Contents & Abstracts

On the Historic Scene of Chinas Route to Peaceful Development

Cao Yongxin

(3)

Abstract: Chinas route to peaceful development is decided by an inherent unity of subjective choice and objective conditions. It is of specific world historic scene, background of international relationship and international communist movements, and Chinese historical background. Therefore, the route has its historic necessity. The paper makes a comprehensive analysis on the original background of the route to peaceful development and change of conditions. It also makes arguments on its sustainable development.

Keywords: China; Peaceful development; Historic scene

The New Challenge of Global Order: Global Social Movement and Its Governance

Du Yuhua

(14)Abstract: Since the end of the 20th century, along with the rise of the various forces of globalization and anti-globalization, the global social movement is also increasing, and has gradually become a significant force impacting on the global order. Such impacts are two-fold and complex. Therefore, to meet the new challenges of global issues and global social movements, governance on the global order is becoming an urgent and realistic issue in the current international political practice. Global governance is to solve global problems,to eliminate any negative impact on social movements, and to build a new order constructed by the various authority constructions.

Keywords: Global order; Social movement; Global governance; Globalization; Anti-globalization

Chinas Path Towards Democratic Development on the Base of Historical Tradition and Practical Needs

Wang Zhongru(21)

Abstract: Democracy is one of the political values that human beings possess. And democratic model is decided by stages of social development. From the modern era, the primary political value pursued by China has not been democratic politics. Yet China lacked the economic, social and cultural roots that democracy needs. So the democratic process is quite difficult. Not until the opening-up and reform in the late 1970s were the prerequisites for democracy lain. The paper argues that development of productivity, social harmony and civil society, nurturing of political ethics, centralization of power and political authority should play active roles. A centralized democratic system should be built with ruling party leadership, multi-channel consultations, and with an emphasis on capacity development. Then it may guide China's social transformation through the high-risk period.

Keywords: Democratic politics; Historical tradition, Market economy; Civil society; Centralized democratic system

On Democracy Performance:Based on the Tangible Achievements of the Democracy Innovation in Sichuan Province

Li Jun(31)

Abstract:The sustainable development of democracy depends on enough elaboration of democracy performance. Theoretically, democracy is two-fold with “good” and “bad”. In practice, the tangible achievements of democracy innovation in Sichuan confirms the dual nature of democracy performance: on the one hand it makes people enjoy the benefits brought by democracy and annotates the universal significance of democracy forcefully; on the other hand as democracy isnt perfect, it has inner risks which result in the failure of itself. So, we must deal with the nucleus factors which influence the development of democracy based on the practical foundation, evade the risks of democracy in operation and make democracy run effectively.

Keywords:Democracy ; Achievements; Good; Bad; Democracy Innovation

On Public Product Consumption

Li Zhengming(41)

Abstract: The article demonstrates five significances of public product consumption: firstly, under the premise of the impossibilities to raise incomes of the poor in large proportion and extent within a very short period of time, enlarging the consumption of public product is available to the harmony and equity of our society. Secondly, it is helpful to expand domestic demand and relieve difficulties in obtaining employment. Thirdly, it gives an impetus to build a “service-oriented government”. Fourthly, it enables human resource to flow rationally, and it narrows regional differences and disparities between rural and urban areas. Fifthly, it is good to shape rational consume behavior, to improve the quality of leisure consumption, and to promote the construction of the spiritual civilization. Based on an analysis of deficiencies in popular public product concept, the essay proposes that study of public product consumption should give more attention to: public product consumption in urban areas; citizens public consumption who are not native; the educational public product consumption; the public production in social guarantee and public infrastructure.

Keywords: Public product; Consumption; Public nature

Reform and Opening-up Policy Creates Chinas Development Miracle: an Analysis Based on Three Favorable Standards and International Comparative Perspective

Wu Xueming(49)

Abstract: During the thirty years of reform and opening-up, which is considered as the third great revolution in China, China grasped the opportunities of globalization and coped with many challenges. With the interaction of reform and opening-up, it made a historical transformation from a highly centralized planned economic system to a vibrant socialist market one; from a closed or semi-closed economy to a comprehensive open one. In this process, China has made great achievements with sustainable and rapid economic growth, increased national power and better life, which displays a nice scene of a wealthy and prosperous nation.

Keywords: Reform and opening-up; Productivity; National power; Life; International comparative study

A Study on Farmers Cognition and the Change of Chinas Land Tenure System

Xu Meiyin Qian Zhonghao(62)

Abstract: The paper analyses the relation between farmers cognition and the change of Chinas land tenure system by institutional cognition theory and institutional behavior theory. It finds out that the nature of the change of Chinas land tenure system is a process in which, the farmers and the central government may adjust their cognitions to adopt the change of external environments. The efficiency of land tenure system is decided by the arrangement respecting farmers cognition. Such cognition impacts the change of land tenure system by two mechanisms, which are mutual actions with the central government and external environment. The change of land tenure system also builds farmers cognition of it.

Keywords: Farmers cognition; Change of land tenure system; Institutional cognition theory; Institutional behavior theory

The Diminishing Publicity of Public Policy: Risk Analysis and Governance

Tong Xing Gao Chuanxiang(70)

Abstract: As to public policy, justice, fairness and openness are its standard values and basic dimensions that reflect publicity. Public policy must be pursued to maximize public interests at heart, and to realize the running of publicity. However, there is the risk of diminishing publicity in the level of practice. The realization of running publicity should keep the values of fairness and justice as the prerequisites; improve the level of public participation which is the fundamental protection; and promote information-sharing and justice process which are inherent requirements.

Keywords: Public policy; Diminishing publicity; Risk governance

On Social Exclusion of Parolees Social Security in the Community Correction

Jin Bihua(76)

Abstract: The parolee are the criminals who have been already carried out part of the penalties in prison (imprisonment, life imprisonment), execute the surplus penalties outside the prison. They are one of the special social groups on the rights. According to the survey, the parolee have to face all kinds of social exclusion after they return to the society, and the problem of exclusion in social security is particularly prominent. Because of interruption of socialization, they are difficult to adapt to the realities of social change after long-term imprisonment, nor to obtain the equal treatment on the social insurance, social assistance and social welfare with ordinary people. “Criminals are also human beings who should enjoy the dignity of people." Facing the fact of social exclusion during the community correction, the country, government and community have to take positive measures, seek social integration and social tolerance to solve the problem in the future.

Keywords: Community correction; Parolee; Social security; Social exclusion

Exploration of the Composition and Defining Criterion of Social Procreation Cost

Zhuang Yuxia(84)

Abstract: Though research on family cost of procreation and social cost of procreation are abundant, the research on cost of social procreation is limited, which will scale that the population is suitable or not. Based on the humanity demand and the theory of demand systems, the article makes an exploration by plotting out the four parts of the cost of social procreation which includes zoology cost , development cost, security cost and enjoyment cost. It then expounds the defining criterion, namely the method of “cask theory”, the method of “system theory” and the maximum of social welfare based on equity.

Keywords: Cost of social procreation; Composing; Defining criterion

The Scope of Limited Liability in the Limited Liability Partnership

Liu Qingfei(92)

Abstract: The scope of limited liability is the essential element of limited liability partnership law, which include two types of debts: the debt caused by other partners breach of contract and the one caused by other partners torts; But the partner who has the duty to directly supervise and control this partner who caused the debt would not be protected by limited liability. As to “piercing the veil of limited liability”, the Chinese new partnership law should promptly absorb this important principle to protect the creditors interest better. Although by the Chinese new partnership law, the scope of limited liability includes only “the gross negligent debt”, the English and American limited liability partnership laws are extending the scope ——from “the negligent debt” to “the non-negligent debt”.

Keywords: Limited liability Partnerships; Scope of Limited liability; Piercing the Veil of Limited Liability

On the Improvement of Chinas Recognition and Interest Distribution of System of Service Invention

Zhen Qibin(97)

Abstract: The system of service invention is an important topic in the third revision of Patent Law. The criteria for recognizing service invention and interest distribution rests in the following two aspects: one is to encourage innovation and promote technology enforcement from the perspective of patent law; the other is to protect legitimate interest of inventor as a laborer from the perspective of labor law. Therefore, “the execution of the tasks of the entity” should only refer to the execution of work tasks as definitely required by his functions and responsibilities; as to such invention, the patent rights should remain with the entity while the inventor share benefit and has the right to apply for its enforcement; for an invention made by a person by utilizing the material and technical conditions (no matter technical secrets or other material and technical means that are not technical secrets ) of the entity where he works, the patent rights shall remain with the inventor and his entity shall share benefit. As for the protection of inventors interest, it needs to repeal the existing reward system and to strengthen the existing remuneration system which should be widely applied to all kinds of entity.

Keywords: Service Inventions; Work tasks; Material and Technical Conditions; Technical Secrets; Reward and Remuneration System

On Legal Concurrent of Industrial Injury Insurance and Civil Tort and Related Legislative Ideas

Wang Xianyong(105)

Abstract: There is a legal concurrent of industrial injury insurance and civil tort in industrial accidents areas. There are four models to resolve the problem in various countries and regions: alternative model, select model, added model and double compensation one. Industrial accidents violate the right to life and health of workers, and the damage may be divided into two parts: the calculation of the loss with money, and the loss of un-calculation with money. In dealing with the legal concurrent of industrial injury insurance and civil tort of employing units, Chinas law should be established on the principle of alternative models, with the exception of part-double compensation model in our country. In dealing with the legal concurrent of industrial injury insurance and civil tort of others,part-double compensation model should be established.

Keywords: Industrial injury insurance; Civil tort; Legal concurrent; Legislative ideas

Private Sphere and Public Sphere: a Horizon of the Process of Being Self and Being Thing

Yang Guorong(115)

Abstract: Private sphere or public one relates to every aspects of an individual. Those aspects neither directly indicate in society nor are controlled and dominated totally. The public sphere is based on peoples social contact and interaction, therefore it is of open, external and public natures. As far as the process of being self and being thing, the confirmation of private sphere implicates its unique attention to humans individuality. As a concrete being, human is always participating different practices, and gets his multiple existing forms in social practice. The social member in public sphere and individual in private sphere, in a broader sense, are also be regarded as different “identities” or roles. These various roles and identities are ofontological correlativity. Such correlativity makes the being spheres behind identities difficult to separate;on the contrary, make these spheres indicate their interaction.

Keywords: Private sphere; Public sphere; Being self and being thing

The Death of the Actor?——On Bertolt Brechts Critical Reception Theory

Shu Ye(123)

Abstract: The reception theory of drama has not given enough attention to in drama theory. So Bertolt Brechts critical reception theory should be focused on. In his drama theory, the audience is put up to an unprecedented position. The main aspects of his critical reception theory are: “opposing sympathy” and “ critical participation”. In his theory, the author and actors are dead. What we find is the subjectivity of audience. The essay argues thatBrecht was quite earlier than other advocators of reception aesthetics in advocating the critical participation of audience. In such sense, he was a pioneer of critical reception theory.

Keywords: Aesthetics; Drama; Brecht; Actor; Audience; Reception theory

Subscription, Recommendation and Bureaucracy Anomy in the Late Qing Dynasty

Yang Guoqiang(130)

Abstract: Though the Qing dynasty kept “never adding taxes” as the top legislation, however, when the balance of receipts and expenditures was broken, it had to carry out subscription system to gain more money. The longtime civil war in the time of Emperors Xianfeng and Tongzhi needed sustainable military expenditures, while lots of taxes were diminished by war. In the name of raising military expenditures, the subscription system was abused and made many officials. In the same time, many were recommended for military exploits. As the scale of bureaucracy was limited, too many people joined into it by subscription and recommendation and then made it too crowded. The phenomenon emerged in the time of civil war and long lasted. Actually the existence of those official-candidates changed the bureaucracy order deeply.

Keywords: Subscription; Recommendation; Official-candidate

The Reform of Selection and Appointment System for State and County Officials in the Late Qing Dynasty

Liu Wei(139)

Abstract: Since the late Qing dynasty, the enlargement of subscription and recommendation system resulted in a motley candidate-official crew and official-career stagnation. At the same time, the appointment of local governors was not limited by the rule, which directly impacted on the original officials-selecting routine. After the New Deal, with the implementation of a series ofsystem revolutions, the selection and appointment system for state and county officials began to change. The main performances were: deciding officials remaining and leaving by study and test; changing the evading system; permitting appointing officials from the nearby provinces; stopping the department selection. All reforms showed a passive and strained feature, and was difficult to achieve the expected effect for hampered by several parties benefits.

Keywords: Late Qing dynasty; State and county officials; Selection and appointment; Reform

The Administration Reform in 1898

Li Zhiming(148)

Abstract: The reform in 1898 was begun with the change of official system, but was ended by its failure. Therefore, such reform was an administration reform rather than a reform campaign. It was advocated and designed by Kang Youwei and was carried out by Emperor Guangxu. The reform put forward feasible measures at aspects of simplifying administration, changing personnel system, revising administrative rules. It also proposed some detailed measures in setting new administrative institutions, simplifying administrative procedures. However, the reform itself was the result of outside forces with hurry, while without stability, then was ended as a tragedy. The inspiration and lessons of its failure are: administrative reform needs both wise designers and powerful pushers. As the administration reform is a world phenomenon now, the study of administration reform in 1898 is of practical significance.

Keywords: Reform in 1898; Kang Youwei; Emperor Guangxu; Administrative reform

Chinas Film Culture: From Displacement of Paradigm to Integration of Genres

Wang Yichuan(156)

Abstract: The article makes an examination of change of Chinas film culture in 60 years. It argues that the change is from displacement of paradigm to integration of genres. In details, there are four stages: firstly, it was the paradigm of northern films (1949-1977); secondly, the paradigm of western films (1978-1989); thirdly, of categorized films (1990-1999); fourthly, the inter-infiltration of categorized films (2000 till now). The article points out that such change indicates Chinese film cultures fate being brought into and actively chooses to participate in globalization context.

Keywords: Displacement of paradigm; Paradigm of northern film; Paradigm of western films; Categorized film; Inter-infiltration of categorized films

On Development of the Practical Literal Thoughts in the 19th Century

Yuan Jin(162)

Abstract: The 19th century was the period that the practical literal thoughts developed. It was caused by political change in the time of Emperor Jiaqing and revival of intellectual tradition. A lot of writers emerged and created a new way of literature development. However, it closely connected literature with a “practical trend. It regarded literature as a “tool”, therefore restricted literatures humane development.

Keywords: Practical knowledge; Time; Humanity

“Back to Field” and “Situation Writing”: the Study of Chinese Literature History and New Writing Trend Since the May 4th

Zhang Zhiping(169)

Abstract: The paper argues on two study methods of Chinese literature history whose representatives are respectively Qian Liqun and Wang Xiaoming. “Back to field” and “situation writing” are their common academic interests and ideals which then open a new study and writing trend of Chinese literature history since the May 4th. In academic way, the paradigm of their study and writing is based on historical materials; in cognition way, theirs are a scientific cognition way. Scholars constructing scientific methodology and creating schools with self-consciousness are the important indication of better development of Chinas current literature discipline.

Keywords: Back to field; Situation writing; Methodology; School

Long River: Unfinished Chinese “War and Peace”

Zhang Yonglu(179)

Abstract: Long River is an unfinished Chinese “war and peace”, and is also “a book extremely alike Xiangxi people”. Shen Congwen once had high expectation of it. But because of war and other reasons, it was unfinished. Therefore, less attention is given to it in academic field. The essay argues that the book is of much “Shen Congwens spirit” by its unique art charming and spirits. So it is an important way to understand the author and his literature. The essay proposes that perhaps phenomenology and intertexuality reading are efficient ways towards Long River.

Keywords:Long River; Life world; Intertexuality