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Abstracts

2021-12-06

Forging a Sword in Ten Years:The Historical Material and Legal Value of The Chronology of“Shaanxi School of Law Scholars” (by CHEN Jingliang)

Abstract:The“Shaanxi School of Law”is a school of jurisprudence that emerged in the transitional period of ancient and modern laws in China. Its epoch characteristics include that the lawyers have rich judicial experience and excellent knowledge of traditional legal science. Their representatives are steeped in cultural literacy whose experience and theories are a valuable resource of traditional legal culture. The Chronology of“Shaanxi School of Law Scholars”is a book in the form of collective genealogy that solves the problem of inadequate research materials for the study of law scholars in the Shaanxi and Henan schools.The book presents the legal scholars in the late Qing Dynasty in terms of life experience,circumstances,contacts,character,and academic articles,which shows the process of traditional jurisprudence from emergence to extinction,as well as the different standpoints of jurists in the major transformation from traditional law to modern law. This is of great significance for the understanding of modern China’s legal transformation. In view of the nearly one hundred year history of China’s law,the experience and wisdom are indispensible.

Key words:Shaanxi School of law;Ji Tongjun;Henan School of law;Chen Xingxun;Tian Wolin

Right of Access to Case File in Review of Arrest Procedure:Comparison and Reference (by LI Yueping)

Abstract:In China,the defendant does not have the right of access to case files during the review of arrest procedure. The absence of the right compresses the right of defense,hinders the litigation reform of the review of arrest procedure,and causes the prosecution and defense imbalance in the plead-guilty-andpunishment process. In order to protect the procedural subject status of the defendant in the review of arrest,improve the legitimacy of the review of arrest procedure,and ensure the voluntariness during the plead-guilty-and-punishment process,the current institution of access to case files in China should be expanded based on a reference to foreign systems about access to case files during custody as well as China’s own legislative and juridical practice;the purpose is to give the accused a limited access to case files while in custody. This includes the right of access to case files during the review of arrest procedure by the defender(including the duty counsel)and the accused without a defender,the field of access being limited to only the matters and evidence related to the arrest,the right of access to case files being limited to an extent based on the requirement of special interests,and the establishment of on-site and electronic means of access to case files. Endowing the defendant a limited access to case files while in custody is beneficial to implementing such litigation concepts as equality between prosecution and defense and effective defense in the review of arrest procedure;it can protect the defendant’s right of personal liberty and avoid illegal arrests.

Key words:the right of access to case file;review of arrest;equality between prosecution and advocacy;effective defense;voluntariness

Transformation of“Fengqiao Experience”into Social Governance Efficiency in New Era

(by YANG Ping,WANG Xinman)

Abstract:The“Fengqiao Experience”has been formed since the 1960s and continues to develop,with important practical and theoretical values in the new era. It contains such social governance advantages as the“mass line”“Party Building leadership”“source governance”“fusion of the three governances”and technology support. These governance advantages have optimized the democracy of governance,the decision-making of governance,the cost of governance,the rules of governance,and governance efficiency;they manifest the transformation of governance advantages of“Fengqiao Experience”into governance efficiency.

Key words:“Fengqiao Experience”in the new era;social governance;governance advantage;governance efficiency

Marx’s Critical Theory of“Space Production” (by SUN Quansheng)

Abstract:Marx’s critical theory of“space production”appears in his criticism of capitalist social space production phenomena. It shows the deepening of Marx’s critical theory of social space phenomena and his pursuit of space justice. Marx’s criticism of the capitalist social space phenomena leads its logical starting point;his interpretation of the capitalist space production process represents its expansion dimension;his pursuit of equality and justice highlights its ethical appeal. The significance of studying Marx’s critical theory of“space production”lies not only in explaining the theory of space production from the perspective of ideological genealogy,but also in improving people’s space consciousness and promoting the realization of space justice.

Key words:Marx;space production;expansion dimension;ethical appeal

Exploration of Local Autonomy:Practice of Cities under Counties in Jiangsu Province in Early Republic of China (by XUE Mengyuan)

Abstract:At the end of 1911,the Provisional Provincial Council of Jiangsu passed the bill of Provisional City and Township System of Jiangsu. The provincial government continued the idea of local autonomy in the late Qing Dynasty and set up cities and townships to handle local public welfare matters. In terms of spatial distribution,the central region of the province had more cities under the jurisdiction of counties than the northern and southern regions and the distribution was relatively scattered. The two distribution features are closely related to such factors as the standard of setting up a city,the basis of autonomy,the mode of setting up a city,and the distribution pattern of traditional towns. Influenced by the political changes at that time,Jiangsu’s process of practicing the city-under-county system in the early Republic of China was very tortuous. In spite of some shortcomings in Jiangsu’s work of setting up cities under counties,it still played a positive role in promoting the development of multi-centers in counties. From the perspective of city system development,Jiangsu’s work of setting up cities under counties is an important exploration prior to the formation of city system.

Key words:the early Republic of China;city and township system;city under the jurisdiction of county;administrative power;spatial distribution

Research on the Impact of Earnings Management to Goodwill Impairment:Evidence from Listed Cultural Industry Companies (by YUE Feifei,LI Yamin,CUI Lihua)

Abstract:Listed cultural industry companies are often overvalued due to their “asset-light”characteristics. High-premium mergers have resulted in a large scale of goodwill,and the inability of the acquiree to complete the Valuation Adjustment Mechanism after the merger will be a hidden danger for huge goodwill impairment in the future. Based on the data of listed cultural industry companies from 2014 to 2019,this paper studies the impact of earnings management to goodwill impairment. Empirical evidence shows that there is a negative correlation between earnings management and goodwill impairment:the higher the upward earnings management level,the smaller the scale of goodwill impairment;the higher the downward earnings management level,the larger the scale of goodwill impairment. Compared with smallscale listed companies in the cultural industry,large-scale companies’earnings management level has a more significant correlation with goodwill impairment. In addition,in 2018,experts from the Ministry of Finance proposed to change the subsequent measurement method of goodwill from the impairment test method to the amortization method. This policy is expected to enhance the downward earnings management motivation for the goodwill impairment of listed companies in the cultural industry.

Key words:merger and acquisition;goodwill impairment;earnings management;enterprise size;policy expectation

The Agglomeration Feature and Spatial Differentiation Pattern of Cultural Industry in National Central Cities:A Case Study of Wuhan City (by DU Chunli,DU Zijie)

Abstract:National Central cities are the core cities in the urban system of China. The agglomeration feature and spatial differentiation pattern of cultural industry in national central cities are an important basis for optimizing the spatial layout of cultural industry and formulating targeted industrial policies.Taking Wuhan,a national central city in the central region,as case study,this article uses the location entropy comprehensive index method and the industrial concentration index to analyze the industrial agglomeration feature and measure its level in Wuhan City from 2015 to 2017. Also,the spatial autocorrelation analysis method is used to explore its spatial differentiation pattern. The results show that Wuhan City has been continuously improving its cultural industry agglomeration level and has had obvious spatial agglomeration features,with Wuchang District,Hongshan District,Jiang’an District,and Hannan District being the major concentration areas. The overall spatial distribution of cultural industry in Wuhan City shows a strong negative spatial correlation,with distinct spatial differentiation features. The local spatial pattern is dominated by the“low-high”spatial agglomeration type,and the spatial structure of cultural industry is very stable,with a certain degree of path dependence.

Key words:cultural industry;national central city;industrial agglomeration features;spatial differentiation pattern;Wuhan City

Who Is Leading Elite Universities in Britain:An Exploration of Gender Characteristics of Senior Management Teams in British Elite Universities (by ZHU Jian,XIN Da)

Abstract:To a university,the senior management team(SMT)is very important. From the gender perspective,this study analyzes 259 SMT members in 24 elite universities of the Russell Group in Britain.It finds that men dominate the SMTs in British elite universities,with women at a disadvantage. However,women outnumber their male counterparts on the lower posts in the SMTs. Further analysis suggests that the seemingly“neutral”PhD degree and professorship have been male-centered in deed which is a major factor constraining women’s access to the middle and senior posts of the SMTs in British elite universities.Meanwhile,gender bias in the process of SMT’s recruitment cannot be ignored,and the male-centered culture in the promotion process is another block for women’s promotion to the middle and senior positions within the SMT hierarchy. Nevertheless,thanks to the transition of governance structure in British universities from a collegial model to a managerial one,women,to some extent,have the opportunity to find access to the SMTs in British elite universities.

Key words:senior management team;gender;Russell Group;elite university

Curriculum Design of Research and Study Travel Based on SOIL Teaching Method

(by XU Fenghua,KANG Le,CHEN Junyuan)

Abstract:The SOIL teaching method is a new curriculum design and guidance model based on the multimedia learning theory and the cognitive load theory. It emphasizes the effective design and full use of teaching information on the basis of learner’s learning and cognitive process,and contains four elements of learning vision,integrated evidence,organizational actions,and selection strategies. The SOIL teaching method has a targeted correction effect on the absence of learner’s position in the current research and study travel curriculum design. Therefore,this research puts forward a new concept of curriculum design for research and study travel under the guidance of SOIL teaching method. The new concept of curriculum design includes the following four aspects:clarifying the goals of research learning and establishing learning vision;integrating student’s performance and establishing an evaluation system;organizing the research and learning content and designing research activities;and selecting appropriate research methods.

Key words:the SOIL teaching method;research and study travel;curriculum design;learner-centered

A study on Relationship between Left-behind Experience and Development of College Students’Self Concept (by LUO Kuang,ZHANG Shanming,ZHU Haibo)

Abstract:In order to probe into the relationship between the left-behind experience,difference between places of residence,gender difference,parents’marital relations,and family income and the self concept of college students who have the left-behind experience,as well as the role of those factors on the self concept of college students who have the left-behind experience, the Tennessee Self-concept Questionnaire is used to study the self concept development of 1,045 college students born after 2000 and based in Hunan Province. The study finds that the left-behind experience has a certain impact on college students’self-evaluation and self-development,and the main influencing factors include parents’marital relation,parent-child communication,and outside environment. On this basis,the research team conduct narrative interviews with individual college students who have the left-behind experience to further understand the influence of the left-behind experience on the self growth of the cases;the team’s narrative interviews and reconstruction around parent-child relationship,gender differences and social environment stimulate the cases to change their self-evaluation,improve their self adjustment ability,and better off their self growth and transformation. Exploring the influence of left-behind experience,parents’marriage,and money on college students can help to determine the direction of school,family and social institutions to serve the left-behind groups;and using specific and feasible operation schemes can enhance the sustainable self-development ability of college students and children who have the left-behind experience.

Key words:left-behind experience;left-behind children;self concept;self development

Influence of Self-efficacy on Academic Achievement of Normal University Students:Based on Empirical Survey of Four Normal Universities in Anhui Province (by WANG Chongguang,ZHANG Zhiyong)

Abstract:The academic gains of normal university students are closely related to their college circumstance and academic self-efficacy level. Studying normal students’level of academic gains and the influencing factors will help normal colleges to improve college circumstance and the academic selfefficacy level of their students. Based on the survey data of 1,062 normal students in four normal universities in Anhui Province,this paper constructs a model of influencing factors that affect normal students’academic gains,studies the direct influence of college circumstance on normal students’academic self-efficacy and academic gains,and analyzes the mediating role of academic self-efficacy and its two dimensions between college circumstance and academic gain. The research results show that some dimensions supported by college circumstance have a significant positive impact on normal students’academic ability self-efficacy,learning behavior self-efficacy,knowledge and ability enhancement,and cognitive development and value realization. Among them,the effect of curriculum and teaching,and service and management is not significant;yet,academic self-efficacy and its various dimensions play a certain mediating part in the relationship between college circumstance and the improvement of normal students’knowledge and abilities,and between college circumstance and normal students’cognitive development and value realization,the effect being significant. The research suggests that great importance should be attached to the development of normal colleges and improving course teaching quality in normal education;the support structure of internal college circumstance should be optimized;normal students’sense of academic self-efficacy should be motivated;the positive interaction between normal students and college circumstance should be promoted;and the internal and external linkage mechanism should be actualized to produce a positive incentive effect on the academic development of normal students.

Key words:normal students;college circumstance;sense of academic self-efficacy;academic gain