ABSTRACTS

Artificial Intelligence Law，Artificial Intelligentization of Law and“the Third Way” （4）

Ma Changshan

（East China University of Political Science and Law，ShanghAI200042）

Abstract：There are so many research fruits about law and AIthese years and they present two research approaches.Approach of artificial intelligence law aims at bringing AIinto legal regulation structure，while artificial intelligentization approach of law intents to transfer law into intelligent system.They have different directions and standpoints，and bring different problems and futures.Deeper analysis shows we need return realism from romantic ideal and open up a third way to join these two approaches and make good use of their advantages and bypass their disadvantages.In the third way，we strengthen the conversation and cooperation between law and technology，and improve two-way fusion of law and AI，so as to effectively advance deep research of law and AIfield.

Key words：digital society；algorithm；artificial intelligence law；artificial intelligentization of law

Basic Positioning and Legal Regulation of Big Data Investigations （12）

Hu Ming，Gong Zhonghang

（Guanghua Law School，Zhejiang University，Hangzhou 310018）

Abstract：In the Internet era，the accurate positioning of big data investigations is the requirement of effective control of crime and protection of basic rights of citizens.No matter in concept or function，the data-centered big data investigations cannot subvert and replace the information-centered traditional investigations.Base on the definition standard of“whether the compulsory investigation measures violate the basic rights of citizens”and the legislative experience of overseas，big data investigations should be a compulsory investigation measure in essence，but it has not been included into the compulsory investigation measures in the existing law of China and lack of effective supervision.According to the principle of legality，the principle of proportionality，and focusing on the protection of basic rights of citizens，it is necessary to construct the legal regulation system of big data investigations.

Key words：big data investigations；basic positioning；compulsory investigation measures；legal regulation

The Identity Paradox of Big Data Privacy and Its Legal Countermeasures （21）

Liu Zegang

（School of Administrative Law，Southwest University of Political Science and Law，Chongqing 401120）

Abstract：Huge amount of information of consumers on the Internet have been collected by operation of data，while they can’t obtain identity from it.The conflict in such phenomenon is resulted from construct of the Internet，mode of big data and lack of relevant law.And it also cannot be fundamentally resolved in a short time，which also means self-determination both in data and will is too hard to achieve.Therefore，supervision from government and protection of law is feasible leading mechanism for protection of privacy information at present.The mode of EU is idealist but also progressive，which establishes identity of data by unifying the lawmaking.The concept of identity of data takes effect on such countries with a large population as India，Brazil in lawmaking of protection of data.However，it will be a high price for us to pay both in law and economy for improving the orientation of identity of privacy arbitrarily.The mode of the U.S.A.is actually more realistic because its method matches tradition of common law，which strengthens its supervision on information privacy by making use of identity of consumers and existing mechanism.By contrast，legal orientation in China now is vague.As a result，future lawmaking in China should envisage the development in Internet，absorbing good from EU and America.At the same time，we should reasonably improving identity of privacy of data instead of setting up rights with obvious side-effect.Moreover，we shall comprehensively utilize mechanism like consumer protection to achieve a higher efficiency in protection for big data privacy，strengthening supervision on enterprises.

Key words：personal information；information privacy；protection of privacy；identity of data；privacy of consumer

The Debate between Free Will and the Qualification of AICriminal Subject——From the Perspective of Modern Pan-Heart Theory （31）

Wang Yaobin

（Law School，Southeast University，Nanjing 211100）

Abstract：As the foundation of criminal responsibility，free will is the key element of the debate on the subject qualification of AIcriminal.It is very important to define its connotation，and it is not conducive to the self-consistency of the theory to despise or ignore the argument.Based on the modern pan center theory，which thrives on quantum mechanics again，synthetic particles have the property of free will.The free will in criminal law includes the ability of independent choice and the ability of introspection and control.The ability of independent choice corresponds to the ability of deep learning，and the ability of introspection and control coincides with the ability of perception.The weak AIentity in the primary stage that fails to independently create the algorithm does not have the above elements and cannot become the criminal subject；the AIlike entity has the corresponding level of deep learning ability and rational ability，has the free will in the sense of criminal law evaluation，and has the key elements to become the criminal subject.

Key words：free will；AIcriminal subject theory；modern pan-mind theory；deep learning ability；rationality

Regional Intergenerational Mobility and Residents’Fertility Willingness （38）

Wei Jinrui，Zhao Hanlin

（School of Statistics，Dongbei University of Finance and Economics，Dalian 116025）

Abstract：Based on China’s family tracking survey data（CFPS2014）and China’s comprehensive social survey data（CGSS2015），the impact of regional intergenerational mobility on fertility intention has been studied.It is found that：（1）the regional intergenerational mobility has a significant inverted U-shaped impact on the residents’fertility intention，and the higher regional intergenerational mobility is conducive to improving the individual’s fertility intention，but the higher regional intergenerational mobility will inhibit the individual’s fertility intention.（2）The inverted U-shaped influence of regional intergenerational mobility on Residents’fertility intention is also reflected in the two dimensions of region and income，that is，it is positive in the central and western regions，and negative in the eastern regions；it is positive in the middle and low-income groups，and negative in the high-income groups.（3）Higher intergenerational mobility can improve and inhibit residents’fertility intention by reducing the cost of education investment and the rate of return on education.High intergenerational mobility not only provides opportunities for development，but also makes young people more eager to achieve their personal goals in a short period of time，generate a strong sense of competition，impetuosity and anxiety，and then reduce their fertility intention.

Key words：intergenerational regional mobility；fertility intention；education investment

Evaluation of Employment Effect of Migrant Workers’Social Capital from the Perspective of Multidimensional Employment Quality——Evidence from the CLDS Labor Dynamic Survey （47）

Deng Rui

（School of Economics，Southwest University of Political Science and Law，ChongQing 401120）

Abstract：Based on the CLDS2014 data，this paper systematically evaluate the employment effect of migrant workers’social capital from the perspective of multidimensional employment quality such as wage income，labor supply，post stability and welfare benefits.The study finds that from the perspective of wage income，social capital has a significant effect on the wage income of migrant workers，but the return on wages of social capital has a certain Matthew effect.From the perspective of labor supply，social capital cannot directly reduce the labor supply intensity of migrant workers，but it may help migrant workers to obtain non-overtime labor positions with relatively good treatment.From the perspective of post stability，social capital does not increase the probability of migrant workers signing long-term fixed labor contracts，but the deepening of marketization may help to correct the negative impact of social capital on the labor contract specifications of migrant workers.From the perspective of welfare benefits，social capital has no significant effect on the participation of migrant workers in urban endowment insurance，but it helps to increase the probability of migrant workers participating in urban medical insurance.

Key words：migrant workers；social capital；multidimensional employment quality；employment effect

Divinity and Vulgarity of Orthodox：Study on the Rheology and Modern Transformation of Filial Piety Beliefs （57）

Zhang Zhuping

（Faculty of Marxism，Zhejiang University of Water Resources and Electric Power，Hangzhou 310018）

Abstract：“Filial piety”is the moral tradition and cultural identity of Chinese people.It is also one of the most important spiritual cores of Chinese folk beliefs.In traditional Chinese society，folk beliefs actually play the role of the host of“filial piety”concept，the creator of“filial piety”practice，the disseminator of“filial piety”culture.The elements and forms of“filial piety”ethics and folk beliefs are both internal and external as well as constructing each other which are formed a unique“filial piety beliefs”.Especially under the orthodox idea of“filial piety rules the world”，“filial piety beliefs”is not only shapes the basic style of Chinese traditional folk beliefs，but also builds the mythological system and cultural function of Chinese traditional folk beliefs，influences and deepens the relationship between folk beliefs and political，all aspects of society at that time，shapes the living world and spiritual home of the Chinese people.The formation and prosperity of Dutiful Son Zhou Xiong’s Fete in south region of the Yangtze River，that is，the specific embodiment of the local people practicing the values of morality and filial piety.It is also a typical sample and successful practice of the political strategy of“ruling the world with filial piety”in the traditional Chinese dynasty.On the one hand，it shows that the folk beliefs of local society always correspond to the real needs of people，and have strong cultural mobility and social adaptability.On the other hand，it also shows that traditional folk beliefs can be opposed to mainstream values，or it can be used as a symbol to strengthen the orthodox order which provided a localized medium for the political ruler to deliver or instill subject value and the ethical norms derived from it to citizens.In the modern society，the connotation，form and status of filial piety have changed significantly.Building modern morality and core values with Chinese characteristics still needs filial piety culture as ideological resource support.This requires us to reconstruct reflectively on tradition of filial piety culture，including the support system of folk beliefs，to strengthen government guidance，to promote the participation，system standardization，rule of law guarantee of the government，to encourage development and promotion of filial piety culture and beliefs activities orderly.Mend the rift between filial piety beliefs and modern civilization actively.Make valuing filial piety，worshiping filial piety，carrying filial piety forward become cultural consciousness of Chinese in nowadays.

Key words：filial piety orthodox；belief in filial piety god；historical rheology；modernity；criticism and construction

Research on Soci al Networks in Shared Economy through Information Link，Technology Embedding and Network Effect （66）

Yang Ge

（Jiangxi Academy of Social Sciences，Nanchang 330047）

Abstract：Online network and offline network construct the social network structure of shared economy together.Information links，technology Embedding and network effects lead to changes in social networks in a shared economy.The research found that the shared economy embedded in Internet technology presented the trend of full network development，which eliminated the resource advantages of structural holes and shaped the network community.The surplus value in the shared economy mode transited from the single dimension of the traditional factory to the three-dimensional space in the Internet era，resulting in the three-dimensional spatial pattern of the surplus value.Multi-embedding based on technology overlapped with winner-take-all network effect，which homogenized the social network functions in the shared economy.Shared economy provided a broader platform for Chinese traditional social relations，which were tied by strong relations and extended outward in a differential pattern.Under the shared economy，social individuals can exchange social roles through Internet technology，and social resources can also flow rapidly but briefly among all social strata with the help of Internet technology.Shared economy promoted the sharing of social resources，but at the same time，it also aggravates the complexity of social governance.Therefore，it is imperative to match the institutional supplies of the shared economy.

Key words：Internet +；shared economy；social network；embedding

Innovation and the Production of Creative Space——The Evolution of the Cultural and Creative Industrial Parks in Old Industrial Plant along the Grand Canal in Hangzhou （73）

Zhang Jia1，Gong Jiajia2

（1.Zhejiang University City College，Hangzhou 310015；2.Architectural Engineering Institute，Zhejiang University，Hangzhou 310058）

Abstract：Transformation from old industrial plant to creative space is one of the typical urban regeneration，especially along the Grand Canal area in Hangzhou.This article divides the evolutionary process of the transformation into three phases，that is emergent phase，self-initiated phase and co-evolutionary phase，studying the evolutionary population and evolutionary mechanism on perspective of evolutionary theory and space production theory.Identifying the population variation and the corresponding transformation of space，it finds that the influence factors of the transformation changes from the rental price and physical space to the governance capability of government and the knowledge and skills of the operator of cultural and creative industrial park.In the end，it argues that the future development of the creative space is confronted with three obstacles，thus putting forward the relevant approaches to solve the problem.

Key words：creative space production；innovation；old industrial plant along the Grand Canal；evolution

On the Indicators of Internationalization for City Comparisons （81）

Lin Ka，Wang Lizheng

（School of Public Affairs，Zhejiang University，Hangzhou 310058）

Abstract：In the era of globalization，many cities are promoting the strategy of internationalization for city development and making policy efforts accordingly.Research on the indicators of internationalization contributes to the design of developmental strategy and policy analysis for achieving the goal of sustainable development through the process of internationalization in cities.This article discusses the indicators that measure the degree of internationalization in city comparisons，in order to construct an index system which can reflect the features and functions of city development towards internationalization comprehensibly，scientifically and objectively.Through the investigation on various indicators，the study advocates the selection of these indicators into the index system from three dimensions：on the economic basis and facilities of development，on the mobility and transnational flow，and on the influence and impact.The study uses mobility and impact indicators as key indicators to measure the city’s internationalization，and compares advantages and disadvantages of each city in terms of internalization according to these indicators.Thus，this analysis can provide a new prospective for policymakers to promoted the strategies of city development.

Key words：city internationalization；social indicators；openness；urban construction；globalization

Humanism：The Local Cultural Gene of Marxism’s Sinicization （87）

Fu Fenge，Li Qiang

（School of Marxism，Northwest University，Xi’an 710127）

Abstract：In the past，many scholars have discussed the dissemination of Marxism and the problem of Marxism’s sinicization from the perspective of externality.This view has blind spot.It regards Marxism as a foreign thought and sees it in opposition to traditional Chinese values.What’s more，we should recognize the internal affinity between them.The“Matrix Theory”，from a Japanese scholar YuzoMizoguchi，provides us with new inspiration to study the relationship between Marxism Sinicization and Chinese traditional values from the perspective of internality.As the“Matrix”of pre-modern Chinese society，Humanism determined the basic form of Marxism Sinicization.The views of the common people and their historical views put forward by Chinese communists are all the scientific theoretical system of Marxism Sinicization formed under the influence of this“Matrix”.Under the historical background that Socialism with Chinese characteristics has entered a new era，how to deal with the relationship between Marxism and our excellent traditional culture，and how to realize the creative transformation and innovative development of our excellent traditional culture are the two core questions we have to face.The core values of Chinese traditional society represented by people-oriented principle can still play an important role.

Key words：“matrix theory”；humanism；Marxism’s sinicization

The Transcendence of Historical Materialism over Economic Determinism——An Analysis of the Differences between Marx’s Criticism of Classical Political Economy （94）

Hao Jisong

（The Party School of Zhejiang Provincial Committee of the Communist Party of China，Hangzhou 311121）

Abstract：Economic determinism is a theoretical form presented by some second international theorists who misinterpret historical materialism.However，in terms of methodology and its theoretical essence，economic determinism is the“implicit premise”of classical political economics.Classical political economy constitutes the common theoretical basis and logical starting point of historical materialism and economic determinism，thus providing an important theoretical perspective for us to distinguish the essential differences between historical materialism and economic determinism.Economic determinism is confined to the traditional framework of economic category and old philosophical logic，and it also fails to break away from the quagmire of positivism of capitalist socio-economic facts.Marx’s historical materialism has broken through the insurmountable boundaries of classical political economy，penetrated into the essence of the relationship between human beings and real social life through the illusion of social and economic facts，and surpassed economic determinism in the deep sense of ontology.

Key words：historical materialism；economic determinism；classical political economics

A Linguistic Probe into the Foundation of Distributed Word Representation （99）

Pan Jun1，Wu Zongda2

（1.Department of Big Data Sciences，Zhejiang University of Science and Technology，Hangzhou 310023；2.Department of Computer Sciences，Shaoxing University，Shaoxing 312000）

Abstract：Distributed word representation is an effective way to express word meaning，and has been widely used in artificial intelligence applications.It utilizes the distributional patterns of words in large text data and obtains words represented as mathematical vectors，which are semantically computable and deductible.The philosophical basis of distributed word representation is Wittgenstein’s use theory of meaning，which claims that the meaning of a word lies in the use of it.There are certain connections between Wittgenstein’s language theory and Saussure’s language theory.Saussure believes that all elements in a language are based on two different types of relations，e.g.syntagmatic and associative relations，which we find are actually the exact context input of distributed word representation models.Bloomfield’s structural linguistics was deeply influenced by Saussure and finally developed into Harris’s distribution methodology，forming the linguistic basis of distributed word representation.This paper shows that the distributed word representation is deeply rooted in the soil of use theory of meaning，and is built on the descriptive linguistics foundation.In essence，it is a reflection of the patterns and preferences of word distribution in the collected corpus data.Therefore，it could objectively reveal some characteristics of the social and cultural life，and inevitably has its inherent limitations of course.

Key words：word meaning；distributed meaning；natural language understanding；structuralism；descriptive linguistics

Dispositions and Character Traits （105）

Zhang Zixia

（School of Public Administration，Nanjing Normal University，Nanjing 210023）

Abstract：Some philosophers are inclined to treat character traits as dispositions since it seems that when someone possesses a character trait，she would manifest corresponding behaviors in certain circumstances.On the other hand，it also looks as if dispositions and character traits are different，for the sake of what I call the‘difference of explanatory power’.The author argues that character traits are not dispositions because they differ with respect to（at least）two important features we normally attribute to dispositions：independence and directness，and the latter is responsible for the difference of explanatory power.

Key words：disposition；character trait；explanation；manifestation

Criticism and Reconstruction：“Si Ju Jiao”in the Perspective of Ji Shan （111）

Yan Lianfu，Wang Chi

（Marx’s College，Xi’an Jiao Tong University，Xian 710049）

Abstract：Liu Zongzhou，as the master of Neo-Confucianism，witnessed the abuse of conscience.He tried to reconstruct the theory of Xin by criticizing the“Si Ju Jiao”so as to relieve the crisis of the theory of Xinunder the vision of“Ji Shan Xue”.He criticized Yangming’s positioning of“Yi”，elevated“Yi”to the ontological level，and distinguished“Yi”from“Nian”and incorporated“Zhi”and“Hao”into“Yi”，which made Yi through the ontological and phenomenal realms.With the help of the theoretical resources of Neo-Confucianism and Qi，he tried to integrate the various categories of Neo-Confucianism and reconstruct Yangming’s theory.At the same time，he also bring the objective world into his own theory and sow the seeds of anti-Neo-Confucianism，which paved the way for the change of study style in the late Ming and early Qing Dynasties.

Key words：Liu Zongzhou；Si Ju Jiao；criticism；reconstruction

Research on Parallel Prose in the Qing Dynasty from the Perspective of Regional Culture——Research Centering around the“Zhejiang School” （118）

Mo Shangjia

（Institute of Yue Culture Research，Shaoxing University，Shaoxing 312000）

Abstract：The development of Parallel Prose in the Qing Dynasty took Jiangnan as the core area，including Jiangsu，Zhejiang and Anhui provinces，showing obvious regional characteristics.Since the republic of China era，Li Xiang，Liu Linsheng，Zhang Renqing and other scholars divided parallel prose schools in the Qing Dynasty from the perspective of regional culture，and put forward the terms of“Zhejiang School”，“Changzhou School”and“Yizheng School”.There are many parallel prose writers in“Zhejiang School”，and important writers have appeared in various periods，which represent the development level of parallel prose at that time and have a far-reaching impact on future generations.The theories of parallel prose works by scholars of“Zhejiang School”and collections of parallel prose collected by scholars of“Zhejiang School”have also made important contributions to the development of parallel prose creation and the development of parallel prose theory，the preservation of parallel prose literature，and the summary of parallel prose achievements in past dynasties.“Zhejiang School”played an important role in the renaissance on parallel prose in the Qing Dynasty.

Key words：the Qing dynasty；parallel prose；parallel prose schools from the perspective of regional culture；the“Zhejiang School

New China Literary Theory:Thought to Contemporary Chinese Literary Theory for 70 years （124）

Zeng Jun

（School of Literature，ShanghAIUniversity，ShanghAI200444）

Abstract：Since the founding of the New China，it has formed a kind of national discourse of literary theory form，which is different from the personal discourse and group discourse.It can be named as the“New China literary theory”.The Communist Party of China as the ruling party leading the literary and artistic work has a dominant force on the development of new Chinese literature，so it is necessary to“introduce policy into literary studies”.As the crystallization of collective wisdom，the New China literary theory，with Marxism as the guiding ideology，was partly influenced by the Soviet Marxist literary theory，but it is more important that it has distinct Chinese characteristics.

Key words：New China literary theory；literary and artistic policy；Marxism；Chinese characteristics

TiantAIMountain：The Intersection of the Road of Tang Poetry and the Silk Road on the Sea （131）

Hu Kexian

（Department of Chinese Language and Literature，Zhejiang University，Hangzhou 310028）

Abstract：TiantAIMountain，which integrates natural wonders and cultural essence，is essential to the road of Tang poetry in eastern Zhejiang.Five aspects can be examined from this point：the geographical location and cultural space of Taizhou in Tang Dynasty，the formation and characteristics of the road of Tang poetry in eastern Zhejiang，the important nodes of the Silk Road on the sea，the significance of the set of Tang poems“Farewell to ZuichengShangren on his way back to Japan”，and itinerary of the monk Yuanren and Yuanzhen who visited the Tang empire.To sum up，TiantAIMountain，as the core of the eastern Zhejiang culture，is the intersection of the road of Tang Poetry and the Silk Road on the Sea.

Key words：TiantAImountain；the road of Tang Poetry in eastern Zhejiang；silk road on the sea；intersection

From Chapter to Principle：The Change of Classics in the Wei and Jin Dynasties——An Investigation Centered on the Remodeling Process of Gu Wen Shang Shu （142）

Liu Guangsheng

（Confucius Cultural Institute，Qufu Normal University，Qufu 273165）

Abstract：Taking Tsinghua bamboo-slips“Yin Gao”and“Fu YueZhi Ming”as reference，the composer has four plagiarisms on the“Li Ji Rites”of ZhengXuan.So it is known that“Gu Wen Shang Shu”was finally written after ZhengXuan.Taking Ma Rong as the boundary，the falsification of“Gu Wen Shang Shu”can be roughly divided into two stages，and it belongs to the“scholar”level.It is probably compiled by Zheng Chong and other scholars.The complement of“Gu Wen Shang Shu”is nearly a hundred years of hard work.The Han Dynasty scholars attached importance to the exegesis，Song Confucianism advocated the Principle.From Chapter to Principle，it is the important feature of the Wei and Jin Confucian classics.The author of“Gu Wen Shang Shu”raised Confucianism and rejected the metaphysicalization of Confucian classics，which paved the way for the renaissance of Confucianism in the Song Dynasty.

Key words：“Gu Wen Shang Shu”；Tsinghua bamboo-slips；ZhengXuan；transformation of classic

The Making of Political Identity in Modern Countries and Its Chinese Case （150）

Zhao Ruishi

（Center For Turkish Studies，ShanghAIUniversity，ShanghAI200444）

Abstracts：There are extremely complex factors influencing the political identity of modern countries.In terms of political system operation，political ideology，institutional authority and governance performance constitute the three most important dimensions of people’s identification with a political system.The three dimensions are mutually supporting relations with profound internal logic.Socialism with Chinese Characteristics for a New Era，in the process of modernization of national governance，it is necessary to strengthen people’s political identification on the Way for Political Development of Socialism with Chinese Characteristics from three aspects：socialist political ideology，socialist political system authority and the effectiveness of socialist governance.

Key words：modern countries；political identity；Chinese case