Table of Content

    01 May 2016, Volume 37 Issue 3
    Special articles
    Liability for Environmental Harm and Emerging Global Environmental Law
    Robert V.Percival;YANG Zhaoxia,HUANG Jing
    Journal of Jishou University(Social Sciences), 2016, 37(3):  1-11. 
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    With the growth of global concern for the environment,nations are transplanting environmental law and policy innovations even from countries with very different legal and cultural traditions.These developments are blurring lines that traditionally separated conceptions of domestic and international law and public and private law.This is leading to the emergence of “global environmental law.” This paper reviews the historical development of liability standards for environmental harm and their haphazard incorporation into public international law.It discusses evolving national standards of liability and the obstacles that have made it difficult for victims of environmental harm to hold polluters liable under domestic law.It then examines initiatives to overcome these obstacles in certain countries by relaxing traditional causation requirements and shifting burdens of proof.The paper also explores how climate change is spawning new litigation strategies that seek to hold polluters liable for global harm as well as the growth of private litigation to recover against multinational enterprises for the harm their actions cause in foreign countries.It concludes that as globalization continues to blur traditional distinctions between international and domestic law and between private and public law,liability standards for global harm are emerging more from “bottom up,” private initiatives than from the negotiation of multilateral treaties.As a result,as countries strengthen their own domestic liability standards to redress environmental harm,states’ receptiveness to entertain lawsuits by foreign plaintiffs and the development of reciprocity standards for the recognition of foreign judgments will become increasingly important.Transnational private litigation will help provide further impetus for the development of global liability norms that ultimately will become an important part of the new architecture of global environmental law.

    Protocol Mechanism of Higher Education Governance
    PAN Maoyuan,ZUO Chongliang
    Journal of Jishou University(Social Sciences), 2016, 37(3):  12-19. 
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    Higher education is a complex system with multiple interest patterns,and the governance of higher education has special and complex rules and regulations.Protocol mechanism is an important part of higher education governance system,which can be can be divided into four types according to its function:regulating mechanism,dynamic mechanism,guarantee mechanism and coordination mechanism.Regulating mechanism attaches great importance to contract which,through law and university charter,clarifies each other's boundaries of powers and responsibilities.Dynamic mechanism can solve the problem of subjectivity,which makes the governance of higher education more effective to play an important role in organizational decision and goal motivation.Guarantee mechanism is to ensure high quality of higher education through multiple funding and clear responsibilities.Coordination mechanism is to reduce the risk of default through decentralization and multi-agent collaborative participation,to mitigate the conflict of interests through the buffer organization,to strengthen the links between higher education,government,and society,and to enhance the relevance of higher education.

    Economics
    Supply-side Reform in Agriculture and Improvement in Total Factor Productivity
    XU Jingyong
    Journal of Jishou University(Social Sciences), 2016, 37(3):  20-25. 
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    Economic growth is demand-led when the market is in short supply where the key lies in the demand side.However,when there is no supply shortage or in some cases there is even oversupply,the problem lies at the supply side and the solution is to tackle “quality and productivity”,which is manifested in that supply does not adjust to changes in demand.Supply-side reform in agriculture is necessary because of factor misallocation which itself results from market distortion.Supply-side reform in agriculture thus requires the improvement of market mechanism so that market can play a central role in factor allocation.It is to correct the distortion arising from factor allocation on the base of administrative power.To improve factor market allocation efficiency in agriculture,it is essential to deepen reform in agriculture such that labor and land can be orderly mobile and a new model of urbanization can proceed more rapidly,which requires the simultaneous development of both agricultural modernization and urbanization.Supply-side reform in agriculture is a systematic project.

    Research on Relationship between Marketization,Industrial Structure and Regional Economic Growth:Analysis based on China’s Regional Panel Data
    ZHU Xianping,WANG Rui
    Journal of Jishou University(Social Sciences), 2016, 37(3):  26-33. 
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    Based on the provincial panel data from 2000 to 2014,empirical analysis was made on the relationship between marketization degree and economic growth.The results showthat marketization degree has an obvious regional difference of direct and indirect effect in regional economic growth.For the direct action,it has a significant promoting role in the northeast,central and western regions,while the role is not significant in the eastern region.For the indirect conduction effect,it has a significant promoting role in the eastern,northeastern and central regions,while it has a negative effect in the western region.Promotion of indirect conduction is stronger than direct effect in Northeast China.Direct promotion is stronger than indirect conduction effect in the central region.The imbalanced degree of marketization puts forward higher requirement to upgrade industrial structure.

    Ethics
    Luo Guojie and the Regulatory Normalization of Contemporary Chinese Ethics——Mutual Embodiment between Ethics and Good Institution and Their Practice
    TIAN Haiping
    Journal of Jishou University(Social Sciences), 2016, 37(3):  34-38. 
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    Luo Guojie’s ethics constitutes an ethics of think tank type in theory and practice,and is a conscience study beneficial to state governance.His thesis of “justifying human hearts” is a classic expression of regulatory normalization in Chinese ethics,in which the principle of collectivism is established and systematically explained.It is emphasized that collective ethics should be embodied in good institution,and ethics should be put into practice with the help of good institution.

    Similarities among Care Ethics,Confucianism and Marxism in Receptivity——Based on the Trace of the Concept of Empathy in Care Ethics
    FANG Dezhi
    Journal of Jishou University(Social Sciences), 2016, 37(3):  39-46. 
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    By tracing back to the concept of ‘Empathy’,we can find the similarities among care ethics,Confucianism and Marxism,which will promote the internal integration between the modern transformation of traditional Confucianism and the Sinification of Marxist philosophy,and the collaborative innovation of Chinese and western moral cultures as well.Philosophical and social ways in Marxist receptivity should be absorbed so that the modern internal-to-external transformation of traditional Confucianism could be achieved,and the development of Marxist receptivity in China should also absorb the moral and psychological ways in traditional Confucianism to realize the external-to-internal transformation.Both the modern transformation of traditional Confucianism and the development of Marxism should be rooted in the life world of the forming ecological new acquaintance society under the background of globalization.It is under this life world that the integration and innovation of care ethics,Confucianism and Marxist philosophy in receptivity could be achieved,and that human being’s receptivity liberated.

    EthicalAnalysis of Shame——Beginning from the Thief’s Refusal to Accept Insult
    TONG Jianjun
    Journal of Jishou University(Social Sciences), 2016, 37(3):  47-55. 
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    Shame is an important index to show an individual’s moral integrity.As a negative emotional experience,shame is connected with vision,in which a behavior realizes a despicable or obscene sense in his speech or behavior,feeling disrespected under public watch,creating a self-oriented,nervous,and negative emotion,and wanting to escape from the public vision.Shame experience has ethical significance;however,it does not necessarily create ethical behavior.The direct cause for the declining sense of shame is the social mobility,but the deep background of it is the fundamental transformation of the behavior’s content of self-respect and way of self-respect.

    Ethical Perspectives of Ubiquitous Healthcare
    XIE Yake
    Journal of Jishou University(Social Sciences), 2016, 37(3):  56-62. 
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    Ubiquitous healthcare is a medical revolution initiated by technology.It opens a new window for medical treatment,expands people’s health concept,harmonizes the relationship between doctors and patients,improves medical efficiency,and directs a way for the reform of present medical system.while bringing a medical revolution,it has also caused conflicts and changes in traditional medical ethics,in which the medical privacy would be infinitely extended,digitization of medical information would cause privacy disclosure and vicious utilization,the control power of individual medical privacy would be weakened,responsibilities of online medical disputes and medical malpractices based on intelligent medical system would be hard to define,ID of electric medical treatment would cause prejudice,and medical digital gap and the materialization of the relationship between the doctors and the patients would be intensified.To effectively deal with these and avoid ethic risks,it is necessary to perfect the technical design of ubiquitous healthcare,giving enough importance to the collaboration between system and ethics and developing an ethical social environment.

    Philosophy
    Agnosticism:Dilemma and Way Out
    YAN Shunli
    Journal of Jishou University(Social Sciences), 2016, 37(3):  63-68. 
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    Agnosticism,as core content in the fundamental issues of philosophy,reveals multiple contradictions in epistemology.However,it also gets itself into dilemma.When it declares that the world is unknown,it has been a Gnosticism.It denies the commensurability of consciousness,but finally falls into the stereotype of mysticism.The blind spot of it lies in that it is restricted the scope of experience,and denies the objective reality outside consciousness,shielding social consciousness with individual consciousness.In vain,Hegel tries to solve the difficult problem of Agnosticism with speculative dialectics;Marx's philosophy places social practice to change the maze of Agnosticism,and illustrates new principles of philosophical interpretation.

    The Interpretation Model of Modern Chinese Intellectual History and the Change of the View of Revolution History
    WEI Wanlei,LIU Li
    Journal of Jishou University(Social Sciences), 2016, 37(3):  69-75. 
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    In the middle of 1980s,Li Zehou proposed that modern and contemporary Chinese history was“a dual variation of salvation and enlightenment”.Later,Chinese historian circle reflected the views of revolution history since modern China,and continued the enlightenment with the New Culture Movement (around the time of the May 4th Movement in 1919).With conservatism becoming popular in the early 1990s,the direction of Chinese modernization turned from “destroying the old and establishing the new” to “creative transformation of the tradition”.After that,“reflection on modernity” devoted itself to looking for the identity of China under the background of globalization.Moreover,it made the value of history more reasonable.After the development process of successive negation,the interpretation model of modern Chinese history came from the revolutionary narrative to the modernization narrative.At last,it turned into the modernity narrative.The re-context of revolutionary narrative and the formation of modernity narrative promoted the change of subject and focus of intellectual history directly.

    Law
    Ontology and Localization Research on the Right to be Forgotten
    ZHANG Jianwen,GAO Wancheng
    Journal of Jishou University(Social Sciences), 2016, 37(3):  76-81. 
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    Benefited from European court’s sentence of the case of Google vs.Gonzalez,the right to be forgotten,an early right form in Europe,has become a formal right in the network society.The scope of application the right to be forgotten can be generalized as “inappropriate,irrelevant,and outdated” information,whose main function is to remove the network information which reduces social evaluation.The right to be forgotten in essence belongs to the right of personal information,and it is not an independent form of right.Under the background of realizing network strategy,we should actively explore the ways of localization to protect the right to be forgotten,thus to meet the new challenges in protecting personal information in the network society.

    On the Interpretation of Criminal Law on “The Judicial Interpretation on Internet Defamation”
    ZHUANG Qianlong, ZHU Zhiwei
    Journal of Jishou University(Social Sciences Edition), 2016, 37(3):  82-88. 
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    “The Judicial Interpretation on Internet Defamation” stands for substantive interpretation,which expands the establishment scope of libel and Crime of Picking Quarrels & Provoking Troubles.Especially,“the Judicial Interpretation on Internet Defamation” interprets the serious case of libel by the aid of the cumulative offense theory.It creates a new type of way to bear the criminal responsibility.The increase of prosecution on libel intervene the gap of the public power intervention in the freedom of speech.Formal interpretation on the core of the legal provisions,prohibits the incriminating explanation,while not excluding the explanations for the benefit of the defendants.Adhering to the formal explanations can avoid the alienation of the incrimination of traditional criminal networks.At the same time,it can balance the relationship of reputation rights and freedom of speech,and highlights the spirits of the guaranteeing of human rights.

    Management science
    The Government’s Responsibility in Restructuring and Running Rural Old-age Security System——A Case Study in Hunan Province
    CHEN Yuxiang,YU Qing,LI Xiaopei
    Journal of Jishou University(Social Sciences), 2016, 37(3):  89-94. 
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    The rural old-age security system is now challenged by the weakening function of family security,collapsing social support system,as well as the efficiency of the elders’self-support.Thus,the reconstruction is urgently needed.In restructuring and running rural old-age security system,the government should bear the major responsibilities,which is not only the practical needs of responding effectively to the wave of aging,but it is also its inherent purpose to govern for the people.In this process,the government’s responsibilities include top design,organization and management,financial input,regulation,and so on.Furthermore,the government should take various measures to maintain the function of family security,increase financial investment,and improve the infrastructures for rural old-age security.

    Frame of Regional Co-governance of Trans-boundary Environmental Pollution:from the Perspective of New Regionalism
    XIANG Yanping,CHEN Youlian
    Journal of Jishou University(Social Sciences), 2016, 37(3):  95-99. 
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    New regionalism provides an analytic frame for the co-governance of trans-boundary pollution,concerning issues of “who,what,how” and the performance of the co-governance.From the perspective of the new regionalism,we hold that the subject co-governing trans-boundary environmental pollution is multiple,and the main object of governance is trans-boundary water pollution and atmosphere pollution.It is suggested that co-governance model and network should be established,and the governance performance should include economic performance,social performance,ecological performance,and comprehensive performance.

    Research on Pricing Mechanism of Public Health  and  Medical Service and Value Compensation——from the Perspective of Value Compensation for Suppliers and Demanders
    YUAN Yanxia
    Journal of Jishou University(Social Sciences), 2016, 37(3):  100-107. 
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    China’s supply of medical and health service follows a market-pricing mechanism and a formula of contract-based governance.The supply process includes two chains of principal-agency of property right and value compensation.Capital flow runs in the two directions of heath expenditure collection and value compensation for medical service consumption.The general expenditure on health and medical service on the demanders’ side is to be shouldered by a multiple mechanism composed of governmental interest,social relief and individual payment.The suppliers,such as medical institutions,obtain cost reimbursement and reasonable earnings through financial aid and health and medical service.With the intervention of the third parties such as medical insurance,the interaction among interested parties leads to the problems of moral hazard in public sector and market failure in private sector,the incentive to which is the reform of division of administrative power and public finance.The regulation of efficiency goals for corresponding participants,strengthening supervision and integration of medical security systems in both urban and rural areas,all play positive roles in improving the accessibility of medical service and enhancement of social justice.

    Political science
    Why the Publicity of the Value of Human Rights Is Possible? ——On the Three Ways to Realize the Value of Human Rights
    REN Shuaijun
    Journal of Jishou University(Social Sciences), 2016, 37(3):  108-113. 
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    The value of human rights is a publicized rational value,which meets the needs of value of modern rational society for human existence and development.Modern rational society helps to realize the value of human rights in the constructions of ethics,political civilization,laws,and regulations.However,it is also confronted with the dilemma of publicity.Individualism is a major obstacle to realize the value of human rights,and it an alienation phenomenon for the individuals to realize the value of human rights.The publicity of the value of human rights embodies human beings’ publicized pursuit of value,which helps to overcome the obstacles of individualism in realizing the value of human rights.As for the forms of realization,the realization of the value of human rights is just the publicity of it,which lies in the ethic society,political society,and legal society that human beings have constructed.The publicity of the value of human rights is reflected in the constructions of ethics,politics,and institution.

    Prevention of Risk of Political Stability under the Perspective of State Governance
    HUA Tao
    Journal of Jishou University(Social Sciences), 2016, 37(3):  114-121. 
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    Risk of political stability is an important factor influencing the performance of state governance,so the prevention of it has become a key to the modernization of state governance.In contemporary China,risk of political stability in some extent comes from differentiation of interest and the imbalance of power,market,and society during the rapid transformation period.The governance practice has proved that it is important to develop scientific risk consciousness,improve the Party’s governing capacity,optimize institutional design,perfect political consultation mechanism,resource mobilization mechanism,interest coordination mechanism,and legal mechanism,and conduct collaborative governance,so that we can deal with the risk of political stability and govern the country orderly and effectively.

    Endogeny or Introduction:Reflections on the Growth Mechanism and Cultivation Path of Community Commonweal Organization——A Case Study in Wuchang District of Hubei Province
    YIN Hao,MA Tao
    Journal of Jishou University(Social Sciences), 2016, 37(3):  122-128. 
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    By borrowing the theoretical research logic of institutional development and introducing the two key variables of endogeny and introduction,this paper holds that the growth of community commonweal organizations needs the state’s effective involvement,that endogenous paths should be taken,that special social organizations out of the community should be introduced,and endogenous development path should be adopted due to the external resources and environment,the lag development of grass-root society,the consensus of community public service supply rules and the fragmented situation of the community structure.The development path,mainly based on endogeny and aided by introduction,is the precondition for the germination of independent consciousness of grass-root society.

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