本期英文提要

ABSTRACTS

The Political Economy Analysis on De-globalization

Lu Mingchuan

（School of Marxism， Zhejiang University City College， Hangzhou 310015）

（4）

Abstract：Globalization is an irresistible trend in the development and progress of human society， but as the twin creatures of globalization， de-globalization has always been accompanied.Up to now， human beings have experienced three waves of globalization and de-globalization， and globalization has made tortuous progress in their “periodic movements”.Globalization develops along with modern capitalism， the imbalance of free trade and national interests in western capitalist countries is the direct cause of the deglobalization， while the basic contradiction of capitalism is the deep root of the de-globalization.In the face of the great changes in the global order， the “community with a shared future for mankind” provides a Chinese plan for mankind to promote a new type of globalization.

Key words：de-globalization； free trade； the basic contradiction of capitalism； community with a shared future for mankind

A Study on the Legislative Orientation and Legal System of the Government Regulation with Chinese Characteristics

Wang Junhao1， Hu Fei2， Ran Jie3

（1，3.China Institute of Regulation Research， ZUFE； 2.School of Economics， Zhejiang Gongshang University， Hangzhou 310018）

（13）

Abstract：Reform orientation and public interest orientation are the basic orientations for the legislation of government regulation.The orientation for the legislation with Chinese characteristics should be adhered to the lawmaking with a balance for the reform as well as the public interest orientation for the people.The legal system of the government regulation with Chinese characteristics is an organic integrity of constitution directed， legislation based system， together with other laws， regulations， normative documents and mandatory regulatory norms.The integrant factors consisting of various kinds of laws and regulations are mutually interconnected， which have different functions and positioning in government regulation.Based on the analyses of short slabs and weak spots， this paper concludes that a variety of approaches need to be perfected for the legal system of the government regulation in China.

Key words：government regulation； legislative orientation； legal system

Negative Rivalry： Challenges and Improvements on Goods Division Theory of Neoclassical Economics——Concurrently Discuss the Emergence and Development Logic of Platform Economy

Yang Xiaowei

（Law School， Ningbo University， Ningbo 315211）

（23）

Abstract：Rivalry is an important element of the theory of goods division in neoclassical economics，which refers to quality or quantity change of goods due to usage， and then its further change of marginal utility of other users.Under the influence of economic masters such as Samuelson and Masgrave， the academia has long recognized that the value of rivalry can only be non-negative， either taking the form of with/without or strong/weak， ignoring the existence of its negative value.In contrast to （positive） rivalry， negative rivalry means increase of quantity or improvement of quality of goods due to usage.Through case studies such as classical literature works and sayings， common pool fishing， platform economy etc.， the paper discusses the objective existence and influence of negative rivalry.The results show： that the reason why negative rivalry has long been neglected lies in the dichotomy of production and consumption， which ignores the existence of productive consumption； and by introducing negative rivalry， the categories of goods can be expanded from the traditional four types to six types.

Key words：rivalry； negative rivalry； productive consumption； platform economy

Innovation of Land Allocation System and TFP of Industrial Enterprises：Evaluation Based on Synthetic Control Method

Deng Huihui1， Zhao Xiaokun2， Li Huirong3

（1，3.Institute of International Economy， University of International Business and Economics， Beijing 100029； 2.School of Liberal Arts， Shanxi Datong University， Datong 037009）

（34）

Abstract：In the fact that land resources become increasingly scarce， it is important to optimize the allocation of land resources and maximize the efficiency of land use in order to strive for high-quality development， which is exactly the focus of local government system innovation.The “Area-Based Evaluation Mechanism” reform in Zhejiang province is considered as a quasi-natural experiment in this paper and the Synthetic Control Method is used to evaluate the impact of land resource allocation optimization on TFP of Industrial Enterprises and its internal mechanism.The findings are as follows.Firstly， through the “Area-Based Evaluation Mechanism” reform， a “better competition” that local governments “race to up” in the system innovation comes from the compound strong incentive strategy composed of differentiated allocation of resource elements， a more comprehensive and reasonable evaluation system and the match of administrative responsibilities and the financial power.Secondly， local governments have shifted from “l(fā)and-driven development”mode to a new development model driven by productivity and innovation but still treat the land as an instrument of the growth of GDP and fiscal revenue， which is a rational decision for them under the condition that the reform of the land system and the fiscal and taxation system has not been completed.Thirdly， the “Area-Based Evaluation Mechanism” reform combines the differential allocation of element resource with the“Area-Based Benefits” and significantly improves the TFP of Industrial Enterprises.The mechanisms of this reform are the optimizing of land resource allocation， improving of land use efficiency and forcing companies to increase the input of innovation.This study provides empirical evidence of “We must see that the market plays the decisive role in resource allocation， the government plays its role better， and promote to integrate of Effective Government and Efficient Market” in the Fifth Plenary Session of the 19th Central Committee of the CPC.

Key words：land resource allocation； institutional innovation； TFP

The Professonality of Legal Ethics： An Reinforce Argumentation

Chen Jinghui

（Law School， Renmin University of China， Beijing 100872）

（44）

Abstract：All the professional ethics， including legal ethics， face a serious problem： why is it a professional conception of ethics， rather than a common morality conception? To answer this question， we must pay attention to the situation that professional ethics， as the moral evaluation， is about the “rules-allow-butmorality-not-allow” practice； moreover， this situation inevitably involves the understanding of “the practice of rules”， which is a practice of realizing the basic good of society with the major social system.From this point of view， it can be concluded that not every profession in general sense has professional ethics， and professional ethics must be professional conception， rather than common moral conception.

Key words：lawyer； legal ethics； rules； morality

The Improvement of the System of the Immunity of the Judge’s Liability：From the Misjudged Liability to Judicial Act

Lu Xingfu

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

（54）

Abstract：The relevant provisions on the immunity of the judge’s liability in our country mostly scatter in various legal and judicial documents， including general provisions， specific provisions， and indirect provisions.There are some defects in the system of the immunity of the judge’s liability， such as defects in form， vague limited immunity and misleading misjudged liability.Judge’s exercise of judicial discretion， that is， judicial act， should be the object of judge’s immunity.To construct the immunity system of judge’s liability can not only fully guarantee the normal exercise of judges’ functions， but also investigate the intentional illegal adjudication.The state Compensation Law， the Law on Judges and other relevant legal texts need to be improved accordingly.

Key words：judicial act ； misjudged liability； judge； immunity of liability； neutrality

Criticism and Reconstruction of Judges’ Professional Ethics——the Investigation Based on Marx and Engels’ Text

Qiu Zhaoji

（Northwest University of Political Science and Law， Xi’an 710063）

（65）

Abstract：The professional ethics of judges of Marx and Engels were developed on the basis of criticizing the professional ethics of judges in capitalist society.The professional ethics of judges of Marx and Engels have two dimensions： criticism and reconstruction.To understand the professional ethics of judges of Marx and Engels， it is necessary to distinguish positive and negative narratives from their texts in combination with context.Serving the people， justice， independence， rationality， and legality are the professional ethics of judges affirmed by Marx and Engels.The cores of the professional ethics for judges of Marx and Engels are justice for the people and justice.The views of Marx and Engels have profoundly affected the professional ethics of judges in our country.

Key words：Marx； Engels； professional ethics of judges； justice for the people； judicial justice

Free Will and the Moral Responsibility of Judges

Huang Weiwen

（Law School， Guangdong University of Finance & Economics Guangzhou 510320）

（73）

Abstract：Judges can make decisions based on free will， so they should bear moral responsibility.Freedom， which is the basis of judges’ moral responsibility， is freedom of deliberation， and it places extremely high demands on judgments.Judges should regard themselves as members of the legal community，make deliberate judgments based on expert standards， and do their utmost to pursue judicial good.This view of responsibility provides an attractive ethical goal for justice， and makes judges become practitioners of law and morality.

Key words：free will； moral responsibility； deliberation； judge responsibility； ethical goal

Risk Identification and Its General Trend

Wang Haiming

（Zhejiang Academy of Social Sciences，Hangzhou 310007）

（84）

Abstract：It is necessary to observe how society identify public risk as a whole.Public risk which identified by society is the uncertainty that may bring harm in the future.Earlier， as the evolutionary pressure，human beings developed the biological basis， social tools， culture and system of risk identification.There are two trends of risk identification： one is the rationalization of identification， the other is the institutionalization of identification.From psychic signs to disenchantment， risk identification shows a rational trend.The instrumental significance internally determines the institutionalization trend.It is worth noting that the trend of rationalization and institutionalization contains self-denial risk： the graduality and institutionalization of rational supply may lead to the reinvigoration of gods or the failure of rationality.

Key words：risk identification； changing trend； rationalization； institutionalization

The Relationship between Educational Level and Intergenerational Mobility——A Study of the Sociology of Numbers

Zhang Yunwu

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

（91）

Abstract：In the form of mathematical model formula， the relationship between educational level and intergenerational flow is clarified.In order to derive a general proposition that does not depend on a particular value， the model is based on the assumption that 2 dimensions （educational level and class of origin） are 2 levels （high and low） and that those with higher education levels are preferred to the elite.The selection mechanism of elites is set as a dictionary order model focusing on the class of origin and an educational supremacy model focusing on the level of education.By comparing and analyzing the two models， three problems are clarified：（1）the conditions for the paradox that the improvement of educational level leads to the close of intergenerational upward mobility；（2）The relationship between equalization of educational opportunities and the rising flow of generations；（3）The relevant theoretical propositions are derived from the theoretical values of the model.Finally， this paper verifies the match between the theoretical value of the model and the experience value obtained from the questionnaire data， and points out the problems that need to be studied in the future.

Key words：education level； intergenerational mobility； dictionary order model； educational supremacy model

The Free Concept of Prosecutorial PowerLi Jianhua1， Qu Yu2

（1.Zhejiang Normal University， Jinhua 321004； 2.The Department of Philosophy， Central South University，Changsha 410012）

（102）

Abstract：Prosecutorial power is the product of a system of decentralized checks and balances，the balance and mutual restraint of power reflect the moral concern of preventing extreme power from infringing on“true happy life”.Freedom is the legitimate basis for the separation of powers and checks and balances， and the definition of “the right to do everything permitted by law” expands the moral content of preventing infringement and raises its theoretical height.Each person’s freedom of will and moral self-discipline are moral arguments for the separation of powers and checks and balances， but freedom is to exclude external coercion or obstacles and be able to act according to one’s own will.It is the self-realization of a unique personality and the premise of having free will.Free moral perfection is inseparable from the support of the system.It only depends on the practice of the moral subject， especially the practice of power as a leading example.Of course， prosecutorial practice cannot be undertaken outside of this mission.Freedom can establish moral concern for the practice of corrective justice prosecutorial system， can provide moral energy for the practice of prosecutorial power that believes in the rule of law， and can awaken moral motivation for the professional practice of guarding against evil.Freedom is the reference to guide the prosecutorial practice to be better and better， to adapt to the generation meaning of decentralized checks and balances with a perfect ideal paradigm， to inspire the individual’s prior thinking and logic for the prosecutorial power， and to limit the basic rights of the prosecutorial power， nearly forbidden， for the prosecutorial power to guide and protect the function of participation.

Key words：prosecutorial power， freedom， decentralization， checks and balances

Why doesn’t Feenberg’s Technological Emancipation Endeavor Work?

Wang Xiaomei， He Li

（School of Marxism， Zhejiang University， Hangzhou 310058）

（111）

Abstract：Feenberg questioned Marx’s thought of human emancipation in the new era， continued the unexplained intention of Marx’s logic of emancipation， and timely put forward a technical democratization plan to scientifically supplement Marx’s human emancipation system.Feenberg’s thought of technological liberation is of progressive significance.It promotes the perfection of democracy through the transformation of technology and seeks the tension of liberation within the technological system.However， he limited the realization of human emancipation to technological liberation and hoped for the responsibility and the conscience of technological elites.He inevitably fell into the theoretical crisis of “moral politics” and “omnipotence of technology”， and failed to break through the overall research framework of Marx.To realize human emancipation， we must return to Marx.

Key words：Feenberg；technological emancipation；democratization of technology；human emancipation

East Zhejiang School and the Thought of Industrial and Commercial Culture

Chen Lixu

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

（116）

Abstract：Zhejiang has a long history and profound industrial and commercial culture.As early as the Spring and Autumn period and the Warring States period， the idea of getting rich by doing business has become an important economic thought of Yue State.Since the Qin and Han dynasties， many famous politicians and ideologists in Zhejiang have put forward important economic ideas and the idea of developing industry and commerce.Eastern Zhejiang Practical Schools that emerged during the Southern Song Dynasty put forward the viewpoints of “business based on agriculture” and “agriculture relied on business”， forming a spiritual heritage such as “both industry and commerce are foundations”.In addition to the department of Practical Schools， Wang Yangming， a great master of the Eastern Zhejiang School of Mind Studies in the Ming Dynasty， also put forward propositions such as “all professions must stick to the same principles”， reevaluating the social status of merchants in another sense.To sort out and study the business culture thoughts of the East Zhejiang School will help to understand the cultural heritage behind the Zhejiang phenomenon more deeply.

Key words：East Zhejiang School； both industry and commerce are foundations； all professions must stick to the same principles

The Aesthetics of Modernity：A Preliminary Exploration on the Ethnography of Emotions in Contemporary China

Wang Jie1， Shi Tian2

（1.College of Media and International Culture， Zhejiang University， Hangzhou 310058； 2.School of Humanities， Shanghai Jiao Tong University， Shanghai 200240）

（124）

Abstract：This paper explores the ethnography of emotions in contemporary Chinese society， attempts to define the structure of feeling， and further examines the aesthetics of modernity in China.On the one hand， a real problem in contemporary China is the precipitous rupture of national culture.On the other hand， the trend of Westernization in the market economy has contributed to the overlapping of multiple contexts in the structure of feeling.The ethnography of emotions in contemporary art could provide an approach to interpret the meaning of artworks in the overlapping of multiple contexts and analyze the aesthetic modernity in China.

Key words：ethnography of emotions； aesthetics of modernity； literature and art； contemporaneity

Benjamin’s Thought of “Present” and the Third Modernity

Li Long

（School of Philosophy and Sociology， Jilin University， Changchun 130012）

（130）

Abstract：If we take the understanding of time as the yardstick， the metaphysical comfort represented by Hegel and the comfort represented by Nietzsche that life is equal to art represent two different modern time concepts.Benjamin’s thought of “present” is the third modernity and a dialectic of pause.The dialectical image is the best embodiment of this dialectic of pause.The reason why Benjamin put forward this kind of “present” thought lies in his theological thought， his emphasis on “experience” and his philosophy of metaphor.

Key words：modernity； present； dialectical image； philosophy of metaphor； art

Adorno， Stiegler， and the Industrial Schemata of Experience

Tyrus Miller

（University of California， Irvine 92697.Translated by Gaoqiong， Zhejiang University， Hangzhou 310058）

（136）

Abstract：Bernard Stiegler concurs with Adorno and Horkheimer’s basic diagnosis of the cultural industry’s capture and distortion of Kantian schemata of experience and temporal colonization of the individual， but charges their analysis with a failure to come to terms adequately with the role of technicity.Similarly，Husserl discounts the exteriorized dimension of memory， and Heidegger deploys a highly abstract， negative notion of technicity reduced to instrumentality.They both misread the integral role of technicity and strengthen the dogmatic comprehension.Stiegler articulates that technics of retention have structured human experience， individuation and community in variable ways throughout human history， and a psyche itself is a product of an order of technicity.In an era when the tertiary retention such as film， television and recorded music， have deeply constituted our daily life， Stiegler reviews Adorno’s th “technologization of the artwork”which introduces the artwork’s differential spacing and temporality， where technique constitutes an “already-there” external to the creative subject.When it comes to the issues of technology and art， technology and aesthetics， more diverse and different relationships should be considered and explored.

Key words：Stiegler； Adorno； tertiary retention； technology； art； aesthetics

The Establishment and Evolution of Qing Dynasty Uniform Bixian System

Hu Tieqiu

（Department of History， Zhejiang Normal University， Jinhua 321004）

（143）

Abstract：The Bixian system was the first of the four laws of Cuike in Qing Dynasty.It went through a complex evolution from “Ten time limits” to “Flexible time limit in different places” and then to “Two time limits”.Among them， “Ten time limits” was implemented for about 80 years （from the 10th year of Shunzhi to the 11th year of Yongzheng）， requiring nationwide adoption.The “Flexible time limit in different places”was implemented for about 81 years （from the 12th year of Yongzheng to the 20th year of Jiaqing）.During this period， the implementation of the “Two time limits” gradually became popular.However， the mandatory and unified implementation of the “Two time limits” nationwide began in the 20th year of Jiaqing （1815），and remained unchangeably for about 90 years in the Qing Dynasty.However， whether it is the period of“Ten time limits” or the period of “Two time limits”， there are variations in the specific implementation in various places， among which the period of “Ten time limits” is particularly common and complex.The cost of paying taxes， the prevention of all kinds of disadvantages and the convenience of paying taxes are the core factors that promote the evolution of the Bixian system.However， the law is always concerned with one thing and losing the other， and after been carried out for a long time， the abuses will gradually be produced.But on the whole， its system is becoming more and more reasonable.

Key words：Bixian； Cuike； Piaodan； system variation