Journal of Jishou University(Social Sciences Edition)

Philosophy and Psychology:Interview Records ofAlain Badiou and Michel Foucault

MI Xie-Er·Fu-Ke, A Lan-·Ba-Di-Ou, XU Na

Journal of Jishou University（Social Sciences）, 2014, 35(4): 1-5.

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Note:Prof. TaoDongfeng was born in 1959.Graduated from Beijing Normal University,he won a Doctorial Degree in literature in 1991.Now a doctorial supervisor,Prof. Tao is appointed as Leading Expert and Special Term Professor in many Universities.Due to his outstanding academic achievements and tremendous influence in the field of cultural research,he is appointed as chief editor of the journal of Cultural Studies,and holds important positions in some academic associations.

Research Progress and Prospect of Chinese Dream

CHEN Hua-Zhou, YAO Lan, JIN Yao

Journal of Jishou University（Social Sciences）, 2014, 35(4): 12-21.

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Chinese Dream is a focus in the current academic exploration.Scholars have given detailed research on scientific connotation,distinct characteristics,significance，similarities and differences of it with other countries’ dream,and the implementation path to realize it.Considerable achievements have been made in the research.Future research should highlight problem consciousness,convert research perspective,expand research field,optimize research method,grasp the research initiative,enhance theoretical explanation,and create resultant force.

On the Discourse Connotation and Function of Chinese Dream

WANG Ming-Chun

Journal of Jishou University（Social Sciences）, 2014, 35(4): 22-27.

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The concept of Chinese Dream is a discourse system having broad theoretical view and rich value connotation,which is characterized by its unique value orientation,value principle,value dimension,value specialty and value foundation.It signifies China’s new political belief and the idea of state management,showing superior political wisdom and discourse charm,thus it has strong charisma and cohesion force.In the process of carrying out great renew of Chinese nation,it is significant to promote China’s influence of political discourse in the world due to its orientation function,cohesion function,demonstration function and conversation function.

Climate Justice:the Foundation of Climate Management

PENG Ben-Li

Journal of Jishou University（Social Sciences）, 2014, 35(4): 28-33.

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Justice factors exist in the climate change,and climate justice can not be separated away in tackling climate change.Climate management should be based on climate justice,and climate regime should be oriented by climate justice.Global climate management are focused on international and national levels;theoretical analysis and practical exploration on climate justice are focused on the international level and the national body;climate justice is as difficult as the implementation of international climate governance.The local level is a new breakthrough in global climate governance.In the implementation of laws and regulations to manage climate at the local level,the concept of climate justice should always be embodied and carried out.

The Core Interests of China and Climate Change Legislation:between Principle and Norm

LV Jiang,LIANG Xiao-Fei

Journal of Jishou University（Social Sciences）, 2014, 35(4): 34-40.

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National core interests should be embodied in climate change legislation.Not only because climate change relates to the core interests of China,including territorial integrity,national security,national sovereignty,and sustainable development,but also because a balanced standard is needed among international climate change negotiations,domestic climate change institution arrangement,and external cooperation.Therefore,only by putting national core interests in a primary position can we provide an important support for China’s discourse power in UN climate change negotiations and have a right choice among different institutions for GHG emission reduction.

The Dilemma andWay out of the Environment Courts in China

XU Ping, ZHU Zhi-Wei, YANG Chao-Xia

Journal of Jishou University（Social Sciences）, 2014, 35(4): 41-50.

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In recent years,the specialized reform of the environmental judicial organization has developed rapidly.However,lots of founded environment courts are still faced with the problem of “Waiting the Rice for Cooking”.The most important reasons are such as limited plaintiff qualification,jurisdictional chaos and vain regulations on burden of proof inversion.To solve the problem,it is necessary to expand the plaintiff qualification:the first method is to confirm the environmental rights by the law,and give citizens plaintiff qualification to bring a impure public environmental interest lawsuit；the second one is to give the plaintiff qualification for environmental organizations,natural resource management and prosecutors to bring a pure public environmental interest lawsuit based on environment right and lawsuit entrust,state ownership of natural resource,legal supervision.In addition,adding the responsibility of plaintiff to prove apparent causality,refining of regulations on burden of proof inversion,perfecting environment court system of jurisdiction,are also helpful for environment court to get out of the dilemma.

On Civil Liability for Several Persons’ Environmental Tort without Meaning Connection

LI Hui-Ling, CHEN Ying

Journal of Jishou University（Social Sciences）, 2014, 35(4): 51-59.

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Several persons’ environmental tort without meaning connection refers to the polluting behavior or the polluting behavior with other behaviors which cause harm to the same victim,but it is difficult to identify the practical violator.Several persons’ environmental tort without meaning connection can be divided into four different kinds according to the relation degree of the subjects,the closeness of the connecting behavior and the tightness degree between the tort behaviors and the results.They are:(1)many-behavior-one-result style caused by many subjects,(2)one-behavior-one-result style caused by the closed behaviors,(3)many -behavior-one result style caused by half closed behaviors,and (4)many-behavior-one result style caused by loose behaviors.In cases of (1) and (2),each of the offenders should take the joint and several liabilities.In case (3),each of the offenders should take the joint and several liabilities according to the results,except that the victim himself has faults.In case (4),each of the offenders should bear the shared liability according to the degree of their faults and the closeness between the behavior and the results.

Opportunity Space,Grassroots Governance and Home Owners’ Safeguarding Rights through Litigation

WANG En-Jian

Journal of Jishou University（Social Sciences）, 2014, 35(4): 60-64.

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Safeguarding rights through litigation create the opportunity space for home owners in some dimensions:the home owners’ action is endowed with “legitimacy” by “legality”,providing opportunities for the venting of home owners’ discontent and increasing “law quantity” by the media.However,safeguarding rights through litigation limit the opportunity space for home owners in other dimensions,for it is hard for home owners to win the key litigations,to generate mobilizing effect,to enhance collective identity,and to generate leverage effect for home owners to bargain with government.Above all,in the current political opportunity structure and legal opportunity structure,litigations create the opportunity space for home owners in more symbolic dimensions while they fail to create the opportunity space in more substantive dimensions.Meanwhile,safeguarding rights through litigation relieve the grassroots government’s pressure of safeguarding stability and can deal with home owners’ safeguarding rights institutionally,which creates opportunity structure for the urban grassroots governance.

Rumor’s Role in Social Anger-Venting Incidents and Governance of Rumor

NIE Jun

Journal of Jishou University（Social Sciences）, 2014, 35(4): 65-70.

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Rumor is a kind of false information.In the anger-venting incidents,the lack of authoritative information is the basis for occurrence and spread of rumor.Irritation and strangeness of rumor satisfy the spiritual need of the receivers,and rumor distorts the truth,causes sensation,and stimulates the occurrence of mass thinking and irrational behaviors,promoting the mass incidents to take place.In order to prevent the occurrence of mass incidents,information should be open,supply channels for interest-voicing should be increased,voicing efficiency should be enhanced,political identity should be heightened,and most importantly,rumor should be governed by law.

On AlainBadiou’s Subjective Theory

AI Shi-Wei

Journal of Jishou University（Social Sciences）, 2014, 35(4): 71-76.

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AlainBadiou considers that there exist two traditional subjective paradigms:extremely materialist and extremely idealist.Materialist subjective paradigm reduces the whole subject to body,while idealist paradigm separates the subject and the body.The former is obsessive for the experience of death in life,and is a profane “jouissance”;the later emphasizes the experience of life in the death,presented as a religious “sacrifice”.Both of them will go to death.Therefore,Badiou proposes a third subjective paradigm,which locates in the traces of the procedure of truths and situates between the event and the truth,and it is faithful to the event.In the new subjective paradigm,the subject is identified with the body,neither inseparable nor reducible;they combine together but also keep the particularity of each other.What Badiou gives is the subjective body,which is presented as a combination of them.

Origin Dimension:Phenomenological Implication of Historical Materialism

SHI Wen-Xue

Journal of Jishou University（Social Sciences）, 2014, 35(4): 77-82.

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Historical materialism ended the tradition of Western theoretical philosophy,and revolutionized the way of questioning the issue ofexistence,that is,it turned the general questioning of existence from ideological field into the historical field of life and production.In view of historical materialism,either the abstract conceptual system,or the concrete capitalist production system,is the alienation of the real meaning of human life,and all the questionings and criticisms of it are to present a real historical circumstance in which the significance of human existence is wholly illustrated.It is the complete turning into questioning the significance of existence that makes historical materialism have profound phenomenological implication.In the field vision of phenomenology,the multiple philosophical properties of historical materialism and its inner unity are clearly defined.The associated study of historical materialism and phenomenology will deepen our understanding of the philosophical significance of historical materialism.

Research of Government Intervention in the Economy Behavior of the Rule of Law

LI Chang-You, WU Wen-Ping

Journal of Jishou University（Social Sciences）, 2014, 35(4): 83-88.

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The legalization of government interference in economic activities is the key to turn power economy into rule-of-law economy.The legalization includes interference of power,process and responsibility.The legalization of government interference in economic activities is of great importance to standardized exercise of power and optimization performance,and it guarantees the right of intervention.At present,the legalization of economy behavior of government intervention have some problems such power law limits not clear,program control not perfect,imperfect legislative system and the judicial system not perfect,we should take measures to solve the existing problems.

On Applicable Mechanism to Criminal Law of Child Abuse

DENG Duo-Wen

Journal of Jishou University（Social Sciences）, 2014, 35(4): 89-95.

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Since China has built criminal regulation system of child abuse，the creation of the crime of child abuse,the extension of the subject or object of maltreatment cannot be justified.How to apply criminal justice system of child abuse becomes the key point.In this paper,a “Four in One” applicable mechanism is proposed,emphasizing that the object from isolation to system should be reconstructed,that the principle should be from expansion to modesty,that the process should be from syllogism to analogy,and the method should be from singleness to wholeness.

Criminal Analysison Stealing,Buying,and Illegally Providing Credit Card Information

SHI Kui

Journal of Jishou University（Social Sciences）, 2014, 35(4): 96-101.

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Credit card information which is stolen,bought,and illegallyprovided refers to the information that is carried in the card itself.It should not be recognized as stealing if the information is got through false bank service phone.Nor should it be recognized as illegal providing if the information is got by means of encroachment,snatching,robbery,and damage.The form of crime should also be treated differently.Criminal object and objective aspects should be properly handled in distinguishing crimes of selling and illegally proving personal information,illegally entering computer information system,interfering credit card management,and illegally obtaining computer information data.

The Changes of Miao Land Policy in the Qing Dynasty and the Downward Moving of Imperial Authority

ZHANG Zhong-Kui

Journal of Jishou University（Social Sciences）, 2014, 35(4): 102-108.

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Opening up wasteland has been aconsistent land policy of the Qing Dynasty in the Miao frontiers.From the sovereignties of Qianlong to Xianfeng,policies in favor of the Miao people were adopted to protect the Miao people and maintain political stability.It can be seen from historical documents that after the Miao’s rebels in Xianfeng and Tongzhi periods in the late Qing Dynasty,many rehabilitative measures were taken,showing the downward moving of imperial authority compared with the earlier policies.

From the Perspectives of Discourse,Identity Construction and Modernity

WANG Qing-Feng

Journal of Jishou University（Social Sciences）, 2014, 35(4): 109-114.

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Gay identity is the product of modernity.As an invention of the nineteenth-century,the label of “homosexual” reconstructs same-sexual desirers,forming an identity-sharing minority.Homosexual-history writing,discourse argument,sexual subject consciousness and modernity all contribute to the process of “making homosexual”.Basically,this process can be identified as three phrases:searching for historical roots,experience interpretation and ethnic construction,and different societies and cultures would distinguish diverse homosexual types,such as age-structured,transgender,egalitarian and inversion.Modernity provides the opportunity for creating and developing gay sub-culture,modern gay world presents series of particular structural features.

Analysis of Audiences’ Satisfaction Degree to Live Entertainment Product in Tourist Areas：A Case Study of “ A Fairy Fox of Tianmen Mountain” in Zhangjiajie

HUANG Wei, ZHOU Ling, ZHU Zhi-Min

Journal of Jishou University（Social Sciences）, 2014, 35(4): 115-122.

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The audiences’ satisfaction to live entertainment product is gradually formed along the trace of audiences’ expectation,production experience,perception evaluation,and consumption feedback.Among them,production experience is the most important one.At present,the six factors of influence in product experience contribute differently to the audience’ satisfaction.In the future,in order to improve the audience’ satisfaction degree,we need to focus on improving the low contribution degree factors such as service,interaction,and so on.At the same time,personal characteristics of different audiences are also important factors in effecting the audiences’ satisfaction.So,we can improve it by distinguishing the target market segments and improving the products.In addition,finding out the balance point between the audiences’ expectation and audiences’ perception is equally important.Otherwise,ballyhoo which causes the audiences’ high expectations will lead to the sense of loss and ultimately affect the degree of satisfaction.

Research on theTraditional Social Organization of Ethnic Minorities and the Development of the Original Ecological Sports Culture Tourism:A Case Study of the Traditional Social Organization “Yoguo”of Yao Nationality in Baiku Village of Nandan County

ZHANG Ping, WANG Su

Journal of Jishou University（Social Sciences）, 2014, 35(4): 123-128.

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The unique and rich tourism resources of Nandan County in Guangxi feature the Baiku Yao people’s originally ecological sports culture,which is a blended culture relating to clothing,village life,marriage celebration,gyro playing,bronze drum performance and offering cows in funeral ceremony,all in the original state.The original ecological sports culture plays a very important role in the Yao’s production,life,festivals and rituals of worship clan and tied up with its traditionally social organization.Therefore,Baidan Yao’s primitive sport cultural connotation and characteristics of cultural symbols should be highlighted in the process of developing the local tourism,taking advantage of the important role of traditionally social organizations.Meanwhile,we should respect the cultural sensitivities of minority ethnic groups,following the traditional culture,meeting their needs to improve their livelihoods and make reasonable development and utilization.

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