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Volume 46 Issue 1, 01 January 2025

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Research and Interpretation of the Spirit of the Third Plenary Session of the 20th Central Committee

Further Comprehensively Deepening Reform:Theoretical Connotations and Major Significance

YAO Xiujie

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 1-8.

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The Third Plenary Session of the 20th Central Committee of the Communist Party of China (CPC) focused on promoting Chinese modernization and made systematic arrangements for further comprehensively deepening reform.This is both a summary and sublimation of the successful experience of the Party's leadership in reform and opening up,and a fundamental guide and action plan for achieving Chinese modernization.From the perspective of theoretical connotations,the Third Plenary Session of the 20th Central Committee of the CPC takes "Party leadership" as the primary principle,"people-first" as the relentless pursuit,"two adaptations" (the adaptations of the basic tenets of Marxism to China's specific realities and the needs of times,and to its fine traditional culture) as the ideological guide,"upholding fundamental principles and breaking new ground" as the key,and "opening up to the outside world" as an inherent meaning for further comprehensively deepening reform.These elements constitute a theoretical system with rigorous internal logic.Further comprehensively deepening reform has developed the content system of socialist reform theory and pushed it to a new height.It provides strong momentum and institutional guarantees for Chinese modernization,points out the practical path for promoting Chinese modernization,profoundly answers the fundamental question of "for whom,relying on whom,and benefiting whom" in reform,unites the strong forces of the people across the country to forge ahead,provides path choices for developing countries to achieve modernization,and expands a new horizon for the development and progress of human society,thus it undoubtedly has very significant importance.

The Effective Improvement of Economic Quality and the Rational Growth of Quantity:Generation Logic,Scientific Connotation,and Practical Strategies

PEI Guangyi, WANG Fei

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 9-20.

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Focusing on the high-quality development of China's economy,it isnecessary to balance the dual goals of "quality" and "quantity".Promoting the effective improvement of economic quality and the rational growth of quantity is an important part of China's economic development strategy,which reflects the strategic demand for China's economy to shift from a stage of high-speed growth to that of high-quality development under the background of the new era.From the perspective of generation logic,for the existence of this idea,Marxist thoughts on the quality and quantity of economic development provide fundamental theoretical support,the thoughts on the quality and quantity of economic development throughout the history of New China provide important historical guidance,and Xi Jinping thought on the quality and quantity of economic development for a New Era provide scientific practical requirements.From the perspective of scientific connotation,determining quality indicators,addressing quality shortcomings,and focusing on innovation and technological upgrading arethe key to achieving the effective improvement of economic quality.Unlike traditional economic growth models,the rational growth of quantity pays more attention to balanced development,sustainable growth,improving income distribution,and eliminating social inequality.From the perspective of practical strategies,it is necessary to guide by the new development concept,take supply-side structural reform as the main line,ensure the basic economic system of socialism,and support the modern economic system as a strategic pillar,to coordinate and promote the organic unity of improving the quality and increasing the quantity of economic development.

Artificial intelligence and big data

Model Selection and Practical Path for Building a Big Legal Model

LI Xin

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 21-36.

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The development of legal artificial intelligence algorithm models has gone through the "reasoning period" of summarizing reasoning rules,the "knowledge period" of building expert knowledge,and the "learning period" of applying machine learning,and has now entered the "big model period" of building big legal models.The construction of a legal big model is generally based on a basic big model.The main construction modes include the general large model fine-tuning mode and the expert knowledge base enhancement mode.There are significant differences between the two construction modes in terms of data preparation,computing resources,and training process.At present,relevant research at home and abroad has been invested in the exploration and practice of building big models in the legal vertical field.However,due to limitations such as low data quality,incomplete legal knowledge,difficulty in algorithm interpretation,and lack of prompt engineering,the research and application of legal big models have not yet achieved the expected results.When constructing a legal big model,we should fully consider factors such as the model's open source level,the number of training parameters,domain relevance,service model,and application scenarios to select a suitable general big model as the model base,and then improve the model effect according to four key steps:legal data,legal knowledge,instruction engineering,and result evaluation.In the application practice of several core business scenarios,we should further summarize and feedback the problems existing in the legal big model,and continuously optimize and adjust it.

Theoretical Challenges and Solutions for Data Interconnectivity and Interoperability in the Metaverse Context

ZHOU Ruijue

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 37-48.

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As a future technological form of the internet,the metaverse is characterized by deeper open interconnectivity.By integrating information technologies such as virtual reality,digital twins,and blockchain,the metaverse can provide services and experiences that combine the virtual and the real in various application scenarios,including office work,performances,tourism,and gaming.A key aspect of achieving this technological goal is the interconnectivity and interoperability of social data resources.However,issues such as unclear data ownership,unclear benefit attribution and difficulties in controlling security risks hinder the flow and integration of data resources.From the perspective of data relationship theory,the economic value of data comes not only from the information content included in the data itself but also from the social relationships reflected between data,corresponding to individual rights and group rights at the rights level.Different types of rights imply different protection models and governance paths,requiring the realization of governance effects for data interconnectivity and interoperability from four levels:usable standards for data formats,rules for group data use,rules for joint benefits of public and private data,and special data security assessments.

Topic: New Quality Productivity

Labor Employment Policy Empowering the Development of New Quality Productive Forces:Logical Mechanism and Practical Pathways

CHEN Renxing

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 49-58.

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The synergistic development of labor employment policy and new quality productive forces is the key to achieving high-quality economic growth.There exists an interwoven relationship between new quality productive forces and labor employment policy:new-quality productive forces pose higher-level demands and new challenges to labor employment policy,while labor employment policy also needs to be continuously adjusted and improved in response to the development needs of new quality productive forces.The specific areas where labor employment policy empowers the development of new quality productive forces include labor protection,unemployment insurance,public employment services,and vocational training,playing a key role in safeguarding workers' rights,enhancing employment quality,and promoting industrial upgrading.However,the existing labor employment policies are lagging in responding to the development needs of new quality productive forces and have not actively adapted and adjusted,facing systemic challenges among different policy subsystems.Specifically,the challenges faced by labor employment policy in empowering the development of new quality productive forces mainly include the lack of adaptability and flexibility in labor protection policies,the weak employment-promotion function of unemployment insurance policies,unbalanced and insufficient development of public employment services,and outdated content in employment training.Therefore,the effective interaction between labor employment policy and the development of new quality productive forces can be achieved by adjusting the direction of labor protection policies,partially reshaping unemployment insurance policies,establishing a labor demand-oriented public employment service system,and reconstructing employment training policy design centered on labor force cultivation,thereby empowering the development of new quality productive forces.

New National System and the Development of New Quality Productive Forces:Chinese Model and Mechanism Innovation

LIU Dian

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 59-70.

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The new national system can effectively promote the development of new quality productive forces through integrated innovation ecosystem mechanisms,dynamic feedback and continuous iteration mechanisms,and the development of dual domestic and international dual-circulation mechanisms.The integrated innovation ecosystem mechanism emphasizes government guidance,collaborative cooperation between industry,academia,research,and application,and the efficient use of market mechanisms,thereby constructing a collaborative,efficient,and resource-sharing innovation environment that promotes the diffusion and application of technology.The dynamic feedback and continuous iteration mechanism can improve the efficiency of technological innovation and market competitiveness by rapidly responding to market feedback,implementing flexible research and development strategies,encouraging quick trial and error,and continuous learning,and is expected to promote the transformation of China's innovation system from technology diffusion and application orientation to continuous iteration orientation.The development of domestic and international dual-circulation mechanism can enhance the autonomy and resilience of the domestic economy and promote the deep integration of China with the global market through in-depth development of the domestic market and active expansion of the international market.Participating in the formulation of international standards,seeking international cooperation and technological exchanges,and promoting national brands and technological products through multinational corporations and overseas investments can enhance China's influence in the global market.Bidirectional opening and global competition strategies are expected to further enhance the country's global competitiveness and contribute to global innovation and economic development.Overall,the new national system is characterized by integrating dual-driver and closed-loop innovation,and can achieve a transformation from technology diffusion and application orientation to continuous iteration orientation.By integrating domestic and international resources,optimizing the innovation environment,and promoting open cooperation,the new national system is expected to effectively promote the development of new quality productive forces and provide new momentum and direction for the global innovation system.

Ecological Environment Forum

The Regulatory Logic and Resolution to the Dilemma of "First-time Offense Exemption" in the Ecological Environment

LI Ainian, WAN Zhihan

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 71-81.

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The revised "Administrative Penalty Law" of China in 2021 explicitly stipulates in Article 33,Paragraph 1,that "for a first-time offense with minor harmful consequences and prompt correction,an administrative penalty may be exempted." This is academically summarized as the "First-time Offense Exemption" system.To optimize the business environment and implement the concept of prioritizing ecological protection,the "Administrative Measures for Environmental Protection Penalties" revised in China in 2023 explicitly introduced the "First-time Offense Exemption" system into the field of ecological environment.As a new institutional innovation to alleviate the trend of heavy penalties in administrative penalties,the "First-time Offense Exemption" in the ecological environment has significant advantages in optimizing environmental governance methods.The "First-time Offense Exemption" in the ecological environment has its own unique regulatory logic,including a normative logic characterized by static connotation and dynamic application,and a practical logic with incentive-based prevention as the main body and deterrent-based prevention as a safeguard.Correspondingly,the "First-time Offense Exemption" in the ecological environment has structural defects in the normative structure of "broad in front and narrow in back|",and dilemmas in practice such as insufficient deterrent-based prevention effects and the capture of incentive-based prevention effects.In response,it is necessary to set practical and targeted strategies based on its regulatory logic and applicable dilemmas:on the one hand,the normative application system of "First-time Offense Exemption" in the ecological environment should be optimized by focusing on the criteria for discretionary requirements and the construction of discretionary effects;on the other hand,it is appropriate to strengthen the practical operation effects of "First-time Offense Exemption" in the ecological environment by starting with a diverse responsibility system in the ecological environment and internal management-type regulation of involved enterprises.

The Evolution and Determination of the Legal Interests in Environmental Pollution Crimes

LIU Shuang, ZHANG Zunpu

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 82-91.

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Clarifying the legal interests isthe key to resolving the ambiguity in the determination of environmental pollution crimes.Based on several amendments to the criminal law on environmental crimes,the legal interests in environmental pollution crimes have evolved through a gradient of theoretical concepts,including anthropocentric legal interest theory,pure ecological legal interest theory,and ecological anthropocentric legal interest theory.Compared to the first two legal interest theories,although the ecological anthropocentric legal interest theory is more persuasive,there are still doubts about how it handles the relationship between human survival and development rights and ecological environment legal interests within a dualistic subject,and whether it can be integrated with the concept of restorative justice.Therefore,to ensure the smooth progress of ecological civilization construction,it is necessary to construct the interpretation of the legal interests in environmental pollution crimes from both internal structure and external methods.In terms of internal structure,it is necessary to clarify the hierarchical proportion relationship between human survival and development rights and ecological environment protection,and to coordinate with restorative justice by clarifying the reparability of the legal interests in environmental pollution crimes.In terms of the external methods of legal interest protection,the interpretive function of legal interest theory should be utilized to guide the determination of the behavior patterns,objects,attempted and completed forms,and causal relationships of environmental pollution crimes,thereby constructing the legal interests in environmental pollution crimes.

Law

The Attributes and Reform Approachto the Consequences Attached to Minor Crimes

LI Changyou, ZHONG Jiale

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 92-104.

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Minor Crimes are crimes with a maximum penalty of less than one year of fixed-term imprisonment,including crimes with a maximum statutory penalty of one year of imprisonment and crimes with a declared penalty of less than one year of imprisonment.The consequences attached to minor crimes in our country have complex hybrid attributes.The system is not only vast and scattered but also violates the principle of personal responsibility and the principle of equality with discriminatory occupational restrictions.Moreover,the reintegration of minor offenders into society faces numerous obstacles.It is necessary to distinguish between direct and indirect consequences of minor crimes based on the subject of action.The former should clarify the concept of minor crimes at the normative level and cautiously increase minor crimes,achieving coordination between the qualification punishment system within the criminal law and the qualification restrictions outside the criminal law,and integrating it throughout the entire criminal litigation process.The latter should be prohibited as a principle,with exceptions allowed,while constructing a system for sealing minor offense records and strengthening personal information protection,enhancing positive social value guidance,and improving corresponding relief measures,to achieve the reform of the consequences attached to minor crimes through a dual-track approach both within and outside the criminal law.

Protection of the Private Economy by Criminal Law:Normative Evolution,Practical Issues,and Paths to Improvement

HE Yanhua, ZHANG Ruilin

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 105-115.

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Private economy is an important component of the socialist market economy and,together with the public ownership economy,it forms the foundation of China's economic and social development,thus it should be protected by law equally and on the same footing as the public ownership economy.Under the incentive of a series of normative documents from the Party Central Committee,the status of the private economy in the national economy has become increasingly prominent,with rising legal status in the constitution,and the protection of the private economy by criminal law has also changed.Since the reform and opening up,the normative evolution of criminal law protection for the private economy has gone through three stages:severe punishment,differential protection,and equal protection,showing the criminal law's reflection on and response to constitutional changes.However,from the legislative practice of criminal law norms,there are still some problems,for example,the concept of equal protection in Criminal Law has not been fully implemented,the scope of protection is inconsistent and the intensity of protection is different.To promote equal protection of the private economy by criminal law,it is necessary to continue to strengthen the concept of equal protection in legislative philosophy,to appropriately promote criminalization in the judiciary,to establish a crime-centered criminalization model,and to expand the scope of protection for the private economy.We should also properly evaluate the infringement of criminal behavior on legal interests,correct the imbalance in the setting of statutory penalties for breach of trust crimes,and increase the punishment for breach of trust crimes.

Topic: Audit and Management

Does Customer Concentration Affect Executive Excessive Perquisites? —An Empirical Study Based on the Data of A-Share Listed Companies

CHI Guohua, ZHOU Zhengyi

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 116-127.

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Executive excessive perquisites are a typical manifestation of implicit corruption,severely damaging company value.This study conducts an empirical investigation on the impact of customer concentration on executive excessive perquisites using the data from A-share listed companies in Shanghai and Shenzhen stock markets from 2007 to 2019.The results indicate that the higher the customer concentration of a company,the lower the degree of executive excessive perquisites,and this finding holds after a series of robustness tests.Mechanism tests reveal that when customer concentration increases,corporate information asymmetry decreases and management's risk perception strengthens,thereby suppressing executive excessive perquisites.Heterogeneity analysis shows that when customer supervisory capacity and willingness are strong,and executives face higher equity and promotion incentives,the inhibitory effect of customer concentration on executive excessive perquisites is more pronounced.Economic consequence tests reveal that customer concentration suppresses executive excessive perquisites,thereby reducing agency costs.

Can Auditors IdentifyCorporate Strategic Digital Transformation?—An Empirical Analysis Based on the Dual Dimensions of "Words" and "Actions"

DAI Bin, MIN Shiyao

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 128-138.

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Corporate digital transformation is characterized by formal compliance and substantial conservatism.This paper examines the impact of strategic digital transformation on audit risk identification from the perspectives of "words" and "actions".The study finds that "much words,less actions" in corporate digital transformation not only reduces the positivity of key audit matter tone but also increases audit fees and audit input,and the improvement of corporate production efficiency is an important channel through which strategic digital transformation affects the auditors' risk identification.In state-owned enterprises and enterprises with weaker auditor capabilities and higher internal control quality,the negative impact of strategic digital transformation on key audit matter tone is more pronounced,while in non-state-owned enterprises and enterprises with stronger auditor capabilities,the positive impact of strategic digital transformation on audit input and audit fees is more significant;and in enterprises with higher internal control quality,the negative impact is more pronounced.The authenticity,accuracy,and completeness of information disclosure are the cornerstones of the stable operation of the capital market.In response to the disconnection between the digital transformation goals and actual operations of listed companies,the auditors need to develop personalized audit strategies and enhance professional skills to ensure the reliability and transparency of non-financial information.In addition,regulatory authorities should improve relevant regulations,strengthen supervision and training,and work together to promote the healthy development of the capital market.

Literature and Art

The Modern Transformation of Chinese Art under the Dual Vision of "East-West Cultural Exchange" —A Study Centered on Yi Feng Magazine in the 1930s

XIE Na, WU Yue

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 139-145.

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In the 1930s,a group of Chinese artists,represented by the members of the "Yi Feng Society" who initially went to Europe to learn advanced Western cultural ideas,unexpectedly drew inspiration from the "Eastern Turn" of Western modernism's "reflection on modernity",forming their new artistic propositions.They were rooted in the home culture and familiar with the West,inheriting tradition and acting as pioneers,promoting modernism as well as traditional Chinese art and folk art.Taking Yi Feng magazine as their stronghold,they set out from the dual vision of "East-West cultural exchange" to reinterpret the East and reevaluate tradition,proposing a cultural salvation plan that was different from the past,a "modernist Chinese neo-traditionalism" or a "neo-traditionalist Chinese modernism".On the one hand,they introduced western modernist art,explored the relationship between Western modernist art and the spirit of Eastern traditional art,advocating that Chinese traditional art should break through its own cultural threshold in the "exchange" with modernist art and show its modern tension through the exchange and mutual learning of Eastern and Western cultures.On the other hand,they actively studied Chinese folk art,in order to change the opposition between "elegance" and "popular taste",to promote the transformation of Chinese art from unity to diversification,and to realize the modern transformation of Chinese art.At present,it is not only of academic value in the history of art thought,but also of theoretical significance in the history of cultural thought when we return to the intellectual scene of the exploration of the way out for Chinese art in the early 20th century and understand how Chinese culture and art can walk out a unique modernization road with Chinese characteristics in the context of globalization in the new era.

Configuration and Counter-configuration:Shen Congwen's Three "Dialogues" with Literary History

HEI Bai

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 146-157.

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In the evaluation of Shen Congwen,literary historians have developed three aesthetic fields.They once took "reflection theory plus class theory" as the absolute standard,making Shen Congwen bear the literary history image of "emptiness and superficiality" for decades and the "original sin" of "class status"; they also held up "literariness" as the main aesthetic principle,regarding Shen Congwen as a "giant" who condensed the entire nation and thousands of years of history into the joys and sorrows of the soul.In the 1980s and 1990s,with the revaluation of values and the liberation of ideas,they turned to reconstruct Shen Congwen's literary history image with polyphony,diverse writing,and a global perspective,stabilizing his objective position in literary art and intellectual history.However,the literary connection field that writers and literary history have created is not a one-way street; rather,it is a kind of complex interaction between configuration and counter-configuration instead of a straightforward record and assertion.In the apparent and concealed "dialogs" with literary history,Shen continuously modified his writing approach and technologies of the self,shifting from novels to other domains like the study of material culture and classical poetry.This shift illustrates Shen's two aspects of individuality and collective conscience.It also sheds light on the movement of symbolic capital within the literary field and the intricate interplay between the writer,literature,and history as a social reality.Shen never stopped observing,thinking,and making social changes through his autobiographies,essays,letters,and poems.On the other hand,Shen investigated the possibility of opening up the poetic heart chain of "Western Hunan-China" by studying material culture and other research works with strong folklore characteristics in order to revive the spirit of the Chinese nation in the culture of western Hunan.Through this,the poetic link of "Western Hunan - China" can be opened up,and in the end,it can be fused into a Chinese civilization that people from all over the world can unite with.This suggests that a better community with a shared future for mankind might be reimagined.

New Age New Youth New Academy:Doctoral Forum

Cognition and Practice:The Dual Approach to Spiritual Production—Also Discussing the Core Dynamics of New Quality Productive Forces

WANG Xin

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 158-167.

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From "man is the measure of all things" to "absolute spirit",it is a history of the establishment of human subjectivity,as well as "spirit" and "freedom",which has given rise to different theoretical approaches to spiritual production represented by Hegel and Smith.These constitute the important intellectual resources and objects of critique for Marx's theory of spiritual production.Marxism holds that spiritual production is the unity of practical and cognitive activities.As a cognitive activity,spiritual production gradually detaches from its dependence on material production activities and leads human productive practice,manifesting in reality as the disruptive role of technological innovation on productive forces.As a cognitive activity,spiritual production enhances the ability to understand objective things and their laws and attributes,and it is the source of technological innovation and the wellspring of new quality productive forces.As a practical activity,spiritual production creates and regulates and guides advanced knowledge and science and technology,and it is the core dynamics that drive the development of new quality productive forces,as well as a core element of it.

The Historical Evolution and Reshaping of Value Dimension of the Concept of Mental Health

QIN Yao

Journal of Jishou University(Social Sciences Edition), 2025, 46(1): 168-175.

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The concept of mental health is not only about the scientific description of individual mental health but also encompasses its value foundation,implying the value pursuit that mental health should have.In terms of the formation of the value dimension,the historical evolution of the concept of mental health has shown a process from rejecting values to actively advocating for them.Early psychoanalysis and behaviorism focused more on the factual aspects of mental health,but they also implicitly involved value discussions,either internalizing values by viewing mental health as the balance of internal psychological structures or externalizing values by considering behavior adapted to society as mental health.Humanism,on the other hand,explicitly proposed that mental health is a value issue,emphasizing the realization of human intrinsic values.Positive psychology also contains value judgments,focusing on positive psychological qualities and well-being.In terms of the development of the value dimension,there are significant differences of the concept of mental health between the East and West.Western concept of mental health is closely linked to individualistic values,emphasizing creative value,experiential value,and attitudinal value,focusing on individual independence,self-expression,and self-actualization.Eastern concept of mental health,influenced by Confucianism,Taoism,and Buddhism,places more emphasis on moral cultivation,natural adaptation,and spiritual purification,highlighting the harmony,interdependence,and social dedication between the individual and society.In contemporary society,neither Western individualistic values nor Eastern collectivist values can be used alone to guide mental health practices.It is necessary to comprehensively understand and define the essence of human nature from the dimensions of nature,real society,historical culture,and spiritual life,based on the Marxist comprehensive human nature perspective,and to reshape the contemporary concept of mental health with the value pursuit of free and comprehensive development,thereby promoting social harmony and progress.

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