Journal of Jishou University(Social Sciences Edition)

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From Human Domain Contract to Natural Contract:Demonstration and Functional Expansion of the Legal Essence of Ecological Damage Compensation

LIU Hongyan, YANG Haizhou

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 1-16. DOI: 10.13438/j.cnki.jdxb.2022.01.001

Abstract （750）

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Ecological damage compensation is one of the most important relief systems in the field of environmental protection in China,whose purpose,motivation,value and structure determine the basic bearing and complete explanation of the establishment of habitat subject and its rights.The system of compensation for ecological damage establishes the unique value of "habitat",independent right of existence and independent legal personality from the aspect of "human law" in human domain contract.It breaks the closed system of the theory of "human domain law" from the aspect of "interpersonal law" of natural contract,implants ethical value into the rules of environmental law,gets rid of the pursuit and expression of non-politicized and non-ethical rationalism in traditional "human domain law",and revives the tradition that "law should be ethical rather than instrumental" in Chinese legal system.It establishes the transformation of the legal value of legal interest protection from "human domain priority" to "interpersonal priority",enriches the concept of order and academic principles of environmental jurisprudence,and expands the boundaries of the "subject centralism" rule system of traditional human domain law.It provides a transcendent practical attempt and theoretical exploration for the transformation of China's environmental law from "subject mode protection" to "relationship mode protection" and the transformation of value function.

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Identification of Private Interests and Division of Responsibility in Eco-environmental Damage

LIU Changxing

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 17-25. DOI: 10.13438/j.cnki.jdxb.2022.01.002

Abstract （910）

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The eco-environmental damage compensation system has become an important part of the environmental legal system,but its specific rules are still being improved.Based on the public welfare protection goal of eco-environmental damage compensation,eco-environmental damage has been defined as public welfare damage in theory and institution.However,eco-environmental damage may include private interest damage,so it is necessary to distinguish the private interest elements that may be included in it,and to exclude the damage of private interests from the scope of the compensation.Based on the analysis of the relationship between the damage of ecological environment and public interest and private interest,the scope of damage compensation can be reasonably determined through identifying the damage of private interests by subject-specific and interest-specific standard.Furthermore,in the undertaking of the liability for ecological environmental damage restoration and compensation,it is also necessary to improve the procedure of defining the liability,and distinguish the liability for private interest compensation according to the criteria for determining private interests.Also,a dual structure of distinguishing the liability for ecological environmental damage compensation and liability for environmental tort should be formed through the connection and coordination of liability forms.

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The Philosophical Implication and Practical Logic of "People-centered Development Thought"

YE Qin, XIAO Yingsheng

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 26-34. DOI: 10.13438/j.cnki.jdxb.2022.01.003

Abstract （1221）

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In the different periods of revolution,construction and reform in the century since its founding,Communist Party of China (CPC) has always adhered to the theoretical basis of Marxist historical materialism and carried out continuous maintenance and innovation in the light of China's specific practice.It takes the dominant position of the people as its consistent position,people's yearning for a better life as its goal,and its original aspiration and mission as its fundamental attribute,forming and perfecting the people-centered development thought in constantly dealing with practical problems.At the same time,the people-oriented consciousness in Chinese traditional culture has the positive factor of caring for the people.The people-centered development thought inherits the Chinese traditional people-centered consciousness,which is reflected in attaching importance to the interests of the people,to the rule of virtue,and to the rule of law.The people-centered development thought profoundly grasps the practical logic in the new era,and continues to develop the mass view of the CPC in the past.Being the latest achievement of Sinicization of Marxism,it provides new methodological guidance for actively responding to the changes of the principal contradictions in China's society in the new era,for deepening the supply-side structural reform,for targeted poverty-alleviation,for improving global governance,and for combating the COVID-19 pandemic.

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How Is a "Better Life" Possible in the New Era—Interpretation Based on the Logical Context of Capital

CHEN Daowu

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 35-42. DOI: 10.13438/j.cnki.jdxb.2022.01.004

Abstract （682）

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Building a "better life" in the new era is not only the good wish of the people,but also the subject of the times for the Chinese Communists to govern the country.In the context of globalization dominated by capital logic,how is a "better life" possible? This is the primary theoretical problem that needs to be solved.If we put this theoretical issue into the context of capital logic for academic examination,it is not difficult to find that there is a profound internal relationship between "better life" and capital logic.The crisis of modern social life caused by the global expansion of capital logic is the historical premise of the proposition of "better life";the life dimension of the self-sublation of capital logic provides realistic basis and dynamic support for "better life";and controlling the life return of capital logic is the way to realize "better life" in the new era.The analysis of the coupling relationship between "better life" and capital logic is helpful to clarify the dialectical tension between them,so it may lay a solid theoretical foundation for the construction of "better life" in the new era.

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From "Multi-layered Regulation" to "Single Jurisdiction"?—A Review and Reflection on Interdepartmental Collaboration of Water Environment Governance

YAN Haina, LIU Zesen

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 43-56. DOI: 10.13438/j.cnki.jdxb.2022.01.005

Abstract （1408）

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As an innovative system of water environment governance with Chinese characteristics,the river chief system is a microcosm of the continuous development and improvement of China's water environment governance system.It promotes the inter-departmental collaborative governance of water environment through the collaborative design and operation of structure,procedure and technology,improving water environment governance from "multi-layered regulation" to "single jurisdiction".The river chief system realizes the effective integration and allocation of water control authority through structural coordination,ensures the flow of water control authority through the improvement of procedural coordination details,and provides "wisdom" for water control authority through technical coordination.However,this coordination model,which is highly dependent on authority and strong in political mobilization,inevitably leads to "heavy structural coordination","light procedural coordination",and "exclusion of technological rationality caused by rule by man" in practice.These problems will make us reflect deeply on the relationship between "clear division of responsibilities and inter-departmental collaborative governance","structural coordination and procedural coordination","technological empowerment and technological binding capacity" and so on.

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How to Improve the Performance of Public Digital Culture Service Collaborative Governance?—Based on the Perspective of Resource Asymmetry Dependence and Control Rights Sharing

XIA Hongmei

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 57-65. DOI: 10.13438/j.cnki.jdxb.2022.01.006

Abstract （708）

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Based on the theory of resource dependence and the theory of control rights,this paper takes the "culture has an appointment" project of Jiaxing City's public digital cultural service platform as the research object,and analyzes the deep logic of multi-collaborative governance under the Internet scenario through a case study.The study finds that the asymmetric dependence of resources in multi-collaboration leads to the loss of public value,and only realizes "the socialization of public service supply and production".The sharing of control rights reduces asymmetric dependence,realizes "the socialization of supply responsibility",promotes the exertion of multi-subject advantage resources,improves the quality of collaborative relations,and enhances collaboration performance.The sharing of control rights stems from the emergence of a window of political opportunity,and the innovative application of the Internet platform provides technical support for it.Therefore,the government should provide institutional space for multi-collaboration,make good use of Internet governance tools to build a collaborative network ecosystem,and non-governmental entities must actively assume social responsibilities,etc.,to achieve the improvement of collaborative governance performance.

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A Literature Review on Ambidextrous Learning Relationship,Balance and Its Performance

CAO Xing, JIN Yanxi

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 66-77. DOI: 10.13438/j.cnki.jdxb.2022.01.007

Abstract （1514）

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As an effective way for enterprise knowledge acquisition and innovation,ambidextrous learning plays a key role in enhancing the competitiveness and promoting the sustainable development of enterprises.This paper reviews the studies on ambidextrous learning and emphatically makes a systematic analysis of ambidextrous learning from four aspects,including the connotation and relationship,ways of balance realization,the influencing factors,and the performance.On this basis,the paper puts forward the notion that the existing studies remain to be further expanded and enriched on the aspects of research levels,dimensions,perspectives and methods.The future research directions of this topic are also presented:carrying out multi-level and cross-level ambidextrous learning study and strengthening the combination of different theoretical perspectives and the integration of relevant research results in various fields to further reveal the uniqueness of the connotation and relationship of ambidextrous learning;deeply exploring the interaction and mechanism of action among different factors that affect the balance of ambidextrous learning from dynamic research perspective and increasing the importance of situational factors to further discuss the paths to realize the balance of ambidextrous learning;expanding the dimension of organizational performance and conducting contingency factor study about the impact of ambidextrous learning on organizational performance to analyze the difference of the impact on different performance under different conditions.

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Will the Proportion of Female Executives Affect Accounting Conservatism?—Test of Intermediary Effect Based on Corporate Social Responsibility Information Disclosure

ZHOU Xinjun, ZHANG Lanlan

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 78-87. DOI: 10.13438/j.cnki.jdxb.2022.01.008

Abstract （888）

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Executive gender plays an important role in corporate social information disclosure and accounting behavior.Based on the relevant data of corporate social responsibility information of Shenzhen and Shanghai A-share listed companies from 2013 to 2018,this paper studies the relationship between senior executives' gender characteristics,corporate social responsibility information disclosure and corporate accounting conservatism of listed companies in China.The results show that companies with a higher proportion of female executives have higher accounting conservatism and are more inclined to increase the disclosure of social responsibility information.In the theoretical analysis,it is confirmed that corporate social responsibility information disclosure plays an intermediary role in the relationship between the proportion of female executives and accounting conservatism.Further research found that in companies that disclose social responsibility information,female executives can make higher quality of social responsibility disclosure.Social responsibility information disclosure in both the state-owned enterprises and private enterprises has a significant positive impact on accounting conservatism,despite the differences between them.Therefore,it is necessary to improve the conservatism of accounting,improve the corporate governance mechanism,and promote the healthy development of the capital market.On the one hand,government regulators need to improve the information disclosure system;on the other hand,enterprises should give full play to the advantages of female executives and establish a scientific and sound talent selection and appointment mechanism.

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On the Truth of Cases under the Mode of Litigation Cooperation：The Promotion of the Consensual Truth

LI Rong, HUANG Xiaolong

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 88-95. DOI: 10.13438/j.cnki.jdxb.2022.01.009

Abstract （826）

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The Criminal Procedure Law of 2018 stipulates the lenient system of pleading guilty and accepting punishment,which marks the formal establishment of the mode of litigation cooperation in our country.Different from the traditionaladversarial litigation,under the cooperative litigation mode,the prosecution and defense change from confrontation to cooperation.With the procuratorial organs leading the procedure of pleading guilty and punishment,the focus of litigation shifts from the trial stage to the examination and prosecution stage.The agreement between the prosecution and the defense weakens the court investigation,so the court trial becomes a "confirmation trial",and the truth of the case is more reflected in the "acceptability" of the prosecution and defense,that is,the consensual truth.The concept of consensual and true litigation contains the subject concept of the defendant,embodies the pursuit of the values of the times of judicial efficiency,judicial authority and negotiated justice,and has a legitimate basis.In response to the reform of the dual litigation procedure of confrontation and cooperation,the concept of litigation truth will also change from the traditional unitary view of substantive reality to the dual view of reality with the coexistence of substantive truth and consensual truth.

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Ternary Governance of Data Transaction Circulation:Technology,Standard and Law

XU Ke

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 96-105. DOI: 10.13438/j.cnki.jdxb.2022.01.010

Abstract （985）

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The circulation of data transaction is related to the overall situation of the cultivation of data factor market.However,its legal implication is not clear;the chronic illness of practice needs to be sorted out,and the whole system is also lacking.As a voluntary transfer and sharing of data control between two or more parties,data transaction circulation is mainly embodied in "data sharing" and "data reuse",rather than "data transfer".Empirical studies in various countries show that the circulation of data transactions is faced with three major dilemmas:technology,standards and law.Therefore,the technology as the priority mechanism,the standard as the referral mechanism and the law as the bottom-line mechanism together constitute the ternary governance system to respond to the challenge,and thus they establish the infrastructure of data governance in the data factor market.

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Innovation of Women's Disaster Social Work Based on the Whole Life Cycle

ZHOU Limin, ZHAO Tianqi

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 106-114. DOI: 10.13438/j.cnki.jdxb.2022.01.011

Abstract （583）

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Disasters have the greatest impact on women,who need social workers to provide professional services.However,at present,the services provided by social workers are rare and concentrated in the stage of post-disaster reconstruction,which greatly weakens the characteristics of professional "helping others".The women's disaster social work model based on the whole life cycle is a dynamic and balanced service process in the whole process.As far as the "whole life-whole process" is concerned,the current disaster social work lacks meticulous services for women's whole life and whole process.In terms of "feminism-gender equality",social workers need to play an active role in gender inequality and feminist activities,which is also an important indicator of service effectiveness.As far as "crisis-turning point" is concerned,women have to face loss of livelihood opportunities,lack of relief resources,sexual harassment,sexual violence and social exclusion during disasters,but feminism and feminism may also receive more attention.As far as "psycho-community" is concerned,social workers need to awaken women's collective consciousness from the community level,which is an indispensable service method for resource-deficient countries and regions to deal with disasters.In terms of "vulnerability-resilience",disasters have increased the vulnerability of women's groups,and resilience has the potential to offset the vulnerability of women's groups.Although this theoretical model still has some limitations,such as overlapping concepts,broad connotation,complex operation and multidisciplinary dilemma,there is no doubt that it provides new theoretical support,paradigm integration and practical inspiration for disaster social work.

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Policy Optimization and Accurate Service Strategy for Children in Need in China:Cultural Sensitivity and Needs Satisfaction

FENG Yuan

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 115-124. DOI: 10.13438/j.cnki.jdxb.2022.01.012

Abstract （963）

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Children are naturally vulnerable and dependent,so they need the care,protection and welfare protection of adult society.In the past decade,China has issued a series of life security and care and protection policies for a large number of children inneed such as loss of dependence,disability,serious illness,vagrancy,poverty,abuse and lack of guardianship in the process of social transformation,attempting to build an appropriate universal child welfare system to promote the well-being and development of children.However,due to the influence of such factors as the insufficient allocation of professionals,the weak guidance of professional theory and the inertia of administrative thinking of grass-roots staff,there is a lack of cultural sensitivity at the level of policies and services for children in distress.These problems are manifested in paying attention to the identification of the object's qualification，to the construction of children's work network,to monetized assistance,and to active short-term services,but not enough attention to the differences in the internal needs of the object,to the efficiency of welfare delivery,to professional services,and to the whole life cycle service.Under the guidance of the theory of cultural sensitivity and needs,we should take measures such as the renewal of service concepts,the optimization of welfare system,the allocation of professionals,the integration of multiple subjects,and the supply of holistic services to explore innovative strategies and paths for policy optimization and accurate services for children in need,and build a child welfare system with Chinese characteristics.

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Logic of Institutional Change in the Improvement of University Governance Efficiency—Comment on Legal Theory and Academic Theory:A Study on the Governance of Academic Misconduct in Universities

MA Huanling

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 125-134. DOI: 10.13438/j.cnki.jdxb.2022.01.013

Abstract （793）

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It is the basic principle for Chinese universities to achieve goodgovernance to better transform institutional advantages into governance efficiency.The effectiveness of university governance is greatly reduced by the crisis of the legitimacy of system design,the path dependence of system development and the action dilemma caused by the imbalance of structure and function of system practice.In order to restore the university governance ecology and improve the governance efficiency,we should return to the academic organization attribute of the university through the precise orientation of the role of the interest subject and the scientific reconstruction of the cognitive schema.We should practice the historical logic,rational logic and rule of law logic of institutional change by establishing and perfecting an institutional system that conforms to laws and regulations and embodies its own characteristics."Coercive" and "induced" institutional changes should be integrated through top-level design and benefit incentives.

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The Exploration of the Sinicization of Marxist Ethnic Theory by the Communist Party of China during the Long March and Its Value

LIU Lu

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 135-144. DOI: 10.13438/j.cnki.jdxb.2022.01.014

Abstract （953）

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During the Long March,the Communist Party of China (CPC) for the first time combined Marxist ethnic theory with China's national conditions and the specific reality of ethnic problems,practically formulating and practicing a series of ethnic policies,such as ethnic equality and unity,protection of religious rights,adjustment of the united front objects,training of ethnic cadres,restoration and development of economy and people's livelihood,etc.,which opened a preliminary exploration of the Sinicization of Marxist ethnic theory of CPC.This process promoted the Party's ethnic theories and policies from "dogmatism" to "seeking truth from facts",and realized the transformation of Marxist ethnic theory from "copying" to "combining with Chinese reality".Based on the interpretation of the principle of dialectical unity of struggle and identity of Marxist class relations,the CPC timely adjusted the object of the united front policy and followed the principle of unity and struggle to unite with the upper echelons of nationalities and religions,showing the truth of Marxist materialist dialectics.The Long March deepened the Party and the Red Army's understanding of the domestic ethnic minorities and prompted the CPC to sublimate from perceptual to rational understanding of the national conditions of unifying a multi-ethnic country.

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The Rhetorical Logic and Aesthetic Value Paradox of "Better Life" of Tik Tok—A Cultural Semiotic Analysis

GE Ruiying

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 145-151. DOI: 10.13438/j.cnki.jdxb.2022.01.015

Abstract （1277）

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Short videos are popular for their flexible forms."Better" in Tik Tok's advertising slogan can long stay in the aesthetic safety zone,because it is neither too serious nor too jocular.Also,it can dilute taste.The infinitely extended aesthetic framework of "better" makes its content very flexible,causing difficulty for the audience to characterize Tik Tok in terms of elegance and vulgarity,thus Tik Tok has obtained both social,cultural and economic benefits through this strategy.On the text level,Tik Tok combines the extremely pleasant sounds of humanvoice and rhythm with the corresponding scenes,images,texts and comments to form a synesthetic tone-setting medium,quietly changing the way we know and understand reality.Tik Tok,which belongs to the economic field,under the guidance of the pleasure principle of "beautiful surprise",avoids the high aesthetic investment and keeps the mental operation of the audience in a state of minimum energy.With "curious eyes",it completes the instant digestion of "better life".

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The Decline and Boost of the Public Character of Contemporary University Teachers in China

XING Xiaojing

Journal of Jishou University(Social Sciences Edition) 2022, 43 (1): 152-160. DOI: 10.13438/j.cnki.jdxb.2022.01.016

Abstract （615）

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University teachers' public character is very important to themselves and to social affairs.It is based on the spirit of adhering to the bottom line of academic career,with the responsibility of protecting social conscience as the core feature,and the caring quality of serving the public interest as the ultimate goal.At present,university teachers' public character is faced with many difficulties,such as academic persistence,lack of social conscience and the weakening of public care.In order to break through this dilemma and boost the public character of university teachers,it is necessary for the government,universities and university teachers at different levels to perform their respective responsibilities and cooperate with each other,that is,government should focus on stimulating the public care consciousness of university teachers,promoting intellectuals to the social foreground,and paying attention to the responsibility ethics of university teachers;universities should adhere to the spiritual persistence and flexible management;and university teachers should be committed to promoting the spiritual realm,adhering to the purport of research and continuing the ideological tradition of the original.

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The New Form of Human Civilization:Appearance Logic and Three-dimensional Presentation

YANG Zhenwen

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 1-8. DOI: 10.13438/j.cnki.jdxb.2022.02.001

Abstract （1313）

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The new form of human civilization does not appear abruptly,but is the result of the joint action of triple logic:from the perspective of theoretical logic,it is the contemporary application of Marxist concept of civilization;from the perspective of historical logic,it is the vivid embodiment of the historical regularity of the evolution of human civilization in contemporary China;from the perspective of realistic logic,it is a new civilization born from the road of Chinese-style modernization.The new form of human civilization presents a multi-dimensional form:first,the essential form is the Chinese version of human civilization (socialist civilization with Chinese characteristics);second,the overall form is the "five-in-one"overall civilization;third,the road form is the civilization born out of the Chinese-style modernization road;fourth,the value form is a new civilization advocating a community with a shared future for mankind.The new form of human civilization is of double significance.Theoretically,the proposal of this concept demonstrates the unique contribution of China's development and progress to human civilization.It expounds the symbolic concept of China's plan in terms of "Chinese discourse" and "Chinese Voice",and holds the right to speak about the trend of human civilization.In practice,the creation of new forms has not only profoundly changed China,but also a more powerful China which is impacting,and will continue to impact on the world.

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The Logical Structure of Xi Jinping's View on Youth Education:Starting Point,Intermediary and End Point

LIU Lixiao

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 9-15. DOI: 10.13438/j.cnki.jdxb.2022.02.002

Abstract （902）

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XiJinping's view on youth education is the integration of General Secretary Xi Jinping's concepts and methods in guiding youth education.Drawing lessons from the research methods and concepts of logic and combing the text,this paper explains the logical structure of Xi Jinping's view on youth education.The logical starting point is to train builders and successors of socialism with Chinese characteristics,including the origin and motivation of education.In the aspect of logical intermediary,we should adhere to socialism,making it as the educational direction;we should take root in the land of China,making it our educational foundation;we should educate and cultivate people with excellent ethnic value,making it our educational task;we should seek to far opportunity,making it our educational principle;and we should strengthen the construction of teaching staff,which is the key to education.By doing this,we will finally reach the logical end point of man's "all-round development".

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The Evolution and Logic of the Thought of the Communist Party of China and the People's Political Consultative Conference since the Founding of New China

HAN Yingying

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 16-23. DOI: 10.13438/j.cnki.jdxb.2022.02.003

Abstract （752）

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The CPPCC is an institutional arrangement with Chinese characteristics.The thought of the CPPCC of the Communist Party of China constitutes a unique driving force for the theoretical development and practical exploration of the CPPCC.The CPPCC was born out of the great practice of consultation and nation-building,which conforms to the inherent requirements of socialist democratic politics,and is constantly endowed with new connotations of the times in the process of reform,opening up,and modern national construction.The historical evolution of the thought of the CPC and the CPPCC is the result of the triple logic of the construction of a modern country,political integration and the realization of people's democracy.The strategic goal of China's modern nation-building determines the direction of the development of the CPPCC.As an organization of the united front and a form of socialist democratic practice,the CPPCC serves the goal of building a modern country from the two dimensions of promoting political integration and practicing people's democracy,thus forming an organic unity of modern national construction,people's unity and people's democracy.

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The Occurrence Logic of the Brave Self-Revolution of the Communist Party of China

WANG Xiang, YUAN Shulin

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 24-31. DOI: 10.13438/j.cnki.jdxb.2022.02.004

Abstract （902）

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The courage of self-revolution is not only the most distinct character and greatest advantage of the Communist Party of China,but also the fundamental factor for the Communist Party of China to maintain its advanced nature and purity.The essence of the proletarian party and the realistic choice it faces are the logical starting point for the Communist Party of China to have the courage of self-revolution.It isan inevitable trend that the Communist Party of China has the courage of self-revolution to inherit and develop the self-revolutionary spirit in practice and to innovate and perfect its self-revolutionary thought in theory.Understanding the logic of the Communist Party of China's courage of self-revolution is helpful to sum up the useful experience of the Communist Party of China in managing the Party,and to understand and grasp the great significance of administering the Party strictly in an all-round way in the new era.

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Examination on the Pronunciation and Meaning of "参"in Zhang Zai's "参两" Theory and Its Relationship with 太极（Taiji）

DENG Hui, WANG Long

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 32-40. DOI: 10.13438/j.cnki.jdxb.2022.02.005

Abstract （1045）

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There is a texttitled 参两 (controversially pronounced either as "can liang" or "san liang" in Chinese) in 正蒙 (pronounced as "zheng meng",a book by Zhang Zai,a thinker,educator and founder of Neo-Confucianism in the Northern Song Dynasty).Former Confucian scholars and sages have different opinions on the pronunciation and meaning of "参",which may be interpreted as "join,participate,together,etc.as in the Chinese phrase "参加",or as the number of three,identical to the ancient Chinese character "叁".In fact,Zhang Zai's theory of "参两" is first seen in横渠易说(pronounced as heng qu yi shuo in Chinese,another book by Zhang Zai),and later in正蒙.Through the analysis of the relevant items in 横渠易说 from two aspects of text dredging and theoretical interpretation,we can see that "参两" is not based on the theory of number,but on image,describing the lively life in the real world,which should be read as "参"(pronounced as "can" in Chinese) rather than "叁" (pronounced as "san" in Chinese,meaning three).Accordingly,参两 in正蒙should be pronounced as "can liang" in Chinese rather than "san liang".参两 is exhaustive in a deeper connotation,which is inseparable from "太极"（pronounced as "taiji" in Chinese,an important concept in the history of Chinese Taoist culture,which describes the state of universe）.Although "参" contains the meaning of "three",it actually has a richer meaning of "joining" or "participating".It vividly and concretely describes the meaning of the combination of one and two.That is to say,Zhang Zai's "太极" contains 乾坤(meaning heaven and earth).In essence,"太极" is a popular state of gasification and a dynamic picture.The relationship between "太极" and"参两" is that "参" is the qualitative nature of the gasification,and "两" is the motivation of the gasification of "太极".

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Agent-centered Restrictions and Agent-centered Prerogative:A Review of Schaeffler's "Mixed Theory"

GONG Qun, WU Fengxin

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 41-50. DOI: 10.13438/j.cnki.jdxb.2022.02.006

Abstract （887）

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SamuelSchaeffler is an important contemporary American ethicist.In response to Williams' objection that consequentialism destroys human being's integrity,he puts forward a mixed theory of agent-centered restriction and agent-centered privilege.The first half of this theory emphasizes that the agent is restricted by deontology,so that he cannot do what consequentialism requires for the sake of maximizing the consequences;the second half thinks that people can seek the best consequence of actions,but they should not apply the principle to all behaviors.At the same time,the agent has his own prerogative,that is to say,he can spare no effort to defend himself for his own pursuit of interests.Although both aspects of Schaeffler's mixed theory have been criticized,it may be a beneficial improvement for the consequentialism.

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Judgment or Phantasia:A Reexamination of Nussbaum's Cognitive Theory of Emotion

ZUO Xi

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 51-59. DOI: 10.13438/j.cnki.jdxb.2022.02.007

Abstract （774）

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As far as ethical thought is concerned,Martha C.Nussbaum is not only a supporter of Aristotle's non-scientific practical deliberation,but also an advocator of Stoicism's therapeutic ethics.According to Aristotle's view of practical deliberation,phantasia is the key factor to perfect perceptual judgment.However,the concern with soul therapy led Stoic ethics to favor emotional judgment.Nussbaum plays down the distinction between "judgment" and "phantasia" in order to provide a unified account of emotion:since all emotional judgments involve phantasia,emotion is essentially a judgment.From the perspective of Aristotle's account of phantasia and the practice of contemporary psychotherapy,to accept this unified explanation would be in danger of oversimplification,because the judgment theory of emotion and the phantasia theory of emotion respectively reveal the complex aspects of emotion.We believe that Nussbaum's efforts to provide a unified account of emotion might fail,and that the essential factor of emotion is not judgment but phantasia.

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The Construction of Safe Harbor Rules in China's Anti-monopoly Law

LI Guohai, WANG Yining

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 60-71. DOI: 10.13438/j.cnki.jdxb.2022.02.008

Abstract （1459）

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The safe harbor rule of anti-monopoly law has been practiced for a long time in countries such as the United States and the European Union,and the fundamental motivation is the conflict between the universal applicability of anti-monopoly law and the complexity of its regulatory object.Legislators and law enforcers need to introduce appropriate tools to balance them.There are not only close relations but also significant differences between the safe harbor rules and the reasonable principle,exemption system and application exclusion system in the anti-monopoly law.In terms of content,because the abuse of market dominant position is harmful to market competition,the safe harbor rules of anti-monopoly law are not applicable to this kind of behavior;in terms of applicable conditions,market share elements are taken as positive elements,and the application of seriously restricting market competition behavior is excluded.The safe harbor rule in anti-monopoly law can be divided into two operating modes:presumption of legality and presumption of exemption.There are some doubts in Chinese academic circles about the introduction of safe harbor rules into anti-monopoly law,but these questions can be resolved.The rule has been preliminarily explored in the anti-monopoly practice of our country,which has accumulated preliminary experience for the construction of the rule.It is necessary for our country to introduce safe harbor rules into legislation.The following points should be grasped in the quotation:excluding the application of horizontal monopoly agreement,resale price maintenance agreement and abuse of market dominant position,adopting the safe harbor standard with market share standard as the main standard and alternative standard as supplement,and adhering to the principle of the combination of difference and unity and the coordination of stability and flexibility.

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The Types of Personal Data Damage and Its Determination

LIANG Zhiwen, LIU Xiao

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 72-83. DOI: 10.13438/j.cnki.jdxb.2022.02.009

Abstract （820）

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The personal data protection system constructed according to the principle of informed consent is faced with serious challenges such as excessive collection,unauthorized disclosure and abuse.The path of public rights protection has the limitations of supervision strength,scope and effectiveness,while the concept of damage in the traditional tort law sets up the private law relief rights of the data subject.Therefore,in order to ensure the healthy development of digital economy,we must expand the meaning of damage in tort law.Legally compensable damage to personal data should extend to two new types of damage:the risk of secondary damage to data subjects,and the impairment of personality interests caused by social sorting discrimination,data monitoring,and automatic decision-making and so on.When determining the specific amount of compensation,in order to solve the dilemma of economic quantification and burden of proof caused by the impairment of risk and personality interests,the personal Information Protection Law should adopt the legal compensation system which is widely used in the intellectual property law.

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The People-centered Concept of Administrative Fairness and Its Construction Path

TAN Jiusheng, HU Jianxiong

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 84-95. DOI: 10.13438/j.cnki.jdxb.2022.02.010

Abstract （851）

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The construction of the concept of administrative fairness in China takes "people as the center" as the logical starting point.This is the inherent requirement of multiple logic,such as Marxist fairness theory,the Party's pursuit of administrative fairness and the publicity of government,and so on.The people-centered concept of administrative fairness consists of three elements:fair opportunities to meet the needs of people's development,fair procedures to treat the people fairly,and fair results to realize the core interests of the people.It transcends the administrative fairness view of the new public administration paradigm by emphasizing the people's value of public administration,and its construction path can be explored from three dimensions:individual,system and culture.Specifically,it includes strengthening the individual's recognition of the concept of administrative fairness,strengthening the education of individual administrative fairness,constructing the institutional restraint system of fair administration and creating a cultural environment for fair administration.

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Spatio-temporal Pattern and Trend Prediction of Coordinated Development of Tourism Urbanization and Social Governance:A Case Study of Zhangjiajie City

MA Xuefeng, TAN Jiaxin

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 96-106. DOI: 10.13438/j.cnki.jdxb.2022.02.011

Abstract （726）

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Using the coupling coordination model,center of gravity-standard deviation ellipse,spatial trend surface and modified grey Markov prediction model,this paper studies the spatial and temporal pattern and trend prediction of the coordinated development of tourism urbanization and social governance in Zhangjiajie city from 2009 to 2020.The followings are results we found.(1) The level of tourism urbanization in Zhangjiajie city first increased and then decreased from 2009 to 2020,while the comprehensive development level of social governance showed a small fluctuation,and the growth rate was relatively weak,which followed the development of tourism urbanization.(2) The degree of coupling coordination between tourism urbanization and social governance showed an upward trend at first and then a downward trend,and experienced a coupling type transformation process of general imbalance,bare coordination,primary coordination,good coordination and primary coordination,with obvious characteristics of advanced tourism urbanization.From the perspective of spatial differentiation,the coupling coordination degree between tourism urbanization and social governance firstly expands and then contracts in the east-west and north-south directions,showing the development trend of gathering in Wulingyuan District.(3) The obstacle degree of tourism urbanization system is less than that of social governance system.From the average index obstacle degree,the proportion of output value of tertiary industry,the proportion of employed population in tertiary industry,the proportion of tourism income to GDP,the number of tourists,and the traffic accident mortality per 10,000 people shows a declining order.(4) In the next ten years,the coupling coordination degree between tourism urbanization and social governance in Zhangjiajie City will continue to rise,but it will decline in 2026,and finally it will be in the stage of high-quality coupling coordination in 2028.

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Institutional Idling in Rural Governance:The Cause and Solution of Grass-roots Formalism

GUI Hua

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 107-115. DOI: 10.13438/j.cnki.jdxb.2022.02.012

Abstract （1165）

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Grass-roots formalism has become a stubborn disease perplexing rural work.For a long time,rural grass-roots work follows an "event-based" logic.The state exists in a limited form in the grass-roots field,and the grass-roots level has the ability to generate endogenous order,forming a way to minimize conflicts at different levels.In recent years,with the change of the overall situation of the work of "agriculture,rural areas and farmers",grass-roots work has been brought into the category of national unified governance to a greater extent,the institutional space of rural governance activities has been compressed,and rural governance has gradually entered into institutional management.Rural governance is becoming standardized,institutionalized and procedural,which on the one hand eliminates the non-standard phenomenon of out-of-system operation,but also brings the disadvantages of grass-roots formalism.To promote the modernization of rural governance is not to return to the traditional way of governance,but to seek the re-matching of the rural governance system and the needs of rural governance.

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Paradoxes of Agricultural Policy Implementation by Grassroots Governments and Countermeasures：Based on the Analysis of the "Ambiguity-Conflict" Model

HUANG Jianhong

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 116-124. DOI: 10.13438/j.cnki.jdxb.2022.02.013

Abstract （2101）

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When the rural revitalization strategy is fully implemented,various agricultural policies have been implemented in rural areas.However,there is a huge contrast between the policy text system and the actual implementation level,resulting in a paradox of policy implementation.On the one hand,the implementation of various agricultural policies by the grass-roots government is in full swing;on the other hand,farmers and other grass-roots policy participants are calm and even indifferent to the implementation of agricultural policies.Based on the analysis of the "Ambiguity -Conflict" model as the analytical framework,this paper analyzes the process of agricultural policy implementation in Q Town,W County,and discusses the administrative implementation under the hierarchical structure,the political implementation under the political tournament,the experimental implementation under positive inertia and the symbolic implementation under sub-paralysis.It is found that in the top-down implementation path with low fuzziness,the grass-roots government generally completes the policy objectives by establishing a model of typical implementation and fostering elites' alternative implementation because of hierarchical pressure and performance evaluation;while in the highly fuzzy bottom-up implementation path,the grass-roots policy target groups finally deal with negative implementation and mechanical symbolic implementation through various formalism because of the lack of sense of participation and initiative.The paper further explains the root of the paradox of agricultural policy implementation,and on this basis,puts forward the ways to improve grass-roots government agricultural policy implementation,such as resource integration,balance of interests,farmers' participation,pluralistic linkage and so on.

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A Study on the Myth of Ethnic Homology in Yunnan from the Perspective of the Consciousness of Chinese Nation Community

SUN Haoran

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 125-131. DOI: 10.13438/j.cnki.jdxb.2022.02.014

Abstract （940）

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The Chinese nation is all descendants of the Chinese people,which to some extentcontains the narrative logic of the national homologous myth.The myth of ethnic homology in Yunnan,as the collective consciousness of the regional ethnic community,contains the emotional value of equality,unity,friendship and mutual assistance.Following the research approach of structural "double mutual construction" of the structure and construction of the national community,this paper analyzes the generating logic,narrative characteristics,structural function and enlightening significance of Yunnan ethnic homologous mythology,to find out its endogenous,spontaneous,folk and micro factors.Telling a good story of national unity in the new era will help to cast the consciousness of the Chinese national community.

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A Study on the Development of Minority Music from the Perspective of Multicultural Integration

XIAO Di

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 132-138. DOI: 10.13438/j.cnki.jdxb.2022.02.015

Abstract （899）

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As an important part of Chinese national culture,ethnic minority music has formed diverse characteristics,ethnic characteristics and open cultural acculturation in the process of continuous integration.From the perspective of multicultural integration and development,minority music is faced with new challenges,and at the same time,there are new opportunities in the forms of inheritance and richer creative materials.We should seek new development by perfecting the way of inheritance,based on the concept of multicultural integration,adapting to the transformation of cultural ecology,strengthening market efficiency,and building a solid sense of Chinese community.

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Protection and Utilization of Agricultural Cultural Heritage in Foreign Countries from the Perspective of Complex Ecosystem and Its Enlightenment

XU Qing

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 139-150. DOI: 10.13438/j.cnki.jdxb.2022.02.016

Abstract （852）

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Agricultural cultural heritage exists as a compound active ecology,which not only presents obvious ecological systematic characteristics,but also plays an important ecosystem service function in the heritage sites.Moreover,it integrates many elements of the associated natural,economic and social system,and is a unique "ecological and humanistic compound system" formed by the long-term coordinated development of human beings and their environment.After combing the relevant practice trends of foreign agricultural cultural heritage from the perspective of this system,it is found that foreign agricultural cultural heritage follows the principles of relevance,integrity,coordination and harmony in the classification,protection,development and utilization of foreign agricultural cultural heritage,thus gradually forming a good model conducive to the protection,inheritance,sustainable utilization and development of agricultural cultural heritage.This has a certain positive enlightening significance in theory,management,policy and practice on how to protect and develop China's ecological agriculture,which emphasizes the production function of the system,neglecting the ecological function.Exploring and establishing the mechanism of self-restoration and ecological sustainable development of agricultural cultural heritage sites is not only a strong requirement to realize the overall protection of agricultural cultural heritage and the sustainable development of culture,society,ecology and economy of agricultural cultural heritage sites,it is also a beneficial attempt to deal with ecological and environmental problems.

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Research on Hospitals for Curing Opium Addicts During the Period of the Nanjing Nationalist Government

GONG Chunli

Journal of Jishou University(Social Sciences Edition) 2022, 43 (2): 151-160. DOI: 10.13438/j.cnki.jdxb.2022.02.017

Abstract （806）

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From 1927 to 1937,various hospitals for curing opium addicts were established all over China,which was not only a response to the spreading of opium,but also was closely related to the government and society's promotion to ban opium during this period.The hospitals were distributed in various provinces,with a large number,not only in the form of government-run,private,government-private co-operation,but also officially entrusted to the private sector and other forms.They had different levels of management,but were mainly engaged in the following activities:compulsory withdrawal and free abstinence,promotion of opium cessation,testing and development of opium cessation,exploration and adoption of appropriate abstinence methods,and so on.The opium cessation hospitals in this period played a certain role in promoting opium cessation and drug control and eliminating the harm of drugs,but there were also many deficiencies due to the limitations of the specific social and historical environment.

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The Interaction between Monarchs and Scholar-officials in the Governance of Ancient China

HU Jian

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 1-13. DOI: 10.13438/j.cnki.jdxb.2022.03.001

Abstract （803）

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As a process of interactive behavior,governance is prominently manifested as an interaction between monarchs and scholar-officials in the national governance of ancient China.Either as early as the clan society,headed by Shun and Yu,or under the rule of King Wu (before 1,043 BC),or in the Pre-Qin period (before 221 BC),co-governance is characterized in the initial positive interaction between the rulers and the sorceresses and sorcerers,and later the scholar-officials.However,after the establishment of the unified system,the center of governance is obviously biased towards the monarchs in the interaction between the monarchs and scholar-officials.The practice of "taking the officials as the teachers" no longer exists because the monarchical power is not restricted,which leads to scholar-officials' lower social status and the abuse of monarchical power.During the more than two thousand years of unified politics,the scholar-officials are constantly nervous under the monarchs,and few can have good endings except some who put forward political proposals,although their political ambition is always to serve the monarchical power.When the ancient empire encounters the western powers,the scholar-officials shift their political goal for the first time,from defending the political power of the monarch to saving the nation.This not only reflects the changing process of Chinese society,but also shows the transformation process of ancient Chinese scholar-officials.

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The Theoretical Basis,Historical Course and Practical Turn of the Path of Chinese-style Modernization

DU Yuhua, WANG Xiaozhen

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 14-20. DOI: 10.13438/j.cnki.jdxb.2022.03.002

Abstract （3067）

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The path of Chinese-style modernization is the inevitable outcome of the unity of theory,history and practice.The Marxist viewpoints that modernization is the overall reconstruction of social structure,that modernization creates a new civilization of human society,that the path of modernization is diverse and optional,and that modernization aims to realize "man's all-round and free development" has laid a theoretical foundation for the path of Chinese-style modernization.During the period of new democratic revolution,the Communist Party of China established the modernization goal of "industrialization",and expanded it to "the four modernizations" during the period of socialist revolution and construction."Chinese-style modernization" was clearly proposed during the period of reform and opening-up,and in the new era,"the path of Chinese-style modernization" was formally put forward.The path of Chinese-style modernization has mainly realized the practical turn fromthe external-pull type to the conscious endogenous type,from the material-centered type to the people-centered type,and from a single low-level development to a high degree of comprehensive development.

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The Creation of Chinese-style Modern Ecological Civilization and Its Transcendence of the Times

LI Jiansen, ZHAI Le

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 21-30. DOI: 10.13438/j.cnki.jdxb.2022.03.003

Abstract （1044）

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The direction of western capitalist ecological modernization is to show the legitimacy of ecological narrative by mixing global ecological space restoration strategy and time restoration strategy with ecological hegemonism.Essentially,the rationality proved by it is nothing more than the ecological recessive presentation of capital logic and unjust deprivation,thus getting out of the "capital jungle" has become the basic direction of the creation of new ecological civilization.Starting from the practical ecological ontology,epistemology and axiology,aiming at the construction of "the community of life on earth",the creation of modern ecological civilization of Chinese style has constructed a new path that "man and nature are life community",bringing about the concepts of "community with a shared future for mankind" and "ecological ethics community between man and nature".It rejects the thinking mode of the antagonistic relationship between man and nature,constructs the ecological subjectivity as the essential force of the object,shapes the ethical pattern characterized by overall environmental justice,and transcends the era of capitalist ecological space production.The inclusiveness and development of Chinese-style modern ecological civilization makes it possible for it to continue to lead the global ecological civilization.

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Academies of the Miao Ethnic Group and the State Construction Logic of "Great Unification" in the Qing Dynasty

JI Aimin

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 31-37. DOI: 10.13438/j.cnki.jdxb.2022.03.004

Abstract （728）

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Academies of the Miao ethnic group developed rapidly after the turn of Qianlong (1736-1795) and Jiaqing (1796-1820) regimes since the gradual prosperity in the early Qing Dynasty (1636-1912).In this way,the traditional Chinese mature principle of rule by virtue,the ideology and culture of "great unification" and the orthodoxy and ideology identified by the history and culture of the Chinese nation have infiltrated into the Miao frontiers in an all-round way,and rebuilt the common spiritual belief in the "marginal" place,strengthening the political and national identity of the people of all ethnic groups.Compared with the cultural orientation and educational and teaching function of the academy in general,the Miao academy,as an important link and representation of the nationalization process of the "marginal" place,has always had a clear logic of "unified" state construction.In the specific historical context of the social changes in Miao frontiers in the Qing Dynasty,its political implication is particularly prominent.

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Criticism of Mass Culture Ideology of Cultural Populism

HAN Sheng, TIAN Di

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 38-45. DOI: 10.13438/j.cnki.jdxb.2022.03.005

Abstract （954）

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Cultural populism is a deep expression of social populism,which undermines the important social functions of respecting authenticity,nurturing personality,pursuing sublimity and building consensuson the basis of the legitimacy of people's discourse.Essentially a false ideology divorced from the social reality,it implies the rejection of the harmonious symbiosis of multiculturalism under the guidance of socialist core values.The irrationality,parochialism and extremes of cultural populism affect the openness,inclusiveness,persistence and stability of the harmonious development of society.In-depth criticism of cultural populism is an important task of the current ideological construction,and it is necessary to adhere to the ideological guidance of socialist core values.From the aspects of adhering to the people's purpose of cultural development,defining the constructive orientation of cultural criticism,and cultivating the dominant concept of cultural identity,we should get rid of the interference of wrong social thoughts such as cultural populism,and clarify cultural development in the new era.

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The Expression of Teenagers' Negative Emotions and Ideological Worries from the Perspective of Internet Decadent Phenomena

YAN Daocheng, LI Fei

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 46-54. DOI: 10.13438/j.cnki.jdxb.2022.03.006

Abstract （1284）

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Internet decadent phenomena reflect the mentality and situation of contemporary teenagers,in which the negative emotions are the symptoms of communication in the Internet era.The rise of negative emotions on the Internet is asubcultural practice due to the survival dilemma caused by stratum solidification,and the social loneliness caused by the changes of the times.With the help of media technology,this subcultural practice finally evolved into the life label and symbolic meaning of emotional catharsis and self-satisfaction.Negative emotions on the Internet show the narrative style characterized by decadence,confusion,making a fuss about nothing and sentimentality,which presents three cultural meanings:from an individual point of view,it is a tool for confirming identity and value identity;from a cultural point of view,it conveys gentle resistance to real life and mainstream culture;and from an economic point of view,the essence of this style is to turn the audience into "digital labor" and provide businesses with "digital goods" freely,and immerse themselves in them.As an Internet subcultural phenomenon,the excessive spread of teenagers' negative emotions lurks ideological worries at the social and personal levels,which might be resolved through measures such as external acculturation and subject self-discipline.

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Media Attention and High-quality Development of State-owned Enterprises-Path Analysis Based on Internal Control

WANG Jianxin, LIAO Zhichao

Journal of Jishou University(Social Sciences Edition) 2022, 43 (3): 55-64. DOI: 10.13438/j.cnki.jdxb.2022.03.007

Abstract （817）

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This paper,using the commercial state-owned enterprises listed on A-shares in Shanghai and Shenzhen stock markets from 2012 to 2019 as the research object,investigates the influence of media attention and internal control on the high-quality development of state-owned enterprises.The results show that media attention and internal control promote the high-quality development of state-owned enterprises;in the process of media attention affecting corporate governance,internal control plays an intermediary role;at the same time,the role of media attention in promoting the high-quality development of state-owned enterprises is more significant in enterprises with lower quality of internal control.After the use of tool variable method,systematic GMM method and a series of other robustness tests,this conclusion is still valid.The research broadens the theoretical research boundary of internal and external governance mechanism,and provides a theoretical basis for the state to use external supervision mechanism to supervise state-owned enterprises.

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