ABSTRACTS

Internet Application and the Factor Bias of Technological Progress in China（4）

Zhao Wei，Zhao Jiahua

（College of Economics，Zhejiang University，Hangzhou 310027）

Abstract：The development and popularization of the Internet has not only being changing our lives greatly, but also doing the bias of technological progress at the industrial and enterprise levels.With making use of the existing model on technology progress bias, this paper analyses the mechanism of the factor bias effects of the technology progress of the Internet application, and does an empirical work.The research shows that the Internet application can be integrated into the existing model and do theoretical expansion; the popularity of the Internet tends to strengthen the labor factor bias of technological progress and weaken the capital factor bias.The empirics based on China's provincial panel data also support this theoretical inference.The practical significance of this conclusion is that the popularity of the Internet has a promoting effect on employment and labors’income rather than capital efficiency.This conclusion is also consistent with the following findings of the academic research in recent years, the investment efficiency and capital output ratio in China tents to declining.The policy implication of the study is that government should focus on improving the efficiency of capital output in order to correct the negative impact of labor bias in technological progress.

Key words：internet；technical progress bias；factor productivity

The Influence of Manufacturing Enterprise’s Business Model Innovation on Value Creation under Synergetic Innovation——A Dual Mediating Effect Research（14）

Xu Lei，Yan Shangli

（School of Business Administration，Zhejiang Gongshang University，Hangzhou 310018）

Abstract：With the increasing trend of innovation synergy and value creation systematization，business model innovation featured by above tendencies is gradually becoming the main source of value creation，but its inherent mechanism is unclear.To fill in this gap，this paper systematically reviews literature on business model，value creation and the relationship between them.And then，it analyzes the intrinsic mechanism of business model innovation on value creation through the network ties strength and the breadth of technical information source.A 235 sample empirical analysis of manufacturing enterprises shows that：（1）Efficiencyoriented business model and novelty-oriented business model have a significant positive effect on value creation，respectively；（2）The network ties strength and the breadth of technical information source each play different mediating roles in“business model innovation-value creation”process，to be specific，efficiencyoriented business model mainly promotes value creation through the network ties strength，while novelty-oriented business model influences value creation primarily through the breadth of technical information source.

Key words：business model innovation；strength of network ties；breadth of technical information source；value creation

On“Customs May Be Followed”and“Shall not Violate Public Order and Good Customs”（23）

Xie Hui

（Institute for Human Rights，Guangzhou University，Guangzhou 510006）

Abstract：“Customs may be followed”means that laws endorse authority to courts and judges，whereby judges obtain the power of discretion of“customs may be followed”.However，exercising this power has to be within the limit of the rule of“shall not violate public order and good customs”.This is a kind of compulsoryrestriction imposed by the law on the court and the judge，which requires people not only explore problems of customs seriously but also categorize them at the level of science principle.Studying the problems of public order and good customs and categorizing them is also needed.Only by this can make judges identify and apply for customs in cases according to which they can build the criterion of judge in accordance with rules of“shall not violate public order and good customs”.And it can embody creativity with the help of filling legal loopholes，improving judicial systems and exploring judicial precedent systems.

Key words：custom；public order and good custom；discretion；judge

Clinical Practice Guidelines and Medical Malpractice：with the Purpose of Compilation of the Civil Code（38）

Xiong Jingwen

（Law School，East China University of Science and Technology，Shanghai 200237）

Abstract：In China，Clinical Practice Guidelines（CPGs）have always been considered as the crucial evidence for establishing physicians’standard of medical care and determination of medical malpractice.The legislation and appraisal-reliant situation both contributed to this phenomenon.Based on reflections of the dominant position physicians have，and the analysis of CPGs and medical malpractice theory，CPGs should not be given determinative weight in the malpractice litigation since they are unable to present the standard of care comprehensively.Tort Law of the Civil Code being edited has to make some change on this.We have to consider substantively whether the physician is compliance with the standard of care.

Key words：clinical practice guidelines；medical malpractice；standard of care；civil code

The Study of the Difficulties and Causes of the Judicial Liability for Misjudged Cases in the Qing Dynasty（48）

Bai Yang

（Law School，F(xiàn)udan University，Shanghai 200433）

Abstract：The Qing Empire established the system of judicial liability for misjudged cases characterized by joint liability and results-oriented of the doctrine of liability fixation to avoid misjudged cases.However，the system encounters difficulties in operation，that is，local officials form a community of interests to resist the system and evade liability.In fact，the reason for this situation is that the system design is contrary to the established goals.Due to the unattainable target and the strong pressure of punishment，officials have to make evasive response，making the system fail to achieve the target in operation.

Key words：judicial liability for misjudged cases；joint liability；results-oriented of the doctrine of liability fixation；evade；inconsistent

The Relations between the Government and the Chamber of Commerce and their Cooperative Path——A Fuzzy-Set Qualitative Comparative Analysis based on 34 Chambers of Commerce in Hangzhou（56）

Xu Yueqian，Lou Xinxin

（School of Public Administration，Zhejiang Gongshang University，Hangzhou 310018）

Abstract：The acceleration of the marketization process and the maturity of the social governance system continues to shape the relationship between the government and the chamber of commerce.The development of the chamber of commerce in different places provides a unique perspective for understanding the relationship between the government and society.Through the investigation of 34 chambers of commerce in Hangzhou，we used the fuzzy set qualitative comparative analysis method and selected the government’s cognition，government resource support，chamber of commerce willingness，chamber of governance，and chamber influence as conditional variables.The cooperation behavior between the government and the chamber of commerce is outcome variable.The study found that the formation of cooperation between the government andthe chamber of commerce is a combination of many variables.It can be summarized as three paths of cooperation：“resource-supporting”，“overall empowerment”and“endogenous development”.The internal governance capacity of the chamber of commerce is to promote the government and the core element of the formation of the chamber of commerce.

Key words：government；chamber of commerce；cooperation path；fuzzy-set qualitative；comparative analysis

The Deficiency and Expansion of Village Affairs Supervision Committees System（66）

Lu Fuying，Gao Jian

（School of Public Affairs，Hangzhou Normal University，Hangzhou 311121）

Abstract：The village affairs supervision committees system is innovated based on requirement.The main principle are leadership of CCP，decentralized restriction，whole-process supervision，information communication，system specification.This supervision system in essence is a special power control system of rural grass-roots，and it plays a unique role in curbing rural grassroots corruption.In the implementation of the current village affairs supervision committee system，there are some important contradictions，such as the complexity of rural grass-roots affairs and the limitation of the authority of the village affairs supervision committee，the systematic requirements of the rural grass-roots supervision system and the reality of“fragmentation”，the validity requirements of the rural grass-roots supervision and the insufficient supervision of the village affairs supervision committee.It reduces the effectiveness of rural grass-roots supervision.In the new era，it is necessary to explore an effective way respond to practical problems，to expand the system of supervision according to the national policy trend：the expansion of subjects to form the multiple structure of supervision subject；the expansion of methods to form the rural supervision system combined with power supervision，system specification and moral regulation；the expansion of objects to make rural governance subjects and affairsall be involved.

Key words：village affair supervising committee system；rural grass-roots supervision；limitation；expansion；development tendency

Research on the Mechanism of the Change of the Rites Function and the Modern Transformation of Traditional Culture（73）

Zhang Guofang，Zhang Yi

（School of Public Administration，Zhejiang Gongshang University，Hangzhou 310018）

Abstract：In the long period of social changes，the function of the Coming-of-age ceremony of the She Minority in J County and Z Province has gone through the process of“formation，continuation，restoration and modern transformation”，the function of the Coming-of-age ceremony from the maintenance of social order of ancestor worship to the development of economy based on culture.From the time after the founding of the People’s Republic of China to the mid-1980s，the ceremony was on the verge of extinction，to the time the county level intangible cultural heritage was successfully declared，the local government established the“festival of Coming-of-age ceremony”and invested a large amount of money to build the“She living state museum”，how could the ceremony of Coming-of-age ceremony be transformed and“reproduced”in the social changes?What kind of forces work in Using Bourdieu’s practice theory as reference，this paper analyzes the transition mechanism of traditional transmisitor’s ritual function，and analyzes the problems faced in the modern transformation of transmisitor’s ritual.The analysis of the modern transformation and reproduction of traditional ritual functions from the perspective of process and mechanism complicates the simple structuralism and functionalism perspectives of the previous academic research on ritual，and gives a more comprehensive view of the modern transformation of traditional culture.

Key words：the Coming-of-age ceremony；practice theory；the modern transformation of traditional culture

The Internality and Criticalness of the Evaluation Activity——A Consideration in the Internet Age（85）

Zhang Yanfen

（Department of Social Sciences，Shanghai University，Shanghai 200444）

Abstract：Only under certain conditions can the evaluation activity occur.It is necessary for us to inquire the internality of evaluation activity after making clear the scope of validity of its external conditions.This internality involves what man as species being lacks which is not equal to the summation of all individuals’lack.Due to the species lack，the evaluation activity serves to criticize the actual present.And more importantly，this critique aims at the ambiguous subject and its need in the internet age.The intelligentized internet is turning into an omnipotent agent machine which can take the place of man in a lot of aspects.It results in the question that how to differentiate the man’s need from the internet’s need.This means that we should understand the need of the object.

Key words：evaluation activity；internality；lack；criticalness

Economic Crisis，Commercialization and Monopoly Rent：On the Triple Dimension of the Right to the City of David Harvey（91）

Fang Huanfei，Zhou Ziyu

（School of Marxism，Ningbo University，Ningbo 315211）

Abstract：Since World War II，with the accelerating process of urbanization and urban crisis，all kinds of disciplines related to urban research gradually rose and converged into a strong trend of thought in urban research.Among them，the right to the city had gradually become one of the central topics of urban research，which continued to this day.Based on Henri Lefevre’s theory and“Capital”，David Harvey，as the main representative of the thought of the right to the city，criticized the urbanization of capitalist countries，especially the one influenced by the neoliberal economic ideology that currently prevailed in the market economy of the west with the help of Marxist positions，viewpoints and methods.He focuses on the significance and the lack of the right to the city in capitalist cities from triple dimensions，including the urban roots of capitalist crises，the privatization of the urban commons and obtaining the monopoly rent through cultural commercialization，which created a new view of the right to the city.

Key words：David Harvey；the right to the city；capitalism

Ethical Reliance：the Ethical Theme of“The Great Disruption”Age（100）

Li Jianhua

（Marxism School，Zhejiang Normal University，Jinhua 321004）

Abstract：Contemporary China is undergoing a dual transformation from traditional to modern and modern to postmodern.This transformation will break the“relationship bond”of traditional society，and at the same time make the less mature modern society become more and more“segmented”，which leads to the increasingly serious social ethical disruption.This ethical disruption manifests itself in the disruption of individual ethics，social ethics and human ethics，and even the disruption of ethics and morality，thus separating and fragmenting social ethical life.Therefore，contemporary Chinese ethics cannot only provide normative guidance，but more important work is to establish an effective mechanism of ethical reliance，which mainly refers to the reliance factors such as the ethics of recognition，the ethics of tolerance，the ethics of understanding and the ethics of undertaking.

Key words：the great disruption；ethics；morality；human destiny community；ethical reliance.

Self-Control and Freedom：The Moral Realm of Consumer Society（107）

He Jianhua

（CPC Zhejiang Provincial Party School，Hangzhou 311121）

Abstract：Consumption is a lifestyle.People are born with the right to consume their own survival needs.However，human consumption demand is closely linked with desire，and the infiniteness of desire determines the infiniteness of consumer demand.How to solve the contradiction between the infiniteness of consumer demand and the limited reality is an important issue for all mankind.On the one hand，the developments in market economy，science and technology provide a realistic mechanism for the realization of unlimited consumption.On the other hand，the ever-expanding consumption demand has also resulted in various alienations of consumption activities.Under the background of increasing prevalence of consumerism and increasing dissimilation of human consumption，consumption must be rationalized，moderate，free and self-controlled，so that consumption activities can truly become the primary routines for promoting the allround developments of human beings and enhancing the happiness of human beings.

Key words：consumption；freedom；self-control

The Mutual-Permeation of Mind and Scene and the Formation of Aesthetical Realms：Focusing on the Chinese Tea-Ceremony（112）

Liu Xiaoting

（Department of Philosophy，Zhejiang University，Hangzhou 310028）

Abstract：This article interprets the aesthetical realms of Chinese tea-ceremony in different ways of relationship between mind and scene.The author identifies three kinds of relationship：（1）the mutual dependence or permeation of mind and scene，（2）the presentation of scene depending on mind or the mind transforming the way of scene presentation，（3）the mind doesn’t present the scene or the both of mind and scene returning to naught.The author argues that to realize the mutual permeation of mind and scene based on their mutual dependence is a general characteristic of aesthetical realm formation so that it has a universal meaning in aesthetics.The presentation of scene depending on the mind or the mind transforming the presentation way of scene is，as an aesthetical realm，based on the realization of the mutual permeation between the mind and scene.Since the mind is the only spiritual source of any aesthetical realm formation，the realm is nothing but a mind field that is realized by the subject’s mind in specific circumstances.Therefore，any realm of aesthetics is a realm of mind in which the subject’s mind and its meaning presented.However，when the mind doesn’t present the scene and both the mind and scene returning to naught，as a realm of wordless，it is the highest realm of aesthetics，since in which the subject’s immanent realization of life and the ultimate reality of life are implied.

Key words：Tea-ceremony；state of circumstances；realm of aesthetics；mutual permeation of mind and scene

Competition between Academic Tradition and Confucian Orthodoxy：The Internal Logic of Lv Zuqian’s Academic Status Evolution（118）

Xu Yanlan

（Yuelu Academy，Hunan University，Changsha 410082）

Abstract：A detailed analysis of scholars’descriptions of LvZuqian’s academic status in the Southern Song Dynasty and Yuan，Ming and Qing Dynasties reveals a trend of“ascending-descending-ascending”.The internal rationale for this phenomenon is the competition between academic tradition and Confucian orthodoxy.Lv Zuqian’s inheriting“the Central Plains Documents”made him the leader of the main alliance in the eyes of contemporaries.The doctrine of orthodoxy constructed by Zhu Zi strongly impacted the academic tradition，which made Lv Zuqian’s academic status in Yuan and Ming Dynasties degrade to be appendage to Zhu Xi.During the Ming and Qing Dynasties，scholars’reflection on orthodoxy made Confucianism return to academic orthodoxy，and Lv Zuqian’s academic status was restored.

Key words：orthodoxy；academic tradition；internal logic；Lv Zuqian

On the Antiphon Poetry of Liu Yuxi and Yuan Zhen（127）

Xiao Ruifeng

（School of Humanities，Zhejiang University of Technology，Hangzhou 310032）

Abstract：The golden years of Liu Yuxi and Yuan Zhen’s antiphon poetry began when Liu Yuxi and Yuan Zhen were exiled in Jiangxiang.As“unfortunate victims of the world”，they often encouraged each other with morality and integrity.The frequency of their antiphon poetry decreased after they left Jiangxiang，but they still sent each other poems expressing their feelings from time to time.Even they differed in wealth and fame，and Yuan was heavily condemned by his contemporaries，Liu still recalled their friendship with a subtle irony and shed a tear for his early death.

Key words：Liu Yuxi；Yuan Zhen；encourage with morality and integrity

Character Shaping and Narrative Ethics in Ancient Chinese Novels——Taking Song Dynasty Novels as the Research Center（134）

Li Jianjun

（College of Humanities，Taizhou University，Linhai 317000）

Abstract：Characters in narrative works are not only the structural elements，but also the ethical carrier of“having the true outline of human nature”.It is feasible to study narrative ethics through character shaping.From the synchronic point of view，the characterization and narrative ethics of ancient Chinese fiction are different in the classical Chinese and vernacular texts.In the Song Dynasty，the difference between the tragic and happy style of the legend and the vernacular novel reflects the ethical considerations of the narrator about the priority of“entertainment”and“education”，and the emotional implications of the female imagebuilding，it highlights the difference between the ethical appeal of literati narrative and citizen narrative to women.From the diachronic perspective，compared with the Tang Dynasty，the narrative subject of Song Dynasty’s novels has more precise ethical intervention，which makes the text have more obvious intentional ethics.Generally speaking，the interaction between legends and vernacular novel in Song Dynasty enriches narrative skills，and the interpenetration of literati ethics and citizen ethics makes text ethics more secular.It promotes the change of narrative ethics from the two dimensions of narrative and ethics，which is of great value in the history of Chinese narrative literature.

Key words：character shaping；narrative ethics；scholar narrative；citizen narrative

Tributary Mode of Local Benevolence——the Management of Shantang in Jiading in Qing Dynasty（146）

Zhang Peiguo

（Institute of Anthropology and Folklore，Shanghai University，Shanghai 200444）

Abstract：In Jiading County in Qing Dynasty，the government managed Shantang through gentlemen acting as the directors of Tang，and the boundary between official property and folk property was also blurred.The gentlemen did have indemnity when they acted as directors of Tang.This was mainly due to the poor harvest of agriculture and the malpractice of management.Therefore，the annual and monthly rotation of the gentlemen directors was also a system arrangement to reduce indemnity pressure.The gentleman’s donation and assistance as directors of Tang was conditional on his exemption from servitude.The consulting power relationship highlighted by saving governance in the management of Shantang organically unified the contradictory character of both government control and saving，civil autonomy and asylum seeking，thus presenting the practical logic of tributary modein local benevolence.

Key words：commons of Shantang；gentleman of Tang on duty in turns；exemption from corvee；tributary mode