JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)

浙江大学学报(人文社会科学版)


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	JOURNAL OF ZHEJIANG UNIVERSITY 2023 Vol.53 Number 3
	2023, Vol.53 Num.3
	Online: 2023-03-10

	Article

Article

	5	Wang Ruilei

		Silk Banner Paintings from the Library Cave of Dunhuang: Artistic Interactions Between the Tibetan Empire, Khotan, and Kashmir ^Hot!
		Buddhist artifacts excavated in the Library Cave of Dunhuang constitute the best exemplars of the cultural diversity cultivated along the Silk Road. 10 surviving silk banner paintings from Dunhuang were taken away by Stein, now in preservation at the British Museum and the National Museum of India. These Dunhuang banners in Stein’s collection indicate a sharp contrast to other Dunhuang silk banners commissioned during the mid- to late-Tang Period, which received significant influence from traditional Chinese painting style. This stylistic contrast raises questions to the dynamic of artistic interactions between the Tibetan Empire, Khotan, Kashmir, and Swat region, as well as their integration and assimilation at Dunhuang.The British archaeologist Marc Aurel Stein was the first to examine this group of banners. He discovered stylistic similarity between the bodhisattva images in these banner paintings and illustrations in Nepalese manuscripts that are preserved at the University of Cambridge, attributing this style with an origin in the Eighth- to Ninth-Century eastern India. In the following decades, German scholar Gerd Gropp, Roderick Whitfield from SOAS, University of London, Italian Tibetologist Roberto Vitali, and Chinese scholar Xie Jisheng, have examined individual banners from the group, supporting the argument of Khotan and Tibetan influences. Later, Linda Lojda and Deborah Klimburg-Salter compared one of the banner paintings with the relief sculptures of the Tibetan Empire from western Himalaya, especially the main statue of 996 in the main hall of the Tabo Monastery, which is located in the valley of Spiti (historically the so-called “mNga’ ris skor gsum” region), present-day Himachal Pradesh, India. Their studies considered the banner to be the earliest representative of the Tibet-Himalayan artistic style, which had probably received influence from the Central Asian tradition. Scholars further dated this style to the Ninth Century.Previous scholarship deepened our understanding of the iconography, style, and chronology of this group of banner paintings. Yet rarely any discussions examined their significance in embodying the cultural interaction and diffusion taken place in the area in over two centuries from the westward expansion of the Tibetan Empire in 662, to the empire’s reign in the western regions over 200 years and its occupation of Dunhuang for almost 60 years. The present research reexamined the style and inscriptions found on this group of banners in view of the artistic influence exerted by Kashmir and Swat on Tibet and Khotan, as well as their continuous development in Dunhuang.A stylistic analysis reveals that silk banners in Stein’s collection date to the 9th Century, when cultural exchanges greatly developed during the Tibetan occupation of Dunhuang and the greater Central Asia. Tibetan artists migrated to Dunhuang assimilated Pala art of East India, which gained particular popularity in bronze statue making at Kashmir and Swat, into the local Dunhuang tradition.
		2023 Vol. 53 (3): 5-15 [Abstract] ( 155 ) [HTML 1KB] [PDF 7632KB] ( 256 )

	16	Chen Shuo

		Intermediary, Media, History: The Materiality of Calligraphy and Its Canon Formation ^Hot!
		One of the primary reasons why the evolution of Chinese calligraphy history is different from other literature and art categories is that the generation of the lineage of the canon masters and masterpieces is based on the beitie and rubbings derived from them. Although calligraphy is believed to be a kind of visual art, it has a very complicated materiality. Limited by the reproduction technology and transmission mode of ancient China, most original works of calligraphy masters were difficult to be directly involved in the appreciation, copying and research of later generations. In fact, their large-scale dissemination depends on beitie, which are essentially derivative products, and the more famous the original works were, the more frequent and tanglesome the reproduction of beitie became. In numerous cases, the developed practices of reproduction dissolve the exclusive status of the original author and the original work, so that it has become an independent field of study and historical tradition. Rubbings, as the material presentation of beitie, are the main carrier of the calligraphy model. As the production process of rubbings is seriously affected by a lot of subjective and objective factors, it is plastic. Whether it can accurately convey the original information is very difficult to generalize, and whether it has reliable academic value also needs to be carefully evaluated by experienced scholars. In addition, rubbings are made by converting three-dimensional inscriptions and images into two-dimensional paper, which is to reduce the materiality of the original object in a quite special way. We can call it the “planarity” of rubbings, which directly influenced the writing style of countless later calligraphers. Obviously, the functional properties, physical characteristics, production processes, preservation methods and transmission channels of all kinds of beitie and rubbings have had an extremely profound impact on the form of calligraphy and the narration of calligraphy history. By taking the famous “Lanting Preface” as the primary example, this study analyzes the formation process of its most significant version “Dingwu Lanting” after the Song Dynasty, especially the process of the rumor that great calligrapher Ouyang Xun in the Tang Dynasty was forcibly attached as the copyist of it. This helps us to understand: how beitie with ever-changing forms and rubbings with diverse appearances can be strongly integrated into the canonization of a specific calligraphy work so that the canon itself is subject to change; and, in the process of canonization, how people’s imagination, speculation, attachment and misinterpretation based on beitie and rubbings play their roles. However, the plasticity of canon has its limits. After the rise of “Stele School” in the Qing Dynasty, various types of calligraphy works from the Qin-Han Period to the Six Dynasties challenged the canon of the past, and partially dissolved its authority. Therefore, the status of the famous calligraphy works in the Pre-Ming Period such as the “Xia Cheng Monument” and “Guo Youdao Monument” has plummeted, and numerous versions of “Lanting Preface” have gradually been overlooked. The materiality of beitie and rubbings have played a historic role in it. Many great researchers have found the break between virtual and actual fractures in the canon through it, thus opening the way for the generation of new knowledge and the construction of new lineage. There is no denying that the perspective of the materiality can help contemporary scholars to go beyond the way of overly focusing on texts and images in the previous studies of calligraphy history, take a plural perspective of authors, works, lineage and traditions, so as to better place various works in the specific historical context and help explore the spread of calligraphy models, the intermediary factors and operating mechanism of shaping canon, and ultimately transform the research paradigm of the history of calligraphy.
		2023 Vol. 53 (3): 16-28 [Abstract] ( 127 ) [HTML 1KB] [PDF 1001KB] ( 482 )

	29	Liu Shuhua, Lu Ke

		Dynamic Balance Between Autonomy and Accountability: The Guarantee of Higher Education Governance Reform ^Hot!
		The balance between university autonomy and higher education accountability is a key issue to be solved in the process of higher education governance modernization. However, for a long time, this issue has not attracted enough attention from policymakers. In the reform practice, there often exists a problem of binary opposition thinking in dealing with the relationship between them: either a one-sided emphasis on university autonomy or a one-sided emphasis on higher education accountability. Therefore, it is necessary to further understand the dialectical relationship between university autonomy and higher education accountability.In fact, they are both antagonistic and unified. The relationship between the two reflects the tension between the internal academic and external social nature of higher education institutions. On the one hand, autonomy and accountability have heterogeneous and opposing sides, and there is tension and confrontation between them. Excessive autonomy leads to its abuse or misuse by higher education institutions, which directly affects the implementation of higher education accountability. Excessive accountability often evolves into borderless intervention, causing harm to the traditional spirit of autonomy. On the other hand, there is a unity and complementarity between autonomy and accountability. The two complement and compensate each other. Autonomy is the premise and root of the implementation of accountability. As a prerequisite autonomy can effectively ensure the universities’ performance of their own mission and national responsibilities. It promotes accountability and makes accountability more meaningful. Accountability is the result and guarantee of autonomy. It is an important way and means for universities to maintain their own independence and prevent excessive interference from the outside world and the government. Therefore, in the practice of higher education governance reform, maintaining a dynamic balance between autonomy and accountability is the key to policy-making and institutional design. They are like the two wings of an airplane. Each side can survive and develop in the unity of opposites with the other. If only one side is inclined, it will inevitably lead to the failure of higher education governance reform.Firstly, it is necessary to ensure their coexistence in parallel. Autonomy is limited and accountability is limited as well. “Limited autonomy” shows that while colleges and universities enjoy autonomy, they need to adhere to their internal logic and strengthen self-restraint. “Limited accountability” shows that outside intervention in colleges and universities can only be moderate, and it is necessary to respect the self-prescriptive nature of the higher education system and maintain reasonable expectations. Secondly, it is important to make a positive match between autonomy and accountability, integrate them in the necessary tension, and establish accountable autonomy and accountability based on autonomy. The so-called accountable autonomy refers to higher education institutions fulfilling their social responsibilities for different stakeholders while fully exercising their autonomy. The so-called accountability based on autonomy refers to the accountability of higher education institutions by external stakeholders on the basis of maintaining the traditional mission of higher education and adhering to the spirit of university autonomy. The balance between autonomy and accountability in the reform of higher education governance is not static. The more popular relationship between them is an unstable equilibrium. They tend to be in dynamic balance while the boundaries of the two are always in a state of constant change.
		2023 Vol. 53 (3): 29-39 [Abstract] ( 174 ) [HTML 1KB] [PDF 701KB] ( 284 )

	40	Li Xinran

		University Teacher Promotion System Led by University Presidents in the Early Period of the Republic of China: Practical Pathways and Reflections ^Hot!
		The early days of the Republic of China saw the emergence of a group of talented university teachers, who played an impressive part in the making of prestigious universities that are known to the world. This is not possible without the university teacher promotion system at that time as an excellent university teacher promotion system underlies the faculty development, and guarantees the education quality improvement and the university development. Historical facts reveal that university presidents back then played a leading role in the promotion of university teachers, an important feature different from that of other periods of the Republic of China.In the initial period of the Republic of China, a variety of policies and decrees ensured a relatively complete promotion system for university teachers, and provided guidance for their professional development. In the meantime, policies and decrees allow university presidents to lead in the promotion. Following national policies and decrees, university presidents devised varied and distinctive promotion systems according to realities in their respective universities. University teachers were promoted, to a large extent, through teaching, academic achievements, education background and other paths, which is in compliance with the promotion policies and decrees for university teachers at that time, and demonstrates the freedom and independence enjoyed by university presidents in leading the promotion. The underlying practical pathways are demonstrated in five aspects: the management pathway breaks through the limitations of proactive management thinking and methods; the organizational behavior pathway meet different levels of requirements and introduce effective incentives; the evaluation standard pathway evaluates the features of teachers and their academic careers; the university culture pathway reflects on cultural integration and goes beyond cultural identity; and the president self-growth pathway enables the president to assume the academic responsibilities and keep practicing the university philosophies.Such a promotion system is not perfect, yet partly thanks to the free and inclusive promotion system that values talents despite established rules, masters were born in large numbers in that period of time. Therefore, it is necessary to find the sweet spot between the standard university teacher promotion system and how university teachers educate. Educating people is the fundamental function that fails to be fulfilled by the promotion system, and constant growth and development as university teachers represents the direct function of such a system. A sound promotion system may contribute to the professional development of university teachers and high-quality advancement of universities.The innovative parts of this research are listed below. In terms of research perspective, this research discusses and then reflects on the promotion of university teachers in the early days of the Republic of China from university presidents’ point of view, to which the academic community has paid little attention. This research can thus help clarify historical facts. In terms of research content, the practical pathways behind the promotion of university teachers led by university presidents are analyzed by using facts in education history, political science, management, organizational behavior, etc., demonstrating interdisciplinary complexity. In terms of research methods, the combination of historical perspective and logic, and that of external and internal analysis help realize more in-depth and reliable research while offering fresh ideas. In terms of research breadth, this research is placed in the grander scheme of things to explore its role in modernizing China’s higher education. A broader field of research is thus expanded for playing university presidents’ role and exploring the functions of university teacher promotion system. This research aims at enriching relevant researches on the higher education system in the Republic of China and taking it to the next level by bringing back the university teacher promotion system led by university presidents in the early period of the Republic of China. Additionally, historical reference is offered for the reform of China’s university teacher promotion system.
		2023 Vol. 53 (3): 40-55 [Abstract] ( 111 ) [HTML 1KB] [PDF 808KB] ( 462 )

	56	Gong Jushan, Chen Yuan

		The Multidimensional Construction of Bakhtin's Subject Theory Poetics ^Hot!
		Bakhtin believes that people do not need to establish a transcendental subject community for universal truth, and the differences between multiple single subjects and their related relationships are the positive factors for the value construction in the subject philosophy of literature and art. This concept of subject is fully reflected in his poetics theory and becomes the key to distinguishing Bakhtin’s poetics from other poetics. Firstly, the complete “subject” includes three closely related sequences—the writer’s subject, the text’s subject and the reader’s subject. Secondly, the subject in the literary field originates from the specific person in real life, and then is the person with aesthetic enthusiasm, so it is also the person with unique presence. From the perspective of genesis, Bakhtin constructed his subjective poetics framework from the three dimensions of subject fugue, subject fugue and subject empowerment. The so-called “giving shape” refers to the aesthetic construction process centered on the protagonist based on a certain world outlook and corresponding artistic position of the creative subject, which enables the author, the author’s image, the protagonist and their interrelationship to be organically generated and presented to the reader in a specific calling structure. Among them, “first sex author”, “second sex author”, the protagonist and their relationship are not only the concrete embodiment of the main form system of literary works, but also the complete reflection of the inherent requirements of literary creation. The so-called “subject fugue” is different from the polyphonic music style in the Baroque period, but refers to the inter subject and its formative mechanism with the writer as the core in the process of literary creation. In the practice of constructing Bakhtin’s poetics of subject theory, “subject fugue” mainly depends on the dynamic realization of concrete uniqueness and interactive outsideness, as well as the dual dialogue effect achieved accordingly. The subject empowerment in the vision of Bakhtin’s subjectivity poetics refers to the cooperative realization mechanism between the author’s subjective responsibility energy, the work’s noumenon art energy and the reader’s subjective understanding energy. According to Bakhtin’s interpretation logic, subject empowerment is prioritized as three aspects of the writer’s subject’s sense of responsibility, the goal of responsibility, and the efficacy of responsibility, as well as the subjective initiative effect accepted by readers. The complex dimensions in the construction of Bakhtin’s poetics of subjectivity and its cross complementary and integrated modern appearance are closely related to the turbulence of real life, cultural concepts and literary trends at that time, as well as to Bakhtin’s own world experience, academic thinking and innovative personality. In general, his subject theory poetics not only has the significance of criticizing the shortcomings of the times, but also has the value of overflowing the expectations of the times. It has no lack of inspiration for the construction of the discourse system and discipline system of the social and historical criticism paradigm with contemporary Chinese characteristics: firstly, Bakhtin’s subject theory poetics has expanded the cognitive threshold of subject theory; secondly, Bakhtin’s subjective poetics profoundly corrected the formalism myth; thirdly, Bakhtin’s poetics of subjectivity emphasizes the author’s sense of responsibility. Accordingly, Bakhtin’s poetics of subjectivity has acquired the theoretical character of modernity open to the future.
		2023 Vol. 53 (3): 56-68 [Abstract] ( 151 ) [HTML 1KB] [PDF 705KB] ( 411 )

	69	Chen Rong, Zhang Jie

		Are Small Banks Conducive to Innovation? ^Hot!
		The modern financial system embodies fundamental institutional arrangements to promote sustainable improvement of enterprises’ self-innovation capacities. Whether the current bank-directed financial system can effectively generate continuous improvement of enterprises’ technological innovation capabilities is a research question of significant theoretical and policy value in the Chinese context. On the one hand, China is fully entering a stage of high-quality innovation-driven development. “To uphold the central role of innovation in its modernization drive and take self-reliance in science and technology as the strategic underpinning for national development” has become a core goal of China’s economic restructuring and national sustainable development strategy. The basis of these strategies is to fully implement the sustainable improvement of enterprises’ technological innovation capabilities. On the other hand, to advance the structural reform of the financial supply side and build up a modern financial system that can help achieve high-quality development of the real economy, especially to accelerate the construction of a modern financial system that can effectively support the sustainable improvement of enterprises’ technological innovation capabilities, is also one of the most urgent institutional reform tasks in China. In fact, China’s financial system reform has been adhering to the overall reform idea of building a banking institution system with a reasonable division of labor among large, medium and small enterprises, among which the development of small and medium-sized banking institutions has been identified as one of the key objects of China’s financial system reform. However, whether China’s existing small banking system can effectively support the innovation and R&D activities of micro-enterprises is a major unproven problem, which is not only a key issue related to the reform of China’s financial system, but also a core component of building up a financial development theory with Chinese characteristics. Therefore, from the perspective of the heterogeneity of the banking system in developing countries, this article aims at re-examining the possible impact of the indirect financial system directed by banking institutions on micro-enterprise innovation.Based on an analysis of the unique large sample of enterprise data in China, findings of this empirical study indicate. (1) It certifies the theoretical hypothesis that “smaller banks are conducive to enterprise innovation”, that is, urban and rural commercial banks in China have a significant promoting effect on enterprise innovation activities. (2) It also verifies the theoretical hypothesis that “bank competition plays a stronger role in pushing smaller banks to effectively support enterprise innovation”. The increase in the level of bank competition caused by the flexible control policy for small and medium-sized banks to set up branches in different places in China is the key mechanism that brings about the promotion effect of urban and rural commercial banks on enterprise innovation activities. However, such promotion effect may mainly come from the adjustment of the loan term structure of banking institutions under the pressure of competition. The enhancement and intensification of bank competition urges urban and rural commercial banks in China to adopt medium and long term loans, so as to better meet the external financing needs generated by micro-enterprise innovation activities. These empirical evidences enrich the multilevel objective understanding of the internal mechanism of positive incentive effect of bank-led financial system on innovation.
		2023 Vol. 53 (3): 69-87 [Abstract] ( 152 ) [HTML 1KB] [PDF 826KB] ( 313 )

	88	Fu Qingsong

		From Leaping Capital to Surpassing Capital: The Logical Evolution of Modernization with Chinese Characteristics ^Hot!
		On the basis of the consensus of the current academic community that “the Western modernization that interacts with capital destroyed other modernity sprouts in the 18th Century and dominated the pattern of modern civilization, and that China’s modernization is in the effect of Western colonial modernization in its origin”, this article firmly holds the clue of the relationship with capital, and goes into the depth of history to capture the transition of the characteristics of Chinese modernization. From the perspective of historical genesis, social development and the nature of socialism, it argues that the logical changes of China’s modernization are summed up as a historical process of “leaping over the institutionalized capital (capitalism), occupying and utilizing the capital and its relationship as a tool for managing the world and helping the people, and transcending the capital itself”.For the first time in the academic circle, this article puts forward the “formal subordination” and “substantive subordination” of the relationship with capital to distinguish and describe the different types of the relationship with capital between China and the West. It is argued that the socialist society with Chinese characteristics is a formal subordination to capital, while the Western capitalist society is a substantive subordination to capital. This article puts forward the “leaping logic” and “occupying logic” of capital in the process of modernization with Chinese characteristics, and expounds the historical transformation and dialectical relationship between the two in combination with the shift of the focus of China’s practice in the period of socialist revolution, socialist construction and socialist reform. It is the first time to put forward and preliminarily demonstrate the academic proposition of “how the CPC controls the capital as a social relationship in essence”. It is believed that the key to answering this question in theory, in terms of text, history, reality and reasoning, lies in how to treat Capital, and how the CPC controls the capital as a social relationship in practice. For the purpose of discussion, this article creates academic discourses such as “non-classical socialist revolution”, “a question from colony”, “the Kafting Gorge of the productive forces”, “zero-sum view of Powerful Nation”, “the doctrine of Powerful Nation”.The new ideas put forward in this article are mainly as follows based on the “love and hate” mentality of the Chinese elites towards the Western-style modernization at the beginning of the exploration of the modernization road, it is proposed that the gunfire of the Russian Revolution not only sent Marxism to China, but also was invited by the Chinese elites in the long-term hard search. On the issue of the basic political premise of the modernization of forging the nation-state by revolution, the author puts forward the view that the new revolutionary road of encircling the cities from the countryside makes China’s modernization not only different from the capitalist West, but also different from the socialist Russia at the beginning. It proposes that the socialist market economy with Chinese characteristics, which is served as the road to modernization and prosperity, liberates the understanding of market economy and planned economy from the sense of “essence” and positions it on the sense of “tool”. This kind of understanding is not only different from the Soviet view of planned economy that is anti-capital, but also different from the Western view of market economy that is capital-worship. Based on the expression of the “two wonderful achievements”, it is proposed that China’s “political miracle” supports the “two wonderful achievements”. In terms of research methods, this article adopts a combination of vertical combing and horizontal comparison as a whole, and adopts in-depth reading and the method of “from abstract to concrete” in the analysis of Marx’s “capital as a general” in China.
		2023 Vol. 53 (3): 88-97 [Abstract] ( 145 ) [HTML 1KB] [PDF 693KB] ( 419 )

	98	Chen Lin

		Legitimacy and Ideological Construction (1921-1957): Investigations Based on the Marxist Context ^Hot!
		The legitimacy of governance is indispensable for any ruling party. Whether the state power is stable and orderly depends on whether it can be universally recognized. However, no matter what the purpose is, the compromise of interests cannot avoid the limitations of class consciousness itself. Therefore, the issue of legitimacy is not just a simple strategic issue but a practical issue that needs to be solved in the revolutionary practice. The most cohesive and weakest link in a country is the ideology reflected in people’s minds. It is not only the result of the direct connection between social economic form and political system, but also the prerequisite for the smooth operation of the latter. Through the alternative use of legal and “illegal” forms, flexible and pragmatic strategies are adopted to promote people’s liberation from the past ideology. Knowledge should not only stay in the abstract things in people’s minds, but it should be realistic with practical criticism. The key for the CPC to leading the people to overcome ideological problems lies in correctly handling the dialectical relationship between the ultimate goal and the practical needs. It is consistent with the requirements of this kind of educational work to fully seize and make use of the opportunity to give proper and necessary guidance to revolutionary actions. Reality itself is the starting point of all practice, and the correct view of any revolutionary action can only be rooted in the proletariat’s class consciousness, so as to ensure further development along the correct path.The process of self-education of the proletariat is destined to be long and arduous. The more widely a country is affected by traditional culture or the more deeply it is obsessed with bourgeois culture, the more difficult the process of self-education of the proletariat is. Only after being tempered in the long-term revolutionary struggle can we have a clearer understanding of the revolutionary purpose and historical mission, which is a dynamic process of constant adjustment and deepening. The CPC, based on its national conditions and its own practice, initially used economic struggle to gain the legitimacy of the revolutionary regime, expanded political encouragement to organize comprehensive political disclosure, and then trained the people to make a materialistic analysis of all classes and strata activities and all aspects of life in practice. Through constant adjustment and deepening, the proletarian class consciousness eventually became a subjective social consciousness. The CPC observes and thinks about problems from the perspective of dialectical materialism, constantly refines and summarizes the new achievements in the development process, summarizes the regular practical experience into systematic new theories and new theories, solves problems with fresh and lively Chinese style and Chinese style, which are popular with the Chinese people, and constantly writes a new chapter of Marxism’s Sinicization and modernization.
		2023 Vol. 53 (3): 98-110 [Abstract] ( 151 ) [HTML 1KB] [PDF 735KB] ( 385 )

	111	Ran Keping, Liu Bingyang

		Effective Realization of Personal Information Consent Rule from the Perspective of Game Theory ^Hot!
		In the era of digital economy, the balance between the protection, development and utilization of personal information is related to the legitimate rights and interests of individuals, and also determines whether the national digital economy can be stable and far-reaching. As an adjuster of the two kinds of interest relations, consent rule will play an increasingly important role. Therefore, the relevant legislation of personal information protection in various countries has clearly taken the consent rule as the legitimacy basis of personal information processing. However, in theory, scholars have been questioning the consent rule. Under the background that the Civil Code and the Personal Information Protection Law have been implemented, the normative effect of the consent rule itself is clear, and what is doubtful is the social effect measured according to the average compliance of the rule. Among practices, the effective implementation of the consent rule faces many obstacles, which has become an important issue that the theoretical and practical circles have to face. Compared with the traditional legal methods, game theory provides intellectual inspiration for people to understand how legal rules will affect people’s behavior through more objective and scientific quantitative analysis. What’s more, this theory is value free and shows the maximization of benefits, which has guiding significance for realizing the balance of interests of all parties. On this basis, we can contribute a new thinking path to the effective realization of the consent rule by analyzing the game process between the information subject and the data enterprise involved in the consent rule.From the perspective of game theory, the behaviors of the parties under the legal rules is consistent with the countermeasure behaviors in the game, which is a strategic interaction based on the interdependent interests of the actors. Among practices of personal information processing, the “consent” of the information subject and “collection and utilization” of the data enterprise are a typical mutual influence and interaction between the both sides of the game, and the relevant systems based on Article 1035 of the Civil Code and Article 13 of the Personal Information Protection Law as the core delineate the behavior framework of both sides. These behaviors will produce different results under the influence of different systems. In the process of the game between the information subject and the data enterprise, the information subject chooses the consent strategy and the data enterprise chooses to use personal information, which can promote the balance of the game between the two sides, and is also the ideal and effective operation state of the consent rule, while the cost is the key factor affecting the choice of the bilateral strategies. The effectiveness of the consent rule depends on the realization of the game equilibrium between the shareholders involved in the rule. Combined with the game analysis, it can be concluded that although the consent rule is still effective, it still needs some incentive measures to ensure its effective realization.In the future, the corresponding incentive mechanism should be built from both internal and external aspects. In terms of internal incentives, data enterprises should properly share the property interests of information processing to realize the privacy policy of “from scratch-from existence to excellence-from excellence to refinement”, and improve the level of personal information protection from the technical level. In terms of external incentives, the method of “specific enumeration + comprehensive investigation” should be adopted to clearly define the rational use of personal information, implement the limited right of consent withdrawal of information subjects, increase the cost of data enterprises violating laws, promote the application of public interest litigation and class action system for personal information protection, and establish a public-oriented personal information security assessment system for data enterprises. Therefore, building a personal data governance system that is both internal and external as well as “incentive-compatible” can promote the game equilibrium and ultimately benefit the effective realization of the consent rule.
		2023 Vol. 53 (3): 111-130 [Abstract] ( 155 ) [HTML 1KB] [PDF 883KB] ( 427 )

	131	Zhou Xiang

		Status and Participation Methods of Legal Experts in Judicial Digitization: A Case Study of the Procuratorial Organs ^Hot!
		The role of legal experts ought to attach much more importance in the light of judicial digitization. Procuratorial organs, for example, are banking on new digital technologies to fulfill their missions in the new era. The work of procuratorial organs in China focuses on legal supervision, takes case handling as the carrier, power restriction and rights protection as the goal, and power execution as the method.The shortcomings of the traditional optimization method of procuratorial organs lie in the lack of large-scale integration of existing resources, the over-reliance on external forces of existing tools, and the excessive time of institutional power expansion. To make up for the above deficiencies, it is imperative for procuratorial organs to make good use of digital technology so that legal experts can participate in the digitalization of judicature substantially.There are three prerequisites for legal experts to take part in judicial digitization substantially. The first is that procuratorial digitalization has stepped into the era of knowledge-assisted intelligence, with the hardware and software foundation of a unified case handling system, judicial big data based on case data, and gradually formed digital procuratorial theory. The second is to be able to switch between legal thinking and digital thinking smoothly. On the premise of mastering digital thinking, legal experts can integrate their professional experience into the digital thinking model. The third is to integrate various elements of professional scenarios into a framework. It means integrating legal basis, professional experience, and legal theory into the development of the model.The key links that legal experts participate in include the definition of professional scenes, the design of model schemes, and the construction of data sets. Legal experts with sufficient experience in handling cases first determine the scene and knowledge requirements of the procuratorial profession, transforming the difficulties in the case handling scene into the model tasks to be developed. In addition, through the dependency of multiple sub-tasks in the same professional scene, the optimization of the input feature system and the enhancement of the interpretability of the model participate in the model design and performance improvement. Finally, optimize the dataset used for model training. At this stage, the main role of legal experts is to construct professional scenes and diversified data labels for digital technology knowledge production.The participation of legal experts is conducive to producing valuable outcomes such as case clues, case patterns, and result predictions. Case clue is the beginning of legal supervision, which often restricts the activation of external supervision such as investigation supervision, trial supervision, and public interest litigation. Additionally, digital technology can help realize the transformation from individual cases supervision to class case governance supervision. Digital technology represented by machine learning is skilled at predicting results, which can assist judicial personnel to improve the accuracy of judgment, reduce the risk of misjudgment and provide more information for judgment.The aforementioned methodologies have been tested in public interest litigation, social governance, detention necessity review, and other scenarios. The methodological research on the participation of legal experts in the digitalization of procuratorial work can also provide reference for other public authorities, who also expect to carry out social governance more effectively with the help of digital technology. The more effective and safe use of digital technology to modernize social governance capabilities is a contemporary proposition facing public service departments in China. Digital technology is an essential tool for improving governance capacity, but it also requires those who exercise it to have the ability to harness it.As a result of the research on the axiology of digital technology tools, this study explores the systematic approach of procuratorial organs on how to use digital technology effectively. The present study takes the procuratorial organs as the case to study the method of introducing domain knowledge, but this methodology has universal applicability. For instance, the methodology applies to how to develop digital models that are closely related to specific scenarios and highlight the value of domain expert participation. It can also be applied to the typing of outputs to determine which model outputs are valuable for social governance. The methodology can also implement the participation of domain experts into the workflow of professional scenario definition, model scheme design, and data set construction.
		2023 Vol. 53 (3): 131-146 [Abstract] ( 162 ) [HTML 1KB] [PDF 774KB] ( 297 )

	147	Sui Hongsheng, Zhao Jie

		Men’s Studies in China from an Interdisciplinary Perspective: Theoretical Path, Venation, and Outlook ^Hot!
		After more than half a century’s academic development, men’s studies, which originated from the 1970s, have become a mature academic field. As a major branch of gender studies, men’s studies have simultaneously revised the imbalance of gender studies which have become synonymous with women’s studies, and it also makes outstanding contributions to the development of human gender civilization. In the feminist effort to problematize gender, Western men’s studies have formed two theoretical streams with “masculinity” and “manliness” as keywords. Raewyn W. Connell’s theory of masculinity effectively criticizes the power relationship in the patriarchal order, showing the theoretical limitation of misjudgment on power in the post-structuralism framework of gender politics as well. Faced with this weakness, Harvery C. Mansfield’s theory of manliness advocates men’s virtues to find a solution to gender issues, thus recovering the historical value of men who have been excessively attacked. Considering the validity and blindness of the masculinity theory and manliness theory, Chinese scholars critically accept these two theories and dialectically reflect on them.Taking Western theories of men’s studies as reference, Chinese men’s studies pay effort to deconstruct men’s authority in patriarchal order and gender politics, while attempting to rethink the emotional dimension and aesthetic factors in the gender system, and then reassert the positive significance of manliness. Specifically speaking, men’s studies in the first phase are mainly in the field of psychology, focusing on the topics of biological sexuality, gender roles, and gender psychology. Meanwhile, researchers also attempt to tackle the social issues of gender hegemony when describing gender temperament, demonstrating the transition of men’s studies from a descriptive stage to an interpretive stage. Men’s studies in the second phase gradually jump out of the psychological paradigm of gender discrepancy study. Researchers in this stage mainly introduce the sociologist Connell’s theory of masculinity, regarding masculinity as the symbol of culture and the symptom of power, showing a shift of men’s studies from psychology to sociology from the perspective of cultural studies. Men’s studies in the third phase show a clear theorizing process and distinct interdisciplinary turn in which researchers not only successfully merge the masculinity theory and manliness theory to greatly improve the interpretation validity of men’s study, but also concentrate on practical strategies of men’s discourse in specific historical contexts to broaden the interdisciplinary horizon of men’s studies. With the deep development of three stages, the research perspectives of men’s studies in China have experienced the shift from the field of psychology, and sociology to the theorizing process and interdisciplinary study, showing a paradigm change from gender discrepancy, gender politics to the practice of men’s discourse, and generating a bidirectional path of critical deconstruction and reflective construction. In order to understand the real circumstances of men in China, and to balance the power critic and humanistic concern, men’s studies in China should take the Chinese reality context as their basement, deeply exploring the localization strategy of the theory. Only with the real solution to men’s problems and the ultimate realization of gender harmony between males and females can men’s studies be localized in China. Based on the special representation of Chinese gender issues, future men’s studies in China must endeavor to reinforce the researchers’ subjectivity, innovate the study method and enlarge the research scope. Only in this way can men’s studies in China develop an effective interpretation scheme relying on a localized standpoint, then convey the unique experience of men’s studies in China to the world and prompt the dialogues and communication of men’s studies between China and the Western world.
		2023 Vol. 53 (3): 147-160 [Abstract] ( 282 ) [HTML 1KB] [PDF 820KB] ( 611 )

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