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    30 January 2006, Volume 38 Issue 1 Previous Issue    Next Issue
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    Machiavelli's Republican Concept of Liberty
    Shao-peng LU
    2006, 38 (1):  2-7. 
    Abstract ( 2110 )   HTML ( 16 )   Save

    Machiavelli is often considered as a mentor of the evil.In fact, the core of his thought is "liberty", and his ultimate goal to found a republic.He draws on resources about classical republican liberty in a critical way.Creatively, he expounds on internal relations among liberty, regime, virtue, law, customs and religion mainly from two aspects of free state and citizen's virtue.

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    The "Liberal" Liberty and the "Republican"Liberty——The Intellectual Conflict in Scottish Enlightenment
    Bao-wei ZHOU
    2006, 38 (1):  8-14, 53. 
    Abstract ( 2219 )   HTML ( 12 )   Save

    This paper makes an analysis of differences and divergences between Hume's and Fugerson's idea of liberty in the background of Scottish Enlightenment.The former belonged to the tradition of liberal negative liberty, while the latter was located in the tradition of republican positive liberty.Because of the dichotomy oftwo such concepts of liberty, tensions and oppositions were generated between rule of law and rule of virtue, between public sphere and private sphere, between harmony and conflict, and between institution and spirity.

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    From Political Liberty to Social Liberty——An Essay on J.S.Mill's Liberal Thought
    Hong-tu LI
    2006, 38 (1):  15-21. 
    Abstract ( 2177 )   HTML ( 32 )   Save

    John Stuart Mill was one of the founding thinkers of modern liberalism.Unlike those former liberals, Mill did not regard liberty as a political principle but rather a social principle, telling us that social tyranny was worse than political oppression.As a result, he granted a fresh meaning to liberty, and defined it as a legitimate use of social power, whose aim was to protect individual rights from any intervention by society and defend individuality and social diversity.Through his appeal to individual freedom, Mill transformed political liberty into social liberty.

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    Realizing Freedom in Society——On T.H.Green's Theory of Freedom
    Zhen-jun DENG
    2006, 38 (1):  22-27. 
    Abstract ( 2089 )   HTML ( 12 )   Save

    Thomas Hill Green insists that freedom is not a possession of an atomic individual, but a social agent's power to contribute towards self-realization and social common goodness.It can only be fulfilled through mutual influences between society and individual.On the one hand, society should and is able to promote individual freedom and social common goodness.On the other hand, individual should and is able to take part in the construction of social institutions.The individual value is still the ultimate value criterion of freedom.In his coordination of the relationship between social and individual, Green combines freedom with democracy and transforms the theory of negative freedom years before into positive, thus advancing the development of liberalism, which is helpful for us to reconsider the relationship between negative freedom and positive freedom.

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    Liberty: Positive or Negative?——A Study on Fromm's and Berlin's Different Views of Liberty
    Wen-qing KONG
    2006, 38 (1):  28-33. 
    Abstract ( 2211 )   HTML ( 41 )   Save

    In his book of Four Essays on Liberty, Isaiah Berlin proposed two concepts of liberty, holding that the positive freedom put forward by Erich Fromm would lead to the opposite of freedom.Berlin's such a view is still open to discussion.Fromm's positive freedom in radical humanitarianism lays a stress upon man's self-fulfillment while negative freedom is regarded as a requisite condition to the realization of positive freedom.Moreover, his analysis of escaping from freedom proves wrong Berlin's belief that negative liberty could not be transformed into its reversal.

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    P.B.Struve's Central Idea of Liberalism
    Jian-hua ZHANG
    2006, 38 (1):  34-40. 
    Abstract ( 2175 )   HTML ( 6 )   Save

    P.B.Struve was a leading figure of the early twentieth-century Russian liberal trend and political campaigns.His idea of state, "great Russia", was a distinct program of the national rejuvenation based on conservative liberalism, and represented his inherited and innovative thought of the individual, nation, state and history.He called for a dependence on the national hitorico-cultural tradition and on creative activities of all patriotic forces to establish a new national institution so as to attract the people, especially the intellectual class, to be engaged in national affairs, put an end to the divorce of the state power from socio-cultural elements and the people, and guarantee citizen's rights and performance of political right and constitution, thus advancing Russia to be economically powerful and politically free and naintaining the national traditions and values."Great Russia"was a central idea in Struve's liberalism.It was an important statement put forward for Russian intellectual contemporaries as well an important subject matter in the twentieth century Russian intellectual and cultural history.

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    The "People-centered" Idea and Traditional Western Humanism
    Yi-shi ZHENG
    2006, 38 (1):  41-45. 
    Abstract ( 1947 )   HTML ( 5 )   Save

    As a human civilized fruit, humanism has a long historical source, and its value pursuit is characterized by a certain degree of universality.In a sense the "people-centered"idea of scientific perspectives on development is a spiral return to traditional humanism; it is an inheritance, as well as a sublation, of the traditional Western humanist thought.Such an idea, mixing the epochal spirit and value pursuit into the humanist thought, indicates a correction against the deviation of value orientation in the course of our country's social development, and also a Chinese Communist innovation in theory and a practical direction in future.

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    A Study on the Third Type of Rule of Law
    Yi-ming CUI
    2006, 38 (1):  46-53. 
    Abstract ( 1964 )   HTML ( 5 )   Save

    There have been three types of rule of law in human history.The first is called"rule by law", which means managing state affairs only by using the law.The second is called"rule of law", which means managing state affairs according to the law.The law is just a basis of administration.In addition, the second has two subtypes.One is based on power, and the other on rights.This kind of rule of law, that is, on rights, means ruling through the law that grants, respects and safeguards rights.The right implies autonomy and freedom.

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    A Causal Study on the Lack of Constitutionalism in Modern Chinese Constitutions
    Wei XIE
    2006, 38 (1):  54-58, 65. 
    Abstract ( 2057 )   HTML ( 5 )   Save

    Constitutionalism is an important concept in the developmental history of politics and jurisprudence.Logically, it is based on a constitution.Its realization is possible only when the value orientation of the constitution is in accordance with the spirit of constitutionalism, that is, limiting state power and guaranteeing citizen's rights.However, there was a general deviation of Chinese constitutions from the spirit of constitutionalism before 1949, and they had become tools to save the nation from doom and ensure its survival and to legalize warlords' dictatorship.It is significant for improving our socialist democracy and fulfilling the ideal of constitutionalism to reflect the causality of the lack of constitutionalism in modern Chinese constitutions.

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    How to Identify Legal Effectiveness of Some Taiwan's Businessmen's Dormant Investment in Mainland——A Case Study of Shanghai
    Yu-bin SHI, Yan-qiong MAO
    2006, 38 (1):  59-65. 
    Abstract ( 1996 )   HTML ( 5 )   Save

    It has become an attractive scene that Taiwan's businessmen come to Mainland, making investment or doing business.However, law disputes, among others, the dormant investment dispute related to Taiwan's businessment are increasing rapidly.Due to the lack of legislation and insuffcient legal researches, how to identify the legal effect of dormant investment has remained an outstanding and difficult judicial problem.This paper makes an analysis of the definition, features and causes of existing dormant investment, explores some shortcomings in the nineteenth regulation of the Supreme Court's draft on regulations of trying cases about company disputes, and puts forward some principles and ways to identify legal effectiveness of Taiwan's businessmen's dormant investment in Shanghai.

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    A Tentative Study on Unfavorably Modified Decisions in the Administrative Reconsideration
    Xue-shi LENG
    2006, 38 (1):  66-69. 
    Abstract ( 1819 )   HTML ( 4 )   Save

    The administrative reconsideration is an important institution by which a relative party may obtain aid, and in it there is no principle of forbidding an unfavorably modified decision in our country.This paper makes a compartative study on foreign institutions of administrative reconsideration, and also a survey of the legislative orientation and theoretical pattern on the law of administrative reconsideration, thus exploring the reason why an unfavorable modification still exists in our administrative reconsideration and its existing way in the current situation.

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    About the Abridged Translation of Joan Haste
    Qing-hui SHEN
    2006, 38 (1):  70-73. 
    Abstract ( 2590 )   HTML ( 9 )   Save

    With the publication of the complete translation of Joan Haste, the then literary circles made a great noise and even had disputes on its factual identifications and evaluations.The controversy focused on what on earth were deleted and whether the deletion was deliberate in Yang Zilin & Bao Tianxiao's half-done translation of Joan Haste, compared with Lin Shu's complete translation version.Also, this is an important issue about how to make an objective appreciation of such two translations.For years researchers have failed to pay great attention to Yang and Bao's version, thus leading to increasingly distorted understandings.

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    An Analysis of The Injustice to Dou E from the Actantial Model of Narratology——A Brief Comment on Mr.Su Li's View of "the Case of Injustice"
    Fu-liang YAN
    2006, 38 (1):  74-78. 
    Abstract ( 2542 )   HTML ( 15 )   Save

    According to the actantial model of narratology, the chief enemy of all kinds of factors which caused Dou E's tragedy was Tao Wu, prefecture chief of Chuzhou, who condemned death to Dou E.By stating Tao Wu's word that"One should pay for one's suit"instead of his act of accepting money, and by narrating Tao Wu's story of his partiality for Zhang Lv'er during a trial, The Injustice to Dou E typically employed a basic method of stereotype in facial makeup to present its ideological orientation.Therefore, it is not true to the work to argue that Tao Wu was an "honest and incorruptible but mediocre"government official, and that the primary reason of Dou E's wrong death was"the technical limitation of collecting evidence"or "the judge's limited knowledge".

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    From The Poems for Imperial Reading to Observe the Vogue of Poetic Writing during the Reign of Yuanhe
    Chong-hua GAO
    2006, 38 (1):  79-84. 
    Abstract ( 2206 )   HTML ( 5 )   Save

    The Poems for Imperial Reading is a rarely extant collection of the Tang writings. Its complier was Linghu Chu who had a considerable station and influence in political and literary circles during the turn of middle and late periods of the Tang Dynasty. He was commissioned to complile The Poems, shich should have a special position and value in the history of literature. Starting from an analysis of its selections of poetic genres, poets and poems, this paper makes a relatively exact orientation and interpretation of the style of those poems. What the collection advocated was not a heedless and empty mood pervaded during the reign of Dali, though it embraced largely works written by the poets living in reigns of Dali and Zhenyuan. Its pursuit, as a special and significant case, showed the vogue of poetic writing during the reign of Yuanhe.

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    The First Anti-war Sign in the Modern Japanese Literary Idol——On Reading Akutagawa Ryunosuke's Novel, The General
    Xiao-guang LU
    2006, 38 (1):  85-88. 
    Abstract ( 2526 )   HTML ( 15 )   Save

    Akutagawa Ryunosuke's novel, The General, the first of his anti-war series in his late years, was an elaborated description of Japanese troops' suicide squads and their blindness, rare option and madness, in contrast with the anti-Japanese Chinese people with noble minds who were calm and unyielding in defense of justice, and even faced death unflinchingly.All this was uttered at the time when Japanese militarism was still growing and at the center of Japan's native land, by the Japanese novelist Akutagawa Ryunosuke.His anti-war awareness was opposed to Fukuzawa Yukichi's thought of singing praises of war.Judging from this novel alone, Akutagawa Ryunosuke can be regarded as a keen-sighted, sincere, anti-militarist idol writer in modern Japanese literature.

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    Macbeth, as a Political Tragedy
    Chao-qun LIANG, E ZHANG
    2006, 38 (1):  89-93. 
    Abstract ( 2356 )   HTML ( 24 )   Save

    Shakespeare was close to the political arena of his time, and his political awareness and conscience played an important role in his playwriting.Compared with Hamlet and his other tragedies, Macbeth is a more thorough and detailed treatment of the "political heart"of the hero as a "political animal".Most Shakespearean scholars have not duly appreciated Macbeth's identity as a political tragedy for the important reason, among many others, that they have unknowingly equated political struggle with the everlasting war between good and evil.Macbeth suggests some major subversive messages against feudal politics that can be characterized with blood and hypocrisy.Its unique discourse labeled ambition as evil and thus doomed Macbeth.

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    The Historical Evolution and Developmental Tendency of the Financial Statement
    Hua LIN
    2006, 38 (1):  94-99. 
    Abstract ( 2283 )   HTML ( 44 )   Save

    The development of financial statement has experienced more than one hundred years.In early days the balance sheet was the only financial statement.With expansions of social economy and technology the income statement and the cash flow statement, respectively, became the second and third financial statements.And the extensive business reporting language (XBRL) is coming into being, which is employed to display the financial statement on the Internet.

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    A Strategic Consideration of the Turning Point of FDI Results in China
    Run-gui JIN, Hao WANG
    2006, 38 (1):  100-106. 
    Abstract ( 2075 )   HTML ( 3 )   Save

    The real results of introducing foreign direct investment (FDI) into China have been attracting many domestic and foreign scholars' attention for a quite long time.China is always carrying out various favorable policies towards the inflow of FDI.However, the results brought by the FDI inflow are quite complicated; some are positive and some negative, and what is more, they are dynamic.With changes of economic situations and environments, our country's use of FDI has entered into an area of latent inflection points, in which the negative influence of FDI in China is gradually appearing.If there is no adjustment at the right moment, the negative FDI effect may surpass its positive effect.We should take some active measures to promote the positive effect and overcome the negative.

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    A Positive Study on the Causal Relation between Environmental Regulations and Foreign Direct Investment
    Yu-ming WU
    2006, 38 (1):  107-111. 
    Abstract ( 1930 )   HTML ( 188 )   Save

    Taking FDI and discharged investment on controlling waste gas, wastewater and industrial residue as research variables, and using methods of Granger causal test of time series analysis and DF/ADF stationariness test, this paper makes a positive study on causal and fluctuant relations between foreign direct investment and environmental regulations.An analytical result shows that there is a certain causal relation between them.The foreign direct investment is a cause of environmental regulations.The environmental regulations in their first and second lag periods do not influence inflows of FDI; however, in their third lag period there are some influences on the FDI inflow.In a long term there is no similar trend to the FDI movement and the environmental regulation action.Their relations and dynamic trends should not be ignored when the government works out policies for investment and environment.

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    Research on Technology Absorptive Capability through FDI——Based on Proxies of Human Capital Flow
    Bin-sheng ZHANG, Hai-yan TANG
    2006, 38 (1):  112-117. 
    Abstract ( 2110 )   HTML ( 4 )   Save

    By expanding the proxy of human capital, this paper focuses on the relationship between the technology absorptive capability and human capital through FDI.The proxies of human capital include the average schooling, returned oversea students rate, the rate of employed by foreign firms and government expense rate in education.The regressions display there are significant coefficients between the economic growth and the human capital through FDI, especially in returnd oversea students rate and the rate of employed by foreign firms.Therefore, China should pay attention to use the spillovers of FDI, to encourage human capital moves from oversea and foreign firms.

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    The External Effect, Payment Increase and Trade within Industry
    De-sheng YIN
    2006, 38 (1):  118-124. 
    Abstract ( 2114 )   HTML ( 3 )   Save

    Developing countries are always facing a dilemma: to perform their international divisions and trade just in accordance with their initial comparative advantages or their potential comparative advantages.According to the former, developing countries are not bound to obtain trade gains, and according to the latter, those products possessing strong learning effectiveness in the specialized production can gain dynamic trade benefits.Although the model of trade within industry under external effects still depends on elemental endowments, the comparative advantage of a national product is dynamic, since it depends on whether the selected product has a powerful effect of "learning through doing"or not.Under the circumstances of external payment increase and trade within industry, whether the Rybczynski formula and Stolper—Samuelson formula can be proved correct depends on the magnitude of output resilience with the increase of external payment.Meanwhile, gains in trade within industry also depend on the flexible range of external payment increase in both parties' trade industry.

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