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15 January 2024, Volume 56 Issue 1 Previous Issue   
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The Subject Status,Rights,Responsibilities and Obligations of Intelligent Robots
Weiping Sun
2024, 56 (1):  1-8.  doi: 10.16382/j.cnki.1000-5579.2024.01.001
Abstract ( 66 )   HTML ( 16 )   PDF (634KB) ( 50 )  

The rapid growth of intelligent robots in terms of intelligence, especially their autonomous behavior, contains huge uncertainties and risks. It has directly shaken the sole subject status of human beings, and there has been explicit or implicit competition between human beings and intelligent robots in certain fields for subject status, governance and dominance. Intelligent robots may demand new “identities” and claim rights previously reserved for humans. At the same time, they should also assume the responsibilities and obligations that match their “identities” and rights. Facing the revolutionary and subversive new issues such as intelligent robots’ subject status, rights, responsibilities and obligations, we must thoroughly reflect on and clean up the existing positions, theories and methods, and take advantage of the rapid development and rich application scenarios of intelligent technology to seek a substantive solution to the problems through critical and revolutionary theoretical innovation.

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A Deep Inquest into Human Nature Resulting from the Artificial Intelligent Revolution
Sumei Cheng
2024, 56 (1):  9-16.  doi: 10.16382/j.cnki.1000-5579.2024.01.002
Abstract ( 67 )   HTML ( 16 )   PDF (724KB) ( 46 )  

When developed science and technology has affected human behavior in all areas, the development of technology based on ethics and the study of ethics based on technological development become the needs of our times. The autonomy, adaptability and interaction of intelligent machines has brought about great changes in human labor or working, broken through the limits of traditional institutional arrangements and ethical norms, and consequently put forward the question of how to re-understand “freedom”, “labor”, “success” and other concepts related to human nature. Both the technicalization of human body due to the development of gene editing, brain-computer interface and other technologies, and the techicalization of human spirit due to the development of the Internet, Big Data, Metaverse, Wearable Devices and other technologies have raised some practical questions about human nature, for instance, the boundary of human body, spiritual pleasure, self-dignity, self-realization and even the meaning of life. The answer to these questions will be based on a deep inquest into human nature. This opens up the second process of “human beings to become human beings”, and puts forward the requirement of balancing the development of science and technology with human value protection, and balancing the application values of technology with its social responsibilities. This shows that it is urgent to reshape or create a cultural environment conducive to human’s physical and mental growth and the improvement of life meaning in the process of turning to intelligent civilization.

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An Ethical Investigation of “Hiding Rites in Artifacts” in Confucianism and Its Modern Significance
Wei Zhang
2024, 56 (1):  17-23.  doi: 10.16382/j.cnki.1000-5579.2024.01.003
Abstract ( 49 )   HTML ( 10 )   PDF (694KB) ( 32 )  

The concept of “Hiding Rites into artifacts” is essential to Confucian ethics of science and technology, functioning as the basic principle of creation and manufacture of artifacts in ancient China. Under the influence of this concept, “artifacts” become the indicator and reinforcer of “rites”. Indeed, the relationship between “rites” and “artifacts” is bidirectionally constructed. On the one hand, artifacts are materialized rites, so the design and use of artifacts should follow the provisions of rites, and rites are manifested in the artifacts in the materialized form; on the other hand, artifacts react on rites and strengthen them, playing an important role of “non-verbal” moral education. As a resource of ethics of science and technology with unique cultural characteristics of China, the concept of “hiding rites in artifacts” is of great reference value to the construction of Chinese discourse system of ethical governance of science and technology. After creative transformation and innovative development, it will still be instructive for the ethical governance of science and technology today.

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The Studies of A Dream in Red Mansions in the Late Qing Dynasty
Dakang Chen
2024, 56 (1):  24-37.  doi: 10.16382/j.cnki.1000-5579.2024.01.004
Abstract ( 52 )   HTML ( 11 )   PDF (1114KB) ( 54 )  

The invasion of foreign powers in the late Qing Dynasty made the country to face the abyss of decline, various social contradictions tended to become incandescent, and the introduction of Western culture also caused fierce collision and integration. In this context, new changes appeared in the studies of A Dream in Red Mansions. Although there were few traditional studies of A Dream in Red Mansions, the newly emerged newspapers and magazines in modern times contained rich content, diverse forms, and widely spread forms. There were fierce debates about the evaluation of A Dream in Red Mansions. Under the new situation, various novel genres took A Dream in Red Mansions as a creative model, and various continued works of A Dream in Red Mansions had a new feature of being closely integrated with reality.

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Empire’s “Blue Highways”:Space Imagination in Commentary on the Waterways Classic
Xiaofei Tian
2024, 56 (1):  38-56.  doi: 10.16382/j.cnki.1000-5579.2024.01.005
Abstract ( 164 )   HTML ( 15 )   PDF (1233KB) ( 157 )  

To elucidate its meaning and significance, a reconstruction of the textual ecology of Li Daoyuan’s Commentary on the Waterways Classic (Shuijing Zhu) from two angles will be conducive: the first is highlighting the commentarial nature of Li’s work, which draws attention to the constraints faced by the commentator as well as to the creative potential of a commentary relating to the primary text; the second is putting Li’s work in conversation with contemporary southern poetic writings on landscape to illuminate its special mode of space perception and representation. Li constructs an infrastructure of rivers based on an imperial vision. Although the empire was largely imaginary at this historical juncture, the riverine system is a powerful emblem of the medieval Sui and Tang polities, whose great canals supplemented the rivers.

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As People in Troubled Times:A Study of Poems Themed with Wars and Separations in 1644
Wen Zhu
2024, 56 (1):  57-67.  doi: 10.16382/j.cnki.1000-5579.2024.01.006
Abstract ( 29 )   HTML ( 4 )   PDF (1019KB) ( 30 )  

In 1644, a year of Jiashen, there was a turning point in the transformation from the Ming Dynasty to the Qing Dynasty. During this period, the literati created a large number of poems themed with wars and separations in combination with their personal experiences. The horrifying Jiashen Incident brought them a psychological blow in addition to the hardships suffered from wars and separations. As a result, there were great differences between the emotions they expressed in poems before and after the incident. The literati also used poems to record the havoc and chaos during the wars and separations that they witnessed, providing detailed documentation about the change of dynasties absent from official historical records. Moreover, the homesickness that the literati presented in those poems themed with wars and separations could provide a special explanation for their life choices after the dynasty was changed.

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The General Name of Modern Chinese Literary Theory:Its Establishment,Evolution and Significance
Fa Zhang
2024, 56 (1):  68-79.  doi: 10.16382/j.cnki.1000-5579.2024.01.007
Abstract ( 34 )   HTML ( 11 )   PDF (817KB) ( 27 )  

Modern Chinese literary theory (wenlun) has undergone three general evolvements as far as its general name is concerned: “introduction to literature” (wenxue gailun) in the Republic of China, “theory of literature and art” (wenyi xue) in the early period of the People’s Republic of China, and “literature theory” (wenxue lilun) after the reform and opening up. Mainly coming from the literary criticism in the English world, the introduction to literature in the period of Republic of China had three different models, that is, the model of English literary theory, the model of ancient China and the model of Soviet Russian literary theory. Although the term was translated from German “literary science” before 1949, theory of literature and art in the early period of the People’s Republic of China mainly came from the Soviet Union’s literary science. After the founding of the People’s Republic of China, the theory of literature and art evolved in three stages: the Soviet model in the 1950s, the transformation of Chinese content in the early 1960s, and the intellectual innovation with the times after the reform and opening up. However, after the reform and opening up, “literary theory” arose in the interaction with English literary, competing with “theory of literature and art” and “introduction to literature” at the same time. With 2010 as the mark, literary theory as the general name has basically gained consensus, and its significance should be understood not only from the evolution of Chinese literary theory itself, but also from the interaction between Chinese literary theory and world literary theory.

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The Law Guarantee for China’s Coordinated Regional Development and Market Unification
Shouwen Zhang
2024, 56 (1):  80-90.  doi: 10.16382/j.cnki.1000-5579.2024.01.008
Abstract ( 26 )   HTML ( 7 )   PDF (756KB) ( 20 )  

It is crucial to the achievement of the Chinese-style modernization to systematically solve the problem of coordinated regional development and market unification and strengthen the corresponding law guarantee. It is necessary to analyze and solve those issues within the theoretical framework of “region-market-law”. This paper takes China’s Northeast Region as an example. Considering its significant role and existing development challenges, the market-based reforms should be further promoted, and its regional development and regional market construction should be organically integrated, which will in turn promote the nationwide coordinated regional development and unified large market construction. In view of the existing problems of the rule of law in the aforementioned areas, it is essential to specify the focus for optimizing institutions, strengthen the effective coordination between economic policies and economic rule of law, and then enhance the mutual promotion between coordinated regional development and market unification in the legal track, which is conducive to promoting the construction of a modernized economic system and the overall modernization of the country continuously, and deepening the theoretical research in various fields including regional economics, economic law, and development law.

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The Nature and Application of Civil Public Interest Litigation in the Anti-monopoly Law
Haitao Jiao
2024, 56 (1):  91-100.  doi: 10.16382/j.cnki.1000-5579.2024.01.009
Abstract ( 43 )   HTML ( 7 )   PDF (581KB) ( 34 )  

The introduction of civil public interest litigation in the Anti-Monopoly Law is conducive to safeguarding public interest, promoting the full implementation of the Anti-Monopoly Law and making up for the shortcomings of anti-monopoly private litigation. Clarifying the nature of such litigation is the basis for discussing how to apply antitrust civil public interest litigation, and also the starting point for dealing with its relationship with relevant systems. Fundamentally different from ordinary damage compensation litigation, civil public interest litigation in the Anti-Monopoly Law, similar in nature to law enforcement, is an important supplement to law enforcement. This means that the procuratorate should carefully identify the conditions for prosecution of “harming public interest”, and determine the litigation claims based on the purpose of ending illegal acts and restoring competition order. It should not consider the compensation for private subjects in public interest litigation. In the handling of cases, anti-monopoly law enforcement has priority, and the procuratorate should mainly file public interest litigation against monopolistic conducts that haven’t been handled by the law enforcement agency. In the process of proceeding, the anti-monopoly law enforcement agency may assist the procuratorate in carrying out various work such as case filing, investigation and litigation. It is reasonable for China’s Anti-Monopoly Law to limit the subject of prosecution of civil public interest litigation to “people’s procuratorates at or above the districted city level”. Consumer associations should not be given the qualification to sue because they do not have sufficient capacity to deal with monopoly issues, but they can bring consumer public interest litigation on certain monopolistic practices.

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Local Experiments in Legal Governance of the New Economy
Liyue Duan
2024, 56 (1):  101-112.  doi: 10.16382/j.cnki.1000-5579.2024.01.010
Abstract ( 37 )   HTML ( 6 )   PDF (731KB) ( 27 )  

The new economy brings about the change of legal structure and the adjustment of rights relations, and does not necessarily reduce transaction costs and alleviate information asymmetry. The innovative development of the new economy requires new legal regulations. Taking the legal regulation of the sharing economy as an example, this paper finds that the current regulation has not achieved the expected institutional effect, and the model of industrial development, the identification of legal problems, the proposal of regulatory schemes, and the shaping of regulatory capacity will all affect the regulatory effect of the new economy. Based on the central-local relationship and local competition in China, we can adopt the governance path of local experiment in the field of new economic governance. Local experiments are not only limited to local legislation, but also can generate legal rules through individual cases in the judgment of new economic cases. The potential drawbacks of local experiments can be corrected by the policy guidance of unified market construction, the institutional constraints of fair competition review, and the scope limitation of new economic governance tools.

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The Theoretical Innovation of Development Law for Chinese-style Modernization
Dong Zhang
2024, 56 (1):  113-128.  doi: 10.16382/j.cnki.1000-5579.2024.01.011
Abstract ( 36 )   HTML ( 12 )   PDF (882KB) ( 31 )  

The new discipline of development law, which aims to solve the development problem and promote the overall development, is highly coupled with the development strategies of Chinese-style modernization, and then provide a new perspective for the study of Chinese-style modernization. A two-way interaction exists between the new development strategy of Chinese-style modernization and the theoretical innovation of development law. On the one hand, the new development strategies of Chinese-style modernization construct the new background of development law, and require further innovation of the theory of systematism-based development law; on the other hand, the progressive innovations of the theory of systematism-based development law in the three dimensions of methodology, institutional system and theoretical system are conducive to promoting and guaranteeing the realization of Chinese-style modernization. Specifically, in terms of methodological innovation, development law, as a system science, should integrate system theory method and structure-function analysis method to conduct new comprehensive research centered on China’s development problem. This will guide the innovation of institutional system and theoretical system. In terms of institutional system innovation, the theory of systematism-based development law should start from promoting all-round development, innovate an inclusive institutional system that promotes Chinese-style modernization through reasonable allocation of the development rights, obligations and responsibilities. In terms of theoretical system innovation, the theory of systematism-based development law should further innovate in the aspects of genesis theory, ontology, axiology, normative theory, operation theory and category theory, and then construct China’s self-independent knowledge system of legal science in the field of development research, which is conducive to contributing a Chinese approach to the progress of international legal theory and the practice of international mutual development.

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The Impact of Participation in Urban Renewal on Total Factor Productivity of Local State-owned Enterprises
Chuanyong Zhang, Zhen Wang, Yuxia Wei
2024, 56 (1):  129-145.  doi: 10.16382/j.cnki.1000-5579.2024.01.012
Abstract ( 47 )   HTML ( 3 )   PDF (989KB) ( 47 )  

With the shift in China’s urban development model from urban development to urban renewal, it has been more and more important to evaluate the economic and social effects of an urban renewal project. In recent years, local state-owned enterprises have emerged as the main players in urban renewal projects. However, there is no consensus on the impact of such participation on enterprise efficiency. Employing a fixed-effect model and propensity matching scoring method and utilizing micro-transaction data of land plots and data of listed companies, this study is to assess the impact of local state-owned enterprises’ participation in urban renewal on their total factor productivity, as well as to explore the possible impact mechanism. The results show that, compared to non-state-owned enterprises, state-owned enterprises have a higher probability of participating in urban renewal, and such participation leads to a significant improvement in their total factor productivity. The corresponding influencing mechanisms include the compensation effect of local governments and the social responsibility of state-owned enterprises themselves. The findings of this study can serve as a policy basis for effectively promoting urban renewal and enhancing the production efficiency of local state-owned enterprises.

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Digital Economy and Vertical Specialization Division of Labor between Enterprises:Empirical Evidence Based on the Yangtze River Delta
Yan Hu, Mingyu Li, Rui Tang
2024, 56 (1):  146-160.  doi: 10.16382/j.cnki.1000-5579.2024.01.013
Abstract ( 31 )   HTML ( 2 )   PDF (936KB) ( 20 )  

The combination of digital economy and real economy is an important approach to improve the productivity of enterprises, as well as the transformation and upgrading of the national economy. Using data from 41 cities and A-share listed companies in the Yangtze River Delta region from 2011 to 2021, and utilizing the transaction cost theory, this paper examines the impact of the level of digital economy development on the vertical specialization of enterprises. The results show that: (1) The development of the digital economy significantly increases the vertical specialization of enterprises in the Yangtze River Delta. (2) The heterogeneity analysis shows that digital economy possesses a stronger facilitating effect on the vertical specialization of enterprises for non-state-owned enterprises, manufacturing and high-tech industry firms, and that in the Yangtze River Delta, this effect is more significant in the core areas, areas with high levels of digital economy, and non-resource-based cities. (3) The mechanism analysis shows that digital economy development promotes vertical specialization by reducing the degree of firms’ asset specificity and increasing the level of market integration in the Yangtze River Delta. The above findings not only reveal the mechanism of digital economy development to promote the division of labor between enterprises, but also expand the related research on enterprise boundaries, which can provide insights for the mutual integration of digital economy and real economy to further optimize the industrial structure.

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The Impact of Housing Prices on the Innovation of Small and Micro Enterprises:Evidence from China’s Small and Micro Enterprise Survey
Yidong Wu, Hao Sun, Xianzhu Wang
2024, 56 (1):  161-174.  doi: 10.16382/j.cnki.1000-5579.2024.01.014
Abstract ( 22 )   HTML ( 3 )   PDF (920KB) ( 19 )  

Small and micro enterprises are the micro foundation of the market economy, and their enlargement and strengthening are of great significance to China’s economic development and social stability. By matching China’s Micro and Small Enterprises Survey (CMES) data and provincial housing prices data, this paper analyzes the effect of housing prices on the innovation of small and micro enterprises. The empirical results show that housing prices can significantly promote the research and development (R&D) activities of small and micro enterprises. In addition, there is significant heterogeneity in the impact of housing prices on the R&D of small and micro enterprises in terms of enterprise size and the environment in which they are located, gender of the owner and level of education. The mechanism analysis finds that housing prices enhance the innovation willingness and innovation vitality of small and micro enterprises by alleviating their financing constraints and increasing R&D expenditures. Furthermore, housing prices can significantly promote the independent innovation and R&D activities of small and micro enterprises, and there is an inverted U-shaped relationship between housing prices and the innovation of small and micro enterprises. This study provides micro-level empirical evidence of the relationship between housing prices and the innovation of small and micro enterprises, which helps to objectively understand the impact of housing prices on innovation, and provides references to ensure the healthy development of small and micro enterprises.

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