ABSTRACTS

The Logical Generation and Civilization Narration of the Chinese Path to Modernization（4）

Lu Mingchuan

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

Abstracts：The Chinese path to modernization is a significant manifestation of the Communist Party of China’s creative application of Marxist theory in China，with distinctive Chinese characteristics and farreaching civilized significance.It has gradually formed in the century-old civilization practice led by the Communist Party of China，and has the historical and practical characteristics of civilization.The Chinese path to modernization has determined the goal orientation of civilization in the period of the New Democratic Revolution，laid the institutional foundation of civilization in the period of Socialist Revolution and Construction，demonstrated the Chinese characteristics of civilization in the period of Reform and Opening up and Socialist Modernization，and is showing the world significance of civilization development in the New Era of Socialism with Chinese Characteristics.The new form of civilization created by the Communist Party of China is fundamentally different from the existing forms of Western civilization.It is a form of civilization with the coordinated development of material civilization，political civilization，spiritual civilization，social civilization and ecological civilization.The five-pronged civilization is not only the concrete expression of the Marxist Civilization View in contemporary China，but also the civilization performance and civilization direction of the Chinese-style modernization road.

Key words：Chinese path to modernization； historical materialism； new form of civilization

How Can Monetary Policy Control Effectively Support the Real Economy?——Microeconomic Effects of Quantity and Price Tools（14）

Zhang Yanyan1，Ding Zhiguo1，Ren Haofeng2

（1.Center for Quantitative Economics； 2.School of Business and Management，Jilin University，Changchun 130012）

Abstract：Under the new development pattern，whether the monetary policy regulation can effectively promote enterprise investment and promote the development of the real economy is the key to high-quality economic development.Taking A-share listed companies from 2010 to 2020 as a sample，this paper uses the panel VAR model to test the micro effects of quantitative and price monetary policy，and identify the transmission path of monetary policy effectively supporting the development of real economy.The study found that price based monetary policy tools mainly affect enterprise fixed asset investment through the change of collateral value and alleviating enterprise financing constraints，while quantitative monetary policy tools play a role by alleviating enterprise financing constraints，and the impact range is three times that of price based tools.Further research shows that China’s monetary policy transmission shows obvious heterogeneity.The existence of credit discrimination makes the impact of monetary policy on non-state-owned enterprises delayed，and young enterprises and enterprises in the western region are more sensitive to the impact of monetary policy.This study shows that to improve the transmission efficiency of monetary policy to the real economy，we must not ignore the difference in the regulation effect of quantitative and price tools，scientifically grasp the rhythm of “quantity and price conversion” and pay equal attention to the coordination of policy tools，so as to promote enterprise investment and achieve high-quality economic development.

Key words：quantitative monetary policy； price monetary policy； enterprise investment； financing constraints； collateral value

The Impact of Digital Technologies on the Upgrading of Industrial Structure in Yangtze River Delta（25）

Fang Huliu1，Pan Xian1，Ma Jiujie2

（1.School of Economics，Hangzhou Normal University，Hangzhou 311121； 2.School of Agricultural Economics and Rural Development，Renmin University of China，Beijing 100872）

Abstract：The upgrading of industrial structure is an important path for high-quality development of Yangtze River Delta.As the leading force of innovation-driven development，digital technologies have a profound impact on the upgrading of industrial structure.Based on the data of 41 cities in Yangtze River Delta from 2011 to 2019，this paper constructs mediating effect model，spatial econometric model and panel threshold model to research the relationship between digital technologies and industrial structure upgrading.The results show that：（1）The improvement of resource mismatch and enterprise innovation are the effective intermediary paths for digital technologies to promote the upgrading of industrial structure in the Yangtze River Delta；（2）There is a positive spatial spillover effect of digitaltechnologies on the upgrading of industrial structure；（3）Due to the differences of economic development level，there is a double threshold effect of digital technologies affecting the upgrading of industrial structure： in areas with lower economic development level，digital technologies play a stronger role in promoting the upgrading of industrial structure.The conclusion of this paper not only enriches the achievements of related research fields，but also proposes the policy ideas for industrial structure upgrading and high-quality development of regional economy in the Yangtze River Delta.

Key words：digital technologies； industrial structure upgrading； Yangtze River Delta； digital economy

From Basis to Reasons： Towards A Substantive Conception of “Treating Like Cases Alike”（36）

Zhu Zhen

（Law School，Jilin University，Changchun 130012）

Abstract：As a basic requirement of judicial activities，“treating like cases alike” has two different ways of understanding： one is “treating like cases alike” as a judicial policy； The second is “treating like cases alike” as a way of reasoning.The latter has independent conceptual value and will not only become a popular expression of judicial policy.The orientation of guiding cases in the judicial system not only shows that referring to guiding cases is a legal obligation； It also shows that the content of reference may be the abstract legal reasons embodied in the reasoning of the previous cases.The complexity of the guiding case itself provides the possibility of more abstract theoretical construction of the principle of “treating like cases alike”，that is，starting from the judicial judgment process as the rule of reasons，the substantive reasons are not only the basis for judging similar cases，but also the core reasons for the judgment of pending cases.The substantive concept of “treating like cases alike” not only has a solid theoretical foundation and deepens our understanding of the principle of equality，but also helps to guide the wider use of guiding cases in practice.

Key words：treating like cases alike； equality； reasons

Does “Treating Like Cases Alike” Entails Stare Decisis?——Conceptual Clarification of A Pair of Perplexing Ideas（45）

Wang Linghao

（Guanghua Law School，Zhejiang University，Hangzhou 310008）

Abstract：“Treating like cases alike” in the literal or strict sense is a modal claim about normative legal judgments.The positive part of this claim is that a judge must make the same decision when deciding cases with the same facts； if a judge made different decisions when deciding cases with the same facts，the negative part of the claim entails that he must have been made one or several mistakes.“Treating like cases alike”in this sense is a claim about the supervenience relationship between facts of the cases on the one hand and the legal properties or legal judgments on the other.It has nothing to do with substantial values such as justice and equality.It is also neutral with respect to any theories of adjudication and makes no commitment to rationality or reasonableness.Against the background of statutory legal system，“treating like cases alike” is a mere epiphenomenon of deciding cases according to the statutory law.It does not incorporate stare decisis conceptually or entail it logically.It means that any successful justifications for stare decisis must be substantive ones.

Key words：treating like cases alike； stare decisis；supervenience； rule of law

The Jurisprudence and Reasoning of Judge’s Deviation from Precedents（56）

Sun Haibo

（College of Comparative Law，China University of Political Science and Law，Beijing 100088）

Abstract：The settled cases condense the experience and wisdom of law application and contain solutions to certain legal problems，so they become precedents.Even in common law countries where precedents are regarded as official sources of law，the doctrine of stare decisis is not absolutely unchangeable.Under certain circumstances，judges still have the right to deviate from the precedent.Deviation from precedents has an important legal basis，and it usually takes two paths，distinguishing and overruling.In either case，the judge should give reasons and argue for his decision.Distinguishing requires judges to prove that there is no substantial similarity between pending cases and precedents，and overruling involves judge-made law，and stricter restrictions must be imposed on the latter.

Key words：deviation from precedent； distinguishing； overruling； duty to give reasons； burden of argument

Change Involution into Boundary Extension：Diminishing Marginal Effect of Administrative Approval System Reform and Re-innovation Strategies（63）

Lai Xianjin

（Department of Public Administration，Party School of the Central Committee of the Communist Party of China，Beijing 100091）

Abstract：Administrative examination and approval system reform requires not only total analysis，but also marginal thinking.Since the 18th National Congress of the Communist Party of China，along with the promotion of decentralization，regulation and service reform and optimization of the business environment by governments at all levels in China，the reform of the administrative examination and approval system has achieved remarkable results in terms of total revenue and effectiveness.Facing the future，with the continuous and in-depth advancement and implementation of reforms，reforms have also begun to face the constraints of diminishing marginal effects and laws.How can we further overcome the challenge of diminishing marginal effects of reforms and avoid the risks of reforms falling into involution? Institutions re-innovation is the inevitable path choice to deepen the reform of administrative examination and approval system and eliminate the risk of “Involution”.It is necessary to strengthen the concept of institutional re-innovation，innovate reform objectives，innovate reform contents and innovate implementation methods，in order to expand the cognitive boundary，target boundary，field boundary and efficiency boundary of the reform and constantly enhance the marginal utility of reform.

Key words：decentralization reform； administrative examination and approval system； diminishing margins； involution

Excess Publicness——Governance Paradox in Data Lens（70）

Liu Wei，Xu Mingkun

（Department of Sociology，Jilin University，Changchun 130012）

Abstract：As Castells says，our society is built around the flow，the public expansion of data flow makes everything visible.The data algorithm leads to the mutual embedding and even overlapping of the privatization of public space and the publicity of private space.With the lens of data，society seems to become transparent，and individuals are no longer mysterious and obscure.On the one hand，the daily life process of individuals is reproduced by data，and the continuous visible state formed by data makes social gaze automatically play a role，the data body begins to calibrate the real body，from the data body to the electronic code，people continue to prove “I am me” in the way stipulated by the algorithm.On the other hand，digital twinning makes a “super panoramic prison” shaped by huge personal information flow，under the pressure of monitoring eyes，everyone consciously becomes their own monitor.The data-filled public space is getting farther and farther from Arendt and Habermas’s ideal public action space，turned into a bare display space of the same kind，the demise of the privateness and the excess of the publicness begin to emerge.

Key words：flowing publicness； data body； data lens； transparent society； excess publicness

Maker Relationship Network，Makerspace Operation Mode and Commercialization of Innovative Achievements（78）

Yuan Qigang1，Wen Ke2，Wang Nan3

（1.Business School，Hohai University，Nanjing 210024； 2.School of Economics and Management，Handan University，Handan 056005； 3.Hangzhou Yunqi Town Management Committee，Hangzhou 310000）

Abstract：Based on the perspective of maker relations network and operation mode，this paper makes an empirical study on the commercialization process of innovation outcome of 44 makerspaces in the main regions of China in 2018 by using structural equation analysis method.The research finds that： from the point of view of maker relations network，China mainly includes service-oriented，profit-oriented and enterpriseoriented three operation modes of makerspace； “technological guidance”，“commercial guidance”，“investment guidance” and “promoting the connection between makers” are the “general” functions of various types of makerspace； “makerspace can’t promote the commercialization of innovation outcome” has become the “universality” of all kinds of makerspace； maker relations network and the function heterogeneity of “commercialization of innovation outcome” directly leads to the diversity of the process of “commercialization of innovation outcome” in all kinds of makerspace.

Key words： makerspace； commercialization of innovation outcome； maker relations network； operation mode

Research on the Protection of Labor Rights and Interests of Internet“Gig Economy”Employment Groups（89）

Pan Dan

（Zhejiang University of Finance& Economics，Hangzhou 310018）

Abstract： Due to the phenomenon of lagging legislation，imperfect social security system，unbalanced labor-capital relations and lack of corporate social responsibility in the labor field of gig economy，gig economy employment groups are in a weak state in terms of labor hours management，labor income distribution，labor information access，labor social security and other aspects.To improve the labor rights and interests of Internet “gig economy” employment groups，the government should strengthen the top-level system design in the legal planning，social security benefits，industry supervision and other aspects of the gig industry.Enterprises should standardize governance mechanisms in entry qualification，evaluation and supervision，social security and welfare，data security and other aspects.Gig workers should make efforts in collective cooperation to protect their rights，set up industry organizations and set up professional mutual aid funds.Only through cooperation among the three parties can we achieve a substantial breakthrough in the protection of gig labor rights and interests，and ultimately promote the healthy development of internet gig economy and the new business model of China’s economy.

Key words： gig economy； employment group； labor rights and interests；network society

Rethinking“Open Marxism”and the New Heritage of Frankfurt School（96）

Sun Liang

（Philosophy Department，East China Normal University，Shanghai 200241）

Abstract： Critique of political economy，as a tributary of Frankfurt School，has now presented a rich and full pattern of thought.The New Marxist Reading and its extended idea “open Marxism” highlight the theoretical characteristics of this pattern in a certain sense.“Adornian card” has become the key to understand both ideas，especially in Holloway： don’t start from the perspective of identity，but pay more attention to the non-identity aspect； criticize the “synthesis” of identity and refuse to advocate teleology for real life； non-identity is creativity，while identity is the negation against creativity.Getting back to the critique of political economy，we can see that their “exchange abstraction” as the theoretical support and the ways of critique of capitalism formed by it essentially obscured the exchange of capital and labor，as well as the system of private property right.They called for the rejection of abstract labor，but what they really wanted was the rejection of capitalist production relations.

Key words： open Marxism； Frankfurt School； exchange abstraction

Mental Simulation：Conceptual Portrayal and Neural Representation（103）

Chen Wei

（Department of Psychology，Shaoxing University，Shaoxing 312000）

Abstract： The theory theory versus simulation theory debate is an important extension of the other minds problem within the contemporary fields of philosophy of mind and cognitive science.However，there is a lack of systematic consensus regarding the conceptual portrayal of mental simulation in simulation theory.The current discussion on the concept of similarity in mental simulation focuses on three aspects：（1）a distinction between “mental simulation of ......”and “simulated mental states”； （2）mental simulation is a concrete similarity rather than abstract similarity；（3）the occurrence of a mental simulation must meet the requirements of offline operation and representational surrogates.The discovery from mirror neurons provides a possible neural basis for the concept of similarity in mental simulation，and the activity pattern of mirror neurons partially satisfies the normative constraints of mind reading through mental simulation，and further triggers a rethinking of the concept of similarity.Future research tentacles will expand to higher-order mental simulations and their neural representation，thus promising to provide richer insights into the status of similarity in mental simulation.

Key words： mindreading； mental simulation； similarity； concrete similarity； mirror neurons

The Paradigm Modifications of Happiness Philosophy：Aristotle and Marx（112）

Pu Dexiang1，Zhang Wen2

（1.School of Economics； 2.School of Business Administration，Zhejiang University of Finance &Economics，Hangzhou 310018）

Abstract：Marx’s philosophy has rich happiness connotations，and it has an inherent inheritance and transcendence relationship with Aristotle’s happiness philosophy.Marx modified the basic paradigm of the“ethics -politics” happiness philosophy tradition with the three conceptual categories of “happiness”，“practice” and “l(fā)ife”，and created the “l(fā)abor-society” happiness philosophy.Modification to the concept of happiness，replacing human self-realization with the free and comprehensive development of human beings as the primary condition and internal motivation of the philosophy of happiness，so that the free and comprehensive development of human beings becomes the internal measure and standard of human happiness； the Modification to the concept of practice is based on labor Practice replaces moral practice，making labor practice a universal and essential activity of human happiness； the Modification of the concept of life replaces narrow political life with social life，making social life a true theory of good life.Different from the traditional self-realization-virtual practice-political life，Marx constructed a new theory of comprehensive free development-labor practice-social life.

Key words： happiness philosophy； happiness view； practice view； life view

On Literary Practice and Aesthetic Norms in the Age of Consumerism（119）

Fu Shouxiang1，Wei Lina2

（1.School of Humanities，Wenzhou University，Wenzhou 325035； 2.School of Foreign Languages，Huzhou University，Huzhou 313000）

Abstract： The strength of literature and art lies in pleasantness，delight，and nourishment，but with the popularity of consumerism and the rise of new media on the Internet，literature and art production has tended to be overly entertaining，commercialized，and capitalized； the original aesthetic creation，which is good at expressing the beauty and nobility of the world，showing the width and depth of human nature，and shaping noble personalities and excellent insights，is often reduced to pale slogans，vague forms and aesthetic gimmicks，and even the clarity in humor，the wisdom in comedy，and the vigilance in playfulness are often replaced by entertainment fashion chasing and sound and light sensory stimulation.Cultivating a good literary ecology and aesthetic norms requires “releasing water to feed the fish” and “keeping the bottom line”，and the cultural development of the new era requires fine maintenance and civilization accumulation under long-term thinking.

Key words： consumerism； literary practice； aesthetic norms； entertainment to death； popular culture

From Painting Zhezhi Flowers to Decoration with Flowers：The Different Treatment and the Mutual Inspiration between Chinese Art and Western Art（126）

Wang Caiyong

（Department of Chinese Language and Literature，F(xiàn)udan University，Shanghai 200433）

Abstract： A closer look at the German Meissen’s imitations of Chinese porcelain reveals that the offshoots emerging during the imitation process are insidiously caused by the different aesthetic pursuits of China and the West.Taking the adjustment of painting zhezhi flowers during the imitation process as an example，we can find that painting zhezhi flowers is embedded in an aesthetics of non-self，which has erased the traces of artistically polished processing of nature to a minimum degree that as if it’s inartificially.On the contrary，as the manmade image being accepted as beauty，the European treatment by Meissen pursuits exactly the opposite.It’s quite clear that there is a Self of mechanism or of appreciation at the core of the western aesthetics by displaying a directly man’s intervention and adaptation in nature.As a result，the conflict is inevitable when the aesthetics of non-self meets the aesthetics of self，which is also destined to some offshoots.Derived from these conflicts between intercultural aesthetics，the great success of Meissen’s onion pattern painting shows that positive aesthetic effects can be achieved through the opposition aesthetic pursuits of China and the West.

Key words： painting zhezhi flowers； decoration with flowers； aesthetics of non-self； aesthetics of self；intercultural offshoot

The Critical Neo-Confucianism during the Dynastic Changes from Ming to Qing Dynasty：Re-discussions on the Properties of Lvliuliang’s Neo-Confucianism（133）

He Shanmeng

（School of Philosophy，Zhejiang University，Hangzhou 310058）

Abstract： In the past，the discussions of Lvliuliang’s Neo-Confucianism basically summarized by “respecting Zhu and criticizing Wang”（Zun Zhu Pi Wang）.This paper holds that in fact，the statement of “respecting Zhu and criticizing Wang” is not appropriate，because this explanation is actually vague.It can not accurately express the ideological status of Lv’s era，Lv’s own identity for self-identity and the basic value tendency of Lv’s thought.In view of this，this paper believes that Lv’s Neo-Confucianism can be regarded as critical Neo-Confucianism，which can better reflect such a specific Neo-Confucianism thoughts during the dynastic changes from Ming to Qing Dynasty.He is obviously critical of Wang Xue，but it is different from Zhu Zi’s thoughts in a general sense.Such differences are determined by Lv’s special living atmosphere and identity consciousness.

Key words： LvLiuliang； the dynastic changes from Ming to Qing Dynasty； critical Neo-Confucianism

From“Ju”To Research Institutions：A Perspective of the Early History of Chinese Modern Enterprises（143）

Li Zhiming

（Institute of History，Shanghai Academy of Social Sciences，Shanghai 200235）

Abstract： In the Late Qing Mufu，there appeared a large number of institutions with the name of “ju”，one of which was westernization enterprises.As the first batch of modern enterprises in China，they started China’s modernization journey that is still on the road.They have long been a hot topic of academic attention and research，and have been repeatedly written over and over again by several generations，with great achievements.However，many studies had attributed the failure of their operation to the intervention of the state and the resulting corruption，and many had used western economic theories or the historical cognition of the era to demonstrate from different sides，which had strengthened and solidified the above argument.As a matter of fact，the westernization enterprises in the late Qing Dynasty，as the Mufu organization，originated and attached themselves to the local place from the very beginning，so the research on them should also start from the local standpoint or “ju” perspective，which is only logical and factual.Take China Merchants Steamship Navigation Company as an example.It was the westernization institute of the Mufu，which Li Hongzhang prepared in advance，presented memorial to the throne，and always controlled in his own hands.He had many responsibilities for it，but he also saw it as his own and used it to his own advantage.Therefore，the various oddities and graft problems in the early China Merchants Steamship Navigation Company were mainly related to the Mufu management method adopted by Li Hongzhang.Similarly，it is a feasible way to study the early history of other westernized enterprises from the perspective of “ju”.

Key words： Ju； Late Qing Mufu；westernization enterprises； research approach

Code Commentary in Importing Jurisdictions（152）

Zhang Cheng

（Guanghua Law School，Zhejiang University，Hangzhou 310008）