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JOURNAL OF ZHEJIANG UNIVERSITY 2023 Vol.53 Number 12
2023, Vol.53 Num.12
Online: 2024-01-05
Article
Article
5
Shi Jinchuan, Ye Bin
The Disciplinary System of Law and Economics with Chinese Characteristics and Its Construction
Hot!
Located at the intersection of economics and law, law and economics is primarily concerned with analyzing the formation, operation, and evolution of law, as well as the impact of law on economic performance through the use of economic theories. It has been more than forty years since China began its reform and opening up, and as a result has gradually developed a socialist market economy system, which essentially is a rule of law economy. China’s economic development has initially been characterized by the joint promotion of the level of the rule of law and economic development. As the reform practices of China’s economy and rule of law continue to provide important issues and experiences for the theoretical study of law and economics, the endeavours and explorations of China’s law and economics community also provide stronger theoretical support for the establishment and improvement of the socialist market economy.China’s law and economics have essentially achieved full coverage of modern law and economics in terms of knowledge categories after nearly 40 years of development following the introduction of modern law and economics. In order to establish a law and economics system with Chinese characteristics, a knowledge system with Chinese characteristics must be established in terms of theoretical foundation, problem orientation, theoretical reference, and cultural inheritance. The construction of the disciplinary system of law and economics with Chinese characteristics is a four-in-one structure, the four elements of which include taking Marxist political economy as the theoretical foundation, taking the practice of China’s market economy and the rule of law system as the problem orientation, drawing on the scientific theories in modern law and economics and the useful practice of extraterritorial laws, and inheriting and carrying forward the excellent traditional Chinese legal culture. The four elements of the structure are complementary and mutually reinforcing, and reflect the characteristics of “one body, two wings” and “to hold the sky above, to stand on the ground”.One body and two wings means that the “one body” of Marxist political economy as the theoretical foundation depends on the implementation and promotion of the “two wings”, i.e., taking the practice of China’s market economy and the rule of law system as the problem orientation to strengthen the ontological foundation of the discipline, and at the same time, drawing on the modern scientific theory of law and economics and the useful practice of extraterritorial laws to consolidate the epistemological foundation of the discipline. To hold the sky above and to stand on the ground means that, on the one hand, conceptually, law and economics with Chinese characteristics must be structured in the form of “one body and two wings” to develop cutting-edge scientific theories with an independent knowledge system, and on the other hand, empirically, the cutting-edge scientific theories of law and economics with Chinese characteristics need to be developed through the innovative development of the traditional Chinese excellent legal culture, for the theories to be firmly rooted in the practice of the Chinese modernization and continuous improvement to be achieved.The process of constructing the law and economics with Chinese characteristics is, first of all, to give the concepts of modern law and economics theory the connotation of Chinese practice by observing the reality of China’s socialist market economy and the construction of the rule of law; then to delineate the category and establish the objects of research with localized concepts, to put forward theoretical views based on the propositions of the analysis of the relationship between the objects of research, and to verify the theoretical views by using the method of empirical research of modern economics; and finally to put the theoretical viewpoints into the framework of history and logic unity to form an independent knowledge system, and with the independent knowledge system as the kernel, the disciplinary system of law and economics with Chinese characteristics is constructed, which contributes Chinese wisdom to the modern theory of legal economics.
2023 Vol. 53 (12): 5-16 [
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Duan Zhiwen, Zhang Xiaowei
Neo-modernity Construction and Interpretation of the Chinese Path to Modernization
Hot!
The Chinese path to modernization is different from the modernization model of any country or region in the past. It has the common characteristics of modernization of all countries, as well as Chinese characteristics based on national conditions. Therefore, the interpretation of the Chinese path to modernization needs to break through the previous interpretation framework of Western modernity and construct and interpret neo-modernity. This has important theoretical and practical values for accurately interpreting the Chinese path to modernization, innovating the theoretical system of the Chinese path to modernization, and promoting the practice of the Chinese path to modernization. It has important practical enlightenment for promoting the development of world modernization and the construction of a new form of human civilization.The construction of the neo-modernity of the Chinese path to modernization should first learn from and surpass the discourse system of Western modernity. On the one hand, neo-modernity is an unfinished form of modernity, emphasizing the theoretical applicability between modernity and neo-modernity, and achieving absorption and reference to the discourse system of Western modernity by adhering to the three positions of modernity, postmodernism, and reflective modernity. On the other hand, neo-modernity is essentially a socialist modernity that transcends capitalist modernity. While recognizing the universal significance of modernity, we should also take into account China’s national conditions. The previous interpretation framework of modernity based on Western modernization cannot effectively explain the Chinese path to modernization, which achieved the transcendence of the discourse system of Western modernity.The construction of the neo-modernity of the Chinese path to modernization must achieve the inheritance and development of Marx’s critical theory of modernity. In Marx’s critical theory of modernity, “diagnosis-criticism-construction” constitutes a logical chain of modernity criticism. Marx’s criticism of capitalist modernity is based on the premise of diagnosis of capital and guided by the construction of socialist modernity. The construction of the neo-modernity of the Chinese path to modernization should also be carried out in the Marxist logic of “diagnosis-criticism-construction”, which is the basic logic that the construction of the neo-modernity needs to follow.The neo-modernity construction of the Chinese path to modernization should also be based on the Chinese field and explore the “Chinese gene” in the Chinese road, Chinese model, and Chinese civilization. Firstly, the Chinese road has achieved a great leap forward from the new democratic revolutionary road with Chinese characteristics to the socialist construction road with Chinese characteristics, and then to the new road of the Chinese path to modernization, showing a dialectical development process from “revolutionary modernity” to “construction modernity” to “reform modernity” and then to “neo-modernity”. The second is that the Chinese model achieves model innovation through reference, criticism, reflection, and transcendence of the Anglo-American model, the Soviet model, the Nordic model, the Latin American model and the East Asian model. The third issue is the modernity of Chinese civilization, which is the foundation of civilization for the possibility of neo-modernity.Based on the triple logic of constructing neo-modernity mentioned above, a framework for interpreting neo-modernity is ultimately formed. The first is the theoretical form of neo-modernity. Neo-modernity has achieved a leap forward from instrumental rationality to practical rationality, from individuality to commonality, and from civilization conflicts to new forms of human civilization. The second is the fundamental nature of neo-modernity, including adhering to the comprehensive leadership of the Party and putting the entire people at the center. The third is the practical characteristics of neo-modernity, including diversified coordination, overall promotion, diverse narrative, and so on.
2023 Vol. 53 (12): 17-30 [
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Tao Ran, Shen Dan
“Chinese Characters (
Wenyu
)” and “Korean Pronunciation (
Fanyin
)”: The Rhythm Dilemma in the Concept of Ci-poetry in Goryeo Kingdom and Joseon Kingdom
Hot!
The rhythm dilemma of “Chinese characters (
Wenyu
)” and “Korean pronunciation (
Fanyin
)” has long been existing in Ci-poetry in Goryeo Kingdom and Joseon Kingdom, which was not only the contradiction between Chinese characters as written language and Korean native pronunciation, but also two kinds of conflicting rhythm concepts of Ci-poetry. The holders of “Chinese characters (
Wenyu
)” believed in sticking to the standard of Chinese rhythm and advocated the harmonic rhythm of Ci-poetry, which was represented by Xu Juzheng and Li Zongzhun in the early Joseon Dynasty, and had a profound influence on the later Korean Ci-poetry theory. However, in the face of phonological differences, there arose another rhythm concept in the middle and late Joseon Dynasty which advocated getting rid of the rhythmic restriction of Ci-poetry, and applying Korean rhythm and music to Ci-poetry to break the shackles of Chinese rhythm. The representative holders of this concept were Shen Qin, Li Hengxiang et alii. These two seemingly conflicting concepts of rhythm had long been coexisting, blended with fuzziness and compatibility. The literati could not fulfill the strict rhythm requirements of Ci-poetry and neither could they abandon the rhythm requirements completely, resulting in an irresolution between keeping and breaking the rhythm.From the macro perspective, in the middle and later periods, Ci-poetry in the Goryeo Kingdom and the Joseon Kingdom showed an obvious tendency to break the rhythm constraints, with many changes in rhythms from emphasizing “Chinese characters (
Wenyu
)” to emphasizing “Korean pronunciation (
Fanyin
)”. In order to overcome the rhythm dilemma, the Korean literati made great efforts in Ci-poetry writing. It became more and more common in mixing the use of ping and ze in poetic sounds as well as the use of rhyming. In terms of sentence patterns and Ci-poetry forms, the poets were brave enough to add and delete, to create new forms and styles. They also combined Korean native music with Ci-poetry, thus creating a distinctive new Ci-poetry. Therefore, the strict rhythm of Ci-poetry became gradually relaxed, showing the estrangement from the rhythm requirements of Chinese Ci-poetry and the consciousness of literati in the Goryeo Kingdom and the Joseon Kingdom in transforming their own Ci-poetry.Whether or not the breakthrough of literati in the Goryeo Kingdom and the Joseon Kingdom to the rhythm dilemma was complete, what is worth paying more attention to is the Ci-poetry ecology and cultural psychology reflected in this attempt and transformation. With the loss of the music and the poeticization of Ci-poetry, the reference standard of rhythm changed from music to prosody spectrum of Ci-poetry. The collection of Ci-poetry and even the specific Ci-poetry can serve as a reference sample, and Ci-poetry was written according to the prosody spectrum from music. The dissolution of the musicality of Ci-poetry provided a breakthrough point for breaking through the rhythm dilemma. In the pursuit of writing Ci-poetry, the focus of literati in the Goryeo Kingdom and the Joseon Kingdom shifted from form to emotion, and they opposed the restrictions of emotion oppression from rhythm, which was then the general trend of the development of the Korean Chinese literature. More importantly, literati in the Goryeo Kingdom and the Joseon Kingdom changed greatly from self-denial to self-affirmation, hoping to get rid of the inertia of worshiping China and promote their own poetry, and strive to find their own characteristics and position under the shadow of Chinese literature.Compared with previous studies, this paper analyzes how literati in the Goryeo Kingdom and the Joseon Kingdom viewed and coped with the rhythm dilemma of Ci-poetry from the new perspective of “Chinese characters (
Wenyu
)” and “Korean pronunciation (
Fanyin
)”, which not only sorted out and explained the trend of breaking rhythm in the development of Korean Ci-poetry, but also showed the complex psychology of the literati when facing Ci-poetry as a foreign literature and the different Ci-poetry environment in Korea based on the standard position of Ci-poetry in the Goryeo Kingdom and the Joseon Kingdom. All in all, this paper explores the selective acceptance and transformation of Chinese Ci-poetry so to express the local characteristics and self-consciousness of the Ci-poetry in the Goryeo Kingdom and the Joseon Kingdom, and finally to highlight the new vitality and new possibilities of Ci-poetry after its spread to East Asia.
2023 Vol. 53 (12): 31-44 [
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Fu Xiangxi
Vernacular Poetry: Exploration and Experiment of the Crescent Poetry School about Poetic Language
Hot!
Exploring the Crescent Poetry School from the perspective of language is a new trend in recent years. However, there is a common problem in this kind of research, that is, they simply fit the language phenomenon with the literary phenomenon and fail to objectively and concretely evaluate the value of the Crescent Poetry School in the history of modern new poetry. From the perspective of language change, this paper investigates how the Crescent Poetry School establishes a relationship with the language change of May 4th new poetry through the “vernacular into poetry” and what lessons have been left by the experiment of “vernacular into poetry” of the Crescent Poetry School.By examining the “vernacular into poetry”, we can find that the Crescent Poetry School inherited and expanded the May 4th new poetry language reform in the process of vernacular popularization, took “vernacular into poetry” as a new way of the new poetry language construction, and inherited and expanded the May 4th new poetry language reform from the two dimensions of time and space. In terms of time dimension, “vernacular into poetry” inherits the importance of vernacular poetry to the modernity of language, presents a close integration with modern life, and gets rid of the entanglement of vernacular/classical Chinese binary opposition at the same time. In terms of spatial dimension, “vernacular into poetry” follows the tradition of absorbing other regional languages in the early new poetry, and takes the local dialect as the main language resource, which can make up for the deficiency of Europeanized language to a certain extent.Through the two experiments of slang into poetry and Beijing dialect into poetry, the Crescent Poetry School not only established the new poetry language concept of accommodating the poet’s individual regional language characteristics and taking Beijing vernacular as the main body for the modern new poetry, but also determined the language expression of new poetry to a great extent, so that the May 4th new poetry really returned to the language noumenon. This gives the Crescent Poetry School “vernacular into poetry” two characteristics: one is the method of vernacular into sentence and vernacular into rhyme, the other is to imitate the language of the lower class. These two characteristics inherit and develop the popularization direction of the language reform of new poetry. However, it still follows the stereotype of language instrumental theory in the vernacular movement, ignoring the ideological and poetic nature of modern language, and its experience and lessons deserve attention.
2023 Vol. 53 (12): 45-58 [
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Liu Zhiyang
Investigation and Study of Foreign Prison Labor System of Chinese People in Late Qing Dynasty
Hot!
The reform of prison system was the key point of judicial reform in the late Qing Dynasty and the Republic of China. The process was closely related to the investigation and study of foreign prison system by Chinese people in the late Qing Dynasty. The existing academic results are insufficient to discuss this problem, and examining the introduction and establishment process of specific prison system will help deepen our understanding. The prison labor system was a good research object.The prison labor system was the focus of the reform of the prison system in the late Qing Dynasty. It was different from the penal servitude system in ancient China. It was introduced by the people of the late Qing Dynasty through overseas investigation and study from the middle and late 19th Century to the early 20th Century. The introduction process can be divided into three stages. First, a preliminary investigation mainly focused on the prison systems in Britain, America and Japan. Second, translated and studied the works and thoughts of Ogawa Shigejirou. Third, attended the Universal Prison Congress and visited prisons in 15 countries along the way.With further investigation and study, the Chinese people in the late Qing Dynasty not only understood the basic content of the prison labor system but also believed that the system was a symbol of judicial civilization, and that China should transplant it as soon as possible. The introduction of this system carried the Chinese people’s longing for civilization. However, the comparative analysis of the reality of the prison labor system in foreign prisons and the background of that system showed that the people of the late Qing Dynasty overestimated the implementation of that system in Britain, the United States and other countries, and did not fully understand the social and economic basis on which the system was established and developed. This showed the limitation of cognition which is partial and superficial.Reflecting on legal transplantation, it could be seen that the legal transplantation of the late Qing Dynasty at least included two aspects: investigate the system and study the theory. The former provided the material for transplantation, and the latter strengthened the belief in transplantation. Legal transplantation was not only the imitation of rules, but also the transmission of legal theoretical knowledge and the shaping of civilized ideas. Because of this, the transplanted system had been important for a long time, and the judicial reform, including the reform of the prison system, had been sustained. Unfortunately, under the pressure of consular jurisdiction, the investigation and study were not sufficient, so that the transplantation of law was hurriedly without a deep and abundant understanding. In the rush, the Chinese people had a certain degree of beautification or misunderstanding of the foreign system itself and the so-called “civilization”. The reason for the frequent setbacks in the reform since then, was not unrelated to the basic problem that there was a deviation in the cognitive premise of legal transplantation.Compared with the existing researches, the above discussion has the following innovations: Firstly, the existing results were either generalized or limited to the Draft of the Prison Law of the Qing Dynasty, rather than going deep into a specific prison system. This paper focuses on the prison labor system so as to expand the research space of prison history in the late Qing Dynasty from the mesoscopic level. Secondly, previous studies often did not explore the mindset and cognition of the visitors, so the impact of the study could not be objectively assessed. By comparing the investigation record with the prison situation in the Western countries, this paper reveals the cognitive limitations of the investigators, and draws a conclusion that there is a deviation in the cognitive premise of legal transplantation, so as to make a new thinking about legal transplantation. Thirdly, as a study of legal history, this paper provides new historical materials, such as
On Prison Operations
by Ogawa Shigejirou and
The Original Report of the Eighth Universal Prison Association
by Wang Shurong, etc., which has enriched the research materials for the academic circle.
2023 Vol. 53 (12): 59-71 [
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Chen Jingshan, He Tianxiang
The Connecting Structure Between the Right of Rescission and Reinstatement of Personal Insurance
Hot!
Reinstatement of insurance refers to a legal mechanism wherein, upon the policyholder’s failure to timely pay premiums, leading to the suspension of a personal insurance contract, the contract can be reinstated if the policyholder applies for reinstatement within the statutorily defined reinstatement period and pays the outstanding premiums. Originating from the inherent power asymmetry between insurers and policyholders, this mechanism serves to restore contractual equilibrium, ensuring the continuity and stability of the insurance contract while safeguarding the contractual interests of both the insured and beneficiaries. However, as a contract inherently altruistic in nature, personal insurance extends beyond the concerns of the policyholder and the insurer, involving third-party interests during contract performance. Such complexity results in the normative framework modeled on dual contracts tending to overlook the interests of third parties, especially when the insurer and the policyholder exercise their right of rescission. Thus, there is a pressing need for a nuanced institutional design to protect third-party interests in the context of personal insurance reinstatement.In the current Chinese legal landscape, the reinstatement system relies on a foundational structure encompassing a “reinstatement request” and “hazard defense”. However, current insurance law fails to address the question whether third parties, whose interests are intertwined with the contract apart from the policyholder, possess the right to apply for reinstatement and if they can make premium payments on behalf of the policyholder following such an application. Given that third parties lack contractual insight and therefore unable to ascertain specific contract performance details, such a legal structure may result in the loss of opportunities for the third parties to self-remedy their insurance interests. Consequently, the reinstatement system should undergo two structural adjustments to address this issue. Firstly, from both logical and legitimacy perspectives, the reinstatement system should align with the demands of judicial practice. This entails expanding the qualification for reinstatement applications to include the insured or beneficiary while imposing a duty on them to inform the policyholder after applying for reinstatement, thereby compelling the policyholder to rectify premium payments. Secondly, building upon this, the system should permit third parties to make premium payments for a suspended contract through mechanisms including “third-party alternative performance” or “exempt debt assumption”, which help realize the two institutional values of the reinstatement system, namely continuation and mutual benefits.The reinstatement system and the right of rescission should ideally operate independently. However, due to the inherent altruistic nature of personal insurance contracts, an information asymmetry exists between the third parties and the contracting parties. Additionally, the formative nature of the right of rescission implies inadequate reminders for third-party rights. Consequently, third-party interests are at risk in situations involving the statutory right of rescission exercised by the insurer and the discretionary right of rescission exercised by the policyholder. To safeguard third-party interests and bridge the gap between these two systems, a combination of preventive and responsive constructions could be implemented. In terms of specific institutional construction, distinctive modes should be devised for the discretionary right of rescission and the statutory right of rescission. For the former, a notification mode is recommended for the policyholder’s exercise of discretionary rescission. This mandates that the policyholder informs the third parties of the information on the exercise of rescission right before doing so. For the latter, the re-interpellation system could be introduced for the statutory right of rescission. This system requires the insurer to notify the third parties concurrently with reminding the policyholder to pay the premium. It needs to be aligned with the free mode of the right of rescission thereafter.The existing legal scholarship has shown a notable dearth in addressing the safeguarding of third-party interests in the context of insurance reinstatement. Also, a comprehensive exploration of the intricate relationship between the reinstatement and the right of rescission is conspicuously absent from scholarly discourse, creating a discernible theoretical gap. This paper addresses this research vacuum by examining the reinstatement system, the right of rescission, and their articulation as three distinct thematic dimensions. It introduces a typology-based approach to articulate the reinstatement and recession rights system, providing a nuanced understanding of their interplay; while also evaluates the roles of the “re-interpellation system” and the “inquiry into redemption” system within the discussion. The proposed articulation construction, emerging from this inquiry, can better fulfill its dual institutional values of continuity and mutual benefit while ensuring proper protection for third-party interests.
2023 Vol. 53 (12): 72-86 [
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Wu Hanyu
The Use and Restrictions of Genetic Information in Insurance Underwriting
Hot!
The current legislative model that completely prohibits insurers from using genetic information for underwriting is controversial. From the perspective of balancing interests, the basic standpoint of total regulation in protecting the personal interests of the insured deserves recognition. However, the total regulation does not sufficiently consider the principle of consideration balance in the insurance law and the operational mechanism of insurance, nor does it meet the requirements of the principle of proportionality. There is a need for moderate adjustments. The strict restricted mode that prohibits the use of genetic information underwriting by insurers as a principle but allows exceptions for insurers to use genetic information for underwriting within limited scope is a more suitable solution. The reasons are as follows. Firstly, the strict restricted mode does not deny the basic stance of prohibiting the use of genetic information in principle. Secondly, genetic information presents a diverse characteristics in accurately assessing risks. Allowing insurers to collect genetic information with more accurate predictive capabilities within a limited scope can resolve the controversy over the accuracy of genetic information risk predictions and enable insurers to accurately assess risks. Thirdly, collecting genetic information within the restricted scope will not result in the proliferation of adverse selection. Fourthly, the risks of compromising the insured’s personal interests arising from the use of genetic information within the restricted scope can be controlled. Fifthly, allowing the use of genetic information within the restricted scope aligns with the functional positioning of commercial insurance complementing social insurance in China. This can not only balance the consideration balance principle in insurance and the operational mechanisms of insurance, but also achieve the balance of interests among all parties, i-n line with the principle of proportionality. However, allowing insurers to use partial genetic information for underwriting may result in the risk of consideration imbalance, genetic discrimination, difficulties for vulnerable groups in obtaining insurance protection, and potential risks of privacy and personal information leakage. These risks can be controlled through reasonable institutional design. Firstly, insurers should be required to collect genetic information that meets the scientific reliability standard and has a direct relevance to risk assessment. Moreover refining insurer’s inquiry specifications and improving the duty of utmost good faith disclosure system can help control the risks of consideration imbalance. Secondly, genetic discrimination and difficulties for vulnerable groups in obtaining insurance protection can be controlled by limiting the types of insurance where insurers have the authority to access to genetic information, setting threshold amounts for insurer’s access to genetic information, prohibiting the insurers from actively requesting genetic testing from the insured as a condition for underwriting, and enhancing pre-approval procedures by insurance regulatory authorities. Lastly, controlling risks of individual privacy and sensitive information leakage by insurers during the use of genetic information can be achieved through refining the insurer’s disclosure obligations, limiting the insured’s consent to “separate consent only”, imposing confidentiality obligations on insurers after obtaining genetic testing results and clarifying the insured’s rights to rectify and delete genetic information.
2023 Vol. 53 (12): 87-105 [
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Shen Liyong
Key Elements and Practical Paths of the Financing Mode of Education Foundations for Research-oriented Universities: A Multi-case Study Based on Content Analysis
Hot!
For research-oriented universities, it is an essential resource guarantee to explore a scientific and reasonable financing mode of university education foundations, thus exploiting their multiple functions. According to the Report to the 20th National Congress of the Communist Party of China, it is necessary to establish a coordinated system for primary, secondary, and tertiary distribution, and to guide and support enterprises, social organizations, and individuals with desire and ability to actively participate in charitable and public-interest initiatives. In recent years, China has placed more emphasis on tertiary distributions like charity and encouraged social input through donations and establishing funds. In that sense, China has enhanced the governance structure and deepened the education reform by creating and improving a long-term mechanism for joint investment by the central and local governments, enterprises and the public.Nowadays, education foundations for research-oriented universities have actively carried out financing exploration targeting society, obtaining various practical experiences. However, problems such as small financing scale, inadequate financing channels, low degree of specialization, and lack of overall planning are still to be addressed. The root cause lies in the lack of financing mode with complete elements and efficient operation. Therefore, it has become a new proposition to Chinese universities in the new era to apply theories to education foundations for research-oriented universities to construct an effective financing mode, with systematic analysis of the elements and operation of the mode, in order to transform the financing of education foundations for research-oriented universities from passive to active.According to the theory of multiple actors and the main viewpoints of education ecosystem theory, this paper regards the financing of education foundations for research-oriented universities as a complex system. Considering the maturity of research-oriented universities’ financing, the basic attributes of public and private financing of education foundations, as well as theoretical construction and marginal cost and effectiveness of cases, this paper selects nine typical research-oriented universities, including Tsinghua University, Peking University and Zhejiang University, for a case study. Content analysis is adopted for 22 key elements and 205 typical items of the financing mode from dimensions such as financing goals, organizational structures, financing processes, system specifications, conditional resources, etc.The degree and category of the elements of the financing mode are closely related to the mode of the education foundations for research-oriented universities. By comparing and analyzing the mode of action and correlation of the elements, this paper identifies the differences in the characteristic of the four financing modes. Among them, the centralized mode is dominated by the university level with accumulation effect and imbalance in departments. The decentralized one means financing related to departments with extensive channels but limited scale effect. The pluralistic integration one refers to the cohesion of university and department levels with significant correlation effects but differences in goal identification. The hybrid mode represents a shared integration of universities and departments with flexible decision-making management yet high coordination cost. There is no good or bad between these financing modes, and the distinctions are mainly reflected in the elements to exploit their functions. That provides a practical basis for further combination of the key elements and characteristics to construct and operate the financing mode of education foundations for research-oriented universities in a holistic and systematic way.In order to fulfill the mission of financing with high quality and settle the contradictions between the growing demand for resources and increasingly scarce resource guarantee, research-oriented universities should leverage scientific layout for the top-level design of financing, build the collaboration mechanism of universities and departments, enhance leading financing ability comprehensively, establish and improve the financing management system, and cultivate the culture of charitable giving actively, thus improving the effectiveness of university financing and providing references for facilitating research-oriented universities to the forefront of world-class universities.
2023 Vol. 53 (12): 106-117 [
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Wu Juhui, Liu Zihan
The Practice Path and Experience of Faculty Team Construction in World-class Universities: Based on the Analysis Framework of “Principle-System-Technology”
Hot!
Faculty members play a pivotal role in fostering innovation in knowledge production, enhancing the quality of talent cultivation, and elevating the standard of social services. Establishing an exceptional faculty team serves as a fundamental catalyst for enhancing the competitive edge of higher education. Consequently, world-class universities have seamlessly integrated faculty team construction into the strategic planning of pivotal developmental domains, engaging in numerous initiatives and explorations to refine faculty management and foster professional development. Embedded within the modernization of higher education governance, the construction of a faculty team represents a multifaceted and intricate principle, possessing profound connotations and extensions. It conforms to the underlying construction logic of “principle-system-technology” of modern governance. Previous research on this subject tends to be focused on single or fragmented perspectives concerning principles, systems, and technologies. However, few studies have approached it from an international standpoint to holistically integrate these three fundamental frameworks and crucial elements that shape the trajectory and impact of faculty team construction. Consequently, this paper establishes an integrated analytical framework focusing on “principle-system-technology” to systematically examine the trajectory of high-quality faculty team construction in world-class universities. Among them, the principle is the value forerunner that leads the action of faculty team construction. System is the key guarantee to support the process of faculty team construction. Technology is a direct factor affecting the effectiveness of faculty team construction. Three dimensions are independent in form and mutually shape and support in internal logic. Commencing with the aforementioned analytical framework and drawing on the 2022 Academic Ranking of World Universities by Shanghai Jiao Tong University, this paper employs a multi-case analysis approach to investigate the routes pursued by 10 globally renowned universities in establishing their faculty teams, including Harvard University, Stanford University, University of Oxford, University of Cambridge, and so on. The enlightenment of the experience of the world-class university faculty team construction on Chinese universities is expounded.These universities are found to foster faculty development through the principles of autonomy and specialization, stimulate the academic governance effectiveness via the principles of performance and freedom, and cultivate social equity through the principles of diversity and inclusion—all of which drive the harmonized progress of faculty, universities, and society. Within the institutional system, the personnel management system is staunchly established with rigor and equity as the guiding principles, while the organizational culture is firmly centered on faculty members, thereby engendering a cohesive structure that seamlessly integrates formal and informal systems. From a technical standpoint, the accumulation of faculty intellectual capital is internally propelled through mentoring programs and consultation services, whereas external advancements in digital technologies foster the development of teachers’ professional acumen, incorporating conventional platforms grounded in social interaction and intelligent, digital mediums. In general, these universities form a faculty team construction path with principles guided from top to bottom and enabled by technologies from bottom to top. To emulate the faculty team construction practices of world-class universities, Chinese higher education institutions should embrace a faculty-centered approach and embrace open, inclusive, and mutually reinforcing principles. Efforts should be made to refine the standardization and humanization of the construction system, embrace instructional community guidance, and leverage digital technology to reinforce the construction process. These measures aim at continually advancing the efficacy of faculty team construction, boosting the innovative momentum of faculty members, fostering a cohesive alliance across the dimensions of principle, system, and technology, and ultimately achieving a harmonious, synergistic relationship between cultivating esteemed educators and building world-class universities.
2023 Vol. 53 (12): 118-130 [
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Qian Tao, Zhan Yutao, Pan Shiyuan
The Impact of Super-deduction of R&D Expenses on Innovation Direction: Evidences from Listed Companies in Chinese Manufacturing Industry
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After over 40 years of development through reform and opening up, China’s economy has transitioned from high-speed growth to high-quality development. However, its innovation capability has not yet fully met the requirements of achieving high-quality economic development. To shape the nation’s competitive advantage, enhancing enterprises’ independent innovation capacity is imperative. The “Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and the Long-Range Objectives Through the Year 2035” proposes forward-looking strategies for future industries. Pioneering innovative directions and achieving new technological breakthroughs provide important scientific and technological support for opening up new areas and tracks, shaping new impetus and new advantages, and cultivating future industries.The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China explicitly encourages enterprises to increase their research and development (R&D) investment, implementing tax incentives for basic research. The policy of the super-deduction of R&D expenses plays a central role in China’s tax policy system to stimulate corporate innovation. It is written into the important guiding documents such as the “National Innovation-driven Development Strategy Outline” and the “13th Five-Year National Science and Technology Innovation Plan”. Evaluating whether this policy can promote enterprises to explore new innovative directions, enhance their independent innovation capabilities, maintain sustainable innovation, is of great significance to improving the efficacy of the national innovation system, achieving scientific and technological self-reliance and self-improvement, and even realizing the goal of building a socialist modernized strong nation.Existing literature has mainly focused on the quantity of innovation while neglecting the crucial role of innovation direction. This study compiles data on the tax incentives for the super-deduction of R&D expenses enjoyed by companies listed on the Shanghai and Shenzhen stock exchanges between 2014 and 2018. Using this data, the actual beneficiaries of the super-deduction of R&D expenses policy are effectively identified. Additionally, following the classification methods of Ahuja & Morris (2001), and referencing the “International Patent Classification (2016)” (IPC classification) and the “International Classification for Industrial Designs (8th edition)” (Locarno classification), the patents applied by listed companies are summarized and classified by “department, major category, and minor category” to determine whether enterprises have ventured into new innovative directions. The study employs the Heckman two-step model to examine the policy’s effects.The research findings indicate (1) the policy effectively encourages enterprises to explore new innovative directions and engage in high-quality innovation activities in these new areas; (2) the increase in cash flow support and net asset return brought about by this policy is a significant pathway for promoting enterprises to explore new directions; (3) the incentive effects of this policy on exploring innovative directions in strategic emerging industries are more pronounced. The study suggests further intensifying incentives, implementing policies to support “bottleneck technologies” and other strategically important technological fields, and increasing support for strategic emerging industries. Moreover, greater post-support should be provided to enterprises that achieve groundbreaking innovation breakthrough.
2023 Vol. 53 (12): 131-150 [
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