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2019 Vol. 58, No. 2
Published: 2019-03-27
1
The Transformation and Development of Rural Governance in China under the Background of Urbanization
Xiang Jiquan Liu Kaichuang
Urbanization is the product and performance of industrialization and modernization, and it is also a concentrated manifestation of social civilization and progress. Urbanization has promoted the modern transformation of China’s peasants, agriculture and rural areas, as well as the civilized transformation of the entire country from the agricultural society to the urban society. This paper analyzes the development of China’s urbanization and its basic transformation and demand for rural social governance. It emphasizes that China will transform from “urban-rural China” to “urban China” in the next 30 years. Rural society will become more mobile, open, differentiated and diverse, peasants will become more independent, individualized and diversified, and urban and rural areas will gradually move toward equality and integration. The peasants’ rights awareness,democratic consciousness and legal sense are increasing, and peasants’ public demands and action ability will be significantly enhanced. All these will require and promote major changes in China’s rural grassroots social governance system, governance structure, governance function and governance methods, and it is necessary to build a grassroots social governance system that is a city-town-led, open and inclusive system with urban-rural integration, civil equality, democracy and legality.
2019 Vol. 58 (2): 1-9 [
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10
Construction of Local Governance Order——From the Perspective of Interaction between State Law and Customary Law in the Ming and Qing Dynasties
Cui Jing
How to achieve the unity of governance order between the state and local society is a growing topic. It is important for China in the traditional imperial era and after that. In the Ming and Qing Dynasties, state law and customary law had division and cooperation in the process of the construction of local social order. Firstly, customary law was formed on the basis of folk customs or habitus, adjusting the dispute of “minor details” in the daily life such as “household, marriage, farmland, money, debt” and so on. It had played a role of “moistening things silently” for the governance of local society. State law was formulated and promulgated by government agency, focusing on the “major events” of the political and economic matters of the state beyond the “minor details”. Secondly, state law and customary law collaborated and integrated with each other in local social governance. State law recognized and absorbed customary law in varying degrees;customary law was also actively calling for “being inducted” into state law. The key to the integration of state law with customary law is the unified “core values of supporting judicature” which run through both official and civil litigation. The integration and homoorganicity of “judicial core values” support the “equity” between “human relationship” and “law” examined by local officials and civil arbitrators and make the law intertwined with the religious belief and etiquette system in the local society. It promotes the unity of state and society in the governance order at the local level. This observation is very enlightening on how to mitigate and transform the contradiction between the unified system and effective governance through the new governance structure in the new period of China, reconstructing the local governance order combined with the traditional and modern, and realizing the super stable structure of the state governance with conceptual integration.
2019 Vol. 58 (2): 10-19 [
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633
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20
From “Personal Servitude” to “Superficies”——Reshaping the Right to Use the Homestead
Wen Shiyang Han Fuying
The right to use the homestead under the usufruct system is engraved with the character of personal servitude. Although the social security function has been realized, it is difficult to realize the property value and financing function of the land. The policy of separation of three rights relating to rural homestead is a subdivision of the private rights of the land, expanding the right to use the homestead. Firstly, the compilation of property rights in the civil code should adopt the shaping path of superficies, respond to the policy guideline of separation of three rights,break through the institutional barriers of the personal servitude, and improve the corresponding system design. Secondly, the circulation of the right to use the homestead should be properly lifted, so as to retrieve the nature of property rights and promote the realization of financing function. Thirdly, taking advantage of the opportunity of the completion of registering the rights of contracted land, we should adopt the rules of registration effectiveness to realize the publicity of the change of real right. Fourthly, exploring the rewarding acquisition mechanism and adopting the approach of different treatment to construct, we should adopt the withdrawal and compensation model on a voluntary basis and perfect the multiple compensation mechanism to protect peasants’ interests. Lastly, we should strengthen the collective land ownership, prevent it from weakening and being void, and fulfill the collective member right,so as to realize the protection of peasants’ rights.
2019 Vol. 58 (2): 20-29 [
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571
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30
Research on the System of Regulations on Rural Funeral Lands: Dilemmas and Improvement
Ding Wen Feng Yiqiang
The system of regulations on rural funeral lands is made up of Regulations on Funeral and Interment Control, Interim Regulations on the Administration of Cemeteries and some local regulations. The rural funeral lands can be divided into three types: the centralized rural funeral lands, relatively centralized rural funeral lands and the fragmented rural funeral lands. Different regulations have different control capability to the three kinds of funeral lands. In the judicial practice, the court has no jurisdiction over the cases relating to rural funeral lands in principle, some relevant regulations in Regulations on Funeral and Interment Control are not suitable for unauthorized cemeteries and rural nonprofit burial sites, and the liabilities of the civil affairs department can not be exempted even if the rural nonprofit burial sites have not been approved. There are deficiencies in the system of regulations on rural funeral lands: the regulations are not in line with the rural practice; the court’s jurisdiction is under dispute; the management power of the civil affairs department can not be implemented. Those problems should be solved by limiting the applicable boundaries of regulations on rural nonprofit burial sites, clarifying the range of the court’s jurisdiction, fulfilling the management power of the civil affairs department.
2019 Vol. 58 (2): 30-38 [
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395
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39
Research on the Efficiency Loss of Agricultural Subsidy Policy Based on the Perspective of Green Development
Tu Zhengge Gan Tianqi Wang Kun
In order to explore the efficiency of agricultural subsidies under environmental constraints, this paper takes the economic and social development data of 18 provinces from 2004 to 2013 as the research sample, and evaluates the efficiency of agricultural subsidies within the analytical framework of the DEA directional distance function and its decomposition method. The results show that, although the total amount of agricultural subsidies has increased year by year, the subsidy efficiency has not been effectively improved. Although factor input has a certain crowding out effect on the subsidy effect, non-point source pollution also compensates for the positive effect of subsidies, the increase of output compensates for the loss caused by the extrusion effect and non-point source pollution to some extent. Therefore, upgrading the level of technology, innovating the methods of subsidies, and increasing support for eco-agriculture may become the main direction of subsidy development in China.
2019 Vol. 58 (2): 39-49 [
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463
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50
Transmission Effectiveness of Japanese Negative Interest Rate Policy and Its Significance
Ma Li You Yang
This paper studied the transmission effectiveness of easy monetary policy with the negative interest rate policy and Quantitative and Qualitative Easing in Japan based on BVAR model by means of 171 data series in 9 districts and 47 prefectures, and conducted several robustness checks by the Minnesota prior distribution method and the Normal-Wishart prior distribution method. It concluded that, the negative interest rate policy in a short term could lower the unemployment rate to some extent, and boost output and the surge of inflation,but as a whole, the negative interest rate policy had not achieved the expectation of the monetary authorities,which was not a magic key to boost economy recovery. Hence monetary authorities should be more prudent to adopt the negative interest rate policy due to the failure of conventional monetary policy in ultra-low interest rates environment. In crisis, merely lowering rates may lead capital to virtual economy. Chinese monetary authorities should take initiative to develop the real economy and help enterprises enhance investment returns, which could balance and improve the supply side structural reforms and take a great leap of Chinese economy forward.
2019 Vol. 58 (2): 50-59 [
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60
On the Good Life of People
Qiang Yihua
The good life of people represents the highest value as the goal of Chinese Communist Party, but it is a concept with ambiguity and controversy.This paper argues that there are actually two explanations about people's good life: good life of humankind and good life of individuals. The former is based on the “genus” characteristics of human beings, and its core is sensual happiness and rational virtue. The latter is based on the “individual” characteristics of human beings, and its core is the realization of the generalized human preferences.Only by integrating good life of humankind and good life of individuals, and appropriately handling the relationship between them, can we fully understand the good life of people and propose more targeted measures for the realization of a better life.
2019 Vol. 58 (2): 60-66 [
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67
Examining Poverty from the Cultural and Ethical Perspective
Qiao Yongbo Long Jingyun
“Poverty” and “culture” are inextricably linked together. Poverty and its development will inevitably lead to cultural poverty; on the contrary, cultural poverty and poverty culture will also aggravate poverty, anti-moral and other social problems. This requires us to have the theoretical consciousness and academic consciousness of examining poverty from the cultural and ethical perspective. After investigating the corresponding relationship among poverty, cultural poverty, poverty culture and poverty stratum, this paper puts forward the basic strategies for eliminating the influence of cultural poverty and poverty culture on poverty stratum: vigorously developing the economy of poverty-stricken areas to lay a material foundation for eliminating poverty culture, scientifically promoting education, science and culture in poverty-stricken areas to guarantee the elimination of poverty culture, effectively promoting social integration to rebuild humanistic environment to eradicate poverty culture, emphasizing the volunteer service function of non-governmental organizations to accelerate the process of eradicating poverty culture.
2019 Vol. 58 (2): 67-75 [
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76
On the System of French Cultural Industry Laws and Its Inspiration
Cai Wujin Peng Longlong
France is a country with developed cultural industries in Europe, and its cultural industries development attaches great importance to the national support and safeguard. In addition to the state's financial allocation and the necessary policy protection, the development of French cultural industries has obtained strong guarantees by comprehensive legislative measures and system construction. Based on the cultural development needs and the rule of law practice, the cultural industry laws in France have established the basic principles for the development of the French cultural industries, and also the cultural protection system with a strong government intervention, the hierarchical cultural industry management system, the multi-party financial and tax support system, and the future-oriented innovation incentive system. Observing the legislative experience of French cultural industry laws is of positive reference for the advance of the Cultural Industry Promotion Law, which has been included in the five-year legislative plan proposing at the 13th National People's Congress.
2019 Vol. 58 (2): 76-84 [
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Structural Optimization on Culture Policy of Intellectual Property in China from the Perspective of Cultural Governance
Liu Hua Huang Jinchi
The Chinese practice of intellectual property culture is an important cultural innovation in the evolution of traditional culture, and the culture policy of intellectual property deeply influences the success or failure of the modernization transformation of local culture. However, By practicing the current cultural policy of intellectual property, it is difficult to achieve the expected policy effects due to the single structure of policy subject and the restriction of implementation mechanism. It's necessary to transform the policy paradigm from instructing to governance under the guidance of meta-governance theory. In order to promote structural optimization on culture policy of intellectual property, the government should take the consensus on the value of intellectual property as the core goal, through changing policy concepts, expanding policy subjects, refining policy levels and enriching policy instruments.
2019 Vol. 58 (2): 85-90 [
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368
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91
The Reconstruction and Activation of Meta-stories——From Folk Narrative Principles to the “Hollywood Bible”
Chen Jianxian
The meta-story is an original model revealing the deep structure of folk narratives. Since 19th century, scholars from all over the world have been trying to reconstruct the meta-stories. Among them, Johann Georg Von Hahn (1876) of Germany, Otto Frank (1909) of Austria, Lagrange (1934) of Britain and Campbell (1949) of America were the representative ones who proposed their models of the meta-stories. In 1908, Axel Olrik of Denmark proposed to establish the “Systematic Narrative Science”, summed up 13 principles of epic laws, and tried to reconstruct the theory of folk narratives. In 1928, the morphology of the folktale proposed by Vladimir Propp of Russia had made a great contribution to the world. In 1993, American playwright Cristopher Vogler transformed Joseph Campbell’s “the-hero-with-a-thousand-faces model” into a mode of “the hero’s journey”, which was seemed as a bible by the playwrights in Hollywood.
2019 Vol. 58 (2): 91-96 [
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97
Review of Legend Studies in the West
Zhang Jing
Legend studies in the west have undergone about two hundred years since the Brothers Grimm’s collection of German legends. It underwent four stages:the early stage centering on collection and publication and the developing stage centering on indexing and legend types, both of which were in Europe. Legend studies emerging in the United States in the 1960s centered on contemporary (urban) legend,which led to the transformation of legend studies in the west. Legend studies in the United States attempted to involve multifarious methodologies from folkloristics including performance theory,context analysis and teller analysis,and introduced multiple theoretical perspectives of psychology, sociology, gender studies, and ethnic group studies,which heralded a sociology-anthropology tendency and the independence of legend studies in folkloristics.
2019 Vol. 58 (2): 97-103 [
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104
On Alai’s Reference and Transformation of Foreign Literature
Wu Daoyi
The learning, reference and creative transformation of foreign literary experience is one of the important reasons for the success of famous Tibetan writer Alai’s literary creation. On the one hand, Alai has demonstrated his emphasis on studying American literature, Latin American literature, and European literature in studying foreign literature, and has extensively borrowed experience from foreign literature in various aspects such as literary ideas, creative techniques, literary skills, and styles; On the other hand, according to his own national conditions, Alai has made a creative transformation of foreign literary experience, through combining foreign literary traditions with Chinese classical literary traditions and Tibetan oral literary traditions, rebuilding foreign literary experiences, distinguishing advantages and disadvantages of foreign literary experiences,and processing, recomposing and innovating foreign literary experiences.
2019 Vol. 58 (2): 104-109 [
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471
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The Historical Value of Author’s Preface in Attempt Collection by Hu Shi
Jin Hongyu Xiang Ahong
Hu Shi is one of the initiators of new poetry in the 1920s,and his work Attempt Collection is the first new poetry collection created by individual,which is of groundbreaking significance in the history of Chinese new poetry. Attempt Collection was published by Yadong Library in March 1920,and had gone through four editions in two years. From the first edition to the fourth edition, Hu Shi had written three prefaces: the first edition, the second edition and the fourth edition. These three prefaces are of great significance, covering creation, criticism, theory, history and other aspects, and are important resources for studying Hu Shi’s creation and theory of new poetry. This serie of prefaces not only reflected the evolving landscape of Hu Shi’s view of new poetry,but also represented the critical context of the new poetry’s emergence period, which has important value of intertextuality. In addition, the way of writing and publishing of these prefaces had played an important role in the formation of the classical status of the collection.
2019 Vol. 58 (2): 110-116 [
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Sovereignty or Interest: The Dispute of Jiang and Gui about the Cut Down and Merging of Wuchow Customs after the Victory of the Counter-Japanese War
Zheng Chenglin Zhao Haitao
After the victory of the Counter-Japanese War, the National Government decided to reorganize the customs system and successively cut down the inland river customs offices in the Mainland, hoping to recover the inland navigation rights and strengthen the control of the customs. In this adjustment, Wuchow customs was first reduced to sub-branch customs, and could not carry out foreign trades. After Li Zongren entered the Central Government, Wuchow customs was recovered. However, all walks of life in Guangdong believed that this move was detrimental to sovereignty and did harm to the economy, so they strongly resisted it with the support of some politicians. Li Zongren was forced to compromise, and the Executive Yuan also had to make a correction and make it clear that Wuchow was set up as a branch customs and could directly carry out foreign trade, but not open to the outside world. This dispute revolved around the sovereignty of inland navigation, but essentially influenced by multi-faceted interests,mainly reflecting the competition of power and interests between the Guangdong and Guangxi factions and even among the Kuomintang internal factions.
2019 Vol. 58 (2): 117-126 [
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477
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127
Collected by the Tax Bureau or through the Agent:The Path Choice by the Tianjin Governmentto Collect Business Taxes before the Counter-Japanese War
Wei Wenxiang Zhang Li
At the beginning of 1931, the Finance Ministry of the National Government issued a policy of business tax and supplementary measures for the local government on how to collect taxes, which meant the government began to levy business taxes to make up for the loss of Li-kin(厘金) abrogation for the local government. The local government could be able to decide tax rates and the way of how to collect taxes to some extent. As a matter of fact, the local governments collected business taxes in their own way and mostly inclined to choose an agent to help them. Generally, the chamber of commerce was the ideal agent. In that time, Tianjin was an important industrial and commercial city with abundant sources of business taxes in North China. Tianjin Chamber of Commerce was also one of the most important merchant organizations. Compared with other provinces,Tianjin government shifted its ground many times. At the same time, the Chamber of Commerce kept on asking to be authorized to collect taxes as the agent. It was very difficult for the government to make choices between efficiency and justice.
2019 Vol. 58 (2): 127-137 [
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138
On the Southwest China Studies of Huachung University during the Counter-Japanese War
Ma Min Wu Helin
During the Counter-Japanese War, Huachung University moved to Xizhou town, Dali city, Yunan province via Guilin. Under the circumstances of great difficulties, the university continued its teaching and research. With the sponsorship of Havard-Yenching Institute, the faculty members of the Humanities at Huachung University adopted the international research methodology to explore the history, culture, languages, traditions and societies of southwest China, and conducted the social surveys, linguistic and cultural studies about the ethnic minorities in the borderland. Together with the National Southwest Associated University and Yunnan University, Huachung University and its scholar played an important role on the academic research about the Southwest China during that period.
2019 Vol. 58 (2): 138-146 [
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544
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147
There are Special Animals in the Sea:Interpretation of Animal Texts and Images in Xiyang Ji
Zou Zhenhuan
The paper first discusses the sources of the descriptions of animals at home land and abroad in the novel Xiyang Ji, and secondly analyzes the images and symbolic meanings of the various animals described in the novel. Then according to the offerings of the tributes including marine animals, lions and other precious animals in the novel,it reveals how the folk novelists represented by Luo Maodeng echoed the descriptions of Chinese traditional auspicious animals through the images of animals inside and outside the domain, and catered to the political interest of the traditional dynasty countries craving for rare animals.
2019 Vol. 58 (2): 147-156 [
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478
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157
On Education Quality of Small Rural Schools: Realistic Predicament and Improving Paths
Zhao Dan Chen Yuchun Zhao Kuo
From the perspective of high-quality balance of compulsory education,within the three-dimensional analytical framework of input quality, process quality and result quality, the realistic predicament of the quality of current small rural school education is presented in depth. On this base, this paper then analyzes the reasons of the predicament, including the facts that the disadvantage position of small rural schools caused by the urban-rural dual structure is hard to change, the current educational financial system is not reasonable, the allocation of teacher resource is deviated from the rural reality, the advantages of small rural schools have not been dig out fully, and the interactive mechanism between the small rural schools and the communities has not been established. Therefore, it suggests that, in order to improve the quality of small rural school education, it is necessary for governments at all levels to enhance the position of small rural schools, through strengthening the financial responsibility of province and the fair allocation of teacher resources, implementing the reform of teaching models and curriculum innovation, and promoting the interaction between schools and communities.
2019 Vol. 58 (2): 157-167 [
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168
Micro-Power in a School Ethnography: Observation on Rural Migrant Children in a Chinese Urban School
Zhang Donghui
Since the “Two Mainlines” Policy was put into effect, an increasing number of migrant children in China have been allowed to enter urban public schools. What are their schooling experiences in these schools? This study is a micro-ethnography based on the three-year longitudinal fieldwork in a Beijing public school. Through exploring the daily activities and routines in the everyday school life, this study found that there existed various hidden mechanisms embedded in the school entry procedures, classroom teaching as well as extracurricular activities, which deviated from the stated goals of educational equity. Such hidden curriculum reflected unequal structures and power relations in the wider society and served to exclude migrant children outside the regular school activities in the urban educational system.
2019 Vol. 58 (2): 168-175 [
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Bringing Educational Activity Back in the Research Horizon——Reflection on the Developmental Orientation of the Sociology of Education
Wang Yousheng
The sociology of education in China has gone through four phases: in 1920s and 1930s, it was newly established, and characterized by social enlightenment and educational transformation; in 1980s, it was re-established, and concentrated on the relationship between education and society under the paradigm of educational basic theories; in 1990s and early years of the first decade of the 21st century, specific areas of the sociology of education flourished; in recent more than ten years, it turned to policy research, and has been in a mood of somewhat wandering. To converge the two perspective of “practice orientation” and “critic orientation” may have implication for the possible direction of the sociology of education. “Fact study”, as the basic methodology of the sociology of education, has its limitation; “Critic orientation” may be an important characteristic of the sociology of education, but is not the core characteristic. And “education equity” may be an important thesis, but could not be the core problematic field. Educational activity should be at the core of the research horizon of the sociology of education.
2019 Vol. 58 (2): 176-186 [
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187
Why Do Individuals Tend to Conduct Immoral Behaviors Repeatedly?——Based on Psychology Interpretation
Wu Lin, Bai Zhongqi
Some individuals are accustomed to doing immoral things in real life. From the perspective of psychology, the reasons for the above can be generalized into moral disengagement, self-serving justifications, double-evaluation mechanism, memory fading, etc. Moral disengagement causes individual’s moral cognition and moral self-reflection out of action in restraining, judging and regulating the current immoral behaviors, and relieves individuals from psychological conflicts or pressures arising from perceiving violation of moral standards. self-serving justifications is divided into pre-violation justifications and post-violation justifications. This mainly refers to the moral disorder of an individual caused by moral self-discipline before the immoral behavior occurs and after the immoral behavior is not discovered. When an individual is unable to shirk or defend himself/herself from immoral behaviors, in order to continue unethical behavior and maintain a positive self-image, a double-evaluation mechanism is enabled to distract others’ attention to such immoral behaviors. Memory fading means that an individual actively forgets or lets immoral behavior automatically fade, giving up the memory which may evoke negative scenes of conduct and concrete details, and excluding the memory which may cause threat to behavioral clues and details of self-concept congruency.
2019 Vol. 58 (2): 187-192 [
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