JOURNAL OF ZHEJIANG UNIVERSITY (HUMANITIES AND SOCIAL SCIENCES)

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	JOURNAL OF ZHEJIANG UNIVERSITY 2024 Vol.54 Number 7
	2024, Vol.54 Num.7
	Online: 2024-08-06

	Article

Article

	5	Wang Guiguo

		Strengthen the Right to Development under International Law Through “Yi Ziran” ^Hot!
		This article proposes that the “Yi Ziran” legal analysis method can be adopted to strengthen the right to development under the international law. The right to development has evolved into a substantive right in international law. The “Yi Ziran” method is inspired by the philosophical teachings of Laozi, Zhuangzi, Confucius, Legalism, and New Neo-Confucianism, incorporating the view of the universe found in the Yijing (Book of Changes). It argues that the right to development should respect the Dao (law) and De (virtue).The “Yi Ziran” method is based on the close relationship between law and culture, recognizing that legal development is intertwined with culture and tradition. Cultural and traditional values often reflect common human values and contribute to the advancement of law, jurisprudence, and legal philosophy. Unlike theistic perspectives, Yijing and Laozi’s philosophy advocate atheism, asserting that “Dao” is the fundamental source of all things. According to this philosophy, all entities in the universe are born, develop prosper, decline, and die in accordance with the principles of “Dao”. Therefore, “Dao” serves as the highest standard for human behavior and the ultimate paradigm for legal systems and norms. This perspective aligns with the natural progression of phenomena and demonstrates the wisdom of Chinese traditional culture. It can serve as a bridge between Eastern and Western cultures, offering a logical foundation for regulating cross-border exchanges and transactions among humans.The “Yi Ziran” legal analysis method examines the right to development from four perspectives: “Dao”, “De”, “Wu” (material) and “Shi” (conditionality). The right to development in international law has its own evolutionary process, guided by its own rules or “Dao”. It also requires the cultivation of “De” to take shape. “Wu” and “Shi” contribute to its formation and realization. “Dao” represents the root of all creation, and its specific manifestation relies on “De”. As a right in international law, the right to development is not solely the right of nations but also the right of individuals. It possesses unique characteristics derived from its inherent “De”. Furthermore, the generation and growth of entities require certain conditions, namely “Wu” and “Shi”. Human dignity can be considered the “Wu”, namely, the material aspect of the right to development. Descriptions of on human dignity in Chinese traditional culture reaffirm that human dignity, as the “Wu” of the right to development, is a shared value of humanity. The “Shi” of the right to development involves understanding its essence and necessity within the international community, national and sub-national societies, and individuals, as well as effectively implementing the right to development. People are the most crucial element in this process, as society, states, and the international community rely on their presence.Rights require specific content for the effective implementation. The successful realization of the right to development depends on defining its content or “Shi”. The New Haven School of Jurisprudence’s analysis of human dignity aids in determining the content of the right to development. The concept of human dignity under the United Nations Charter and the values of good faith, tolerance, selflessness, respect for justice, and personal responsibility in Chinese traditional culture can be incorporated into the content or “Wu” of the right to development. Since individuals are the beneficiaries of the right to development, they should also bear related responsibilities and work towards completing the “Wu” and “Shi” (implementation conditions) of the right to development.In summary, the “Yi Ziran” legal analysis method advocates the integration of various thoughts, concepts, standards, methods, and approaches involved in Chinese traditional culture into the right to development. This approach ensures that the right to development is implemented in accordance with the principles of “Dao”, promoting the human dignity and world peace as envisioned by the United Nations Charter for the benefit of all humankind.
		2024 Vol. 54 (7): 5-26 [Abstract] ( 13 ) [HTML 1KB] [PDF 1028KB] ( 76 )

	44	Yao Mingming

		The Pattern and Mechanism of Party Building for Non-public Enterprises to Promote Common Prosperity ^Hot!
		This article starts from how institutional foundation and specific practices of Party building lead non-public enterprises to promote common prosperity. Based on the “legitimacy motives and endogenous motives” of establishing Party organizations in non-public enterprises and the “development prerequisites and core of sharing” to achieve common prosperity, the pattern of how Party building leads non-public enterprises to promote common prosperity is divided into market efficiency, market novelty, institutional efficiency, and institutional novelty from the perspective of driving entities of Party building and the results-oriented approach to common prosperity. Investigating the mechanism of how Party building leads non-public enterprises to promote common prosperity is conducive to the transformation from macro goals to micro actions, providing a clear direction for the substantial role of Party building in non-public enterprises and offering action plans for non-public enterprises to promote common prosperity. Firstly, Party organizations in non-public enterprises continuously innovate in governance integration, organizational alliances, and responsibility fulfillment, which will be transformed into the substantive roles of enterprise development. Secondly, Party organizations in non-public enterprises achieve the leadership effectiveness of Party building by constructing paradigm identity, optimizing enterprise networks, and acquiring resource capabilities, promoting enterprise growth while enabling participation in inclusive development and sharing interests with more stakeholders. Lastly, the leadership effectiveness of Party building in non-public enterprises serves as a driving force in various development agendas for common prosperity, including promoting high-quality economic development, facilitating regional coordinated development, and realizing social harmony and development.The significance of this article lies in enhancing the theoretical research on Party organizations and the theoretical connotation of Party building in non-public enterprises at the theoretical level, and enriching the research on common prosperity from the perspectives of Party building and non-public enterprises. At the practical level, it provides practical guidance for further promoting the comprehensive and strict governance of the Party within non-public enterprises and better leveraging the leadership role of Party building in such enterprises. Additionally, it offers reference and guidance for concrete practices in promoting common prosperity comprehensively.The innovation of this article primarily lies in three aspects. Firstly, this article addresses the conflict between the Western theoretical notion of “maximizing shareholder interests in enterprises” and the active involvement of non-public enterprises in the practice of promoting common prosperity. It introduces a pattern on how Party building leads non-public own enterprises to promote common prosperity based on the driving entities of Party building and the results-oriented approach to common prosperity, providing new ideas and evidence for enhancing Party building in non-public enterprises under the context of comprehensive and strict governance of the Party. Secondly, non-public enterprises have made significant contributions to creating more wealth and increasing social affluence, thereby becoming vital forces in promoting common prosperity. This article innovatively combines institutional analysis with practical review to clarify how the institutional foundation and specific practices of Party building lead non-public enterprises to promote common prosperity. Thirdly, it elucidates the previously opaque mechanism by which Party building leads non-public enterprises to promote common prosperity, suggesting that Party building is the driving force for non-public enterprises to participate in common prosperity initiatives. By enriching research on common prosperity from the perspective of Party building, this article provides a methodological pathway for Party organizations to play a substantive role in non-public enterprises.
		2024 Vol. 54 (7): 44-54 [Abstract] ( 14 ) [HTML 1KB] [PDF 1059KB] ( 71 )

	85	Zhang Wei, Wang Haizhu

		Thick Translation and Academic Circulation of Discourse on Chinese Traditional Literary Theories: A Case Study of Stephen Owen’s English Translation of Wen Fu ^Hot!
		Chinese traditional literary theories constitute a key part of international communication of Chinese discourse. To foster a more robust international communication in the field, it is necessary for Chinese traditional literary theories to engage in equal dialogues with Western literary theories while acknowledging their Chinese heterogeneity. “Thick translation” offers an effective venue to equal dialogues between Chinese and Western literary theories. To begin with, as an academic translation strategy realized by means of “literal translation plus notes of various description,” “thick translation” is distinguished by thicker contextualization, which requires a genuinely informed respect for the source text and cultural diversity. Secondly, its philological and universalist particularities require the translator to create a contact zone where the target text and the source text interact with each other, so as to help the target reader fully understand and truly respect the source text and source culture. Thirdly, its ultimate purpose is to enable the coexistence and communication of source culture and target culture.This article first revisits “thick translation” for its philological and universalist particularities, and then analyzes its applicability to the English translation of Chinese traditional literary theories. Based upon this, this study highlights Stephen Owen’s thick translation of Wen Fu in terms of its textual features, ethical principles and academic circulation, in an attempt to give valuable insights into international communication and recognition of Chinese traditional literary theories in the world. It can be argued that by means of “translation plus commentary” and “literal translation plus notes”, Stephen Owen’s thick translation of Wen Fu permits the English reader to see how the Chinese theoretical text works and how Chinese and Western literary theories interact with and shed light on each other, thereby possessing great academic, pedagogical and cultural significance in its own right. It can consequently be claimed that in the course of ensuring equal dialogues between Chinese and Western literary theories on the basis of unity in diversity, “thick translation” makes an effective academic approach to the international communication of Chinese traditional literary theories by emphasizing balanced and reciprocal academic relationships.The significance of the present research can be summarized in the following three aspects (1) it intensifies theoretical interpretation of “thick translation” by probing into its philological and universalist particularities, hence expanding theorizing power in translation studies with sharper interdisciplinary nature; (2) it expands research on Wen Fu and even Chinese traditional literary theories by using the methods of close reading, contextual analysis and communication effect review, thus informing further research on translation and international communication of Chinese literary theories and literature; (3) it helps to advance the national project of “Chinese Culture Going Global” by advocating “thick translation” as an effective strategic and tactic method introducing Chinese traditional literary theories to the world, hopefully erecting a shared community of culture for all human beings.
		2024 Vol. 54 (7): 85-92 [Abstract] ( 15 ) [HTML 1KB] [PDF 690KB] ( 83 )

	93	Shi Jingpeng

		An Exploration of the Commentaries on the Mahāparinirvā?a-sūtra in the Dunhuang Manuscripts from the Northern and Southern Dynasties ^Hot!
		During the Northern and Southern Dynasties, Buddhism developed rapidly, and a large number of Buddhist sutras and treatises were translated. While participating in the translation and learning these texts, Chinese Buddhist scholars wrote a large number of commentaries on Buddhist sutras and treatises, began to think independently, presenting a new landscape of the development of Buddhism in China.There are at least 53 commentaries on the Mahāparinirvā?a-sūtra (hereafter MPNS) in the Northern and Southern Dynasties preserved in Dunhuang manuscripts, which are basically Buddhist texts unavailable in the Tripi?aka. They are: Shanghai Library no. 064, no. 2764B in Taishō Shinshū Daizōkyō (《大正新修大藏经》), BD00093, BD00260, BD02224, BD02316, BD02276, BD02291,BD05210, BD07889, BD09732, BD10681, BD11459, BD15639, BD15652, P. 2313, P. 2908, P. 3119,P. 3291, P. 3502, S. 00269V, S. 00531, S. 02430V, S. 02722, S. 02735, S. 03742A, S. 03742B, S. 06153,S. 07885, S. 08006, S. 08079, S. 08221A, S. 08221B, S. 08221C, S. 08221D, S. 08221E, S. 08221F,S. 08221G, S. 08221H, S. 08221I, S. 08221J, S. 08241, S. 09436, S. 10704, Canmo ( 残墨) 002,Canmo 005, Canmo 009, kyo-U (杏雨) 430, kyo-U 589-7, kyo-U 725-1, kyo-U 762-1，Shodō (书道)006, Shodō 047.The first two manuscripts will not be discussed in this paper. The collation of the remaining 51commentaries on the MPNS may have made sporadic progress, but most of them have not attracted the attention of the academic field at all. Their basic information, combined conditions, textual features and characteristics need to be systematically elucidated and studied. These manuscripts, with a total of 7,886lines and more than 200,000 words, covers all the chapters in the MPNS except for the chapters of “On the questions raised by the crowd” (大众所问品) and “On actual illness” (现病品). These texts are large in size, and their specific contents include the preface to the MPNS, the explanation of the text and the discussion of the doctrines. Their contents are rich, which is a powerful supplement to the Tripi?akain the Northern and Southern dynasties.After the collation and comparative studies, these 51 manuscripts can be integrated into 23independent commentaries on the MPNS. Through the comparative analysis of these textual forms, it can been found that the southern and northern editions of the MPNS in the Northern and Southern Dynasties became complicated in the specific circulations. Some commentaries followed the chapter structure of the southern edition of the MPNS in the writing, but when referring to the specific words and sentences, they were subject to the contents of the northern edition of the MPNS. The ideological tendency behind them is worth noting. The explanation or discussion style in these commentaries also reflects the development and evolution of yishu (义疏) genre in the early stage of Chinese Buddhism.Most of these manuscripts are basically yishu works, with specific titles such as shu (疏) and yiji (义记).Their explanation styles in the early yishu works share the features of paragraph divisions and clarification of the main ideas of the sutras . Gradually differences began to be demonstrated in shu and yiji. When shu still kept the tradition, yiji began to focus on the interpretation of thematic concepts,which will lead to the emergence of yizhang (义章) genre.In terms of contents, these commentaries preserved a wide range of interpretations, reflecting the active state of communication and development in the field of Buddhist thought at this time. These views can be compared with the Buddhist literature in Tripi?aka, which is helpful for a more comprehensive and in-depth understanding of the different aspects of Buddhist thought in the Northern and Southern Dynasties. In addition, these texts extensively cited various Buddhist sutras and treatises when interpreting the MPNS, such as the Humane King Perfection of Wisdom Sutra (《仁王般若波罗蜜经》), Sutra of the Diadem of the Primary Activities of the Bodhisattvas (《菩萨璎珞本业经》) and Chengshi Lun (《成实论》), which further promoted the development of Nirvana Studies in the Northern and Southern Dynasties. Therefore, the comparative studies with the commentaries on the other sutras and treatises should be an important direction of Buddhist studies in the Northern and Southern Dynasties in the future.
		2024 Vol. 54 (7): 93-105 [Abstract] ( 16 ) [HTML 1KB] [PDF 997KB] ( 61 )

	136	Liu Zhanzhao

		The Song Version Features and Academic Values of the Wusilan Manuscript Version of Shitong in Ming Dynasty ^Hot!
		No Song version of Shitong has been handed down to the present world, but there are several well-known materials related to it. One is Zhang Zhixiang’s engraved copy in the Ming Dynasty, which was basically printed and engraved according to Qin Zhonghan’s private home collection of Song version in Liangxi, but the problem is that the textual pattern of the Song version has been changed a lot. The other important one is Lu Wenchao’s book named Shitong Jiaozheng in the Qing Dynasty. He made 748 entries of collations, which was totally based on the reprinted version of the Song Dynasty by Mr. Zhu in Huating. In spite of this, the two above-mentioned materials cannot fully show the general features of the Song version. Furthermore, there are serious errors in the engraved versions of the Ming and Qing Dynasties, which differ from the original version and thus many academic disputes have emerged.Taiwan collection of the Wusilan manuscript version is the one that is closest to the original Song version and also closest to the original features of Shitong. The reasons are as follows: firstly, the author’s signature is Liu (surname only), which is a very popular way of signature in the works of commentary on Confucian classics in the Han and Tang dynasties, demonstrating Liu Zhiji’s humble attitude of academic research and his ideal of developing unique theoretical system or thoughts. Secondly, the preface, the table of the contents and the text of the first five chapters were copied continuously, which was a popular binding pattern legacy in the Tang Dynasty. Thirdly, more than 400 different characters which existed before the Tang and Song dynasties were preserved in this version, and in turn can confirm Liu Zhiji’s original intention of avoiding the Tang taboos. Fourthly, the Wusilan version tried to avoid using the Song taboos , such as Yin (胤), Jing (镜), Wu (戌), Yin (殷), Jing (竟), Jing (敬), Heng (恒), Huan (桓), Gou (构), etc, but not avoiding the Emperor Xiaozong’s taboo, so the time of this version should be Emperor Gaozong’s period in the Southern Song Dynasty. Wusilan version did not avoid the taboo of the Ming and Qing emperors, as the taboos were loose in the Ming Dynasty and were strictly avoided in the Qing Dynasty, therefore Hong Ye’s conclusion that it was a Ming version tends to be correct and credible. The Wusilan version is helpful to sort out the confusions and differences of later literature from the source, which is worthy of the further study.He Zhuo’s collation during the Qing Dynasty was quite influential, and his criticism of Shitong has not been included in his Yimen Reading Notes. He Zhuo collated the original edition, which was engraved by Zhang Zhixiang. He corrected the errors of the text either based on the version of Guo Kongyan, or on the historical original text, or on the context. Most of its 350 collations are the same as those of the Wusilan manuscript version (23 items are different). When it is copied and written according to the Song version, its purpose is not to correct the text errors, but to faithfully preserve the original features of the Song version. This is another important material related to the Song version. But the predecessors did not understand He Zhuo’s collation style and confused his collation with other collation records.Pu Qilong’s Shitong Tongshi is the most widely circulated and influential version, and other scholars in the Qing Dynasty believe that he might have referred to the Song version, which can be regarded as the final version. But in fact, Pu Qilong modified the texts a lot, which mainly showed that he neither knew the style of ancient books, the author’s writing, as well as the habit of quoting ancient books, nor did he know the idioms of annotating ancient books. He also made improper revisions and deletions according to the Confucian classics, which had influenced Ji Yun’s Shitong Xuefan. What’s more, he followed the method of writing parallel prose to beautify the text, deleting or merging the old notes to rectify the text, which had violated Liu Zhiji’s original intention and the academic norms of editing the ancient books, resulting in the missing of a large amount of important academic information. Therefore, the Wusilan manuscript version may provide a reliable version for correcting such errors.
		2024 Vol. 54 (7): 136-146 [Abstract] ( 11 ) [HTML 1KB] [PDF 17200KB] ( 74 )

	147	Wang Jiegui

		A Study on the Systematic Optimization of Village-level Power Supervision Mechanism: Based on the Research Path of Theoretical Basis, Policy Basis and Practical Analysis ^Hot!
		The systematic dilemma of village-level power supervision mechanism leads to the lack of effectiveness of village-level power supervision, and the existing studies of village-level power supervision mechanism have limitations such as unclear definition of core concepts, unclear theoretical basis, insufficient policy basis and lack of systematic practical analysis. Given the systematic dilemma and theoretical research limitations of the village-level power supervision mechanism, it is of theoretical and practical significance to follow the research path of concept definition， theoretical basis， policy basis， system dilemma， systematic optimization path and explore the systematic optimization path of the village-level power supervision mechanism. Theoretically, it can break through the limitations of the research of the village-level power supervision mechanism, and in practice, it can provide the theoretical basis, policy basis and optimization path for the improvement of the village-level power supervision mechanism.Village-level power is the decisive force in the administrative domain of the village for democratic elections, democratic consultations, democratic decision-making, democratic management and democratic supervisions. The village-level power supervision mechanism is an organic system to realize the effective operations of village-level power supervision, including the three core elements of village-level power supervision relationship, mechanism operation mode and the supporting institutions of mechanism operation.The practice of the power supervision theory in the primary level of rural areas can promote the theoretical innovations of the village-level power supervision mechanism. Marxist power supervision theory can promote the innovations of the village-level power supervision theory. Democratic supervision theory can promote the innovation of village-level democratic supervision theory. Social power theory can promote the innovation of village-level multi-subject power supervision theory. The theory of institutional change can promote the theoretical innovation of village-level power supervision mechanism optimization.For more than 20 years, the village-level power supervision policy of China’s “No. 1 Central Document” has evolved along the path of standardizing supervision behavior, innovating supervision institution arrangements, innovating supervision mechanism and improving the efficiency of supervision mechanism. The construction of village-level power supervision mechanism is the inevitable result of village-level power supervision policy evolution and policy practice; the village-level power supervision mechanism has gone through three stages—village-level democratic supervision mechanism, village affairs’ supervision mechanism and the diversification of village-level power supervision mechanism; the optimization of village-level power supervision mechanism can promote the improvement in supervision efficiency. Village-level power supervision policy provides a policy basis for the systematic optimization of village-level power supervision mechanism.The village-level power supervision mechanism has systematic difficulties. First, there are insufficient stability, complexity and imbalance. Second, the operation mode of village-level power supervision mechanism has four problems: weak power supervision mode, inefficient legal supervision mode, weak moral supervision mode and poor right supervision mode. Third, the village-level power supervision mechanism operation supporting institution is not sound.The systematic optimization path of the village-level power supervision mechanism is as follows: first, clarify the subject and object of the village-level power supervision, clarify the relationship of the village-level power supervision, and enhance the autonomy and independence of the supervision power; second, the village-level power supervision mechanism should promote the optimization of the power supervision mode, legal supervision mode, moral supervision mode and right supervision mode； third, the key to improving the supporting system of the village-level power supervision mechanism is to realize the effective supply, efficient operation and efficiency improvement of the institutions.
		2024 Vol. 54 (7): 147-160 [Abstract] ( 20 ) [HTML 1KB] [PDF 657KB] ( 83 )

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