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For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails 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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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）       Knowledge map    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） Select The Theoretical Guidance and Realization Path of Promoting the Construction of Ecological Civilization at a High Level in the New Era-- from the Perspective of Chinese-style Modernization WANG Mingyue Journal of Jishou University(Social Sciences Edition)    2023, 44 (6): 151-160.   DOI: 10.13438/j.cnki.jdxb.2023.06.014 Abstract （361）      PDF（pc） （801KB）（248）       Knowledge map    Save The construction of ecological civilization is a vital task for the sustainable development of the Chinese nation and is of great significance to meet the people’s growing needs for a better life. Xi Jinping Thought on ecological civilization scientifically reveals the inherent law of harmony between man and nature, profoundly expounds the dialectical relationship between the replacement of civilization and the rise and fall of ecology. This indicates that the Party and the government have reached a new height in their understanding of the regularity of the construction of ecological civilization and provides a fundamental basis for the construction of ecological civilization in the new era. In the journey of Chinese-style modernization, to promote the construction of ecological civilization at a high level, we should take Xi Jinping Thought on ecological civilization as the guide to theory and action. In the realization path, it is necessary to put the people first and promote green urbanization and the construction of beautiful villages in a coordinated manner. With the implementation of the “dual carbon” strategy, we should build a new pattern of green cycle and low-carbon development; and with mechanism construction as the core, we should promote the modernization of eco-environmental governance system and governance capacity. Reference | Related Articles | Metrics | Comments（0） Select Language Contact and Cultural Integration:An Ethnographic Study of "Waxiang People" in Xiangxi LIU Chonglin Journal of Jishou University(Social Sciences Edition)    2023, 44 (5): 141-150.   DOI: 10.13438/j.cnki.jdxb.2023.05.015 Abstract （501）      PDF（pc） （871KB）（221）       Knowledge map    Save Language is not only a tool for human communication,but also carries historical memory,emotional experience and social culture of language practitioners.In the process of integrating with cultures of the surrounding ethnic groups,the Waxiang people,who live in the Yuanshui River and Youshui River basins (in Xiangxi,the west of Hunan Province in general),have formed a distinctive local dialect,"Xianghua",as it is called.The spatial perception and local naming in the system of rural dialect are linguistic symbols of multiple relational wills,from which we can not only observe the perception and imagination of different ethnic groups towards the world around them,but also understand the track of ethnic connection and the picture of cultural integration.The case of language contact of Waxiang people shows that language identity is not only a specific form of ethnic culture sharing,but also an important way to forge a strong sense of community for the Chinese nation. Reference | Related Articles | Metrics | Comments（0） Select The Dilemma and Way out of the Protection and Development of Traditional Villages—From the Perspective of Risk Social Governance in Rural Revitalization TIAN Fangzhou Journal of Jishou University(Social Sciences Edition)    2023, 44 (5): 151-160.   DOI: 10.13438/j.cnki.jdxb.2023.05.016 Abstract （940）      PDF（pc） （790KB）（331）       Knowledge map    Save Traditional villages are the active remains of landscape genes,spatial genes and spiritual genes of Chinese traditional settlement culture,and their protection and development is an important issue in the process of promoting rural revitalization.In the context of risk social governance,traditional villages,as a special type of rural heritage,have increased the risks of endogenous social structure,cultural inheritance and industrial transformation in their protection and development,leading to the structural imbalance of rural system transformation.The dissimilation of exogenous features,the excessive tourist development,and the prominent sudden risks of disaster have made the response of rural areas to these changes abnormal.In addition,the risk of subjective administrative intervention and market intervention is enlarged,and the operation of rural protection and development is out of order.The dependence of planning path,incomplete guarantee mechanism and lack of implementation and promotion subjects in the protection and development of traditional villages are the main reasons leading to their predicament and prominent vulnerability.Combined with the strategy of rural revitalization,to resolve various risks in the process of protection and development of traditional villages,the key is to build a dynamic assessment and monitoring system and communication and participation mechanism for risk social governance,and improve the relevant laws and regulations and risk response mechanism.At the same time,the autonomous organization and planning coordination mechanism should be promoted with indigenous residents as the subjects. Reference | Related Articles | Metrics | Comments（0） Select Responsibility System of Environmental Protection in Campaign-style Governance:A Policy Tool to Reshape Local Environmental Protection Responsibility LI Yaolei Journal of Jishou University(Social Sciences Edition)    2023, 44 (4): 138-149.   DOI: 10.13438/j.cnki.jdxb.2023.04.014 Abstract （381）      PDF（pc） （887KB）（137）       Knowledge map    Save Strengthening the governance of the ecological environment and improving the quality of it are important issues concerned by China's national governance at present and for a long time in the future,and the implementation of local governments' environmental protection responsibilities is the key to the realization of smooth environmental governance."Responsibility system of environmental protection" is a policy tool with Chinese local characteristics for environmental mobilized governance to reshape local environmental responsibility.It takes the high-level promotion as the power source,the interest connection as the mechanism,and the joint responsibility of the Party and government as the target for the implementation of local environmental protection responsibility.In case of the failure of pollution control at the departmental level,or of the sudden and major incidents that need urgent settlement,it obtains the ultimate effect of environmental governance by raising the environmental protection task to the political task to highly strengthen the environmental protection responsibility of the subordinate Party and government subjects.Its utility mechanism is to avoid the ambiguity of the responsibility of the governance subjects through goal decomposition,to alleviate the squeeze of the responsibility of environmental governance through task centralization,and to avoid perfunctory implementation of policies through restraint of rigidity.In spite of the achievements so far,it also gives rise to some problems,in which the executive-led government ignores the responsibility of public participation in governance,the heavy task induces the reverse game of subordinate organizations,and path dependence leads to unsustainable governance results.To overcome the defects of responsibility system of environmental protection,we need to build a collaborative system,expand the space for consultation and negotiation,and promote a long-term mechanism under the guidance of the concept of participatory,flexible,and sustainable governance. Reference | Related Articles | Metrics | Comments（0） Select Constraint Control:The Internal Mechanism of the Effective Operation of Grass-roots Campain-style Governance HAN Yuxiang Journal of Jishou University(Social Sciences Edition)    2023, 44 (4): 150-160.   DOI: 10.13438/j.cnki.jdxb.2023.04.015 Abstract （436）      PDF（pc） （900KB）（165）       Knowledge map    Save Through a set of top-down mobilization system of supervision and assessment,work leading group,village supervision of the village-stationed cadres,and policy publicity,the grass-roots campaign-style governance can operate effectively.Containing the paradox of control and anti-control,"constraint control" is the internal mechanism of the effective operation of grass-roots campaign-style governance.With the four control mechanisms of "authority-interest control" "authority-pressure control" "emotion-relationship control" and "procedure-rule control",constraint control makes grass-roots campaign-style governance simple,efficient and responsible.At the same time,three anti-control mechanisms of "communication adjustment-anti-control","soft constraint-anti-control" and "legal compliance-anti-control" are embedded in constraint control,so that grass-roots campaign-style governance presents the characteristics of moderate supply.Constraint control enables the infiltration of state power to achieve the dual unity of legitimacy and effectiveness,and changes the grass-roots power structure and relationship structure.The improvement of grass-roots campaign-style governance should start from two aspects of mechanism and system.In terms of mechanism,grass-roots campaign-style governance should construct the organizational control mode of constraint control,and in terms of system,our country should continue to strengthen the system construction of the administrative contract system. Reference | Related Articles | Metrics | Comments（0） Select Mao Zedong's Historic Contribution to the Adaptation of Lenin's "Transition to Socialism" to the Chinese Context FENG Mengqi Journal of Jishou University(Social Sciences Edition)    2023, 44 (3): 136-145.   DOI: 10.13438/j.cnki.jdxb.2023.03.013 Abstract （431）      PDF（pc） （736KB）（380）       Knowledge map    Save Upon the founding of the People's Republic of China,Mao Zedong adapted Lenin's theory of "transition to socialism" in the process of socialist transformation of industries in light of China's realities.In the socialist transformation of agriculture,Mao advanced Lenin's idea of the worker-peasant alliance in terms of the endogenous motivation of the peasants to embark on the journey to socialism,the mode of transition,and the value and purpose of the transition.In the transformation of capitalist industry and commerce,Mao inherited Lenin's practice of dividing capitalist industry and commerce into large capital,and medium and small capital,whereas,development and perfection of Lenin's "state capitalism" was made in transforming the bureaucratic capital and national capital in accordance with Chinese reality.Hence,Mao Zedong's theory on the transformation from new democracy to socialism is the landing and development of Lenin's theory of "transition to socialism" in China,reflecting the integration of generality and specificity in socialist transformation,the combination of tenet of Marxism-Leninism with Chinese practice,and the promotion of the value of Marxism-Leninism. Reference | Related Articles | Metrics | Comments（0） Select "Action" and "Self-Constitution":Korsgaard's Constructivist Explanation of Subject JIAN Boyan Journal of Jishou University(Social Sciences Edition)    2023, 44 (3): 146-153.   DOI: 10.13438/j.cnki.jdxb.2023.03.014 Abstract （493）      PDF（pc） （693KB）（197）       Knowledge map    Save Through the concept of "action",Korsgaard expounds her very explanation of "self-constitution" and "practical identity".Taking the necessity and inevitability of "choice" as a starting point,she analyzes the role of "action" in building a subject's identity,agency,and integrity.This kind of development and unity between levels of inner structure is what she calls "self-constitution".Therefore,Korsgaard provides a new method worth studying to interpret "self" and subjectivity theory.It brings out the constructive and generative role of practice,tries to provide an empirical content for "self" and subject,corrects the abstraction and shortcomings of cognitivism and naturalism,and avoids the criticism of liberalism in terms of its formalism and hollowness.However,being trapped in a perspective of pure individualism,Korsgaard can't grasp the "constitution" of the "self" in reality,falling into the contradiction between empirical content and abstract form of subjectivity,which leads to a constructive circle of "self" eventually.This is due to the lack of inter-subjective space in her "self-constitution",which makes the generation of her "action"  abstract and it is impossible for us to find out how social relations and social practices affect "self" and its construction.The most fundamental reason is that the "self" Korsgaard refers to is not based on the "real individuals" of historical materialism,and the "action" she refers to is not the material production as well.This brings her a dilemma of pure individualism and weakens the constructive and explanatory power of her theory to a great extent.Human's sociality and social connection come from the socialized form of material production,from which we must consider the internalization of practice inside individual subject,and then discover the construction and enhancement of "self". Reference | Related Articles | Metrics | Comments（0） Select From Ethnic Memory to National Identity:Reconstruction and Re-embedding of the Chiyou Myth CHEN Liqiong Journal of Jishou University(Social Sciences Edition)    2023, 44 (3): 154-160.   DOI: 10.13438/j.cnki.jdxb.2023.03.015 Abstract （554）      PDF（pc） （761KB）（515）       Knowledge map    Save The myth of Chiyou is a shared cultural heritage created by the Chinese nation.With mythic narration as the prototype,festivals,operas,martial arts,landscapes and other diversified cultural carriers are derived in different regions,which together constitute a diversified yet integrated Chiyou cultural pedigree.It can be seen from the polyphonic narrative of the multi-ethnic group that the Chiyou myth constructed the collective memory of the same origin and common ancestor of the Chinese nation,endowed all ethnic groups with the identity of equality,unity,friendship and mutual assistance as brothers,and expressed the emotional connection with kinship of family and the country.It is proposed that in the new era,myths and legends are not only universal cultural symbols,but also concentrated expressions of multi-ethnic history,culture,social life and local experience,providing historical foundation and spiritual source for cultivating and solidifying the sense of community of the Chinese nation. Reference | Related Articles | Metrics | Comments（0） Select On the Criminal Witness' Obligation to Testify in Court and the Defendant's Right of Cross-Examination：An Analysis Based on Hohfeld's Right Theory HUANG Xue Journal of Jishou University(Social Sciences Edition)    2023, 44 (2): 150-160.   DOI: 10.13438/j.cnki.jdxb.2023.02.015 Abstract （561）      PDF（pc） （857KB）（179）       Knowledge map    Save Through normative interpretation of the law,we can see the clue of "witness' testimony in court as the principle and absence as the exception" in the Constitution and Criminal procedure Law of China.Due to the lack of legislation on the certainty of the right of cross-examination,there is no "closed loop" in the legal relationship between the witness,the defendant and the court,leaving no institutional space for the linkage of legal relations.There is a "symbiotic relationship" between the obligation of criminal witness to testify incourt and the defendant's right of cross-examination,and the meta-form of the legal relationship between them in Hohfeld's right theory is "right" and "obligation".The obligation of criminal witness to testify in court must take the right of cross-examination as a reference,and it is meaningful to discuss the two in the context of "right" and "obligation" under the primary norm of criminal procedure and "power" and "responsibility" under the secondary norm of criminal procedure.We should construct the criminal witness testimony system in the context of the return of the right of cross-examination from the four aspects of legislative density,supporting measures,system reform and public consciousness,so as to realize the materialization of the trial and the transformation of the fact-finding mode. Reference | Related Articles | Metrics | Comments（0） Select The Meaning and Logic of Life Education from the Perspective of Traditional Confucian Culture GUO Qing Journal of Jishou University(Social Sciences Edition)    2023, 44 (1): 150-160.   DOI: 10.13438/j.cnki.jdxb.2023.01.017 Abstract （981）      PDF（pc） （840KB）（406）       Knowledge map    Save Life education is an important part of education and an important subject of life development,and the traditional Confucian culture has injected new connotation into it.Its specific implication includes the consciousness education of valuable and tenacious life,the emotion education sought by life settlement,and the responsibility education that highlights the value of life.Culture is the lifeblood of a nation and the spiritual home of its people.If life itself needs to be cared for and nourished,it must be inseparable from the interaction between excellent traditional culture and educational means.As the mainstream thought of Chinese traditional culture,Confucianism inherits and continues the spiritual tradition of paying attention to life in the evolution of history and the development of the times.Enlightening people with "literature" and "benevolence",Confucian culture shapes the humanistic spirit and life consciousness of the educational subject,constructs the era orientation of the value of life education,enriches the connotation of life,and implements the core guarantee of "spiritual life" education.It focuses on the practice of "acting",expands the width of "social life" and builds the fundamental driving force of a harmonious society.Under the guidance of traditional Confucian culture,we should promote life education,trying to realize the internalization and sublimation of life education through cooperative education of life. 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