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Abstract

2024-01-23

TheHistoricalMaterialismImplicationofXiJinping′sCulturalThought

FANGShinan

Abstract: Xi Jinping′s cultural thought is a complete and rigorous organic integrity composed of cultural value theory, cultural rights theory, cultural security theory, cultural inheritance theory and other important discussions. And it is a Marxist cultural thought in contemporary China and the 21st century full of profound Marxist historical materialism. Xi Jinping′s cultural thought makes a comprehensive and profound theoretical summary on the cultural construction in the process of China′s socialist modernization, by using basic standpoint, basic principle and basic method of the Marxist historical materialism. The cultural value theory, cultural rights theory, cultural security theory, cultural inheritance theory and other important discussions of Xi Jinping′s cultural thought enrich and develop the historical materialism of Marxism, and promote the theoretical and practical innovation of cultural construction. At the same time, all of those provide theoretical guidance of world outlook and methodology in creating new brilliance in Chinese culture and building modern civilization of the Chinese nation.

OnTheoreticalTheme,DistinctiveCharacteristicsandValueImplicationofXiJinping′sCulturalThought

LIQianjin,LUANYunqiang

Abstract: Since the 18th CPC National Congress, the Party Central Committee with Comrade Xi Jinping as the core has put forward a series of new ideas, viewpoints and conclusions on how to cultivate cultural self-confidence and build a strong socialist culture, and gradually formed Xi Jinping′s culture thought. Xi Jinping′s Cultural thought is rich in connotation, involving the whole process and all aspects of the Party′s leading cultural construction, focusing on explaining "why to build socialist culture with Chinese characteristics in the new era", "what kind of socialist culture with Chinese characteristics to build in the new era" and "how to build socialist culture with Chinese characteristics in the new era".Xi Jinping′s Cultural thought highlights the dialectical meaning of cultural attributes, the value orientation of cultural subjects and the overall planning of cultural development, and show Chinese experience and Chinese wisdom in the cultural field. The proposal of Xi Jinping′s cultural thought has opened up a new realm for the development of Marxist cultural theory and provided a fundamental theoretical basis for the construction of a cultural power in the new era.

SoftLawGovernanceofRenewableEnergyAbsorptionGuaranteeMechanismundertheBackgroundof"DualCarbon"

WANGShuyi,ZHANGXuefeng

Abstract: The proposal of the "double carbon" goal puts forward higher requirements for the development of renewable energy. As the main obstacle restricting its development, renewable energy consumption guarantee mechanism urgently needs to play a continuous and stable role to promote the consumption and utilization of renewable energy electricity. Soft law provides basic law and operational law basis for the generation and operation of the mechanism, and will continue to play a special role in the development of the mechanism. Its self-created diversity, however, has exacerbated the uncertainty of application, and its soft binding force leading to the ineffectiveness in implementation. In order to promote the governance of soft law in the development of renewable energy consumption guarantee mechanism, firstly, we should improve the creation, implementation and guarantee mechanism of soft law itself to enhance its legitimacy; Secondly, the good governance of soft law does not simply rely on soft law without considering hard law, instead, we should reasonably set the scope of its application, providing specific legal environment and institutional support for the effective play of soft law functions, so as to improve its implementation effectiveness on the whole.

OntheQualificationofPlaintiffsforCivilPublicInterestLitigationintheFieldofMarineEnvironmentbyEnvironmentalProtectionOrganizations:PracticalReviewsandGroundsofLegalTheory

WUWeixing

Abstract: The question of whether environmental protection organizations have the qualifications of plaintiffs to bring civil public interest litigation for the marine environment actually involves the relationship betweenEnvironmentalProtectionLawandMarineEnvironmentalProtectionLaw. Using co-opetition theory of the norms, we found that the relationship constitutes that between general law and special law; Article 58 of theEnvironmentalProtectionLawand Article 89(2) of theMarineEnvironmentalProtectionLaw(article 114(2) ofthenewMarineEnvironmentalProtectionLaw) does constitute the relationship between general norm and special norm. However, the legal consequences of the two are not mutually exclusive. Thus, the two do not constitute a conflict of laws. They provide for two sets of litigation mechanisms that are parallel and the former is complementary to the latter. In view of the special characteristics of the civil public interest litigation in the marine environment, the qualifications of plaintiffs to bring civil public interest litigation can be limited in terms of the scope of application and the sequence of prosecution.

OnThePolluterPaysPrincipleandEnvironmentalDamage:TakingPreliminaryDraftofGlobalPactforTheEnvironmentasAnOpportunity

TadashiOtsuka;TranslatedbyDINGRuiyuan,LIChao

Abstract: The polluter pays principle should be regarded as a fundamental guideline rather than a mere rule. Japan′s environmental basic law does not explicitly incorporate the polluter pays principle or pure environmental benefits, thus it is imperative to consider integrating the polluter pays principle and an environmental damage liability system into legislative design. The polluter pays principle holds significant contemporary importance, being an integral part of both Preliminary Draft of Global Pact for The Environment and the EU′sEnvironmentalLiabilityDirectivewiththePreventionandRemedyingofEnvironmentalDamage.It offers valuable insights for provisions such as Japan′s carbon boundary adjustment mechanism and the application of the polluter pays principle, including rationalizing costs associated with carbon dioxide emissions within the carbon boundary adjustment mechanism and adopting administrative methods when implementing the liability system for environmental damage. It is also significant that legislation should clearly define parameters such as scope of application, applicable standards and liabilities for damage repair.

GradientPromotionandDifferentialGovernance:TheActionLogicofRuralHabitatImprovement——BasedontheResearchAnalysisofHCityinWesternGuangdongProvince

ZHANGGuolei,ZHANGYanni

Abstract: In the context of implementing rural revitalization strategy, the rural habitat improvement action, aimed at improving the rural habitat environment and building a beautiful and livable countryside, has gradually become the central work of local governments at all levels. Based on the research of some townships in H city in western Guangdong, we found that the promotion of rural habitat improvement actions in the hierarchical system shows a gradient of "authoritative promotion" by the top level of the organization, "supporting decomposition" by the middle level departments, and "articulation and implementation" by the grass-roots cadres. However, under the influence of differentiated administrative authority, resource endowment and public response, the poor governance pattern of leaders attaching great importance to it, departments focusing on it, and grassroots adapting to its implementation has been derived from the logic. Therefore, the local government leaders should press down the responsibility and urge the grassroots cadres to carry out the tasks by irregularly visiting the grassroots and optimizing the assessment indexes of each functional department, so as to reduce the risk of the malfunction of rural habitat improvement due to the distortion of the information transmission of the central government′s decree and to form a cooperative governance pattern of multi-dimensional mobilization of the government′s administrative power and positive response from village self-governance.

TheImpactofEnvironmentalProtectionInvestmentonEnterpriseValueundertheDualCarbonTarget:OntheRegulatoryEffectofMediaGovernance

WULianghai,HUFangfang,WUHanyan

Abstract: Based on the data of Shanghai and Shenzhen A-share listed companies from 2011 to 2020, this paper empirically analyzes the relationship among environmental protection investment, media governance and enterprise value. The results show that: Environmental protection investment is significantly positively correlated with enterprise value; Media governance has a significant positive regulatory effect on the positive correlation between environmental protection investment and enterprise value. The intermediary mechanism indicates that environmental investment promotes enterprise value growth through three mechanisms: accumulating reputation capital, promoting technological innovation, and improving enterprise performance. Further analysis reveals that the impact of environmental protection investment on enterprise value and the regulatory role of media governance are more significant in environment-friendly enterprises, heavily polluted industries, positive reports and highly competitive industries. The higher the level of internal control, the more significant the positive effect. Based on this, enterprises should enhance their awareness of environmental responsibility, strengthen investor education, improve the efficiency of environmental investment, and actively engage in environmental investment; Media governance should maintain objectivity and fairness, fully leverage the role of supervision and guidance, and promote the healthy growth of environmental investment scale. This paper explores the interactive coupling between "dual carbon" strategy and corporate social responsibility, systematically studies the mechanism and effect of effective coordination between corporate social responsibility and economic responsibility, and provides Chinese empirical evidence for improving the research on the economic consequences of corporate environmental protection investment behavior.