The eco-environmental rule of law features ecological holism,safety value-oriented and ecological conservation-emphasized. The development of eco-environmental rule of law promotes the renewal of legal principles. Meanwhile,the precautionary principle echoes demands of modern environment governance under the background of risk society.As a part of the principle system of eco-environmental rule of law,the precautionary principle leads to the interaction among other relevant principles within the system. The precautionary principle plays its role in such levels as methodology,specific principles and implementation of the rule of ecological law. It is suggested to perfect the legal institution of environment law,improve the legal aspect of precautionary mechanism,and clarify the application of the precautionary principle,so as to achieve an effective eco-environmental rule of law.
Employer’s duty of safe attendance can be integrated to grasp the general labor（ dynamic） contract relationship,within the scope of industrial injury insurance as a whole to default compensation surplus damage,in the non-traditional industrial injury and the old and new“extra”labor relations is not insurance as a whole employment situation also depends on default compensation to strengthen relief,before the damage and give laborer right of defense and take care of the claim. Therefore,in the definition of the content of obligations,we can follow the abstract（ from“all necessary”to“as low as reasonably practicable”） and then concrete（ the typification of material and human obligations）,first entity and then procedure（ i. e.,the “substantive procedure”of the burden of proof）. We should not only favor protecting workers,but also take into account the national conditions and improve the business environment. Therefore,the standard of“all necessary”will be softened by“reasonable and feasible”; and the burden of proof with the presumption of fault,but allow the employer to provide evidence. Thus,etc.,are in the pursuit of the same standard goal: not only to tilt the protection of workers,so that their due treatment is not due to the unrealistic demonstration burden or the burden of proof,but also to limit the employer’s responsibility within a reasonable range,so as to achieve a win-win situation for both.
In his 1877 Letter to Otechestvenniye Zapiski,Marx clearly opposed metamorphosing his“historical sketch”of the genesis of capitalism in western Europe into a“historico-philosophical theory of general development”. The reason is that reflection on the historical interpretation of “historical sketch”has changed from a typical case to an ordinary case,which is insufficient to rise from “history”to“theory”,and it is difficult to rise from“abstract”to“concrete”,and it is also realistic vigilance that the “general historico-philosophical theory”in this period has become a defense weapon for Russia to take the capitalist road. Starting from the historicity of existence and based on the specific historical orientation of the contradiction movement of the mode of production,Marx’s“historico-philosophical theory”reveals the overall historical law of human society in the movement of national history and world history,which not only sublimates the space-time definition of“historical sketch”,but also constitutes a“concrete totality”philosophy on the road of development. Its beneficial thinking on development space,development mode,development process and development value provides theoretical consciousness for examining the Chinese path to modernization in the new era.
The Chernobyl nuclear accident was the first major nuclear disaster caused by technology in human history.The nuclear accident led to the leakage of large quantities of radioactive elements into the territories of the three republics of Russia,Belarus and Ukraine,causing serious pollution to their agricultural,forestry and aquatic ecosystems. At the same time,ionizing radiation caused great harm to the health of residents,resulting in a general increase in the incidence of malignant tumors and other diseases. After the accident,the Soviet government took a series of emergency measures to reduce the impact of the nuclear accident,but due to strategic and technical errors,some measures had serious negative effects.After the collapse of the Soviet Union,Russia,Belarus and Ukraine began to lead the management of nuclear accidents.Russia and Belarus had formulated national program for the management of nuclear accidents and had taken targeted measures in the fields of ecological governance and social protection of residents. However,Ukraine began to drastically cut the funds for the treatment of nuclear accidents in 2003 because of the unstable political situation and the tight national finance,which made it impossible to push forward many measures and thus leading to the governance dilemma of nuclear accidents.
In 1945,the Soviet government formulated and implemented a nuclear weapons development program to break the U. S. nuclear monopoly,and regarded the development of the atomic bomb as its highest political task. During the implementation of the nuclear program,the Soviet government,on the one hand,relied on the “national system”and administrative mobilization,and hurriedly started the program before all the technologies were mature,and although the atomic bomb was developed in a short period of time,the health of the personnel and environmental protection were neglected,resulting in irreversible social and environmental losses. The main cause of nuclear contamination in the nuclear program was the 817 Complex,the first plutonium-239 production plant in the Soviet Union,and the Kshtem nuclear accident caused by the explosion of the plant’s waste storage tanks in 1957 was extremely serious. On the other hand,the Soviet government prevented further expansion of the contamination hazard and accumulated valuable experience for nuclear pollution control by establishing a radiation safety system,comprehensive management of the Jecha River,and comprehensive mobilization in response to the Kshtem nuclear accident.
The environmental health rights focus on avoiding human health hazards or risks caused by environmental pollution and ecological damage. It has both public and private attributes,with complex rights structure,making it difficult to provide adequate protection based on merely private or public law approaches respectively. It is not easy to provide sound protection for human health rights based on the Chapter of Personal Rights in Civil Code,which is too broad to generate value conflicts during the judicial judgment. Meanwhile,the environmental tort clauses in the Civil Code focus more on the damage relief instead of prevention,which put negative impact on effective prevention of environmental health risks. In these circumstances,the public law approaches provide the chances,to some extent,to tackle these problems of private law approaches and are more adaptive to the requirements of protection of environmental health rights as a kind of social right.Only through sound coordination and cooperation between the two approaches can an adequate regime of environmental health rights protection be established.
X simul Y,means no more than that X and Y have at least one time point in common. Therefore, “the moment”（ shihou） is a simultaneous marker,and “shihou”sentence only represents simultaneous relations,including four types,namely,coincidence type,inclusion type,overlapping type and connection type. Comprehensive perspective and analytical perspective,clause time and event time,objective simultaneity and subjective simultaneity,reality and certainty,these elements restrict people’s understanding of the temporal of the“shihou”sentences. In the past,some scholars put forward the “shihou”sentence to indicate the prior and posterior relationship because they failed to fully consider these factors.
Original prospect theory sticks to sub-certainty,the sum of decision weights attached to a prospect is less than unity,while as a new version of it,Cumulative prospect theory does not follow this property. In view of the above inconsistency of academic opinions,this paper experimentally investigates the property of certainty and sub-（ super-） certainty of risky decision weights to non-mixed prospects with two non-zero outcomes based on semi-parametric procedure which does not assume specific weighting function forms. The results demonstrated that whether on the domain of gains or losses,for prospects involving extreme probabilities,choice behavior of participants conformed to super-certainty,while for gambles involving medial probabilities,choice behavior of participants accorded with sub-certainty. And,compared with the domain of losses,the property of sub-certainty or super-certainty reflected by choice behavior was stronger on the domain of gains. The findings of this article can provide useful enlightenment for the further development and improvement of prospect theory.
Childhood is a critical period for individual growth. Childhood family socioeconomic status will affect the level of subjective well-being in adulthood and even in the whole life cycle. Based on the data of Chinese General Social Survey（ CGSS） in 2017,this paper proves and reveals the internal influence mechanism of childhood family socioeconomic status on subjective well-being through multiple mediation effects model. The results show that childhood family socioeconomic status has a positive impact on residents’ subjective well-being; childhood family socioeconomic status can affect subjective well-being through cognitive social capital and structural social capital mediating variables. The influence of childhood family socioeconomic status on the subjective well-being of residents is gender difference and urban-rural difference. The influence of childhood family socioeconomic status on the subjective well-being of female residents is greater than that of male residents,and the influence of rural residents is greater than that of urban residents. From the perspective of life course,childhood is an important period to improve the subjective well-being of residents,which can be promoted by improving the institutional system of children’s development,strengthening educational support,promoting the construction of social integrity and other ways.
Human liberation is a fundamental theme and value orientation of Marx’s theoretical thinking in his life. It is a necessary step to clarify the ideological depth and theoretical implications of the concept of the “Jewish Question”by carefully identifying,differentiating and reconstructing the ideological differences between Marx and Powell． “Theology and secular issues dividing line”,“the relationship between political liberation and human liberation”and “religious criticism and critical gap of civil society”,they are Marx and Powell in the concentrated reflection of thoughts on the issue of differences,and constituted Marx’s profound proposition of “human liberation”thinking diameter and context. Based on the“Jewish Question”problem formulation and critical perspective transformation,Marx established preliminarily discussion on the“human liberation”logical architecture,that revealed“liberation”as the liberation of the people as individuals,which means,man’s social and political forces no longer divided liberation,is the person as an individual and people’s life to the liberation of the same class.
Historical Science is an important concept in Marx and Engels’ texts. At present,the understanding and interpretation of this concept in academic circles are not only divergent,but also focus on Marx’s interpretation of the concept of“historical science”,which often ignores Engels’ relevant interpretation. Therefore,this concept should be investigated and grasped from the overall text and its history in the perspective of historical context. The concept put forward by the two classical writers is fundamentally to completely subvert the“misinterpretation”or completely put aside the“ideology”historical narrative of human history and carry out a thorough materialist narrative in the field of social history from the overall view of the text. Historical Science should be an overall interpretation of the world-changing “science”in the social and historical field based on people’s material practice. Historical materialism; the research work and achievements of historical materialism in many fields of social history; the value aim of proletarian liberation and even human liberation; the three hierarchical structures and their related propositions penetrate each other and penetrate each other,which makes the materialist narrative of Historical Science a whole with inherent rigor in the new era,it is with great significance to grasp“historical science”and its materialist narrative from the overall text and its history,both for a comprehensive understanding of Marx’s theory and for the construction of philosophy and social sciences with Chinese characteristics.
During the colonial period,the construction of common-subjectivity in Korean exile literature in China experienced the historical process of construction and deconstruction,deconstruction and reconstruction. The awareness of individual life and national subjectivity have been the essential prerequisites for the literati of Korean exile literature in China,while the context of modern China has always played a vital part as the function of uncertainty. Because the Chinese and Korean scholars faced a common historical mission of anti-imperialism and anti-feudalism,Korean exile literature in China gradually showed the qualities of interactive subjects and the construction of common subjectivity. The process of this construction has gone through two stages: the first is the period of the Xinhai Revolution and the Revolution,which is a stage of exploration and initial formation,accumulating various historical experiences; the second is the period of the Total War of Resistance,which is a stage of maturity and comprehensive development,mainly manifested in the participation in the war of resistance in China as a common subject,and then the construction of mutual subjects and common subjectivity,which is manifested in the literary activities. In terms of literary activities,it is manifested in the joint writing of the same theme and the creation and joint performance of dramatic literature. The process of constructing subjectivity,national subjectivity,and common subjectivity in Korean exile literature in China presents the culture affinity,interaction and integration,co-existence and mutual development of the Sino-Korean community of a shared destiny.
Since the late 1960s,besides some developed nuclear powers,many developing countries began to develop or upgrade their own nuclear programs. India’s nuclear test in 1974 particularly brought more risks of nuclear weapons proliferation in the world. When Jimmy Carter took office,the Carter administration decided to work harder on the cause of international nuclear non-proliferation following Ford administration’s effort. The U. S. executive and legislative branches had introduced a stricter global nuclear non-proliferation policy through the Nuclear Non-proliferation Act（ NNPA） of 1978,which even put more security assurance on the U. S. own commercial nuclear trade. Following the NNPA,the Carter administration tried to renegotiate with India to modify the U. S.-Indian Tarapur nuclear agreement of 1963,and requested India to accept full security assurance. When India refused the request,the Carter administration even decided to shut down the Tarapur nuclear supply according to the NNPA. However,when the Soviet invasion to Afghanistan happened in December1979,the Carter administration had to turn to maintain the Tarapur nuclear supply so as to discourage India’s further cooperation with the Soviet Union. It told a truth that the U. S. nuclear non-proliferation agenda had to serve and give way to the greater strategic goal of containing the Soviet Union during the Cold War.
In recent years,it is not rare for platforms to conduct price discrimination by taking advantage of their monopoly on information service. However,will discriminatory pricing have a heterogeneous impact on consumer welfare? The answer to this question requires an analysis of the source of price discrimination within monopoly platforms,in addition,the factors that influence the degree of price discrimination. This paper constructs an oligopoly multi-period dynamic pricing model from the perspective of reservation price which reflects consumers’ willingness to pay,discusses the impact of consumer heterogeneity on platform’s price discrimination,and further analyzes the impact of price discrimination on consumer surplus. The results show that,1) given the consumers’ willingness to pay,the heterogeneity of consumers determines the degree of price discrimination of platform. Monopoly platform is willing to offer lower prices to consumers with less willingness to pay,which will improve the welfare of this group and no damage would be led on the welfare of other groups. 2) In the case of endogenous consumer reservation price,that is,when the platform can control the consumer reserve price,the platforms price discrimination will distort consumer choice. As the platform’s monopoly position improves and its ability to price discrimination increases,monopoly platform has the power of raising consumers’ reservation prices by squeezing consumers’ choice space. The result will be forcing consumers to increase their willingness to pay,especially those with low reservations. Therefore,reducing the controlling power of monopoly platform over consumers’ willingness to pay is an important access to limit market distortion caused by platform.
Markedness and notion representation have influence on Korean speakers acquiring Chinese ditransitive constructions of “Giving”type. Chinese and Korean are different types in ditransitive constructions. Chinese is IOC/DOC type language,while Korean is IOC type language,so they have many differences in the order of dative R and theme T,the iconicity of dative construction,the postposition of heavy constituents and so on. According 584 sentences of Chinese ditransitive construction and their Korean transformation test,Korean native speakers overwhelmingly construct “A giving RVT”which is a prepositional objective modifier correlating to Chinese ditransitive constructions,while the unmarked ditransitive constructions “AVT giving R”are rare and in inactivated position; As for the marked Chinese ditransitive constructions,Korean native speakers’ acquisitions are confined to prototype “A giving RT”with high frequency of utilization which is lower than “A giving RVT”but with high bias errors. Probing its native language causes,many characteristics of Korean have transfer influences on native speakers acquiring Chinese ditransitive constructions,they include the unmarked features of Korean dative constructions and their order、the referent representation of the predicate “（ give/give to） ”of dative constructions、the referent representation of dative marker“ ”. Chinese as second language,its grammar acquisition study should correlate with language typology tightly. Especially with the introducing of cognitive typology conception,it can promote the international Chinese education further.
There are disputes, theoretically and practically, on whether non-status criminal can be established as the joint principal offenders in the status crime. In order to discuss this possibility, there should be theoretical premise as follows. Firstly, we should clarify if China adopts the distinct system legislation mode. Secondly, we should discuss whether non-status criminal could carry out part of the perpetrating acts in the status crime. Under the condition of distinct system legislation in China, the “accomplice” in Criminal Law of PRC and judicial interpretations should be explained in a broad sense. Non-status criminal can be established as the joint principal offenders of status crime by carrying out some of the perpetrating acts together with the status criminal and playing an important role in the joint crime. At that time, non-status criminal possesses the same principal quality and legal interests with status criminal.
中国的文学研究在上个世纪90年代发生了一次重大转型:从以作者、文本、审美为中心向以接受者、语境、文化为中心转移.在这次转型过程中,本土化了的"文化诗学"和"文学阐释学"起到了关键作用."文化诗学"的核心是"文化"而非"审美",旨在拓展文学研究的范围;"文学阐释学"的目标是文本所蕴含的社会政治、文化诸因素而不是文本本身结构与修辞,旨在追问"关于什么"和"为什么".这两种文学研究方法有着相近的学理逻辑,都注重文化整体性关联,强调对话性;都是侧重于"意义建构"而非"发现真相",都强调"生产性";对科学主义和本质主义的自觉抵制也是它们的共同之处.二者的区别也很明显,各有各的旨趣所在,并不能等量齐观.
住房抵押贷款是家庭获得住房的关键资金来源,也是银行资产安全的重要影响因素.现有文献表明借款人特征影响贷款风险,但未深入研究教育背景对房贷发放及其风险的影响.使用2005年1月至2015年12月中国某城市住房公积金贷款数据,基于借款人的违约成本和金融分析能力,考察其学历差异影响房贷发放及其风险的机制.实证研究发现,相比于低学历借款人,高学历借款人具有更高的贷款量、更低的提前还款和违约风险,表明高学历有利于降低房贷风险;相比于低学历借款人,高学历借款人在债务支付困难和违约成本上升时违约风险更低,在权益为正和贷款利率上升时提前还款风险更高,表明高学历借款人有更高的违约成本和更强的金融分析能力.
Digital technology provides a vast amount of information for judicial quality assessment, and can therefore improve the confidence level of the assessment. However, the value of big data for judicial quality assessment goes far beyond the expansion of the volume of judicial data. Clarifying the operational logic and practice of the big data model for judicial quality assessment is the basis for the realization of the technical capability and risk control of big data. The application of big data technology can change the top-down single construction logic of the traditional judicial assessment system, improve the quantity and quality of judicial data, and realize cross-border analysis of judicial assessment. In practice, there is a lack of understanding for the application of big data to the case workload measurement and quality assessment of adjudication as a basic model in judicial assessment, which is fundamentally a cognitive deviation from the “judicial big data application” in judicial practice. It should be clarified that the big data model of judicial quality assessment needs to be constructed with “data-driven” as the underlying logic, a unified “judicial big data corpus” as the construction basis, a sufficient amount of structured judicial data as the operational material, and a judicial blockchain as the operational carrier.
当下的阐释学大讨论,已经从概念的探讨进入理论建构阶段,实现了由"破"到"立"的转化.在此背景下,以典范的阐释现象为研究范本,将当下热议的一系列阐释学范畴融汇到中国阐释学实践中很有必要.先秦易学便是这样的鲜活范本.对《周易》经传关系的梳理,可以探讨传统易学中那些暌违了历史事实的所谓"非历史阐释"的表现形式和衡量尺度;对春秋"士易学共同体"的描绘,可以寻绎公共阐释的"有效性"等问题,更创造性地启发了先秦易学阐释的"士易学"阶段,为易学阐释史的分期断代提供新角度、新思路;而考察"士易学"到"儒门易"阐释范式的转变,正可印证"公共理性"的历史性及其"隐"与"显"等议题.总的说来,注重阐释效应的"公共阐释"研究,为先秦易学提供了新的视角和方法论,这种"自下而上"的阐释研究可以成为中国文学阐释学的鲜活样例.
