China into seven groups, with 2 folios (or fragmental scrolls) from Stein’s collection in Britain into two groups, and with 1 folio (or fragmental scroll) from Pelliot’s collection in France into one group, they can now be verified as genuine manuscripts from Dunhuang Library Cave.Through a recombination of the Lotus Sutra folios of the Dunhuang fragmental manuscripts, we have obtained the following four insights:1. The edges of some fragmental folios do not completely match after they are pieced together. For example, only the middle part of the tail of Hane 123 can be exactly fitted together with the head of BD 5527, while their upper and lower parts cannot be completely pieced together. It might be the case that the upper and lower parts of the folios were damaged before Li Shengduo tore along the damaged part of the sheet to cover up his theft. It might also be possible that the upper and lower parts of Hane 123 got worn out in the process of dispersion after Li had torn the sheets into separate pieces. Similarly, it might also be the case that the middle of BD 5527 remains unaffected while the upper and lower parts get affected by the environment. The crack between the edge of the tail of BD 5527 and that of the head of BD 5531 might be damages of paper caused by temperature, humidity, and other environmental factors.2. It is highly likely that Li Shengduo tore the scrolls along the pasted areas between paper sheets, or at the blank space between lines of characters, so as to avoid damaging the characters and make the numbered scrolls appear untouched as they should have been. For example, after BD 11333 and Hane 122 are combined, the crack at the joint is roughly vertically downward along the paste between the sheets, and only the characters “以是” in the upper part of one sheet are torn. For another example, after BD 4202 and BD 4104 are combined, only the characters “灭后” and “持” were slightly damaged at the crack. It seems that Li Shengduo must have been very careful when he was tearing sheets from the scrolls. The above pieces of evidence not only confirmed Li Shengduo’s theft, but also revealed the details of his tearing to fill the count.3. Some fragmental scrolls might have been worn out due to daily use, selection, and other activities. For example, Hane 130 and S. 6846 may have been inadvertently separated by monks in their daily religious activities before they were sealed up in the Library Cave, or by Aurel Stein when he was selecting the manuscripts after Taoist Wang Yuanlu reopened the Library Cave.4. Some fragmental folios might have fallen apart naturally at their sticking places after a long time. For example, both the separation between the tail of Hane 405 and the head of BD 4218, and the separation between the tail of BD 1400 and the head of Hane 149, happen to be at the sticking places between the sheets.
2021 Vol. 51 (5): 5-19 [Abstract] ( 354 ) [HTML 1KB] [PDF 35691KB] ( 792 )
20 Xu Hao, Zhang Yongquan
A Study on Reconstructing Dunhuang Manuscripts of Mahāpraj?āpāramitā-sūtra Collected in Kyōu Shooku Hot!
The Dunhuang Secret Documents (Tonkō Hikyū) includes the essential portion of genuine Dunhuang manuscripts collected by Haneda Tooru in the Kyōu Shooku, which were formerly collected by such famous Chinese collectors as Li Shengduo, He Yansheng, Wang Shunan, Xu Chengyao, Zhang Guangjian, and others. However, except some intact manuscripts, most of them are fragmentary, and among these fragments, quite a few are from the same scrolls that were torn apart. Via piecing fragmentary Dunhuang manuscripts from the Kyōu Shooku together with those from other institutes, we can investigate the characteristics of the manuscripts collected in the Kyōu Shooku and explore the history of how these cultural relics were scattered from the Library Cave.Based on a general survey of the Dunhuang documents that have been released by public and private institutes all over the world, according to their successive content, the match of fragmentary characters, the same formats, similar writing styles or scripts, we are able to piece forty-nine fragments of Mahāpraj?āpāramitā-sūtra together as sixteen groups, namely: (1) BD6779+H531+S.9146…BD3157(This article use “H” as the abbreviation for Haneda Tooru collection in the Kyōu Shooku), (2) Дх.12468…H255, (3) H343…S.4097, (4) BD5077…H450, (5) BD11905…BD10096+BD4854+H520, (6) BD4286+H265, (7) BD345+H668, (8) Дх.5663+H644, (9) H243…S.9223, (10) Дх.10919…BD6023+H423, (11) H522…BD6635, (12) S.7288…H195, (13) H394+BD1300, (14) BD10879+H345, (15) H248…Дх.5831+Дх.5869+Дх.8781, (16) BD11970…BD12138+BD12149…C.91…H88-2~8…“Дх.1784,Дх.1830, Дх.1855”…Дх.217+BD11812…Дх.18066…Дх.6852. While these reconstructions reunite the scattered “bones and flesh” of Dunhuang manuscripts, and therefore restore the original forms of the manuscripts from the Library Cave, they also help with further researches on identifying and dating these fragmentary Dunhuang manuscripts as well as researches on the characteristics of their paper and scribal practices.To summarize, we can learn four points from the sixteen groups of fragments reconstructed above. (1) Compared with the fragments that can be reconstructed in the collections of Dunhuang manuscripts in the National Library of China (NLC), in Britain and Russia, those collected in the Kyōu Shooku include more manuscripts that contain scripture titles and colophons, and more long scrolls. Comparatively, in these manuscripts in the Kyōu Shooku collection, the writing is neat, the calligraphy is good, and there are many characters that were introduced by Empress Wu Zetian, for example, zheng () and shou (). These characters have long been regarded as a kind of symbol of manuscripts from the early Tang Dynasty by collectors. The above features reflect that the manuscripts collected in the Kyōu Shooku were carefully selected by Chinese collectors such as Li Shengduo. (2) From the amount of fragments that can be pieced together, and how well they could be matched, the collection in the Kyōu Shooku is most closely related to the collection in the National Library of China. (3) The fact that only one of the above reconstructed manuscript is complete while the other fifteen manuscripts are all incomplete to some degree indicates that most of the manuscripts may have been damaged before the Library Cave was opened, and the manuscripts collected in the Kyōu Shooku are not exceptional. (4) Among the fragments that have been pieced together, some fragments belong to the collection in Russia. It means that after Dunhuang documents were looted those left in the Library Cave were not thoroughly collected when they were packed and sent to Beijing in 1910, and the rest left in the cave were eventually collected by the Russian Oldenburg expedition team. Based on the fact that fragments from the Kyōu Shooku and those from the NLC can be pieced together in four groups, we learn that the manuscripts sent to Beijing were damaged again. However, these damages happened before Chinese collectors such as Li Shengduo had the opportunity to steal the manuscripts. Otherwise, these experts would have obtained more complete manuscripts before they were preserved rather than those fragments found scattered in China and Japan today.
2021 Vol. 51 (5): 20-41 [Abstract] ( 361 ) [HTML 1KB] [PDF 54262KB] ( 784 )
42 Qin Hualin
A Study on Dao Yao Fragments in Dunhuang Manuscripts Collected in Japan Hot!
The early photos of Dunhuang manuscripts taken in the first half of the 20th Century can be regarded as an academic rich mine. They not only preserve many original features of Dunhuang manuscripts but also provide information in the process of loss. The library of the Institute of the Humanities of Kyoto University has a set of early photos of the Dunhuang manuscripts. The photos are large in size, clear in image, clear in shooting time and collection source. These photos deserve the attention of researchers.The library collection catalogue records the collector of the Dunhuang manuscript as “Etou, Tokyo”, who is Etou Takao, a famous antique dealer in Modern Japan. The Etou Takao Dunhuang manuscripts collection is now stored in the National Diet Library of Japan, the collection number being WB32-1 (30). This collection was little known for a long time until 2012 when Wang Ka mentioned and supplemented the WB32-1(30)manuscripts in the Daoist leishu (categorized writings) of the Northern and Southern Dynasties, Sui and Tang Dynasties, which not only pointed out that its document nature is the fragment of Dao Yao but also further pointed out that the manuscripts can be combined with P. 2443 manuscripts preserved in France. It can be seen that this scroll is indeed from the Dunhuang Sutra Cave and has important literature value.In March 1908, Pelliot spent three weeks on a large-scale inspection of the documents of the Dunhuang Sutra Cave. Seven volumes of Dao Yao, including P. 2443, fell into Pelliot's hands. It can be inferred that P. 2443 and WB32-1(30), which originally belonged to the same manuscript, had been broken into two as early as March 1908. Moreover, it cannot be ruled out that the WB32-1(30)manuscript had been dispersed from the Dunhuang Sutra Cave before the arrival of Pelliot (i. e. 1900-1908). Since the release of the Dunhuang Sutra Cave, the manuscript had been circulated among antique dealers and collectors for a long time until it was purchased by the National Diet Library of Japan in 1960.WB32-1(30)and P.2443 belong to the same manuscript of Dao Yao. However, these two manuscripts have no year title. For such Dunhuang manuscripts without exact time, we should first divide periods. Based on a comprehensive investigation of the shape of the manuscripts, the taboo characters in the Sui and Tang Dynasties, the age of writing and the calligraphy style, especially considering that it is very likely that Taoists are deliberately not taboo under the influence of the Buddhist custom of “not worshiping the king”, it is appropriate to date the transcription of the manuscripts of Dao Yao, WB32-1(30)and P. 2443, to a period from the early Sui Dynasty to the prosperous Tang Dynasty (i.e. the late Sixth Century to the early Eighth Century). We cannot just push the copying age of the two manuscripts of Dao Yao forward to the “Six Dynasties” or narrow it down to the “Wu Zhou Period” based on the fact that it did not avoid the taboo words in the Sui and Tang Dynasties.When Wang Ka talked about joining together P. 2443 and WB32-1(30), he made a full argument on the front part of Dao Yao, and did not involve the Buddhist practical text on the back, so it was not comprehensive. After careful examination of the images, we find that the two manuscripts of P. 2443 and WB32-1(30) have been trimmed and cut to varying degrees. The latter, in particular, has been handed over to antique dealers in China and Japan from the Dunhuang Sutra Cave. In order to improve the appearance and raise the price, the mercenary antique dealers cut the upper and lower ends of the original volume horizontally as a whole without harming the words of Taoist books on the front. It can be seen that when piecing together Dunhuang fragments, we should take into account various complex factors that may be encountered in the dissemination of the original manuscripts, such as cutting, repair, and trimming, and be as cautious as possible.
2021 Vol. 51 (5): 42-52 [Abstract] ( 352 ) [HTML 1KB] [PDF 5172KB] ( 703 )
53 Wang Yunlu
A Discussion on the Synchronous Word-formation of Chinese Time Words from “Lingchen (凌晨)” Hot!
As we all know, language is a kind of system, which is not only reflected in the whole language but also in each unit of the language. In semantics, the study of the core meaning of Chinese lexicon reveals the internal relationship among entries. In grammar, Chinese disyllabic words have specific diverse structural relationships. How do language units relate to one another? At the same time, various units of language do not exist in isolation, but interact with each other. There is a profound correlation between semantics and grammar, i.e. the synchronous word-formation law of disyllabic words on the basis of the same word formation mode is a manifestation of the systematic interrelatedness among multiple units. Its production mechanism lies in the consistency of word forming morphemes’ core meaning or other meanings, and in the imitation and analogy mechanism of word creation.At the same time, through a combination of synchronic and diachronic research, it is argued that verb-object time words exhibit identical development directions and word-formation sequences, i.e., initially a verb object phrase structure, which means “approaching dawn” or “close to night” develops into a word structure, which means early morning or evening.Above all, we argue that disyllabic time words exemplify the law of synchronous word formation, that is, they all generate words according to a same word formation mode, which also confirms the concept of coordination and systematicness of word meaning and morphology. From a diachronic point of view, the extension tracks of different words are roughly parallel, which does not mean that the extension of meaning or the speed and era of word formation are completely the same, that is, the synchronization process itself is not necessarily identical, but they are completely equivalent in sequence of word formation; According to morphemes, it can be concluded that there are three types and levels of synchronous word formations such as the following:(1) Same morpheme+synonymous morpheme=synonymous synchronous word formation (narrow sense)(2) Same morpheme+same morpheme=same synchronous word formation (basically)(3) Synonymous morpheme+homogeneous (semantic) morpheme=homogeneous synchronous word formation (broad sense)In a nutshell, when a disyllabic word is put in front of us, it is as a matter of fact a kind of phenomenon, a micro synchronous word formation system, and could be possibly made sense of the synchronous word formation theory. With the result that this systematical and coordinated theory is not only a summary, which will make the interpretation and teaching of disyllabic words more scientific and reduce a blind subjective interpretation of the text, but also a formulated prediction, which can help us take an eye of a series of related words as a whole, rather than treating each one of the words in isolation. The impact of the synchronous word formation on Chinese has been fundamental.
2021 Vol. 51 (5): 53-70 [Abstract] ( 374 ) [HTML 1KB] [PDF 1092KB] ( 1278 )
71 Xu Jianyu
A Relational Construction Featuring “Yi” (一) and "Ban" (半) Hot!

Concerning the constructions formed by the echoes of the numerals “Yi” (一) and “Ban” (半), four-character phrases, such as “一时半会” and “一知半解”, which generally means small quantity, used to draw most attention. The research objects selected in this paper are quite different. Firstly, they are not confined to the four-character structure in form, as shown in such constructions as “一部民国史,半部在浙江” and “一座开封城,半部民国史”, which are typically structured in a couplet with two five-character lines. Secondly, it is intended to emphasize the importance of a certain part in a whole. The first example mentioned above is characterized by the whole preceding the part, while the second is characterized by the part preceding the whole. In both cases, under the premise that the frame of “一……,半……” remains unchanged, the nouns in the front and back of each can also be reversed as “一个浙江省,半部民国史” and “一部民国史,半部在开封”,which basically mean the same as the original expressions. The fixed items in this construction are the corresponding numerals “一”and “半”, called relational characteristic words in this paper, They are initially positioned in the front section and in the back section respectively, with “半” at the core of the construction, as a key indication of the sentence-internal relationship. In some examples, “一” can be omitted, but not “半”. Another key to this construction is the nouns included in the first section and in the second section respectively. Drawing on the “Figure-Ground” model in the image schema theory of cognitive linguistics, this paper clarifies the two conceptual categories of the nouns that represent the whole (hereinafter referred to as N-whole) and the nouns that represent part (hereinafter referred to as N-part), and summarizes in one sentence the relationship between the nominal phrases in this construction: the N-whole includes but is not confined to the N-part with the latter meaning less than a half of the former, which explains why raising it to the status of “(one) half”of the whole emphasizes the importance of its status as well as its implication of exaggeration. “一” and “半” in this construction should not be interpreted literally. All this shows that the linguistic logic is not necessarily the same as the mathematic one. This construction, focused on the thinking pattern of contrast, highlights the importance of “part” relative to “whole”, through a comparison between N-whole and N-part as well as that between “一” and “半”. On the basis of a large collection of examples, the “一……半……” construction can be classified into two types: one featuring the whole preceding the part and the other featuring the part preceding the whole. A conclusion that can be reached through a study from the perspectives of syntax, semantics and rhythm is as follows: The “一……半……” construction discussed in this paper is a number-involving, antithetical, and cultural construction. The first two of these three characteristics have been discussed above, and here we will focus on the third one. The cultural connotation of this construction includes not only the number culture and the antithesis culture, but also the psychological culture of language users. This construction is rich in humanistic connotations, considering the trade, regional and temporal nature of the referents of the nouns in this construction. Moreover, the nouns in this construction mostly contain the Chinese character “史” due to the tendency of the Chinese people to value the historical status of people and things when passing judgment on them. Correspondingly, the measure words in such a construction are most frequently “部”. It is concluded that the fundamental reason for the differences in meaning between the “一…… 半……” construction typified by the couplet with two five-character lines and the four-character “一……半……” construction lies in their different grammatical structures, the former being of a subject-predicate structure and the latter a coordinating structure.

2021 Vol. 51 (5): 71-83 [Abstract] ( 217 ) [HTML 1KB] [PDF 836KB] ( 668 )
84 Yao Jinyun, Shao Peiren
Reciprocity as a Social Norm or Gift-giving as a Social Norm: From an Interdisciplinary Dialogue (1939-2013) to a Classic Model of Chinese Interpersonal Communication Hot!
On the issue of gift-giving, renqing and intersubjective relationship, Fei Xiaotong’s chaxu geju (differential mode of association), a 75-year long dialogue among scholars (1939-2013), involving anthropology, sociology, psychology and communication, has brought a new Chinese theory of interpersonal communication to the surface. However, it is within a stone’s throw of the final theory generation due to the tension and contradiction between their dialogues, and its vague relevance to communication. The paper follows Peters and Carey in their problem consciousness and method of argumentative conversations, reorganizes the dialogues, and finally integrates into a new theory, setting the story of Liu Laolao’s Six Visits to Daguanyuan as an empirical background. The new dialogue thus resolves disagreements in three ways. The first one is “judging the guanxi”. Fei’s concept of Chaxu geju focuses on the features of kin and non-kin relations, in which the proximity of kinship and friendship is determined by one’s own lineage, while Huang Guangguo is more concerned with expressive tie, mixed tie and instrumental tie, but its explanatory power is limited to non-kin relations. The second one is “the balance of giving and repaying”, which is derived from the Confucian concept of “reciprocity as a social norm” (Lishang-wanglai), equivalent to the universal principle of “reciprocity” in human communication, but for Chinese it is the basic premise, and the higher law is renqing, the moral obligation. The third one is renqing. The disagreements mainly centre around the differences between “giving renqing/returning renqing” and “sending renqing gifts”, the former aiming at reciprocal “Lishang-wanglai” (礼尚往来), including “presenting a gift and seeking guanxi” in extreme cases, while the latter pointing at “differential reciprocity”, practicing gift exchanging (Li Shang Wang Lai, 礼上往来) as a social norm, and also the key indicator of “closeness and distance”, involving the ritualized gift exchange. From “reciprocity as a social norm” (Lishang-wanglai) to “gift-giving as a social norm” (Li Shang Wang Lai), the question of “how society is possible” turns to a problem in communication studies. On the one hand, renqing, which is embodied as Chinese “cultural design”, revises the universal principle of reciprocity “into the specific principle of differential reciprocity”, with a moral obligation to maintain long-term kinship. On the other hand, renqing also corresponds to a set of “semantic device”, which not only makes contacts, exchanges and gift-giving a symbolic process to present and confirm the significance, but also organizes symbolic forms, meaning production and physical commodity exchange into a set of social practices. Hence, as commonplace as “relatives” may seem, they imply the miracle of social life, that a family, lineage and society can be established even without expressive or instrumental reciprocity.Finally, the paper integrates both Kwang-kuo Hwang’s and Yan Yunxiang’s theories into a new model of Chinese interpersonal communication. The three components of renqing, emotional attachment, rational calculation and moral obligation, form a dynamic meaningful structure, by which the medium function of gift-giving and the nature of intersubjective relationship are defined. From the motivation of personal interaction, emotional attachment (expressive) and rational calculation (instrumental) reflect the universal principle of reciprocity, which helps to construct and maintain short-term relationships. Starting from the norms of social communication, moral obligation symbolizes the cultural design of reciprocity, which is helpful in constructing and maintaining long-term relationships.
2021 Vol. 51 (5): 84-98 [Abstract] ( 509 ) [HTML 1KB] [PDF 2109KB] ( 1129 )
99 Hu Kaibao, Zhang Chenxia
International Dissemination of the Core Concepts of Diplomatic Discourse of Contemporary China: Status Quo, Problems and Strategies Hot!
This article investigates the tendencies and features exhibited in the international dissemination of the core concepts of diplomatic discourse of contemporary China by using corpus methodology, including “Chinese dream”, “the Belt and Road Initiative” and “community with a shared future”, and discusses the status quo, existing problems and strategies of the international dissemination of these core concepts. The research reveals that these concepts have drawn attention from mainstream media in Britain, U.S.A. and India to varying degrees. Among them, “the Belt and Road Initiative” is the most popular, and “Chinese dream” is next. On the whole, the mainstream media in Britain, U.S.A. and India hold neutral attitudes towards contemporary Chinese diplomatic thoughts or ideas expressed by these concepts, but there are also negative attitudes. Some media misunderstand and even misinterpret the connotations of these concepts. It should be noted that these tendencies and features might be explained by the lack of consistency in translating these core concepts, the lack of diversification in communication subject, and the monotony in communication form and approach, in addition to the huge differences in social systems and mainstream ideologies between China and the above-mentioned countries. In recent years, a great number of new concepts and new terms have appeared in the diplomatic discourse of contemporary China. These concepts have been translated into different languages, which have facilitated the international dissemination of these concepts. However, the translations of some core concepts tend to be changeable, which leads to the misunderstanding and misinterpretation of the connotations of these concepts by governments or people in other countries. In addition, the international dissemination of the core concepts has been conducted by the government for a long time, which not only leads to a limited dissemination coverage of these concepts, but also makes it less likely to be accepted by ordinary people abroad. Moreover, the international dissemination of the core concepts has been heavily reliant on the use of written text instead of other communication forms, such as video, picture or conference. Political discourse and journalistic discourse have been used as the primary communication approaches, but academic discourse or folk discourse has seldom been used. Due to these factors, there is much room for improvement in communication breadth and depth for the international dissemination of these core concepts. Therefore, we are required to adopt the strategies of flexible communication, multiagent communication and multimode communication to promote the effective dissemination of these core concepts. First of all, we are supposed to uncover and explain the universal values and cosmopolitan significance embodied by these core concepts, so as to make them culturally closer to foreign audiences, and arouse their emotional identification with these concepts and the ideas conveyed by them. We may also disseminate the core concepts and the values and diplomatic ideas or thoughts conveyed by telling stories or narrating typical cases. Secondly, we are required to give play to the roles of different communication subjects in the international dissemination of the concepts, such as the government, citizens, multinational enterprises, social organizations and other non-government organizations according to communication purposes and audiences. As a matter of fact, it is because we have given full play to the roles of different communication subjects that the international dissemination of the concept “the Belt and Road Initiative” has proven to be effective. Finally, different communication forms and approaches should be used in disseminating the core concepts of diplomatic discourse of contemporary China. We should not only attach importance to the use of written texts as a kind of symbolic communication form, but also give full play to the roles of multimodal form, another kind of symbolic communication form, and substantial communication form as well. Moreover, we are required to make combined use of a variety of approaches, including political discourse, journalistic discourse, academic discourse and folk discourse, and take advantage of the strengths of different approaches.
2021 Vol. 51 (5): 99-109 [Abstract] ( 308 ) [HTML 1KB] [PDF 680KB] ( 855 )
110 Gao Fen, Wan Andi
Origin, Connotations and Characteristics of Contemporary Western Gender and Transgender Theory Hot!
Gender and Transgender Theory is influential in the contemporary Western critical theories. An integral examination of its origin, connotations and characteristics is helpful in disclosing the common features of the contemporary Western theories. The origin of theory can be traced back to the feminist exploration of female oppression root in the 1920s, the studies of sex/gender classification and sex/gender system in the 1960s and 1970s, and male/female binary opposition predicament in the 1980s. With gender and transgender as its core terms, and driven by the goal of breaking through binary opposition, it conducts an in-depth theoretical discussion and critical practice on gender theory and transgender theory. On the one hand, it examines sex/gender relations from multiple perspectives, and proposes the following theories: a theory of abandoning simplistic sex/gender distinctions to argue for gender as a complex discursive construction, a theory of gender as a useful category of historical analysis, a theory of identifying male/female sex differences, and a theory of gender determining sex; and all these theories are intended to eliminate sex/gender and male/female binary opposition and to disclose diversified connotations of gender. On the other hand, it describes and analyzes the connotations and essence of the sexual orientation of transgender groups based on the investigation of transgender situations in the society, which not only discloses the root cause of transgender suppression from multidisciplinary perspectives, but also clarify the reconstructive survival attitude, gender discourse and gender connotation, aiming at fighting for a fair and reasonable social status and political treatment for transgender groups, and a harmonious-coexistent social and political pattern among diverse sex orientations. In addition, it forms a theory-practice promoting relationship with lesbian criticism and queer criticism, showing interaction between literary criticism, cultural analysis and theoretical construction. Gender and Transgender Theory embodies three remarkable characteristics: firstly, it has a clear awareness of intervening and interfering in society and politics, which is geared to change the existing discrimination and oppression against women and transgender groups; secondly, it has a problem-oriented internal operating mechanism, in which the three core issues are the oppression of women, the binary opposition of sex/gender and the oppression of transgender groups; and finally, it has distinct interdisciplinary research characteristics. It starts from comprehensive and multidisciplinary perspectives of politics, sociology economics, psychology, culture studies, history, science and literature, and strives to solve practical problems of political equality, cultural construction and sexual orientation among different genders.
2021 Vol. 51 (5): 110-118 [Abstract] ( 474 ) [HTML 1KB] [PDF 663KB] ( 1510 )
119 Fu Changling
Logical Changes of the Knowledge Form of Western Literary Text Theory: Classical, Modern and Post-modern Text Theories Hot!
Since the beginning of the 21st Century, some of the frontier issues in the domestic literary theory, such as the prediction of the end of literature, the aestheticization of daily life, the boundary of literature and cultural studies, the essentialism and constructionism of literary theory, and the compulsory interpretation theory, etc. have been closely related to the logical changes of Western literary text theories to some extent. The emergence of disputes is due to the lack of a scientific consciousness of reflection on the knowledge form and internal logic of the development of Western literary text theories. There is an urgent need of adopting a perspective of epistemological reflection to investigate and study the knowledge form, paradigm transformation and meaning of literary text of Western literary text theories.Influenced by philosophical aesthetics, linguistics and interdisciplinary theoretical knowledge, Western literary text theories show three types of knowledge: classical text theory, modern text theory and post-modern text theory. The knowledge of classical text theory was produced mainly through the parasitic ideas of philosophy or aesthetics. In ancient Greece and Rome, “form”, as a philosophical aesthetic category, had already come into being, mainly including Pythagoras’s mathematical form, Plato’s absolutist form and Aristotle’s matter and form. Among them, Aristotle put forward the organic unified view of literary text on this basis, which became the origin of formal literary theory. In the 18th Century, on the basis of “transcendental form”, Kant put forward the views of “purposeless purpose” and “aestheticism without interest”, which initiated the formal aesthetic view with aesthetic and artistic self-discipline as the mainstream, and influenced the formal theory of literary texts. This is particularly evident in romantic literary theories. They attach great importance to texts, but because they are not derived from the pure pursuit of form within literature and are often produced by relying on philosophical or aesthetic ideas, they can only be called the classical text theory.The production of the knowledge of modern text theory is also determined by the parasitism of literary theory, which can only realize its own theoretical knowledge production by relying on the theoretical achievements of related disciplines. At the beginning of the 20th Century, a “linguistic turn” occurred in Western philosophy, which shifted from the modern focus on the relationship between subject and object to the study of the communication between subjects and the meaning of human life. As far as literary theory is concerned, the linguistic turn directly led to the emergence of the modern text theory.The production of the knowledge of post-modern text theory mainly focuses on the interdisciplinary dimension, which has emerged since the 1960s with the rise of post-structuralism and deconstructionism. It emphasizes a breakthrough of the boundaries of disciplines, i.e. to study literature as a kind of discourse or culture, no longer being confined to the knowledge of a single discipline. Intertextuality and pan-text are its important contents. Intertextuality emphasizes that any text is the result of the integration of several texts, which highlights its own value by re-reading, adapting and integrating other texts. Pan-text holds the view that all social history exists in the form of text, so the underlying cultural and political factors such as race, gender and identity can be analyzed from the perspective of language structure. The meaning of literary text depends on the dialogue and communication between the author, the text and the reader, and the textual poetics, which gives full play to the thought of dialogue, shows a good viewpoint on meaning of literary text.To sum up, by adopting a perspective of epistemological reflection, this paper elevates the Western literary text theories to the level of epistemology of the humanities, and carefully examines the key issues presented in different stages, such as the forms of knowledge production, the transformation of paradigms and the search for meaning. Therefore, it has great significance in clarifying the underlying causes of the domestic disputes and avoiding the verbal arguments beyond theoretical analysis. What’s more, it is a kind of important guidance for searching and sorting out the textual thoughts of Chinese classical and modern literary theories, as well as realizing the breakthrough and reconstruction of contemporary textual theories under current interference of hypertext.
2021 Vol. 51 (5): 119-129 [Abstract] ( 416 ) [HTML 1KB] [PDF 692KB] ( 748 )
130 Mao Liping
The Significance and Influence of the Xiunü Selection System on Banner Women: A Study Based on the Xiunü Selection Archives of Qing Royal Palace Hot!
The Xiunü selection system was an important institutional basis of the Qing royal palace. In principle, both imperial consorts and palace maids were chosen from the Xiunü selection process, and the Xiunü were all banner women. According to the Qing rules, no young girls of banner communities should get married on their own before they underwent the selection process. Hence, the Xiunü selection system had a crucial impact on the life of every banner woman. However, previous studies primarily focused on the purpose, scope, and procedures of Xiunü selection and neglected the influence of this system on the average banners women.Firstly, by reviewing three relevant archives during the 60th year of Qianlong reign, which hitherto left unnoticed by the academic circle, this paper provides a vivid depiction of the massive scale and the specific process of Xiunü selection during the High Qing Period. What did the selection mean for the majority of ordinary banner women? On the one hand, such selection enabled every banner woman to come to the capital, enter the palace, and meet the emperor, which was an unattainable opportunity even for most banner men. During the selection process, Xiunü was provided food, silver, and other rewards by the emperor so they could feel the connection and a sense of belongingness between individual and the royal court and the emperor. On the other hand, as every Xiunü had the potential to be the wife or concubine of the emperor, all unmarried girls enjoyed higher family and social status in the banner society, which was also an important impact of the selection system on banner women. Furthermore, the Xiunü selection event was a good opportunity for the emperors to reinforce their control over banner women. Held every three years, the selection event required thorough preparation of all royal institutions and the entire banner community. Under the command of the Ministry of Revenue, the royal court examined every unmarried banner girl every three years, which allowed the emperor to impose strict control over the population and marriage status of all banner women. The Qing emperors also inculcated ethnic consciousness into the banner women on each selection event, which included spotting signs of Hanization from their apparels and accessories and making timely ratification or emphasis their Manchu family names to strengthen their ethnic identity.
2021 Vol. 51 (5): 130-138 [Abstract] ( 417 ) [HTML 1KB] [PDF 778KB] ( 961 )
139 Ding Zhongzheng, Liu Tongfang
Question and Response: Does The German Ideology Have Unity? Hot!
The German Ideology is a landmark text in the historical development of Marxism. However, because of its complexity in writing strategy and sequence, and the arrangement and preservation of the manuscript, this text has left future researchers with questions about its unity.Since the 1980s, Marxist scholars represented by the editors of MEGA2 have questioned The German Ideology from the perspective of structural integrity. Their claims are called “Quarterly Theory”. In their view, the idea that The German Ideology is regarded as a complete “work” is questionable. The German Ideology is considered as only a loose “Quarterly” arranged by Marx and Engels, which is not an integrated publication. The “Quarterly Theory” advocates that the compilation of The German Ideology manuscript should follow the principle of chronology rather than the logic principle that prevailed in the past. The promotion of the chronology principle deconstructed the integrity of the textual structure of The German Ideology, and the more radical scholars of “Quarterly Theory” even completely denied the existence of The German Ideology and its “Feuerbach Chapter”. MEGA2 I/5’s treatment of the text structure of The German Ideology was regarded as a compromise: radical views were not adopted but the view of The German Ideology as a “quarterly” was retained.Other scholars questioned the logical integrity of The German Ideology. Japanese Marxism researchers paid attention to the difference between Marx and Engels in the writing of The German Ideology, and proposed a theory of “opposition between Marx and Engels” as based on “Engels Domination” and “Marx Domination”. They believed that The German Ideology is the result of a struggle between two authors with different theoretical claims. Althusser put forward a “Fracture Theory” by defining an “epistemological fracture”. He believed that there are “two Marxs” of “young” and “mature”. The German Ideology is considered as the intermediate stage from “young Marx” to “mature Marx”. Althusser’s view embodies two completely heterogeneous “general theoretical problems” in that the text is inherently “fractured” in logic. Chinese scholars have put forward similar views as Althusser, and believe that The German Ideology is a mixture of “two types of historical materialism” or “two logics of historical materialism”, both of which have inherent logical tension.All kinds of questions about the integrity of The German Ideology have different justifications and different degrees of response are needed to these questions. The German Ideology does have a certain degree of looseness in the text structure. Part of the textual research work of the “Quarterly Theory” is worthy of recognition, but the more radical views of Taubert, Carver and others are highly subjective and not sufficiently convincing. In the two doubts about the logical integrity of The German Ideology, the theory of “opposition between Marx and Engels” contradicts itself in argument, while the “Fracture Theory” exaggerates the theoretical and logical tensions of The German Ideology, and it is also too difficult to win the trust of others. The “Quarterly Theory”, the theory of “opposition between Marx and Engels” and “Fracture Theory” questioned the integrity of The German Ideology only in a single dimension of structure or logic, and neither saw the unity of text structure and logic, nor did it see the priority of the logic relative to the text structure. “Dispersed in form but consistent in logic” is an outstanding expression of The German Ideology in terms of completeness. The German Ideology takes the logic of “division of labor-alienation” as the main line, which has logical unity. Further studies of The German Ideology should be based on solid textual researches and specific investigations into the logical composition of The German Ideology manuscript toward an understanding of the theoretical wisdom in the structural construction of The German Ideology.
2021 Vol. 51 (5): 139-148 [Abstract] ( 380 ) [HTML 1KB] [PDF 720KB] ( 668 )
149 Shi Jinyi, Wang Zhikai
Strengthening Cognition of Digital Economy and Promoting Iterative Innovation of Economy and Society Hot!
Digital economy has almost penetrated into every corner of our social lives and production system, but we also see the fact that the successful ratio for the digital transformation of firms is not satisfied, and the society in general is lacking an understanding of the digital economy and the atmosphere of the digital culture is really weak. People's understanding of the digital economy stays in the perception of the external representations of the digital economy. In the new development era, we have to strengthen the whole society's cognition of the digital economy, make all citizens understand the developmental process of the digital economy and the developmental advantage of the digital economy. Only in this way can we perceive the magic and convenience of the digital technique in order for the digital technology to fully play its service in efficiency, effectively guard against digital credit risks, overcome the "digital island" issues through effective transmission of data information, and finally effectively stimulate the new kinetic energy of the digital economy.As a new economic phenomenon and a leading representative of the new economy, digital economy has subverted people's perception of traditional economy and traditional production factors, injected new connotations into the scale economy, changed the traditional economic law of diminishing returns for scale economy, given the scale economy new ideas of increasing returns. It will significantly improve social governance, investment invitation and capital inflows, and administrative efficiency by employing digital technology and digital administration. Undoubtedly, it manifests a great enhancement of regional soft environment power for attracting investment and capital inflows, poverty alleviation and public service facilities in a given place through the efficiency promotion of digital government and digital governance, embodies the promotion of the regional innovation ability, and will be of benefits to a region in building up a new high land for investment promotion and capital inflows.Data information is the most important resource of digital economy. Data and information should be open and transparent and digital information of different platforms shall be co-shared, avoiding market segmentation and resource monopoly, preventing the possible appearance of "digital island", so as to maximize the effectiveness of digitalization. The era of digital economy has seen the most innovative development. Digital economy itself is the new economic subject with the combination of the most extensive technology and the financial capital, but the rapid innovation of technology and finance might have also brought about technological shocks and financial shocks to the economy and the society, even trigger a crisis, troubling the stable and healthy development of the social economy. Digital technology and services will improve the efficiency of economic and social development, but if the development of the digital technology goes over fast, it goes far beyond the needs of the real economy and society, the ups and downs of the economy and society won't be evaded. It might even further trigger off social and economic crisis.Just because of this, we really need to create an easily and rich atmosphere of digital culture, form a common consensus for scientifically and reasonably developing digital economy within the whole society, preventing the "digital island" issues from being happened in the development of digital economy and dissolving potential financial risks, strengthening the digital credit construction, encouraging different data platforms to share data and information together, promoting China's economic and social iterative innovation, maintaining a healthy and sustainable Chinese economic development.
2021 Vol. 51 (5): 149-156 [Abstract] ( 472 ) [HTML 1KB] [PDF 675KB] ( 872 )
157 Guo Xuehui
Challenges and Responses of Personal Information Security in the Era of Artificial Intelligence Hot!
The wide application of artificial intelligence has posed a great threat to our personal information security. At present, the issue of personal information security has attracted much social attention. How to protect our personal information in the era of artificial intelligence has become a real issue that cannot be ignored. The quality of the treatment of this issue will not only affect our personal interests, but it is also related to people’s trust in the government and social stability. At present, China has not carried out systematic and specialized legislation on personal information protection in the era of artificial intelligence. The introduction of the “Personal Information Protection Law (Draft)” is a historical progress. However, some areas still need to be improved. The law must protect the security of personal information and, at the same time, not discourage the enthusiasm of researchers for improving the protection system of personal information.In the era of artificial intelligence, the security of personal information is faced with challenges in China, including illegal and improper collection, excessive collection, utilization and disclosure, forcing users to agree to collect their information, improper storage and leakage, the sale of personal information for profit. Security of personal information in the era of artificial intelligence is encountering such problems as unclear connotations and attributes of personal information, imperfect relevant laws and regulations, lack of supervision mechanism and organization for protection of personal information, lack of security awareness of necessary personal information among users and processors of information, and the need of multilateral cooperation. The European Union considers the right to personal information as a fundamental right of its citizens, and deems it necessary for increasing the responsibility of those who handle personal information and improving the rules in special circumstances. The EU regards the right to personal information as a fundamental right of its citizens, and believes that the responsibility of the processors of personal information should be increased and the rules for the protection be improved under special circumstances. The practice of protection of personal information in the EU has given us a lot of enlightenment. It is necessary to build up a scientific and reasonable protection system of personal information, to further clarify the responsibilities and obligations of the processors of personal information, set up a special regulatory agency and increase penalties. In addition, the cross-border transfer of personal information should be regulated strictly.To strengthen the protection of personal information in China, we should have clear principles and scope and processing rules of detailed personal information, and strengthen the legal responsibility for fault-presuming principles. We will have to improve the rules for handling personal information by state organs, strengthening the rules for handling cross-border personal information and the obligation of those who handle personal information. In addition, the “Personal Information Protection Law (the second draft)” has added provisions on the rights and interests of the personal information of the deceased to further clarify the subject and manner of the exercise of rights. Moreover, in view of the issue that the “Personal Information Protection Law (the second draft) ”is not clear enough about the work of image collection related to the security of personal information, it is suggested that we should make special provisions for the limitation on face recognition, establish perfect internal supervision mechanisms, set up special institutions to protect personal information, enhance personal awareness and ability, adopt diversified approaches of relief, and further define the responsibilities of subject of prevention and control, so as to form a working situation in which government, enterprises and individuals work together.
2021 Vol. 51 (5): 157-169 [Abstract] ( 476 ) [HTML 1KB] [PDF 698KB] ( 1028 )
170 Wu Jinqun, Liu Huahua
Surpassing or Co-advancing: Reflections on the Relationship Between Service-oriented Government and Developmental Government Hot!
The relationship between service-oriented government and developmental government has been in a bewildering entanglement for a long time. The existing literatures have discussed their relationship sporadically and dispersedly. They put forward that the developmental government is the opposite mode of the service-oriented government, suggesting to surpass developmental government and transform into the service-oriented government. However, the view of antagonistic surpassing finds the wrong “target” for criticism, neglects the inheritance and absorption of theoretical evolution, hinders the vertical accumulation of public management knowledge, and is difficult to respond to the complex problems in public management practice. To delve into the relation between service-oriented government and developmental government, perfect and enrich the connotation of theories, we use the method of bibliometrics to make a visual analysis of the literatures both at home and abroad about the two theories in the recent 20 years, summarize, refine and criticize the core viewpoints of the antagonistic surpassing, and put forward that the relationship between the two is a spiral co-advancing one. By analyzing the knowledge mapping of the service-oriented government and the developmental government, we find that the tension between the two theories in the view of antagonistic surpassing is mainly manifested as follows: (1) Public service vs. economic development. The main cluster of developmental government knowledge graph proves that domestic researches emphasize “government prioritizes economic development”, while the main cluster of service-oriented government knowledge graph proves that domestic researches emphasize public services and public products. (2) Public participation vs. government dominance. Domestic studies generally remain in the early developmental government that emphasizes the leading role of government, which is in conflict with the concept of service-oriented government that emphasizes the absorption of public opinion and the participation of citizens. (3) Public interest vs. self-interested government. The theory of developmental government version 1.0 largely contains assumption that local governments are self-interested. According to the view of antagonistic surpassing, this conflicts with the core values of the service-oriented government such as commonality, equality, cooperation, responsibility, dedication and being favorable to the people. Obviously, the view of antagonistic surpassing narrows the theoretical connotation and incompletely understands the theoretical development stage.By combing and excavating the evolution process of service-oriented government and developmental government, we argue that the two are spiraling co-advancing based on two reasons. First of all, they show synchronic characteristics in the theoretical evolution, which provides a specific space-time field for the study of their relationship. Secondly, against the background of China’s market economic system reform and administrative system reform, the two theories draw on each other. On the one hand, the developmental government absorbs and draws on the excellent results of the global governance theory in the revision; on the other hand, the service-oriented government absorbs the essence of developmental government in the continuous debugging and revision. In fact, the service-oriented government should serve the development, while the developmental government cannot do without service. The two types of governments form two long chains of governance, which jointly promote the modernization of China’s national governance system and governance capacity. Compared with the view of antagonistic surpassing, the view of spiral co-advancing, on the one hand, improves the theoretical connotation, enhances the theoretical ductility and applicability, and on the other hand provides valuable ideas for government to resolve the tension between development and service.
2021 Vol. 51 (5): 170-182 [Abstract] ( 446 ) [HTML 1KB] [PDF 7177KB] ( 702 )
183 Li Zhengwei, Dai Lihua, Wang Feirong, Guo Dongjie
How Leader’s Positive Humor Affects Employee Creativity: An Empirical Study from a Zhejiang IT Company Hot!
Given increasingly turbulent environments and heightened innovation-driven competition among companies,more and more entrepreneurs are coming to realize the importance and urgency of advancing employee creativity nowadays. As an important leadership trait, leader’s humor has gradually attracted a large amount of scholars’ attention to its influence on employee creativity in recent years. Recent studies investigating the impact of leader’s humor on employee creativity, however, have largely focused on issues of cognitive dissonance, leader-member exchange and positive emotion of employees. While dealing with leader’s positive humor, noticeably missing from research attention has been a perspective of both cognition and psychology, especially for empirical researches.Based on the theory of social information Processing, we focused on the important leadership trait of leader’s positive humor and explored the mechanism of leader’s positive humor on employee creativity from both cognitive and psychological perspectives. To sum up, we put a lot of effort into analyzing the relationship among leader’s positive humor, cognitive flexibility, psychological security, work autonomy and employee creativity. Purposefully, two crucial mediators, cognitive flexibility and psychological security, were introduced to analyze the mechanism of leader’s positive humor on employee creativity. What’s more, work autonomy was employed as a moderator to figure out the boundary situations in which it takes effect from the perspective of job characteristic.Using the leader-subordinate matching data consisting of 284 subordinates and their direct leaders from a well-known information technology (IT) company in Hangzhou, Zhejiang Province, we empirically tested the theoretical model with multiple regression analysis. Empirical results show that leader’s positive humor positively affect employee creativity significantly. Specifically, cognitive flexibility and psychological security both partially mediate the relationship between leader’s positive humor and employee creativity. Work autonomy regulate the relationship between cognitive flexibility (psychological security as well) and employee creativity at the same time. Furthermore, work autonomy also regulates the mediating role of cognitive flexibility and psychological security between leader’s positive humor and employee creativity.This research reveals the influence mechanism of leader’s positive humor on employee creativity, which offers fairly high theoretical value and practical significance. First of all, anchoring on the leadership trait of leader’s positive humor, we explored and revealed the mechanism of the relationship between leader’s positive humor and employee creativity theoretically and empirically, which enriched the relevant researches of the leadership style on employee creativity. Secondly, from the perspectives of both cognition and psychology, two mediators, cognitive flexibility and psychological security were introduced to clarify the role of leader’s positive humor on employee creativity. This enriched the research results of the behavior mechanism of how leader’s positive humor impacts employee creativity. Meanwhile, by introducing work autonomy as a moderator, we deepened the understanding of the situational conditions under which leader’s positive humor works.Practically, the results reveal that leader’s humor is significantly positive in the context of Chinese culture. Leaders should consciously cultivate their own ability to master and use humor so as to improve their positive humor in practice continuously. At the same time, leaders are encouraged to empower their subordinates if they want to increase employee autonomy and enhance the role of leader’s positive humor on employee creativity. This can largely help companies to maintain a sustainable competitive advantage in the fierce market competition.
2021 Vol. 51 (5): 183-196 [Abstract] ( 249 ) [HTML 1KB] [PDF 877KB] ( 711 )
197 Yan Shimei, Wang Qi
Accountability Research in Organization Management: A Literature Review and Prospects Hot!
Accountability emphasizes that actors should be answerable to audiences for their decisions and behaviors, and also implies the related rewards or sanctions. Although studies since the 1970s have advanced our understanding of accountability in organization management, there is still a lack of comprehensive review of the theoretical and empirical work done on it. Concerning the connotation of accountability, the essentials of its definition have changed over the decades, ranging from external constraint to internal constraint and perceptual constraint. Nascent research views accountability as a kind of external constraint and formal organizational system, which can affect individual cognition and decision-making. Subsequently, studies emphasize the internal requirement derived from individuals themselves and put forward the concept of self-accountability. Inconsistent research findings have gradually put individual subjective perceptions of the accountability into focus, which gives rise to the concept of felt accountability. Corresponding to the above changes, early studies mainly rely on experimental manipulation of observation or evaluation from others to reflect the institutional environment of accountability. At present, relevant measures based on individual perceptions are gradually developed, which further promote studies outside the laboratory. Research on accountability is largely based on the following three perspectives. The first is the decision-making perspective, which originated in the 1970s and is mainly based on the social contingency model of accountability. This perspective posits that accountability is a fundamental feature of all decision-making environments, while individuals are “politicians” who always seek status and approval from audiences. Therefore, accountability can influence actors’ information processing and integrative complexity, and eventually their coping strategies with accountability. The second is the role perspective, which originated in the 1990s and is based on the accountability pyramid model and role theory. This perspective regards accountability as a process in which actors and audiences interact on role expectations and responsibilities. Existing studies mainly analyze the impacts of accountability on role behaviors and human resource management practices. The third is the perception perspective, which appeared in the late 1990s. This perspective is based on the phenomenological view, stressing that the key to controlling individual behaviors lies in their subjective perceptions of the accountability rather than the accountability itself. Accordingly, this perspective promotes several multi-level and cross-level studies, becoming one of the mainstreams of current accountability studies. Further research can make progress in the following directions: to explore different influence mechanisms of accountability, to promote more dynamic, multi-level and cross-level analyses, to conduct accountability studies in specific contexts, as well as to discuss new challenges of organizational accountability in the digital era and the coping strategies. Thus, it can be more possible to let accountability play a fundamental supporting role in organization management practices.
2021 Vol. 51 (5): 197-210 [Abstract] ( 817 ) [HTML 1KB] [PDF 756KB] ( 925 )
211 Tu Xinquan, Shi Xiaojing
An Analysis of Plurilateral Agreements Approach to Revitalize the WTO Negotiation Function Hot!
At present, the WTO multilateral trade negotiations are struggling. The Doha Round, launched in 2001, has not been successfully concluded, and there is little hope of its resumption. At the same time, more and more WTO members choose to participate in regional trade agreements. Although this approach can effectively promote trade liberalization and facilitation, it also leads to the fragmentation of the world trade rules system and puts the WTO at the risk of being marginalized. Under this circumstance, the plurilateral agreement model is regarded as a realistic way to reforming the WTO negotiation mechanism and to revitalizing the negotiation function.Most of the existing literature studies plurilateral agreements from the perspectives of law and politics, but few studies have been comprehensively conducted on whether the plurilateral agreement model can be used as a reform path from the perspective of economics.This paper systematically investigates the realistic possibility of the plurilateral agreement model as the path of reform, and demonstrates it from four aspects: legality, rationality, feasibility and the status of overcoming obstacles. On this basis, in view of the absence of rules in the WTO system, this paper puts forward some suggestions on the design of rules for the standardization and multilateralization of the plurilateral agreement model.First, taking the plurilateral agreement model as the reform path for WTO negotiations is legitimate. The formation of plurilateral agreements is recognized by the WTO, while negotiation and operation are subject to WTO rules. The formulated rules are legitimate within the WTO and constitute a part of the WTO system. Hence, advancing negotiation reform through this model may ensure that new rules still comply with the WTO legal and institutional backgrounds.Second, it is reasonable to promote the reform of negotiation mechanism through the plurilateral agreement model. On the one hand, the plurilateral agreement is essentially a small multilateral agreement, which is aligned with the multilateral agreement in terms of its essential concept and scope. On the other hand, the plurilateral agreement model is superior to the regional agreement model because it is more constrained by the WTO, which adopts a single-issue approach for efficient negotiation and involves less political motivation.Third, it is feasible to adopt the plurilateral agreement model to break the deadlock in negotiations. In particular, it reduces the number of participants and thus the disagreements in the negotiations. Moreover, it allows some like-minded members to independently advance the negotiation procedure, thus reducing the difficulty of negotiations. Besides, it adopts a single-issue approach to effectively improve the efficiency of negotiations. On the whole, it can solve the dilemma of the current negotiations.Finally, some members have doubts about the implementation of the plurilateral agreement model, but these doubts are basically unnecessary, or can be overcome through institutional improvement. Most fundamentally, the members’ concern about the exclusivity issues of closed plurilateral agreement model and the free-riding issues of open plurilateral agreement model are actually trivial. In addition, the concern of some members that the plurilateral agreement model would politically increase the power imbalance under the existing WTO system is also surmountable.Based on the above analysis, during the current reform of the WTO, all members should more actively consider the plurilateral agreement model as a breakthrough path, so that the WTO can make a timely response to the new situation of international trade. China should also continue to play its role as a major country, to grasp and guide the trend of WTO negotiation reform and plurilateral negotiations.
2021 Vol. 51 (5): 211-226 [Abstract] ( 357 ) [HTML 1KB] [PDF 761KB] ( 707 )
227 Jiang Chengxu
How to Punish Administrative Violations: The Function and Positioning of Administrative Compensation and Its Philosophical Foundations Hot!
According to the two legislative purposes of the State Compensation Law, filling losses and preventing violations are the two basic functions of administrative compensation. In recent years, judicial practice has emphasized that administrative compensation should reflect the “punishment” for administrative violations. Regarding the phenomenon of “punishing”, there is a common view that the requirement of administrative compensation to reflect the “punishment” of administrative violations is not really to punish the administrative organs, but to emphasize the substantive filling losses of the parties. The primary reason why the court needs to emphasize the “punishment” of administrative violations to achieve the function of filling losses is that the administrative compensation system follows the principle of consolatory compensation, and the function of filling losses is very limited. Therefore, it is justifiable for the court to “punish” the administrative violation as the justification basis for increasing the degree of compensation. However, while emphasizing “punishment”, the courts often adopt procedural administrative compensation judgments, only ordering the administrative organ to make a new administrative compensation decision. If the court is to improve the degree of administrative compensation, then it should consistently make a substantive administrative compensation decision to solve the administrative compensation dispute at once. Moreover, emphasizing “punishment” is not the best way to achieve the function of filling losses. It is more efficient to replace compensation with reparation. Therefore, it cannot be simply understood as helping to achieve the function of filling losses of administrative compensation.Another common view on the phenomenon of “punishment” is that the meaning of “punishment” is to make administrative violations pay the corresponding price through the increase of compensation which prevents administrative violations. However, it is doubtful whether “punishment” can really help to achieve the function of preventing. In public law, it is difficult to establish the hypothesis of economically rational person. More critically, even if the administrative organ can respond to the economic stimulus of administrative compensation, there is more than one way to stimulate, and a higher amount of reparation can have the same effect. Second, it is difficult to reflect the true cost of administrative violations and administrative compensation can be affected by the way administrative litigation is determined, the logic of the government’s actions under the hierarchical administrative system, and many other factors. Third, the function of preventing violations depends on the precise attribution of responsibility. The “punishment” rationale does not provide further clarity on whether the target of “punishment” is intentional or negligent. Therefore, the argument based on “punishment” of administrative violations does not provide sufficient support to achieve the function of preventing violations.It is the moral implications of “punishment” that provide the best perspective for understanding this phenomenon. From the perspective of the moral philosophy of tort law, the purpose of tort liability law is to achieve corrective justice between parties. The value of administrative compensation as tort liability does not lie in the optimal dispersion of losses or the optimal deterrence and prevention. These functions are the results rather than the purposes of administrative compensation. The judicial practice of “punishing” reflects the judicial efforts to return the philosophical basis of administrative compensation to corrective justice. In the law of tort liability, it is the fault and not the violation of law, that is culpable. The real target of “punishing” by administrative compensation is not the administrative violations, but the faults in the administrative violations. The practice of administrative compensation trials is striving to re-establish a close connection with tort law through the technique of legal interpretation. The philosophical foundation of corrective justice and the institutional positioning of tort liability can provide the most appropriate explanation for the “punishment” phenomenon.
2021 Vol. 51 (5): 227-240 [Abstract] ( 410 ) [HTML 1KB] [PDF 810KB] ( 609 )
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