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15 September 2023, Volume 55 Issue 5 Previous Issue   

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Technology Development and Human Life Guo-rong YANG 2023, 55 (5):  1-5.  doi: 10.16382/j.cnki.1000-5579.2023.05.001 Abstract ( 135 )   HTML ( 25 )   PDF (532KB) ( 108 )   Save The development of AI is of positive significance to human beings. In general, the development of science and technology, including AI, is both a necessary step in the gradual realization of humanity and human freedom, and a prerequisite or condition for approaching this prospect. AI is based on big data. Logically speaking, “big data” means exhausting relevant information. So, under the background of big data, we can grasp all possible aspects of the situation, at least in theory, which provides a premise or condition for a comprehensive grasp of the object, and consequently we may overcome various one-sided views. Another important feature of AI is the ability to process data efficiently, which makes it possible for us to respond to changing phenomena and make accurate judgments and responses in a timely manner. The positive significance of the development of AI is reflected in scientific research, the exploration of humanities, production labor, economic activities, and daily life, and its evolution has positive significance for promoting the progress of human life and tending to a society conforming to human nature. Of course, the development of science and technology can lead to both positive aspects and some negative effects. How to restrain the negative effects that AI may cause and make it develop in a positive way is an issue that we cannot avoid. This involves the issue of value guidance and constraints on the development of science and technology, including AI, and the value principle that man is the purpose provides the basic premise for such guidance. References | Related Articles | Metrics

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The Roles of AI in Productivity Quan-min LI 2023, 55 (5):  6-12.  doi: 10.16382/j.cnki.1000-5579.2023.05.002 Abstract ( 114 )   HTML ( 14 )   PDF (557KB) ( 156 )   Save The breakthrough progress in AI has provided strong new impetus for the development of social productivity. AI can play multiple important and special roles in the productivity. As a component of the primary productivity, AI is becoming a powerful driving force for other scientific and technological research, and so is the “meta-productivity” of the primary productivity. Among the various elements of productivity, AI is not only a labor tool, but also can play the role of workers as AI agents to achieve the shift of productivity. It can be expected that as AI drives the continuous development of productivity, human society will enter a new era that focus on experience. References | Related Articles | Metrics

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An Alternative Philosophical Interpretation Concerning AI Mao-tang DAI, Hong-mei Zhao 2023, 55 (5):  13-24.  doi: 10.16382/j.cnki.1000-5579.2023.05.003 Abstract ( 105 )   HTML ( 11 )   PDF (763KB) ( 147 )   Save As to overcoming the imperfection of human beings, technology is the most direct and useful instrument which can meet the goal, so it is positive in this sense. If AI is treated only as technology, it will be regarded as an instrument which meets some goal, only a machine apparatus with high intelligence and a technological unit at higher and stronger level, which exhibits extraordinary technological advantage. However, logically speaking, the intelligence level of AI is impossible to be higher than that of human beings. Technology is a sword with double blades, with its positivity and negativity. While the technology of AI is “overcoming” the imperfection of human beings, new imperfection of human beings will be lighted, which will harm the dignity of human beings and makes man worry about future. The more AI technology wants to help human beings embrace and win “future”, the more the man will lose some kind of ability and even “the future” when he gets the help. The seed of alienation is hidden in the instrumental nature of technology. The most prominent expression of the negative side of technology in this point is that the technology which is developed by human hands will bring the growing-up of human beings into the fate of self-negation. The AI is the metaphor of the life of Sisyphus: the significance and victory of the life is exhibited by the way of self-negation. References | Related Articles | Metrics

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The Cultural Identity of the Chen Dynasty’s Monarch and the Existence of the Political Tradition of the Southern Dynasties Lei LI 2023, 55 (5):  25-34.  doi: 10.16382/j.cnki.1000-5579.2023.05.004 Abstract ( 97 )   HTML ( 12 )   PDF (903KB) ( 154 )   Save The foundation of the Chen Dynasty together with the rising of the noble aboriginal families in the south, was regarded as a major political and social transformation in the three-hundred period of the Eastern Jin Dynasty and the Southern Dynasties. All the emperors of Chen Dynasty, however, chose to identify with the aristocracy culture. The reason is related to CHEN’s family background. CHEN Ba-xian’s position in the Liang Dynasty was once close to that of an exclusive serviceman or a military household, but he still belonged to the aristocracy class. Emperor Wen in the CHEN family listed himself among the literati and scholars, and designated celebrities in the aristocracy class to accompany his sons day and night to cultivate them with the noble demeanor and cultural self-restraint. The crown prince of Emperor Xuan personally handled the affairs of the Eastern Palace according to the political culture of the aristocracy. As a result, the CHEN family’s identification of the aristocratic culture in the Chen Dynasty evolved from the recognition of manners and knowledge to that of political tradition. This contributes to the fact that the character of the regime of the Chen Dynasty was similar to that of the Jin, Song, Qi and Liang Dynasties and the political tradition of the Southern Dynasties was inherited. References | Related Articles | Metrics

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Burgundy in the Late Middle Ages and the Construction of a French Nation State Ming ZHU 2023, 55 (5):  35-47.  doi: 10.16382/j.cnki.1000-5579.2023.05.005 Abstract ( 92 )   HTML ( 5 )   PDF (786KB) ( 529 )   Save Traditional opinion is that the Hundred Years’ War between England and France in the late Middle Ages consolidated the national consciousness of Western European countries and facilitated the formation of two nation states, i.e., England and France. However, the construction of the Burgundy state indicates that a homogeneous French nation-state was far from being formed during this period, and Valois France did not complete its national construction. The Duchy of Burgundy, located in the eastern part of France, not only gained independence from the Kingdom of France through marriage and expansion, but also strengthened regional national identity through construction of institution and capital city, almost becoming an independent kingdom that included regions such as northern and eastern parts of France and Belgium. The Duke of Burgundy made efforts to expand and integrate his feudal territories, laying the foundation for national construction and leaving behind longue-durée influence. In the late Middle Ages, the territorial states derived from feudal territories facilitated the transformation of urban and regional spaces, reflecting the complexity and diversity of the Western transition from feudal times to the era of modern states. References | Related Articles | Metrics

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Sou Shen Ji and the Narratives of Disasters and Alchemy in “Official History” Qing-hua WANG 2023, 55 (5):  48-56.  doi: 10.16382/j.cnki.1000-5579.2023.05.006 Abstract ( 107 )   HTML ( 5 )   PDF (723KB) ( 185 )   Save By analyzing the similarities, connections, and intertextuality between Sou Shen Ji and related text genres, we can resort the historical and cultural context and grasp the textual ofSou Shen Ji. When Sou Shen Ji was written, it summarized the narrative traditions and writing modes of official history, miscellaneous biographies, works of ancient philosophers, and novels, forming a diversified text nature. Sou Shen Ji and “official history” collected materials from each other, which concentrate in the Record of Five Elements and the Biography of Alchemists, typically reflecting the disaster narratives system and the writing mode of alchemy. It was related to the mainstream ideology of catastrophe theory and the study of mathematics and alchemist activities. With the development of the theory of catastrophe, numerology culture and “official history”, people in the Song Dynasty began to regard Sou Shen Ji as a novel of ghost stories that was separate from political culture. References | Related Articles | Metrics

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A Kind of Art Progressive Literary View of Nature and Spirit：On Mr. LIU Yan-wen’s Diaochong Notes of Poetry Yu-hei CHENG 2023, 55 (5):  57-64.  doi: 10.16382/j.cnki.1000-5579.2023.05.007 Abstract ( 80 )   HTML ( 5 )   PDF (991KB) ( 119 )   Save Diaochong Notes of Poetry is Mr. LIU Yan-wen’s representative work of poetry and prose appreciation. It is an evaluation work that focuses on creation, inheriting and promoting the concept of literature of nature and spirit, with a focus on the discussion of craftsmanship, and emphasizing the perfection of the work’s craftsmanship over originality, which is completely different from the mainstream of classical literature research since modern times. The discussion of the technical gains and losses of specific works in the book reflects LIU’s special insights. Although there is still room for discussion in LIU’s views, in the current era of rapid progress in AIGC, LIU’s meticulous technical research can restore the creative mechanism of traditional Chinese poetry and prose, and be used as an auxiliary technology. It is worth carefully studying and promoting. References | Related Articles | Metrics

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Analysis of the Relationship between International Humanitarian Law and International Human Rights Law in Armed Conflicts Guo-qiang LUO, Jin-lan XU 2023, 55 (5):  65-80.  doi: 10.16382/j.cnki.1000-5579.2023.05.008 Abstract ( 116 )   HTML ( 4 )   PDF (854KB) ( 316 )   Save According to the Pufendorf’s system of Natural Law Theory, international law is a set of absolute natural obligations to others, and state relations are based on a balance between the free exercise of natural rights and the observance of moral obligations. The trade-off between military necessity and humanitarian considerations on the part of parties and combatants in armed conflicts is one manifestation of this. They are not only bound by international humanitarian law, but also rely on natural law to guide their actions. The relationship between international humanitarian law and international human rights law is an important issue when the legal vacuum comes out. The conflict between Russia and Ukraine further reflects the urgency of this issue. In situations of armed conflicts, to choose the hostilities paradigm or the law enforcement paradigm to apply with priority based on a comprehensive consideration of the various elements of the facts is the key to using the principle of “lex specialis derogat legi generali” to distinguish between international humanitarian law and international human rights law. In most cases, there is no real normative conflict between international humanitarian law and international human rights law, and the two can be applied in parallel. Which can become the lex specialis to be applied preferentially, then needs concrete analyses. In addition, the principle of “lex specialis derogat legi generali” can also provide an operational and objective analysis framework for military commanders who need to make values trade-offs and policy choices in practice. According to the above-mentioned theory, China can put forward reasonable proposals from three aspects, i.e., legal compliance, accountability and improvement of norms, in order to deal with the humanitarian crisis and humanitarian consequences brought about by armed conflicts. References | Related Articles | Metrics

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On the Mechanism of Decriminalization of Misdemeanor Cases：Practice，Logic and Path Wen-jun DU 2023, 55 (5):  81-94.  doi: 10.16382/j.cnki.1000-5579.2023.05.009 Abstract ( 164 )   HTML ( 9 )   PDF (784KB) ( 284 )   Save Misdemeanor legislation fundamentally promotes major changes in the criminal structure, and constructing a mechanism of decriminalization for the special attributes of misdemeanors is the core issue to adapting to the modernization of crime governance. It is important to seek legislative solutions to solve problems, but it is even more critical to respect reality and explore existing normative systems. Since the current misdemeanor legislation has been formed, it is necessary to rationally realize that the promotion of the establishment of the mechanism of decriminalization of misdemeanors is supported by firm policy logic, sufficient practical logic, and internal theoretical logic. Therefore, in terms of governance concepts, it is necessary to complete the transformation from positive justice to negative justice, from guilt thinking to not-guilt thinking; in terms of substantive norms, we shall activate the existing normative crime function, and strengthen the role of rules such as saving clause and conviction but Exemption from Punishment causes in the governance of misdemeanors; in terms of procedural settings, we shall take the reform of the existing system as an opportunity to deeply explore the value of independent decriminalization such as discretionary non-prosecution. Figures and Tables | References | Related Articles | Metrics

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The Construction of Property Rights of Digital Achievements of Intangible Culture Heritage An-ling FEI, Yu-xiang QIN 2023, 55 (5):  95-107.  doi: 10.16382/j.cnki.1000-5579.2023.05.010 Abstract ( 75 )   HTML ( 10 )   PDF (881KB) ( 120 )   Save The digital achievements of intangible cultural heritage are related to public interests. Whether it is necessary to adopt the path of private law protection and whether it can be used as the object of property rights needs to be clarified. The “Encoding /Decoding” theory explores the reasons for the protection of digital achievements of intangible cultural heritage by property rights to clarify the legal status of digital achievements of intangible cultural heritage as the object of property rights. On this occasion, it not only coincides with the productive protection of intangible cultural heritage, but also forms an incentive effect for stakeholders. According to the different private benefits carried in the process of generation and dissemination of digital achievements of intangible cultural heritage, the property rights of digital achievements of intangible cultural heritage can be divided into the property rights of creators and the property rights of disseminators. Although the two differ in specific objects, the content of rights is centered on the right of control, utilization and disposal. At the same time, it should be noted that the digitization of intangible cultural heritage is aimed at the protection and inheritance of intangible cultural heritage, and it is also an extension of the use of intangible cultural heritage. The rights of the property rights subject of digital achievements of intangible cultural heritage should be restricted by the owners of intangible cultural heritage, and the protection and inheritance of intangible cultural heritage should be the boundary of rights protection. Thus, the surface tension between the protection of rights and the inheritance of intangible cultural heritage is dispelled. Figures and Tables | References | Related Articles | Metrics

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The Practice Pattern and Function Realization of Internet Courts in Trying Administrative Cases Yi ZHAI, Jie LIU 2023, 55 (5):  108-117.  doi: 10.16382/j.cnki.1000-5579.2023.05.011 Abstract ( 76 )   HTML ( 4 )   PDF (869KB) ( 123 )   Save The establishment of Internet courts is the trend of the Internet era, which is consistent with the major strategic initiatives to build cyber power and legal state. Under the macro background of the current court informatization construction, in order to highlight the core value of Internet courts, we should further strengthen its functional positioning of exploring new rules of judicial governance in the Internet field. Internet courts have explored many new rules in the field of civil litigation, but there are few new rules in the field of administrative litigation. Some Internet-related administrative cases belong to the scope of Internet courts, but the scope of judicial interpretation is limited, and in judicial practice, there are few substantive trial cases, a single type of cases, a high rate of appeal, and inconsistent judgment standards. These factors directly or indirectly affect the effectiveness of Internet courts in exploring the litigation rules of administrative cases involving the Internet. From the perspective of system design and practical operation, we should further expand the scope of administrative cases heard by Internet courts in the future, improve relevant supporting system rules, and give administrative counterparts the right to choose procedures to bridge the possible digital gap between them and administrative organs to further realize the functional positioning of Internet courts. Figures and Tables | References | Related Articles | Metrics

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The Influence of Cultural Equity，Brand-Nation Connection and Perceived Brand Globality on Brand Attitudes Jia-xun HE, Jing-yi HU 2023, 55 (5):  118-133.  doi: 10.16382/j.cnki.1000-5579.2023.05.012 Abstract ( 121 )   HTML ( 6 )   PDF (881KB) ( 186 )   Save In the context of brand globalization and anti-globalization, taking Chinese consumers’ attitudes towards Japanese brands as the research object, we empirically analyze the influence mechanism of cultural equity, brand-nation connection on brand attitudes through the perceived brand globality. The results show that cultural equity have a significant positive impact on consumer brand attitudes through the variable from nation association to brand. In addition, cultural equity also positively affects the perceived brand globality through the variable from brand association to nation, and then influences consumer brand attitudes. The above results theoretically promote the research on the mechanism of brand-nation connection. In practice, it has direct strategic enlightenment for Chinese leading enterprises in how to carry out brand construction under the new “double circular” development pattern, that is, to develop into a strong brand with national status, and further realize brand globalization on this basis. The establishment of national brand status can be achieved by inheriting and developing excellent traditional Chinese culture, making it the cultural equity of the brand, and actively promoting the strength of brand-nation connection. Figures and Tables | References | Related Articles | Metrics

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A New “Brand” Story：On Value Creation Mechanism in the Rapid Internationalization Process of Digital Enterprises Hui XU, Yi SUN, Qi ZHOU, Xin-yu ZHU 2023, 55 (5):  134-153.  doi: 10.16382/j.cnki.1000-5579.2023.05.013 Abstract ( 210 )   HTML ( 9 )   PDF (1419KB) ( 182 )   Save In the process of rapidly expanding into the international market, digital enterprises have shaped competitive advantages in the global market by forming unique value creation methods, narrating a brand-new corporate story. This article focuses on the rapid internationalization process of social digital enterprise “TikTok” and transactional digital enterprise “Shein”, and explores the value creation mechanism of digital enterprises from the perspective of LLL theory. It shows that firstly, connectivity is a key entry point for digital enterprises to quickly expand into international markets, forming a prerequisite for value creation. The differentiation of business attributes determines the goals and types of connectivity. Social digital enterprises are centered around relational connectivity, while transactional digital enterprises are centered around resource connectivity. Secondly, different types of connectivity affect the logic of value creation actions in digital enterprises. Among them, digital enterprises with relational connections as the entry point are based on the “leverage learning” action logic of massive user participation, with a focus on attracting overseas users to interact and participate, forming scalable digital relationships, and shaping a diverse value network; the digital enterprise that takes resource connectivity as the entry point is based on the “learning leverage” action logic of platform model innovation, with a focus on upgrading platform models through experiential learning, which can support the implementation of composite leverage strategies and achieve simple innovation value creation. The theoretical framework ultimately formed in this article can contribute to the theoretical gap caused by insufficient exploration of value creation paths in the rapid internationalization process of digital enterprises in existing literature, and further extend the application scope of LLL theory. Figures and Tables | References | Related Articles | Metrics

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Exploring the Internationalization Path of Chinese “Specialized，Special New” Manufacturing Firms：A Multi-Case Study Based on Ansoff Matrix Si-qing PENG, Yuan GAO, Rui WANG 2023, 55 (5):  154-169.  doi: 10.16382/j.cnki.1000-5579.2023.05.014 Abstract ( 132 )   HTML ( 9 )   PDF (996KB) ( 112 )   Save Internationalization is an important driving force for the ongoing expansion of “Specialized, Special New” firms. Based on case studies of Uniview, Jinzhou, and SinoHyTec, we discover that industry maturity level, differences in domestic and international demand, and firm-specific technological capabilities all influence initial path choices for internationalization, as explained by the combination of the contingency theory and Ansoff matrix. When the industry is mature, the disparities between domestic and international demand are modest, and the firm has a technological advantage, the firm prioritizes accessing international new markets with current goods, following the “market development” path. When the industry is mature, the differences in domestic and international demands are significant, and the firm is well endowed with technology but mismatched with international market demand, it needs to develop new products before going international, adopting the “product development” path. When the firm operates in an emerging industry with untapped domestic and international demands and needs to leverage global knowledge and resources to establish technological capabilities, a global R&D network becomes paramount, and the “technology cooperation” path should be adopted. As internationalization progresses, contingency factors may change, and internationalization paths will be dynamically modified. Figures and Tables | References | Related Articles | Metrics