The Third Plenary Session of the 20th Central Committee of the Communist Party of China has proposed “deepening reform of the business registration system based on subscribed registered capital” as a crucial strategic initiative. This reform aims to strengthen corporate credit foundations, enhance transaction security, stimulate business investment, promote high-quality corporate development, and implement the core value system established by the Company Law (2023 Revision). Corporate credit, comprising capital credit, assets credit, and personality credit, serves as the material foundation for high-quality corporate development. However, the current system faces significant challenges due to vulnerabilities in three key areas: capital credit, asset credit, and personality credit. This study proposes a comprehensive framework with several crucial dimensions for reform implementation. First, it is necessary to rationalize shareholders’ capital subscription commitments by enhancing the presumptive validity of public disclosure thereof, facilitating a smooth transition to the new five-year maximum subscription period, implementing flexible administrative guidance, and strengthening judicial remedies. Second, it is essential to reinforce the justiciability of shareholders’ paid-in capital obligations through multiple mechanisms: improving the rule for accelerated maturity of capital contribution obligations, strengthening civil liability of shareholders for defective capital contributions, enhancing the supervisory function of joint and several liabilities among founding shareholders, establishing presumptive rules for full-chain joint and several liability in multi-tier transfers of defectively contributed equity, and enhancing the shareholders’ obligations on paid-in capital guarantee for transfer of equities corresponding to subscribed capital but not paid-in capital. Third, it is crucial to enhance transparency in capital subscription and contribution information through four major disclosure channels: business license documentation, articles of association filing, registration authority records, and the National Enterprise Credit Information Publicity System. The nature of corporate registration is a public information service that provides corporate registration information to the public. The disclosure of registered capital information has the effect of presumptive validity of public disclosure. It is recommended to convert all filing information into registration information to achieve a comprehensive integration of corporate registration matters and filing matters and to classify registration information into three categories: absolutely necessary, relatively necessary, and optional registration items.
In the past two decades,China's cultural industries have attained remarkable achievements,promoting innovative development in the cultural field.However,when viewed from the perspective of achieving carbon peaking and carbon neutrality goals,many cultural industry projects in China have been constructed rapidly without considering the local situation,resulting in a phenomenon of low-quality construction driven by cultural competition.Many types of cultural industries exhibit a significant group homogeneity,resulting in culture imitation phenomenon which is hardly noticed.Some cultural industries have extensive production methods,resulting in the cultural waste phenomenon.To solve these"high-carbon traps",the academic perspective of green development concept and digital governance provides us with ideas for addressing the issues above and exploring the high-quality development of the cultural industries.From the national perspective,digitization strategy takes the leading role in strategic guidance,including promoting intelligent governance,establishing systematic recording,monitoring,and evaluation mechanisms.In regarding the carbon as data factors,data platforms are built with effective feedback mechanism which stimulates public engagement so as to demonstrate the guiding role of green governance.From an urban-rural perspective,spatial thinking for urban and rural scientific planning should be established to avoid ineffective competition,including creating a local cultural atmosphere in urban and rural areas through cultural industry projects and using digital technology to promote scientific validation and industrial layout of cultural projects so as to promote interactive governance,to change the cultural investment mindset of local governments,and to establish a scientific decision-making model for cultural projects.From a corporate perspective,the economic growth pattern requires a transformation within the business sector,including promoting the acceleration of green production and avoiding inefficient and useless vicious competition in production so as to enhance the vitality of development at the micro level.model low-carbon businesses should be set.A low-carbon talent reserve team is built.Industrial upgrading is promoted.Thus,the development of green markets is guided,green brands are forged and the green production mechanism is built.From the perspective of individual consumers,green consumption habits can be cultivated,including enhancing the awareness of resource utilization and promoting the sustainable development of cultural consumption.Green development is not only a development mode of production but also presents many philosophical implications.The realization of green development and low-carbon economy in the cultural industries is not only a description of the prospects of future development state but also a new paradigm for holistic development thinking.It also provides a precise portrayal of the relationship between technology and culture.Reflecting on the digitalization of the cultural industries,we should be vigilant about the new high-carbon phenomenon brought about by digital technology.Based on a multi-dimensional framework encompassing culture,technology,consumption,and environment,we aim to make the new era's cultural industries a representative green development industry which demonstrates cultural vitality.It expands the connotation of green development and it is going to become an effective path to achieve cultural governance and social governance.
In the process of urbanization in China,some cities are undergoing a structural transformation from industrial society to post-industrial society.The transformation of urban form has led urban space to shift from a production-oriented approach to an aesthetic and"consumer society"approach.Originating from the industrialization era in Britain and the United States,community revitalization with the aim of restructuring mobile residents and rebuilding neighborhood relationships has undergone changes."People"are the core of community revitalization,which uses self-organizing governance as a tool and empowers culture,ecology,industry and space as the sustainable driving force of the community to achieve social production and public reconstruction. In the post-industrial era,population mobility,spatial heterogeneity,community networking and spatial symbolization have become the main characteristics of society.The revitalization of"people-centered"communities poses challenges to the integration of social production in society.At this point,the production of space,as an important dimension of social production,enters the domain of social governance.According to Lefebvre Henri's theory of the production of space,he regards space as the unity of the representation of space,representational space and spatial practice,which is the dialectic of spatial dimensionality.It is the unity of material space,spiritual space and social space.Scene creation emphasizes the unity of"concrete","image"and"practice"in community revitalization through the empowerment of"three-dimensional"space,which is based on the core of"people".It is a spatial practice process of social governance. In the context of the intersection of post-industrial society and the Internet era,scene creation emphasizes community revitalization based on"people-oriented"creation,and also emphasizes the"image-oriented"creation of space.It is based on the basic principle of"people in image"for the production of space,and uses"spatial links"as the path of creation to integrate space,culture,needs and emotions into the consumption and construction of community assets,thus achieving the sustainable development of the community.Community revitalization emphasizes human social attributes and social production,while scene creation emphasizes aesthetic experience of space and wealth creation through consumption.Scene creation based on spatial practice will effectively achieve the integration of social production and spatial production.The way to create scenarios for social governance innovation based on this principle is as follows:Realize social space production by reconstructing of settlement space for scene creation;Realize mixed value coupling by cross-domain spatial linking;Innovate spatial governance for scene creation by localized spatial social design.Finally,the integration of social production and spatial production of social governance in the process of post-industrial social transformation can be realized.
According to the traditional "Rational Agent" hypothesis, human behavior is influenced by self-interest motivation, so that altruistic assistance cannot occur. However, reality does not fully conform to this assumption. The occurrence of altruistic assistance is closely related to the actor's utility perception. The utility perception of actors determines their motivation. Altruistic assistance usually occurs in sudden and immediate scenes, so it is necessary to change the inquiry based on ex post facto perspective to pay attention to the rational decisions and judgments made by the parties in specific situations. The actor's internal thinking of utility perception will be influenced by many factors, including the promotion of social reputation, the increase of mood pleasure, the expected monetary reward, the tendency of loss avoidance, kinship value and personalized factors. This complicated psychological decision-making process forms a fuzzy decision-making path. The actor will make a decision by comparing the difference in utility perception between altruistic assistance and inconvenient assistance to determine whether his altruistic motivation can be stimulated, and finally decide whether to provide assistance. To explore the above problems, we need to think on many levels. First of all, we should analyze the scope and connotation of altruistic assistance from the dual perspectives of behavioral mechanism and current legal provisions, and clearly define its applicable scenarios and scope. Second, it is necessary to explore the influence of different variables on the utility perception of actors, and then affect their motivation and behavioral performance. Finally, it is important to evaluate the benefits and drawbacks of various governance approaches and to recognize that relying solely on singular measures such as punishment, reward, or protective measures is insufficient to solve complex problems. As an exogenous variable, the system should exhibit a degree of adaptability to encourage the emergence of altruistic assistance behavior. Compared to traditional direct intervention legal means, indirect influence and the boost regulation of reputation mechanisms can better stimulate altruistic assistance behavior. This goal can be achieved by establishing a public welfare contribution quantification and account management system. The basic concept of this system is to quantify the contribution of altruistic assistance behavior to social welfare as "public welfare credits"and establish personal accounts for fractional savings and recycling. This creates behavioral incentives and encouragement for rescuers. First, it combines the advantages of reward intervention and weakens its shortcomings to some extent, realizing the incentive mechanism of weak reward behavior. Second, since it is not directly tied to money, it weakens the possibility of malicious collusion, and can serve as a pre-audit mechanism for subsequent honors or financial rewards, playing a firewall role. Third, this mechanism can reduce the possibility of false accusations. Finally, it includes the role of protective intervention, which strengthens the retention of behavioral evidence and breaks the information asymmetry. The establishment of this system eliminates behavioral dilemma resulting from the assumption of rational people's self-interest and achieves the integration of internal incentives and external constraints. It provides greater opportunities to stimulate altruistic assistance behavior.
The time-honored academic tradition of interpretations of the classics in Chinese civilization had formulated what might be called the"Chinese hermeneutics"which exhibited sui generis character.This sort of hermeneutics with Chinese characteristics comprised at least three types in essence,namely,(a)praxis hermeneutics,(b)life hermeneutics and(c)political hermeneutics.All of three types of Chinese hermeneutics shared one ingredient in common,namely,the"practical learning".The spirit of practicality exhibited itself in the proposal of statecraft,art of politics and the enhancement of one's life. The manifestations of the three types and their problem of"Chinese hermeneutics"can readily be observed.The praxis hermeneutics had contributed a great deal to the construction of Chinese philosophy as proposal at the expense of ontological hermeneutics.The Chinese interpreters of the classics had been fascinated not only with the interpretation of the world,but also the changing of the world.Therefore,there had been under-development of ontology and epistemology in the praxis hermeneutics of China.The life hermeneutics in China was primarily expression of the interpreters'inner life.This type of Chinese hermeneutics exhibited the inter-involvement between"the past"and"the present"as well as"faith"and"scholarship".The Chinese life hermeneutics aimed at transforming one's own moral self through interpreting the classics.However,a problem of interpretive anarchism might embed itself in this type of life hermeneutics.In the political hermeneutics in China,interpreters placed priority of art of politics over political philosophy.They also assigned priority of moral judgment over factual judgment.A problem of political reductionism can often be observed in the political hermeneutics in China. To conclude,the viable research method of Chinese hermeneutics lies in the method of intellectual history.That is to say,the interpretations of the classics have to be contextualized in their temporality and spatiality.The method of contextualization may lead to a construction of methodology of Chinese hermeneutics in the 21st century and beyond.
In modernizing China's national security system,it is crucial that a comprehensive and well-structured national security legal system is established.This legal system should be highly systematic and coherent and establishing clear system boundary is the prerequisite for achieving this goal.The existing research has not defined the boundary of national security legal system,which makes it difficult to promote the systematic construction of national security law.Samples from the national security legal system constructed by the National People's Congress and its Standing Committee and other narrow national security laws are analyzed so that the system construction logic and functional orientation of the national security law can be derived through the method of induction and summarization.The construction of the national security legal system adheres to three construction logics:"important areas of national security","safeguarding national sovereignty,security,and development interests",and"coordinate development and security".The potential extent of the national security legal system's boundary can be determined internally through these construction logics.The functional orientation of the national security law is solving the national security problem and the general security problem that may easily transform into the national security problem.Since the national security law is a field law,its applicable objects are social relations related to solving the national security problem and the general security problem that may easily transform into the national security problem.Based on the applicable objects,the national security law can be distinguished from other security laws and laws from other branches from the external path.Driven by these three construction logics,the boundary of the national security legal system continues to expand outward.Other security laws and laws from other branches will be transformed into new national security laws and incorporated into the national security legal system.However,through the combination of these two approaches,the national security law is able to maintain clear boundary and distinguish itself from other laws even amidst continuous expansion.The demarcation of boundary within the national security legal system distinguishes it from other laws and establishes a network of interconnected and complementary legal norms,ensuring internal logical coherence.Consequently,the national security law can progressively evolve into a more mature independent legal branch.The system boundary of the national security law should be further defined before it evolves into a fully established legal branch.The legislator may compile a comprehensive set of national security laws,put"safeguarding national security"in the text of the law,or indicate the functional orientation of safeguarding national security of the law in the draft.To enhance the systematization of national security legal system,we should adopt"solving the national security problem and the general security problem that may easily transform into the national security problem"as the guiding principle,integrating laws and legal institutions within the national security legal system.
In order to effectively respond to a possible financial crisis,China needs to further strengthen its financial stability legislation.In order to ensure the scientific nature of the legislation,it is necessary to sort out the historical context of financial crisis events in modern times and explore the logical relationship between financial crisis,financial stability and financial rule of law.Through the analysis of major financial crisis events in modern times,it can be seen that the construction of China's financial stability and rule of law should attach great importance to the economic and social background of the financial crisis,the main factors affecting financial stability,and the important role of the rule of law in maintaining financial stability.The financial crisis has deepened the understanding of the meaning of financial stability,deepened the understanding of the main factors affecting financial stability,and highlighted the importance of the rule of law for financial stability.The financial crisis can be seen as an abnormal imbalance in financial stability.The main factors affecting financial stability include high financial leverage,financial cycle,real estate industry cycle fluctuations,financial innovation and other factors.The real need for financial stability inevitably requires an effective response at the level of the rule of law.In modern society,finance is an important core competitiveness of the country and plays an irreplaceable role in promoting economic development and maintaining social stability.Based on the need to prevent and respond to financial risks,all countries in the world generally attach importance to the construction of financial stability and rule of law.As far as China's current actual situation is concerned,in order to effectively respond to the current possible financial crisis,it is urgent to establish and improve China's financial stability and rule of law system in an all-round way from multiple links such as legislation,law enforcement,judiciary and law-abiding.Financial stability legislation is the basic link in the construction of financial stability and rule of law,and to further strengthen the construction of China's financial stability rule of law,we must vigorously promote the process of China's financial stability legislation.At present,all sectors of Chinese society have reached a basic consensus on the necessity and feasibility of enacting the Financial Stability Law,and the time is basically ripe for the introduction of the financial stability law.China's financial stability legislation should pay attention to systematization and coordination,adopt a comprehensive legislative model,pay attention to the connection and cooperation between relevant laws and regulations,and give full play to the synergy between different laws.At the same time,China's financial stability legislation should also be based on China's reality,accurately grasp the current major financial risks in China,properly establish the relationship between the powers and responsibilities of the central and local governments a s scientific and rational way,attach importance to and strengthen the exploration of local financial stability legislation,and formulate a financial stability law that truly conforms to China's national conditions.
The inter-regional social mutual aid has always been a fine tradition of the Chinese nation.With the continuous improvement of residents'participation and the application of information technology,the third distribution is gradually showing obvious trends of larger spatial scope,higher spatial ubiquity and stronger regional interaction than ever before,which may constitute a new contradictory dimension of the third distribution.The distinct spatial nature of the third distribution is revealed by analyzing the characteristics of the spatial differentiation and dislocation agglomeration of the participants in the third distribution,the regional difference of the supply and demand structure of the distribution objects,the geographical roots of the institutional system and the social environment,and the spatial imbalance of the basic support system.Therefore,it reflects the objective necessity of unblocking the third distribution channel among regions and improving the overall inter-regional linkage mechanism,and also shows the important role of regional coordinated development in the third distribution.Obviously,we must face the basic facts of regional development gaps and structural differences,strengthen cohesion management with the regional coordinated development strategy from the top,and actively build the overall promotion framework of inter-regional third distribution.By promoting spatial links between different income groups,strengthening the overall integration of supply and demand at the regional level,deepening the overall coordination of promotion mechanisms among regions,and strengthening the interconnection of basic support systems,the inter-regional third distribution not only helps to provide a broader geographical platform for the third distribution,but also helps to increase the supply of targeted policies and promote coordinated regional development,which constructs its overall coupling effect of national major strategies and the value of policy cohesion.Standing in the new historical period,the activities of the third distribution will be more widespread and generally take place in a larger geographical area,and the spatial omnipotence of the distribution subject and the regional interaction frequency of behavioral activities will become increasingly dense.With more prominent policy positioning,higher level of promotion pattern,more perfect mechanism design and more effective promotion methods,the policy environment and basic conditions for coordinated promotion of inter-regional third distribution are basically in place.To improve the overall level of development and actual contribution,we should make in-depth explorations in such areas as clarifying the position and policy functions of inter-regional third distribution in relative institutions,guiding the spatial linkage and reasonable flow of different income groups,improving the spatial incentive mechanism of social participation,enhancing the resource acquistion and endogenous transformation of low-income groups in less-developed regions,and strengthening the regional integration and precise allocation of various forms of mutual assistance.
The marginal optimization model of neoclassical economics constitutes the core theorical framework in the economic analysis of law,whether from the positive level or the normative level.As the neoclassical economics based on the rationalism tradition abandons the classical economics based the empirical tradition,so it does not effectively explain the real world.Although the neoclassical economics sets up an optimal equilibrium system with the help of mathematical tools,such as calculus,but this absolute thinking to find the optimal result has become a kind of theoretical fictionalization.For example,the theory of optimal standardization in economic analysis of property law is a typical theoretic example of neoclassical economics based on the philosophy of rationalism"invading"the science of law.However,not only its five theoretical hypotheses,such as the externalized information cost,a new type of property rights trading market,the existence of the numerous types of property rights simultaneously,the incremental type of property rights in the real world only with the information cost and the frustration cost,and the perfect rationality and the perfect information of the decision-makers,cannot be tested by the real world,but also its logic of argumentation based on the internalization of externalized information costs cannot be justified. Based on the theoretical judgment,we find the logical relationship between positive economics and normative economics which is implied"the logical fallacy of denying the antecedent".Also,we show that this logical fallacy determines the theoretical framework of economic analysis of law directly and the theoretical failure of its application in law indirectly by way of transition theory agent of the Coase theorem,whether the rule-making of legislative level or the application of law of judicial level. Specifically,1)economic analysis of law insists that the optimal standard that should have been achieved at zero transaction costs(the optimal amount of property rights,the optimal amount of prevention,the optimal amount of evidence,etc.)is the natural goal for law to pursue,however,the problem lies in the fact that since the prerequisites for realizing the optimal standard are simply not available,this normative pursuit not only lacks practical feasibility and legitimacy,but also lacks social traditional roots and historical sense of institutional development.2)in economic analysis of law,the role played by law is to try to design the optimal legal system in the corresponding cost-benefit equation for x and y,respectively,to take the minimum value of the partial differential.But the problem is that in the real world there are no such absolutely optimal systems based on optimal criteria.3)in the marginal optimization model of legal economics,the law is seen as the"savior"of the problem of negative externalities,and the legislator or judge has the ability to set different kinds of optimal standards to maximize social welfare or minimize social costs by internalizing external costs.The problem with this theoretical framework,however,is that it fails to examine specific legal rules as a system at all,which leads to a complete failure to consider not only the costs of defining and operating the law,but also the difficulty of effectively assessing the real-world impact of specific legal systems.
In the Internet era,new media such as Douyin and Netflix constantly emerge,bringing great opportunities for the international communication of Chinese films.In this new situation,tremendous changes have taken place in the international communication of Chinese films.First,the diversification of communication media provides media support for the international communication of Chinese films.The fast development of Chinese domestic media in international communication,represented by TikTok,Douyin's international version,provides media support with Chinese discourse attributes for the international communication of Chinese films.This change provides a new"immediate feedback"mechanism for the international communication of Chinese films:audiences can freely speak out,choose,and freely combine into"tribes"on streaming platforms,which is completely different from foreign countries where overseas films are imported and then release them in theaters with a"top-down"method.This kind of immediate Internet communication does not go through theaters,bypassing the distribution stage,and targets the audience by the algorithms.The audiences also become communicators in the communication chain after watching films.Second,under the impact of Covid-19,the composition,psychology and viewing habits of the audiences for Chinese films have undergone great changes-young people have become an important target of current films;audiences tend to favor imagination consumption films and realism films,as well as online streaming.These two new changes let us rethink Chinese films'international communication in terms of concepts and paths.The data of overseas box office,the composite index of online media platform communication,and the feedback index of audience online platforms have shown that imagination consumption films,new mainstream films of military/rescue/anti-war themes,and realism films play significant roles in the international communication of Chinese films.These genres reflect the international audiences'"Chinese cultural imagination"and"new era Chinese imagination"of Chinese films.This paper has found that Chinese films with high communication power on international media platforms have a consistent pattern:in terms of content,those fantasy/magical imagination consumption films that show China's"mysterious subculture"and"marginalized folk culture"and those realism films that show contemporary Chinese society have great potential for international communication;in terms of genres,films with global and universal themes such as youth,love,and war,and films on fantasy and martial arts with Chinese local cultural attributes,as well as military/war-themed films that express the"imagination of China's military power"have great development potential.In the Internet new media era,the international communication of Chinese films can be explored from five dimensions.In terms of genres and styles,focus should be on the development of imagination consumption films,new mainstream films and realism films.In terms of the design of stories,more Chinese stories that can elicit strong empathy should be told.In terms of communication methods,multiple streaming media platforms for communication should be used.In terms of character development,emphasis should be on the development of more lovable and respectful Chinese heroes.In terms of communication strategy,we should explore"co-production"communication with the help of International film festivals,and create"brand communication".
The development of the digital economy is a process of economic full-field and autocorrelation creative destruction caused by the reconstruction of production function by data and its associated factors.Data elementalization is the basis for the realization this long-term dynamic equilibrium process.As an increasingly important factor of production,data has entered the industrial field,promoted the formation of digital industrialization and industrial digitalization,and coupled them,resulting in a typical dynamic study of digital transformation.In the process of transformation,new elements such as data,smart devices and digital skills are increasingly embedded in the production function,triggering profound changes in production and consumption,and providing new steady-state support points for long-term economic growth through the dynamic evolution of a new binary structure.The heterogeneity of digital transformation across firms and industries will shape a new binary structure that differs from the Lewis model:With the proliferation of digital devices,labor in industrial sectors whose experience and practices are easily coded and optimized will be significantly differentiated,requiring only low-skilled labor for simple digital operations and high-skilled labor for highly specialized and complex work content,while displacing middle-skilled labor with experience.On the other hand,codifiable work in the R&D sector will also be replaced by digital intelligence,and the relevant high-skilled labor will chase the income premium and create incentives to move to the industrial sector or to perform outlier innovation and knowledge discovery work that cannot be digitally codified.The relative surplus of high-skilled labor in the R&D sector and the rising premium of high-skilled labor in the industrial sector form the basis of the new dual economy.As high-skill reallocation progresses,the productivity and applied innovation capabilities of the industrial sector increase significantly,while the R&D sector focuses innovation resources on outlier innovation and knowledge discovery activities to support long-term economic growth until the economy reaches a digital steady state.The dynamic development of the new dual structure will reshape the pattern of economic geography.With the deepening of digitalization,the dependence of urban development on traditional industrial location factors will weaken,innovation activities and intelligent manufacturing will become more and more important,innovation clusters will replace industrial clusters as the source of competitiveness of future urban growth poles,and the economic geographic pattern corresponding to the steady equilibrium of the new dual structure is the formation of a"smart belt"region with complementary technologies.While building a new development pattern,digital transformation has also brought challenges such as digital trap,digital development gap and global digital competition:digital trap means that the economy falls into a low level of steady equilibrium,digital development gap threatens the stability of social and economic transformation,and global digital competition refers to China's future world economic status.Economic policies need to make targeted long-term dynamic adjustments,taking full account of transition risks and uncertainties,in order to ensure the transition of the economy to a high-level steady state system.
In 2021,the revised Civil Procedure Law of the People's Republic of China established the"principle of equivalence"for online litigation in Article 16,granting legitimacy to all online litigation activities.This has resulted in a parallel situation between online and offline litigation in China.However,after conducting a questionnaire survey,conducting interviews and carrying out evidence-based research through extensive case retrieval,results show that there are issues with the fragmented application of civil evidence rules in online litigation in China.The fragmentation refers to the discordance in the application of civil evidence rules in online litigation activities,resulting in the legal separation of different civil evidence utilization activities due to differences between online and offline operations.Specifically,this manifests in a one-sided understanding of online litigation,the contradiction between insufficient and uneven legal provision and the rapid development of internet justice,and the issue of submitting original evidence.For instance,there may be a time gap between the submission of original evidence by parties and the court trial,the trial may become a"de-theatricalized"judicial mechanism in terms of evidence collection and interrogation,and there is a high risk of evidence information leakage.The reasons behind this fragmentation lie in the conflict between traditional dispute resolution concepts and the need for more diverse judicial services.Courts only provide judicial services for dispute resolution,but parties require more impartial,efficient,and convenient judicial services.Another issue is the contradiction between abstract regulations and the practical requirements of online litigation.Article 16 of the Civil Procedure Law lacks appropriate supporting rules and operating norms.Finally,there is a conflict between platform construction and the needs of judicial practice.For example,there is a lack of compatibility and coordination between online litigation platforms and other intelligence data platform,inadequate supporting infrastructure for the operation of online litigation platforms,a lack of theoretical guidance for the development of online litigation platforms,and information security is still in its early stages of development.In order to alleviate the fragmented application of civil evidence rules in online litigation,firstly,it is necessary to establish a service concept for online litigation and to implement this service concept in the overall construction of"intelligent court",fully leveraging the guidance role of judges in the application of civil evidence rules.Secondly,the online litigation evidence rules must be improved,including establishing the system of evidence disqualification,strengthening court rules,and constructing civil asynchronous trial rules.Finally,a unified and secure evidence platform must be established,including a collaborative evidence collection platform for Whole-web intelligence data platform,an evidence transfer platform made by the cooperation between China Post Group and commercial insurance companies,and an efficient and transparent cross-examination platform.By the above measures we can effectively solve the fragmentation problem of the application of civil evidence rules in online litigation and achieve sustainable development of online litigation.
Marxism and fine traditional Chinese culture have different origins,but they are highly compatible with each other.The main innovation of the article is to analyze the intrinsic foundation of the combination of the two based on the framework of"triple levels and six dimensions".Specifically,in the"triple levels and six dimensions",the triple levels refer to the compatibility in theoretical nature,spirituality,and values,and the six dimensions refer to the two key perspectives of each level.The first level is explored in terms of the compatibility in theoretical nature,which involves the fitness between the open and tolerant cultural genes of fine traditional Chinese culture and the opening theoretical character of Marxism,and the fitness between the revolutionary cultural genes of fine traditional Chinese culture and the developmental nature of Marxism.This is because theoretical systems that are closed,narrow,and exclusive to individual nations and national cultures are difficult to recognize by people of different national cultural backgrounds.Thus,the compatibility between the two on the broadest level of their theoretical natures provides the prerequisite for the combination.Second,the compatibility is explored from two dimensions of the spirituality,which is mainly reflected in the fact that,on the one hand,similarities in dialectical thinking can be found between fine traditional Chinese culture and Marxism in terms of the connotation,foundation,and substance.On the other hand,fine traditional Chinese culture attaches great importance to the spirit of practice or practical temperament,which is similar to the Marxist theory that emphasizes the inner unity of theory and practice,and there is a similarity in the spirit of practice.This level of fitting promotes the spiritual proximity of the two and is a key factor in the combination of the two.Third,the compatibility is analyzed at the level of values,which is mainly reflected in the two dimensions of the people's view and the social view.Specifically,although the two were created at different times and from different sources,the people-oriented ideology of fine traditional Chinese culture,such as the people as the basis of the state,is compatible with the historical view of the masses and the pursuit of an ideal society,such as the world for the common good,has a high degree of compatibility with communism,which is the intrinsic rationale for the combination of the two.The in-depth exploration of the compatibility will integrate the essence of Marxism with fine traditional Chinese culture,advance the combination and mutual achievement of the two,constantly opening new chapters in adapting Marxism to the Chinese context and the needs of the times in the new era.
This paper examines the grassroots practice of community group purchasing and explores the possibilities that platforms offer for reshaping grassroots connections.Traditional communication studies have historically viewed media both as a means to increase the efficiency of grassroots community communication and as a tool to strengthen community identity.However,as we witness the rise of the platform society,this paper argues that it is essential to reassess how media influence the fundamental logic of grassroots governance. To address this issue,this study used in-depth interviews as its research methodology.In 2022,interviews were conducted with ten group leaders and participants who organized community group purchasing during a public health crisis.In addition,participatory observations were conducted in two group purchasing communities. Platform logic is a key concept in platform studies theory,with scholars such as van Dijck and others at the University of Amsterdam suggesting that platform logic not only represents the mode of operation of platform firms,but also embodies the principles of practice and value ideologies that permeate public life through the process of platformization.Specifically,platform logic refers to the algorithmic and data-driven ecosystem led by platform firms that changes the basic rules of public social relations and organization.In this context,this study finds that,unlike previous approaches to community group purchasing and grassroots governance,the innovation in the reorganization model stems from instances where community group purchasing re-emerges in the unique context of"platform dysfunction." On the one hand,the operation model of community group purchasing,characterized by data-driven integration of residents,open and free participation,and extensive connections to social capital,creates data nodes for grassroots individuals.On the other hand,by coordinating group purchasing activities,group leaders become the central nexus at the grassroots level,unleashing the vast potential of grassroots participation in governance and public services.Unlike previous grassroots organizing processes,this reorganization process is triggered by the purchase of goods and is initiated and voluntarily participated in by residents,covering almost all households in the community.It is built on a foundation of data nodes that are open to participation and layered with social capital.In such a context,community group purchasing serves the reorganizing function of meeting basic needs and maintaining social stability. More importantly,on the basis of group purchasing groups,the grassroots community forms temporary contracts for self-management services,a negotiation system with neighborhood committees and property management,and organizational forms for emotional support,mutual aid,and self-help,creating an online self-service system for grassroots residents.While the collaboration between the market and technology has undoubtedly provided effective incentives for community group purchasing in terms of scale and participation,it also raises concerns about the allocation of scarce resources and the embedding of personal interests within the"hidden decision-making layer". At a more fundamental level,beneath the interplay of platform logic,market and community,group leaders,through their deep engagement with data and social capital,are transforming the traditional binary governance relationship of"informing and being informed"into a multifaceted interface that enables residents to engage broadly in grassroots affairs.This transformation represents the potential for grassroots reorganization mechanisms to increase their vitality.
Strong judicial protection of intellectual property rights is the key to achieving innovation-driven development.It is an inevitable choice to accelerate the realization of self-reliance and strength in science and technology,and promote the construction of China's technological powerhouse.Taking the establishment of intellectual property courts and tribunals in China as a natural experiment,the study examines the impact of enhanced judicial protection of intellectual property on technological innovation.The study finds that:(1)Intellectual property courts and tribunals inhibit the innovation activities of utility model patent,but have a promoting effect on the innovation activities of invention patents,and this effect has a one-year time lag.(2)Intellectual property courts and tribunals can improve the trial efficiency of invention and utility model infringement disputes,and limit the abuse of patent rights.(3)The promoting effect of intellectual property courts on invention is better than that of intellectual property tribunals,but the inhibiting effect on utility model is less than that of intellectual property tribunals.(4)The effect of intellectual property courts and tribunals on invention patent and utility model is more obvious in regions with lower legal service level and poor market environment.Therefore,it is necessary to make some changes in practice.First,establish a strict system for utility model patents,reduce the proportion and quantity of utility model patents,and gradually break away from dependence on low-level inventions and creations.The utility model system can be reformed to actively improving the examination standards and intensity of the utility model patent system,reduce the scope and intensity of its protection,guide inventors to reduce excessive use and dependence on the utility model system,and encourage them to focus on higher-level inventions and creations,such as proposing higher novelty standards for utility model at the examination stage,and strictly controlling the quality of patent authorization.Second,the protection period of utility model should be flexibly adjusted by changing the original unified and fixed protection period into a protection form including basic protection period and extended protection.This adjustment method not only raises the authorization threshold for utility model patents,but also reduces the judicial protection,balances the interests in patent contracts,and creates significant differences between the utility model system and the invention patent system,so as to ensure that the institutional space of invention patents is not squeezed and encroached by utility models.Finally,we will continue to deepen the reform of the intellectual property judicial trial system,flexibly establish intellectual property courts or tribunals based on the size of regional intellectual property,and consider whether to implement a circuit trial system for intellectual property courts.At the same time,we will establish and improve the judicial precedent system and the technical investigation officer system for intellectual property cases,further improve the trial efficiency of technical cases,and make full use of the positive effects of the reform of the intellectual property judicial trial system.
The Confucian ideological system is rooted in the Six Classics,and since its inception,it has accompanied the activities of document collation and text interpretation.The process of canonization of these classics and the continuous expansion of their meaning,especially after long-term continuous interpretation,have formed the mainstream of Confucian classics that has lasted for more than two thousand years.Around these exegetical activities,the development of Confucian classic annotations presents a variety of styles and forms with a very rich content,which requires discrimination in order to comprehend the complex links in these classic interpretation activities,and to delve into the historical context of the development of Confucian classics. The exegesis of the Six Classics can be roughly divided into two types with regard to the exegetical text type over time and the accumulation of documents.One is the direct explanation and explanation of the scriptures,and the other is the continuation work based on previous understanding,including the explanation of various past understandings.The former is called"Zhuan"(explanations),and the latter is"Shu"(commentaries).Direct understanding and interpretation activities of the Six Classics have formed the initial interpretive text,which is"Zhuan"and"Ji"(Records).And subsequent works dedicated to the philological interpretation,dictionary entries,and exposition of scriptural meaning are more manifested as annotations.These works that pay attention to and try to further explain the early meaning of the Six Classics have formed a large number of different types of second-order exegetical works.In terms of text style,in addition to the first-order"Zhuan"and"Ji"and the second-order"Yi Shu"(commentaries on the meaning),there are also a large number of ways and names,some similar to"Zhuan"and"Ji",some similar to"Yi Shu",or combined with the characteristics of both,between the two types of exegetical works,or not annotating works but involving related issues about scriptural meanings.In a broad sense,except for works directly explaining"classics"such as"Zhuan"and"Ji",all second-order texts that need to face both"classics"and"Zhuan"belong to the category of"Yi Shu".As for the time of writing,from Wei,Jin and Southern and Northern Dynasties to Jin Dynasty,they can be roughly classified into this category.In terms of names,the second-order exegetical works are more diverse in expression and complex in form.Some are extensions of previous categories,but their connotations have changed more or less,while more are newly emerged names or variations in form. The history of Confucian classics development over two thousand years has different backgrounds for different periods,resulting in complex exegetical patterns in methodology.These need to be sorted out and discriminated.
为深入研究阐释党的二十大精神，探索中国式现代化的核心内涵、实现路径及其重大意义，2022年11月25日，《山东大学学报（哲学社会科学版）》编辑部在线上举办“党的领导与中国式现代化”高端论坛。山东大学校长助理、青岛校区党工委常务副书记邢占军出席开幕式并致辞。他表示，要通过本次论坛研讨，进一步提高对党的二十大精神的研究阐释力度，也希望学报以此为契机，持续提高办刊质量。论坛由山东大学人文社科期刊社社长、《山东大学学报（哲学社会科学版）》主编魏建主持。
党的二十大报告指出,要推动形成绿色低碳的生产方式和生活方式.以新能源汽车消费为研究案例,采用问卷实验的研究方法,全面系统讨论经济成本因素、社会文化因素和技术因素对我国城市居民绿色低碳生活方式的影响,对推动全社会形成绿色低碳的生产方式和生活方式具有重要意义.分析表明,经济成本因素与技术因素并不能显著影响我国城市居民新能源汽车消费意愿,而社会文化层面新能源汽车的普及则会显著提升居民的新能源汽车消费意愿;进一步分析显示,社会经济地位显著地调节了经济成本因素与新能源汽车消费意愿的关系.以上分析对理解我国居民绿色低碳生活方式转型乃至实现人与自然和谐共生的中国式现代化具有一定的理论和政策启发意涵.
以发展经济学观照"中国模式",其所蕴含的人的全面发展理念具有三个指向,即追求最广大人民利益最大化的经济现代化、基于全民社会均衡福利的经济社会化和关联人类命运共同体的经济全球化.我们应从文化经济学视野,反思和纠正韦伯判断的欧洲中心主义偏见,结合东亚奇迹的价值观有效性,建立对于中国现代经济发展的文化基因与"中国道路"的自觉自信.在当代态和历时态分析的基础上,通过回归到中国的内生人文经济学的系统性分析发现,"以人为本"在中国发展道路上一以贯之,中国始终秉持着"人文化成"的和平发展观,具体在当下就是文化强国赋能经济高质量发展.
"双碳"目标下,我国倡导绿色消费,努力推动形成绿色低碳的生活方式,绿色低碳消费转型成为一场极其深刻的生产生活方式的革命.现有广泛应用的治理策略大都强调消费者的个体能动性,政府、企业、媒体、社会组织等利益相关者努力引导,根本目的是通过改变消费者(如态度观念、消费习惯等)来改变消费行为,而忽略了消费决策是社会性、集体性的产物并且受到结构性的约束.GICL治理体系强调系统性和结构动力,旨在发挥政府、企业、科研机构、媒体、社会组织、消费者等多个主体的能动性,激活社会治理、社会创新、社会文化营造和社会生活方式构成的结构动力系统,通过促进绿色低碳消费从而推动整个系统高质量发展."去中心化"的系统配置强调发挥多个主体能动性、多重实践协同,既不同于以消费者为"核心"的治理体系,也不同于以政府为主导的治理体系.该体系也具有较强的实证性和应用性,能够与现有的低碳消费治理思路和治理体系对话,促进我国低碳消费治理体系不断完善,有助于构建基于我国发展实践的低碳话语体系.
