Journal of Jishou University(Social Sciences Edition)

Select

The Practical Dilemma and Amendment Path of the Judicial Review of Duplicate Arbitration

ZHANG Jianzhen

Journal of Jishou University(Social Sciences Edition) 2024, 45 (5): 139-149. DOI: 10.13438/j.cnki.jdxb.2024.05.015

Abstract （96）

PDF（pc）（761KB）（86）

Save

In judicial practice,the dilemma of judicial review in duplicate arbitration lies in:(1) The overly principled "one final arbitration" norm and its alienated application,as well as the "one case,one court" system,which makes duplicate arbitration necessary for judicial review;(2) The current identification criteria for duplicate arbitration based on the identification elements of "identical arbitration parties" and "identical arbitration objects" can be deliberately avoided by the parties,and the identification effect of duplicate arbitration is not satisfactory;(3) The procedural judicial review based on the theory of procedural supervision may not meet practical needs when dealing with complex cases,and the judicial review process may become mere formality.To enhance the effectiveness of judicial review in duplicate arbitration,the legislative expression of this procedure should be strengthened in the arbitration law.Firstly,the standard of "no further action" in arbitration should be established to end the confusion between the concepts of "one final decision" and "no further action" in arbitration.Secondly,in order to curb malicious evasion of review by parties,efforts should be made to construct a new standard for identifying duplicate arbitration based on arbitration requests and factual reasons,weaken the constraint of the judicial system on the "limited review principle" of arbitration,and provide for duplicate substantive judicial review of arbitration in an exceptional manner.Finally,duplicate arbitration should be made as one of the statutory reasons for revoking arbitration awards,and disputes that deny the effectiveness of duplicate arbitration on the grounds of "unauthorized arbitration","violation of legal procedures" or "violation of social public interests" should be ended.The ultimate goal is to establish an arbitration "non bis in idem" system with the arbitration "non bis in idem" standard as the overall outline,and the identification and revocation of duplicate arbitration standards as the detailed rules.

Reference | Related Articles | Metrics | Comments（0）

Select

"Form" and "Spirit" of Maogusi Dance in Xiangxi—A Study on Dance Ethnography Based on Tubi Village in Xiangxi

GUO Xinyuan

Journal of Jishou University(Social Sciences Edition) 2024, 45 (5): 150-160. DOI: 10.13438/j.cnki.jdxb.2024.05.016

Abstract （112）

PDF（pc）（4024KB）（94）

Save

Dance has rich internal elements and external manifestations,and has many functions such as cultural representation,social memory,and national identity.As a national intangible cultural heritage,Maogusi (a folk dance of the Tujia ethnic group) in Xiangxi (western Hunan province) carries the social memory and spiritual temperament of the Tujia ethnic group.As an indispensable ceremonial activity at a specific time,it presents social and cultural field scenes through symbols.Dance ethnography provides a unique research perspective for the methodological path in understanding and interpreting Mogusi.On the one hand,the "shallow description" of dance ethnography objectively and truly focuses on depicting the "form" of Mogusi,including external manifestations such as dance venues,national subjects,movements,music,and scenes.On the other hand,the "in-depth description" of dance ethnography lies in the in-depth interpretation of the "spirit" of Mogusi,including the inherent elements of dance such as its symbolic meaning,social connection,values,sense of national belonging and social cohesion.Through the description and interpretation of both "form" and "spirit",we can deeply understand the complexity and diversity of Maogusi in Xiangxi as a medium of regional cultural expression and social interaction.

Reference | Related Articles | Metrics | Comments（0）

Select

Algorithmic Tacit Collusion and Antitrust Regulation:Rethinking and Re-orientation

ZHAO Xiaomeng

Journal of Jishou University(Social Sciences Edition) 2024, 45 (4): 149-160. DOI: 10.13438/j.cnki.jdxb.2024.04.015

Abstract （159）

PDF（pc）（848KB）（117）

Save

Economic research has demonstrated that algorithms can achieve supra-competitive pricing without communication.Consequently,there have been increasing calls for the adoption of a more stringent regulatory framework within antitrust law to address algorithmic tacit collusion.This proposed regulatory stance,however,tends to blur the distinction between economics and competition law,misinterprets the inherent neutrality of tacit collusion within the realm of antitrust law,and skews the perception of the neutrality of algorithmic technology.Tacit collusion is actually an intermediate state between unilateral conduct and monopoly agreements,and its outcome,viewed as economic phenomena,inherently embody a degree of neutrality under antitrust law,necessitating evaluation based on plus factors.While algorithms provide the technical infrastructure conducive to tacit collusion,the technology itself remains neutral.Algorithmic tacit collusion does not exceed the original mechanism of implied collusion,nor does it necessarily result in new competitive harm.Therefore,antitrust law should not expand its regulatory scope in response to algorithmic tacit collusion,but should continue to adhere to regulatory approaches within the traditional framework.

Reference | Related Articles | Metrics | Comments（0）

Select

Optimizing the External Communication of the Image of the Communist Party of China in the Era of Intelligent Media

LI Wen

Journal of Jishou University(Social Sciences Edition) 2024, 45 (3): 138-146. DOI: 10.13438/j.cnki.jdxb.2024.03.014

Abstract （124）

PDF（pc）（810KB）（105）

Save

While the intelligent media is deeply embedded in human life,it continues to reshape the basic environment of party operation,promote the media of party politics,reconfigure attention resources and construct a new field for the external communication of the image of the Communist Party of China (CPC).As a new digital tool,intelligent media has broken the media ecology of the traditional media era,where strong image construction coexists with weak audience deconstruction.However,the "cocoon effect" has induced an isolated dilemma of external communication,and algorithm manipulation has triggered the risk of external image deconstruction.With the "implosion" of diversified evaluation subjects,the essential image of the CPC may even be obscured.In its external image communication,the CPC must face the practical challenges brought by technological innovation,strengthen the basic compliance of its image and give an effective response.However,due to the differences in politics,culture and many other factors,applying the western party image theory will inevitably not be agreeing.Based on this,the external communication of the image of the CPC needs to be adjusted at the conceptual and technical levels:in the symbol of the subject,it should create its "big-appearance" multi-element system;in the supply innovation,optimize its external display form of image;in the construction of the scene,use intelligent technology to monitor the trend of public opinion,taking "official" and "folk" discourse fields into account;and in the construction of the environment,get rid of the algorithmic bias and form a communication pattern that integrates China and foreign countries.In this way,intelligent media can better endow the image of the CPC with external communication,and then comprehensively improve the efficiency of external communication.

Reference | Related Articles | Metrics | Comments（0）

Select

The Theoretical Development,Qualitative Composition and Practical Value of New Quality Productive Forces

MI Jie

Journal of Jishou University(Social Sciences Edition) 2024, 45 (3): 147-160. DOI: 10.13438/j.cnki.jdxb.2024.03.015

Abstract （367）

PDF（pc）（844KB）（299）

Save

The concept of "new quality productive forces" is a major innovation in the theory of productive forces,which profoundly reveals the new needs,new trends and new ideas of the economic development of China and even the world.The theory of new quality productive forces deepens the understanding of the law of the development of productive forces,enriches the connotation of Xi Jinping Thought on economy,and is an innovation and development of Marxist productivity theory in the new era of socialism with Chinese characteristics.This concept is a subversive breakthrough and fundamental jump to the traditional productive forces,and its core lies in the formation of advanced productive forces with the characteristics of high technology,high efficiency and high quality through technological revolutionary breakthroughs,innovative allocation of production factors and in-depth industrial transformation and upgrading.The new quality productive forces represent an advanced productivity quality state which accord with the new development concept,with the innovative quality state to realize a new leap,the developing quality state to cultivate a new kinetic energy,the scientific and technological quality state to reshapes the form,and the green quality state to promote the sustainable development of the productivity.New quality productive forces emphasize the expansion,infiltration and optimal combination of innovation in various factors of production,and promote the evolution of productive forces to a higher and more advanced quality,bringing a far-reaching impact on the economy,society,culture and so on.The development of new-quality productive forces can effectively solve the problem of unbalanced and inadequate development in China,promote high-quality sustainable development,and help to realize Chinese modernization.The theory of new quality productive forces provides scientific guidance and fundamental compliance for comprehensively promoting the construction of Chinese modernization.In the face of a new round of scientific and technological revolution and industrial reform,we should closely focus on the cultivation and development of new quality productive forces,form a new driving force for transformation and new momentum for development,and constantly accumulate energy for economic and social prosperity and development.

Reference | Related Articles | Metrics | Comments（0）

Select

Social Mourning from "Strangers":Digital Mourning and Continuous Bonds with Chinese Characteristics

GAO Jialu

Journal of Jishou University(Social Sciences Edition) 2024, 45 (2): 150-160. DOI: 10.13438/j.cnki.jdxb.2024.02.016

Abstract （292）

PDF（pc）（914KB）（111）

Save

Nowadays,digital mourning has become a unique way of media memory.When some individual lives are gone,tens of thousands of "strangers" mourn on social media,forming a special bond.This study takes the deceased of “celebrities” and “ordinary celebrities” as cases,and explores the generation mechanism,significance and contemporary value of strangers' digital mourning of the deceased public figures from the perspective of the theory of Continuing Bonds,focusing on the characteristics of the continuing bonds in the Chinese context.The study finds that mourners establish bonds based on five motives:information compensation,spiritual imagination,emotional tree-hole,fixed rituals,and memory writing,through which they renegotiate the deceased's identity in order to extend the deceased's personality and obtain guidance for their lives;the public and social nature of connections strengthens the group experience,allowing mourners to enjoy the sense of intimacy and trust brought by the community,and to fight against forgetfulness through rituals,which in turn facilitates the discussion of public issues.The continuing bonds in the Chinese context are characterized by a particular temporal rhythm,and its expression of mourning has a tendency towards pragmatism.The bonds with Chinese characteristics originate from the post life world belief model of "death is like life",as well as the "eternal" imagination provided by digital technology.These bonds are beneficial for individuals to cope with the sense of loss and confusion caused by the phenomenon of death.It is a way of emotional resonance in the digital age and also provides a possibility for social trust reconstruction.

Reference | Related Articles | Metrics | Comments（0）

Select

Rethinking the Relationship between the Young Marx and Feuerbach's Philosophy —Centered on Critique of Hegel's Philosophy of Right

SUN Jiacheng

Journal of Jishou University(Social Sciences Edition) 2024, 45 (1): 139-151. DOI: 10.13438/j.cnki.jdxb.2024.01.013

Abstract （335）

PDF（pc）（876KB）（182）

Save

In Critique of Hegel's Philosophy of Right,young Marx sensed the split between theory and reality in Hegel's philosophy and devoted himself to solving the "difficult problem of material interests".Influenced by the social trend caused by Feuerbach's materialism,he got inspiration from Feuerbach's criticism of idealistic religious theology,absorbed his critical angle of "reversal",and agreed with his idea of integrating natural science.The two resonated with humanism in many aspects,such as externalization,quasi-essence,"French spirit" and so on.However,young Marx transcended Feuerbach's philosophy.He attached importance to the field of history and politics,adhered to the materialistic historical view of the people's standpoint in the view of social history,promoted the organic combination of dialectics,practice and materialism in the basic concepts of philosophy,and emphasized that religious problems were rooted in social material foundation and relations of production in religious criticism.Therefore,the whole picture of young Marx's thought is not Feuerbach's philosophy,which does not constitute its only source and does not accord with its dialectical pursuit,and the understanding of Feuerbach's philosophy cannot be directly embedded in the study of young Marx's thought.Young Marx paid attention to absorbing a variety of theories and ideological traditions of the times and embarked on a road of self-conscious comprehensive innovation from the very beginning.This conclusion is in line with the classical conclusions of Marx and Engels and Lenin,and is of great significance for rethinking the ideological process of young Marx in the new era and constantly promoting the adaption of basic tenets of Marxism to the Chinese context and the needs of our times.

Reference | Related Articles | Metrics | Comments（0）

Select

The Textual Logic of Marx's Early Mass View

LYU Juanping

Journal of Jishou University(Social Sciences Edition) 2024, 45 (1): 152-160. DOI: 10.13438/j.cnki.jdxb.2024.01.014

Abstract （227）

PDF（pc）（729KB）（176）

Save

Mass view is the core of Marx's historical materialism,which should be grasped not only in The Holy Family,but also in Marx's early works,so that we can grasp the textual logic of the mass view and understand Marx's position,viewpoint and method in the process of ideological formation.The clear development logic of the mass view can be seen in Marx's Doctoral Thesis,Debate on Forest Theft Law and Introduction to the Criticism of Hegel's Philosophy of Law.The textual logic of Marx's early mass view is embodied in his attention to the fate of abstract people,his full understanding of the subjective meaning of human beings,his turning to a deep insight into the real society,his attention to the rights of the masses,and his realization that the masses must take actions to change the reality in order to obtain their own rights,that is,the social revolution of the masses.The social revolution makes the masses realistically generate subjectivity and forge them to become the subject of creating history.This subject is not an individual,but a joint one.The textual logic of Marx's early mass view shows that the social revolution of the masses represented by the proletariat fundamentally changed the world of the masses,thus making human liberation become the basic theoretical purport of Marx.

Reference | Related Articles | Metrics | Comments（0）

Content of New Age New Youth New Academy:Doctoral Forum in our journal