Journal of Jishou University(Social Sciences Edition)

On the Chaotic Phenomena of Government Environmental Accountability and the Countermeasures

YANG Chao-Xia, ZHANG Xiao-Ning

Journal of Jishou University（Social Sciences）, 2015, 36(4): 1-12.

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Environmental accountability，especially government environmental accountability，is the important guarantee for the smooth operation of environmental law.However，chaotic phenomena of government environmental accountability frequently appear in practice，confusing political duty and legal liability.To get out of the dilemma，healthy and perfect mechanism，emphasizing clear right and duty，should be built so as to strengthen government environmental accountability and greatly push the legal construction of eco-civilization.

An Empirical Study of the Crime of Environmental Pollution:Samples from 198 Cases of Environmental Pollution

JIN Hai, WANG Ying-Fang

Journal of Jishou University（Social Sciences）, 2015, 36(4): 13-19.

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With the criminal law amendment and the judicial interpretation entering into force,the number of the crime of environmental pollution has increased rapidly.In practice,the crime is often committed by more than two people,yet controversy exists as to joint offense.Illegal discharge and pouring of wastewater is most frequently seen in the crime;however,effective supervision from industrial,commercial,and environmental protection departments is often missing.In judicial adjudication,problems of confusing evaluation institutions and evaluation procedures have occurred frequently.Therefore,it is necessary to establish and perfect the evaluation system of environmental damage,clarify the disputes of crime subject,and definite the standard of severe environmental pollution.In penalty settings,the degree of freedom penalty might be extended,and the fines should also be divided into different rates,made by the judges within certain degree in accordance with specific conditions.

On Jin Yuelin’s Concept of Knowledge and Relevant Comparison

CUI Zhi-Zhong

Journal of Jishou University（Social Sciences）, 2015, 36(4): 20-30.

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Jin Yuelin does not directly answer whatknowledge is.However,he reveals that the fact of knowledge is the fact of relationship,and knowledge is equivalent to true proposition.On the basis of common sense,Jin Yuelin affirms there is knowledge.He simply illustrates the probability and restriction of knowledge,but he clearly points out that his theory of knowledge has nothing to do with the probability and restriction of knowledge.Contemporary epistemologists accept the concept of Plato’s knowledge and put forward theories in order to respond Gettier’s challenge,such as,no false belief condition,defeasibility,reliability,conclusive reasons and the causal theory.However,these theories could not remedy the traditional concept of knowledge.Two kinds of the concept of knowledge have a lot of same content and many differences that there are diverse viewpoints on whether to have definition of knowledge,constituent elements of knowledge,skepticism challenge and method of analysis of the concept of knowledge between Jin Yuelin and contemporary epistemologists.

On theTriple Deconstructions of Hegel’s Philosophy of History

CUI Shu-Lan

Journal of Jishou University（Social Sciences）, 2015, 36(4): 31-36.

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Hegel’s philosophy of history，focusing on preexistent concept and relying on dialectics，develops German classic philosophy to the highest point.However，it has been resisted and doubted since its birth due to own defects.In the whole 19th century，especially since the 1970s，Hegel’s history of philosophy has undergone constant deconstructions，mainly in the following three aspects：the first is the will rebel opposed to reason，the second is the criticism in methodology，and the third is the narrative turn.

Morality Preference：the Intermediate for the Unity between Normative Ethics and Virtue Ethics

NIE Wen-Jun

Journal of Jishou University（Social Sciences）, 2015, 36(4): 37-42.

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The relationship between normative ethics and virtue ethics has been a focus incontemporary academic circles.Normative ethics is the fundamental frame for the moral life in modern society；however，virtue ethics has been gradually marginalized.Since normative ethics is desperately supported by virtue ethics，it is important to unite the two.And morality preference might serve as a bridge between them.

Marx’s Ethic Interpretation on Mine Disaster and Its Enlightenment

XU Yin-Ying, HE Han-Hun

Journal of Jishou University（Social Sciences）, 2015, 36(4): 43-50.

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Alienations of labor right and labor obligation are two important aspects of immoral alienated labor，and they are also the two ethic dimensions for Marx to examine mine disaster in capital society.According to Marx，thedeficiency of miners’ labor right，especially the deficiency of the rights of health and security，is the essence of mine disaster.Causes for mine disaster also include capitalists’ unfair treatment to the miners and the capitalist government’s nonfeasance.Marxism though of mine disaster enlightens that it is essential to overcome alienated labor so as to prevent mine disaster.Perfecting machinery equipment，positively developing large-scale coal groups，strengthening security and democratic construction，and clearing away immoral coal capital are important measures.

On the Three Paradigms of Institutional Interpretation

ZHANG Deng-Qiao

Journal of Jishou University（Social Sciences）, 2015, 36(4): 51-59.

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Institutional issues cover every field of social life，and institutionalresearch is related to politics，economy，law，management，philosophy，and many other disciplines.However，institution is interpreted differently in different fields，leading to different research objects，research methods，research paradigms，and research paths.Generally speaking，there are three paradigms or paths，the first is empirical-scientific paradigm，the second is culture-civilization paradigm，and the third is philosophy-reflection paradigm.

Alexis de Tocqueville’s Reflection on Democratic Political Philosophy and Its Enlightenment

HAN Sheng, XIE Li-Wei

Journal of Jishou University（Social Sciences）, 2015, 36(4): 60-65.

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Theetymological meaning of democracy is civilian rule.Alexis de Tocqueville evolved it as “political democracy”，aiming to extend citizenship and “social democracy” as the universal value.In advocating democratic values，Alexis de Tocqueville put forward the democracy’s maladies：individualism can lead to “political fragmentation”，the degradation of the civic responsibility and obligation，moderate despotism and tyranny of the majority，and so on.Tocqueville provides a democratic patterns of United States——principle of correct understanding of interests，spiritual purification of religion，jurists and the jury system——to prevent the possible abuses of democracy.Prudent interpretation of the Alexis de Tocqueville on democracy conception helps to enrich our knowledge and understanding of modern democracy.

Development Features and Direction of Present Farmers’ Specialized Cooperatives——A Case Study in Nanning

QIN Hong-Zeng, WEI Xing-Guang, LU Bing-Gan

Journal of Jishou University（Social Sciences）, 2015, 36(4): 66-71.

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In the development offarmers’ specialized cooperatives，the farmers have turned their scattered and blind planting pattern into an intensified and scale operation，making producing，supplying，and selling an organic whole and creating a multi-win situation for the interest correlation groups of corporations，farmers，and market.However，the farmers’ specialized cooperatives are also faced with development bottleneck.Improvement should be made in cash flow，informatization，and product standardization.

Analysis on the Structural Features and Elements for Successful Cross-boundary Governance——Based on Water Pollution Governance in the Manganese-rich Bordering Area of Hunan，Chongqing，and Guizhou

ZHANG Huai-Ying, YANG Jin

Journal of Jishou University（Social Sciences）, 2015, 36(4): 72-76.

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An effective cross-border governance model shouldpossess certain structural features and some elements for success.Through institutional analysis and empirical study on water pollution governance in the manganese-rich bordering area of Hunan，Chongqing，and Guizhou，it is found that cross-boundary governance can reach success through multi-governance and collaborative interaction，in which effective interests distribution，construction of cross-boundary cooperation platform，cross-department cooperation mechanism，and multi—agent participation are essential.Those structures and elements provide a predictable standard of assessment of the effectiveness and technical reference for cross-boundary governance.

Multi-agent Synergetic Supply of Urban Community Public Goods：Status Evaluation and Influencing Factors

HE Ji-Xin, YANG Peng, GAO Ya-Jun

Journal of Jishou University（Social Sciences）, 2015, 36(4): 77-87.

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Multi-agent synergetic supply of urban community public goods is the development trend of community public goods supply.Based on 626 community samples from five provinces，this paper gives an in-depth analysis of the present situation of multi-agent synergetic supply of community public goods and the factors restricting the effective coordination between the multi-agents.It is found that in spite of the generally satisfactory situation of the multi-agent synergetic supply of urban community public goods，problems are prominent in such aspects as supply and demand matching，efficiency and cooperation.Regression analysis shows that business processes，information and communication feedback，and mutual trust have significant positive effects on the multi-agent synergetic supply of urban community public goods，and the degree of attention to their own interests has a noticeable negative impact.

Structure Evolution and Driver Analysis of Inbound Tourism Consumption from the Perspective of Industry Generation——A Case Study in Zhangjiajie

SU Juan, WANG Feng-Ling

Journal of Jishou University（Social Sciences）, 2015, 36(4): 88-97.

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The structure of inbound tourism consumption inZhangjiajie has undergone a process of “low-high-low-high”，and the structural index of inbound tourism consumption now is gradually stable at 0.4.Regional foreign trade economic level，consumers’ marginal propensity to consume，and price are important factors to influence the inbound tourism consumption structure.Empirical analysis shows that in the inbound tourism consumption structure，marginal elasticity of shopping and entertainment is small (being 0.12 and 0.04 respectively)，price elasticity demand is low (being 0.461 and 0.170 respectively)，thus it is the inevitable choice to promote the feature and quality of tourism product in the future.Tourism cultural product，high-end tourism product，and tourism leisure and recreation will become the consumption hotspots of inbound tourism consumption in Zhangjiajie.

New Comments on the Subjective Extra Factorsin Absichtsdelikte

WU Yun-Feng, CHE Run-Hai

Journal of Jishou University（Social Sciences）, 2015, 36(4): 98-103.

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According to theprinciple of correspondence between subjectivity and objectivity，the subjective factors constituting a crime should be correspondent with relevant objective factors.Since subjective extra factors require no corresponding constitutive elements，this theory seems to violate the principle of criminal conviction according to the correspondence between subjectivity and objectivity.The influence of subjective extra factors on absichtsdelikte varies.The purpose of kupierte erfolgsdelikte essentially belongs to will factors of actual intent，thus no subjective extra factors are included in it.It will provide useful reference to distinguish crime in our judicial practice to consider the influence of subjective extra factors on verkuemmert zweiaktige delikte based on the number of criminal acts.

Analysis on Liability Principle of Juvenile Sports Injury from the Perspective of the Economics of Law

WU Wen-Ping, LI Chang-You

Journal of Jishou University（Social Sciences）, 2015, 36(4): 104-108.

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By analyzing strict liability and fault liability ofeducational institutions，underage students and their guardians，we may find that the principle of fault liability is more profitable to the society in adjusting behaviors.In addition，the principle of fault presumption can lower the cost in judging the case，reduce the economic burden in identifying causal relationship，and decrease the cost of proof for the weak side.Therefore，according to the age of the underage students and their capacity for civil conduct，it is reasonable for the kindergartens，schools or other educational institutions to adopt the principle of fault liability and the principle of fault presumption in school sports injury accidents.

Ideal and Reality of the Application of Public Law to Order——Analysis and Reflection on the Conviction of Small-amount Smuggling

TIAN Zhi-Juan

Journal of Jishou University（Social Sciences）, 2015, 36(4): 109-115.

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The effective regulation of smuggling depends on reasonable division and cooperation between administrative law and criminal law.The hierarchy in applying public law requires that administrative law should be the conventional method of social administration while criminal law should be “the last law”.However，the conviction of small-amount smuggling is just the violation to the above-mentioned regulation，which has transcended the general cognition of the concept of crime in Chinese society.The justifiability of criminalization of small-amount smuggling deserves reflection，and the validity of criminalization cannot be proven in practice.Dilemma and confusion in the law application just means that it is necessary to bring administrative legislation into full play and maintain the modest and restrained principle of the criminal legislation.

Historical Memory and Social Practice——A Case Study of Cultural Interaction between the Miao Community and Government Organizations in Xiangxi

ZOU Yu-Ling

Journal of Jishou University（Social Sciences）, 2015, 36(4): 116-121.

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Folklore isverbally created and spread，describing historic events or figures and explaining local customs.The legend text of festival “the ninth of September” of the Miao people in eastern dialect community presents the relationship between the ethnic imagination and “empire”，and the past figures and the memorial knowledge are transmitted and maintained through the ritual of “killing ducks”.It is the same expression in contemporary social context about the link between “Peking King” and community.The social members share the similar historical memory；however，people now are experiencing some difference between the imaginary state and the state represented by government organizations.Through ethnic cultural interaction based on past image memory，the existing social order can be legitimated.

Taoism Inherited by the Miao People in Xiangxi

TIAN Ni

Journal of Jishou University（Social Sciences）, 2015, 36(4): 122-128.

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The Miao people of Badaizha folk belief system (a kind of religious belief) worship the two Taoism masters of Zhang and Zhao as the founders of their belief.They also believe in such gods as Sanyuan，Jiaxian and other local gods.Ox horns，bamboo sticks，knives，and cards are mainly used in religious rites，redeeming a vow to a Nuo god (a god to drive ghosts away and bring good fortune) being the most important.Badaizha belief system was introduced to Xiangxi at the late Yuan Dynasty (1206—1368) and the beginning of Ming Dynasty (1368—1683).Since all its features are of Meishan School (a branch of Taoism)，Badaizha belief system may be regarded to belong to Meishan School，or Taoism inherited by the Miao people.

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