Journal of Jishou University(Social Sciences Edition)

On the Evolutionary Logic of Moral Adaptation

LI Jianhua,LIU Gang

Journal of Jishou University（Social Sciences）, 2018, 39(1): 1-6.

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Moral adaptation is a process of moral mobility,whose logic starting point is our recognition of the needs and values of the new moral environment,and it is also the positive interaction between the world of the other and the development of morality.The logic of moral adaptation may develop mainly from the two aspects of the form and essence,moral communication and moral cultivation being the major forms.The logic of moral adaptation emerges in a state of integration and separation,and is ultimately divided into four stages:moral approval,moral learning,moral practice and moral internalization.

The Implication of Educational Research and the Diversity of Educational Research Methods

LIU Tiefang,WEI Tao

Journal of Jishou University（Social Sciences）, 2018, 39(1): 7-14.

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Educational research is based on the study of educational affairs itself,and thus contributed to the improvement of real education life.The ideal educational research is from the educational facts,but it also shows the inherent direction of real education and the possibility of real education to improve.Everyfact of education not only has objectivity,but also contains the possibility that the main body of education practitioners will integrate themselves into the reality of education,grasp the truth of education and improve the reality of education.This means that the educational facts faced by educational researchers are the unity of objective educational reality and subjective expectations of education.Education research should be problem-centered,not only to explain the reality of education,but also to explain the educational ideal conceived in the meantime,that is,the possibility of education,so as to highlight the findings of educational research and enhance the good will of education world.To this end,education research should not only reveal,explain the causal relationship contained in education and even predict the development trend of education through a variety of empirical research,experiments and data tips,but also highlight the humanistic interest in educational practice through a variety of philosophical theoretical speculation.Both are the different dimensions of the return,interpretation and resolution of the educational problem itself.Thus,good educational research is to face the research of education itself,and speculative research and empirical research should be the basic paradigm of educational research.Therefore,a good education research is a research that confronts the educational issue itself.Both speculative research and empirical research should become the basic paradigm of education research.Today's educational research requires the diversity of methods to effectively enhance their possibilities of interpreting and leading educational practices.

Study on Legal System of Environmental Health Risk Assessment in the United States

SUN Youhai,ZHU Bingcheng

Journal of Jishou University（Social Sciences）, 2018, 39(1): 15-25.

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Effective implementation of environmental health risk assessment system is one of the effective measures to reduce environmental health risks and provide effective protection for human health.After decades of exploration and management,the United States has established a relatively complete risk assessment system and has made the system one of the important considerations for environmental legislation and decision-making.The US risk assessment includes four steps:hazard identification,dose response assessment,exposure assessment and risk characterization.At the same time,through the effective connection of risk assessment,risk management and risk communication,the effectiveness of risk assessment system is realized.Along with the economic development in our country,environmental pollution and ecological damage have taken place frequently,resulting in a worsening environmental health problem.As one of the goals of our country's environmental legal system,safeguarding human health has not yet been given effective attention and lacks the basis for legal protection.Based on the status quo and existing problems of environmental health regulation in our country,we can draw lessons from the experience of risk assessment system in the United States.By implementing risk prevention principles and perfecting environmental standards system,risk assessment system,enterprise environment health management system and promoting diversified public participation mode,we can establishing and perfect China's Environmental Health Risk Assessment Legal System.

Legal Practice and Reference of Compensation for Environmental Health Damage in the United States

YU Wenxuan

Journal of Jishou University（Social Sciences）, 2018, 39(1): 26-32.

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In the United States,the cost-benefit approach is widely used in the legal practice of environmental health damages.At the federal level,based on common law and precedents,the scope of compensation includes medical expenses,loss of wages and gain in income capacity,death and injury,mental sufferings,property damage,life intrusion,punitive damages,daily accumulative compensation,privacy violations,miscellaneous expenses and so on.At the state level,some states enact and implement more effective legislation related to environmental health damages,while the practice in other states is not so good.The significance of the U.S.practice lies in a judicial philosophy of holism,the rule of law based on scientific judgments,and a collaborative operation between local knowledge and national efforts.

A Comparative Study of Causation Proof of Health Damage in Environmental Suit between China and Japan

WANG Shekun

Journal of Jishou University（Social Sciences）, 2018, 39(1): 33-40.

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Based on the four major public nuisance suits in the 1960s,Japan has developed a causationpresumption rule different from traditional tort litigation in legal theory and judicialpractice,including presumptions of probability,indirect evidence,and epidemiology etc.Since the 1990s,for fulfilling the policy of protecting victims in environmental tort,the special rule of the burden of proof on causation were applied in China.However,there are disputes onthose specialrules in both theoretical research and judicial practice,focusing on whetherthevictimhasacertainburden to prove the causation.Comparatively speaking,Japan's causation proof rules ismorecautious,it can realize the policy objective of protectingvictimsunderthepremiseofscientificproof.InChina,the causation proof rules emphasized moreonthepolicyobjectives through the special burdenofproof,but ignored thefinding of truth.Consideringthecurrentenvironmentalconditions,China should insist on theexistingrulesontheburdenofcausation proof,and apply causation presumption at the same time tobalancethe policyconsiderationsandlegallogic.

A Study of Action Logic and Formation Path of Community Governance from the Perspective of Action Science

CHEN Weidong,WU Lanbo

Journal of Jishou University（Social Sciences）, 2018, 39(1): 41-48.

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Government embedding,social coordination and resident self-governance are the intrinsic variables of community governance actions,whose relationship determines the transformation of community governance.From concept to action is the key to realize the community governance system and governance capability modernization.Drawing on the theory of action science,we think that the governance of Chinese communities has undergone three stages,thestate-led government action stage,the state-led social action stage,and the residents' action stage supported by the state and society.Modern community governance is a process of residents' organization,led by government and cooperated by society.With the expansion of residents' self-government in breadth and depth,residents' actions are increasingly becoming the goal and direction of community governance.Residents' actions can well meet the requirements of modern community governance,quietly changing the dilemma of residents' weakness in self-governance in the process of community governance,and it is crucial to sort out the logic of residents' actions and stimulate residents' actions through technical empowerment.

Study on the Generation Mechanism of Benign Governance Relationship in Urban Residential Communities

JIANG Lihua,LIANG Xianyan

Journal of Jishou University（Social Sciences）, 2018, 39(1): 49-55.

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The rights protection paradigm is the mainstream paradigm in the study of community governance relationship,and the owners' rights protection is regarded as a "revolutionary" path to the improvement of community governance.This paper,using a process-event framework and based on the "family-relative" model,analyzes the generation mechanism of benign governance relationship in urban residential communities.It shows that institutions,structures,and capital are "constructive" factors that overcome logical tension and generate benign governance relationship;they are interactive and constitute a closely connected organic system.The perfection of the institutional system,the optimization of the governance structure and the improvement of the governance capital are the directions for the improvement of the governance relationship and even the "good governance" of the communities.

Research on Non-tax Revenue and Its Governance

LI Yonghui,LIN Sen

Journal of Jishou University（Social Sciences）, 2018, 39(1): 56-63.

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In recent years,there have been various disputes on how to control the non-tax revenue,which has affected management philosophy and management practice.Shallow ideological understanding,unclear regulatory boundary,incomplete collection mechanism,and intentional adjustment all have restricted the management of non-tax revenue.To improve the management of non-tax revenue,it is necessary to reform the current finance and taxation system,establish modern fiscal institution,and objectively evaluate the practical significance of regulating non-tax revenue management,focusing on collection,budget,systems management,and supervision.

The Compound Plights ,Viable Path and Rethink of The Governance of Wicked Problems:A New Perspective On Network Governance

CHEN Liang,XIONG Jing

Journal of Jishou University（Social Sciences）, 2018, 39(1): 64-72.

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Wicked problems are the most concerned social problems in the twenty-first century.With emergence of a large number of wicked problems,the traditional societal governance model has become increasingly ineffective because its poor performance.Based on a reflection of the failure of traditional societal governance model and the essence of wicked problems,network governance,which take complex reflection group as its logical start,improve the production of public values as its goal,by exploring a variety of forms of governance network,and in which explore several means,such as public value reproduction in governance networks,the expansion of the deliberation,the adaptability of societal governance in governance networks,can improve the governability of wicked problems.However,this does not mean that network governance is a panacea for all public problems,in reality,when dealing with the governance of wicked problems,we should reflect the limits of network governance.

Study on the Spatial Livability of Real Estate for the Elderly——A Case Study in Wuhan

WU Yuzhe,WU Yanfang

Journal of Jishou University（Social Sciences）, 2018, 39(1): 73-78.

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This paper constructs a spatial livability of real state for the elderly from the five aspects of medical completeness,living convenience,accessibility,environmental comfort and environmental health.Using GIS analysis tool and taking Wuhan city as an example,the paper analyzes and appraises the livability of real estate with different space for the elderly.The results show that most of the areas with high livable living space in Wuhan are located in the central areas of the city,with a declining trend outward from the urban center.The majority of the sites of the existing projects for the elderly in Wuhan are away from the central urban area;and the low spatial livability has an unfavorable influence on the living of the elderly.The two indicators of medical completeness and living convenience are the main constraints on the development of real estate for the elderly.Judging from the evaluation results,the index system constructed in this paper is reasonable,and the evaluation results of real estate for the elderly in Wuhan are also in line with the actual situation.The research in this paper can provide a scientific reference for the spatial planning of the future real estate for the elderly in Wuhan and also have certain practical significance for coping with the increasingly serious aging problem in our country.

Study on Direct Financing,Spatial Spillover and Agricultural Modernization——Empirical Analysis Based on Interprovincial Data

SONG Kun,LIN Jia,LIU Xiaoqian

Journal of Jishou University（Social Sciences）, 2018, 39(1): 79-88.

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Based on related statistical data of 30 provinces from 2009 to 2016,Spatial Panel Regression Model is used to examine the nonlinear spatial relationship between direct financing and agricultural modernization.The results show that there is significant spatial spillover effect between them.Direct financing to the development of agricultural modernization has a significant negative regional and total spatial spillover effects,and the spillover effects between regions is not significant in the short term.However,it has positive significance in regional,inter-regional and total spatial spillover effect in the long term.Meanwhile,the regional spillover effect is larger than the inter-regional spillover effect.Additionally,the total effect of the long-term is the largest among all variables.Therefore,we should expand the scale of direct financing,completely eradicate changing the use of raised funds,strengthen inter-regional agricultural cooperation,and speed up the flow of funds between regions.

Conflict and Integration between the Formal and Informal Institutions——Taking Food Labeling Institution as an Example

REN Dapeng,LI Wei

Journal of Jishou University（Social Sciences）, 2018, 39(1): 89-94.

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Through case study and practical investigation,this paper discusses the overall presentation of the boundary and relationship between food label institution and informal institution.The boundary between a dominant formal institution and a hidden informal one is not static,and an informal one may be transformed into a formal one provided that it is fully based on indigenous cultural characteristics.Between the two is not simply a relationship existence,but an overall presentation of complex relationship.On the one hand,the formal institution excludes the informal one,squeezing the space for informal institutional practice and impacting local knowledge;on the other hand,informal institutional practice protects small-scale producers,maintains local knowledge and builds other trust systems that are different from those of the mainstream,making up consumer expectations that the formal system can not achieve.

Study on the Progress of Water Rights Management in Transitional Period and the Reform Ways——A Case Study of Shandong Province

LIU Fang,MIAO Wang,SUN Yue

Journal of Jishou University（Social Sciences）, 2018, 39(1): 95-103.

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This paper defines water rights as the ownership,use rights and administration rights of water resources.Water rights administration is a complete process,including water rights allocation,transaction,supervision,and compensation,water rights institution being the core of water rights administration.At present,there is a lack of systematic research on the whole process of water rights administration and systematic establishment of the water rights institution.During the period of economic reconstruction and institutional transition,water rights administration must give priority to institutional orientation,institutions of water rights recognition,of transfer and transaction,of supervision and administration,and of compensation incentive forming the most stringent water rights institutions.On the basis of the improved "conceptual model of water rights hierarchy",we further establish the framework of water rights administration reform with the most stringent water right system as the core,which provides a holistic approach and reform strategy for the administration of water rights in China during the transition period.

Evolution of the Relationship between the State and the Land-lost Peasants from the Perspective of Identification

WANG Liang

Journal of Jishou University（Social Sciences）, 2018, 39(1): 104-110.

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The identification of the land-lost peasants is a process of mutual construction between state construction and the self-reflective construction of the land-lost peasants.In the process of rapid urbanization in our country,the identification of the land-lost peasants generally undergoes three types.The evolution of these three types of identification reflects the evolution of two factors that affect the identification of the land-lost peasants,that is,the structural construction of the state and the self-reflective construction of the land-lost peasants.The evolution of the identification of the land-lost peasants also reflects the evolution of the relationship between the state and the peasants in our country.

Charging System for Farmers' Saving Seed from the view of Liability Rules

WAN Zhiqian,ZHANG Wenfei

Journal of Jishou University（Social Sciences）, 2018, 39(1): 111-117.

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The introduction of liability rules in charging system for farmers' saving seed is aimed at combining monopoly for intellectual property rights of new plant varieties with opening and sharing,to ensure legitimate rights and interests of breeders and reduce the cost of safeguarding rights,meanwhile,eliminate the risk of farmers' saving seed,promote breeding innovation and breed popularization.In view of decentralization of saved-seed farmers,seed intellectual property collective management organizations could charge fees instead of breeders.The subjects of duty for payment are saved-seed farmers,regardless of their identities,the purpose and number of saving seed,in order to avoid the problem of reasonable justification for farmers' saving seed.The standard of charge is based on the area and quantity of farmers' planting,and should be reasonably lower than the usual royalties.Specific operation has three main components including collection of charging for farmers' saving seed,assignment of charges and state improved varieties subsidy.

Consumerism and "World Literature"

CHEN Zhongyi,GAO Zhaocheng

Journal of Jishou University（Social Sciences）, 2018, 39(1): 118-123.

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Consumerism is the result of the combination between capital logic and technical rationality.But what is consumerism? Who determines world trend? Why does consumer consciousness become popular consciousness? And how do writers and theorists realize or resist the so-called "modernity" or "postmodernism" in their writing or thinking? To the large extent,the world is often the minority of so-called major powers and powers;to the smallest extent,"world literature" is also mainly the literature of a handful of Western powers and countries with comprehensive national strength.This is more or less reflected in the writing of almost all the history of world literature.Therefore,the reverse result of the world being equal to the people actually exists all along,but it has never been as clear and unquestionable as it is today,because the benefits are above all else in the globalization of transnational capital.In other words,nothing is out of capital.The profits pursued,the logic practiced,the values observed,and the groups represented by the chief dominants of global capital,and their de-nationalization and de-localization are irreconcilable with the traditional culture and beliefs of the weak or developing countries,forming a contradiction.

On the Organic Life of Literary Ontology

ZHAO Jianjun

Journal of Jishou University（Social Sciences）, 2018, 39(1): 124-132.

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Chinese and western literary theories have different opinions on the issue whether the life ontology of literature is the materialized form of literary existence or it is another life born under the materialized shell.The materialized form of literature can be described as the poetic language.In the pre-literary "infant period",the potential and the organic nature of poetry are implicitly collected.Without the "voice" of poetry,literature has nothing to rely upon.However,the poetic language is not the life of literature.Since the birth of the poem,images,emotions,events,pictures,bodies,etc.have appeared one after another with the help of language but tenaciously rejected the presence of language.The extremity is characterized by the fact that literature at the age of digitization has given little care to language,so what determines the foundation of literary life becomes the core issue of literature.This paper proposes that the ontology of literature appears as a complete sequence of life presented in poetic language.Before and after the poetic language presents the mystery of the presence and absence of poetry,and the life itself undergoes inherent variation along with the presentation of poetic language.The presence of words,ideas,divinations,images and the like vary inversely with the logical phase of the composition of literature,so that the literature in the digital age can ingeniously introduce the subsequent genesis of literature into a wide field of life,changing the way of poetic language bearing in traditional literature to stimulate the object.In this way,the complete life of the poetic language is also transformed from the gradual attenuation of the external materialized representation to the subject's congenial mutation and renewal.

Transformation Mechanism of Different Types of Intangible Cultural Heritage from the Perspective of Industrialization——Taking Xiangxi Tujia and Miao Autonomous Prefecture as an Example

LUO Aijing,XU Zehua,LIANG Chaocong,XIE Wenzhao,HU Dehua,OUYANG Wei

Journal of Jishou University（Social Sciences）, 2018, 39(1): 133-138.

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This article selected from Panhu and Xin female legend,Miao drum dance,Tujia waving dance,Mao Gu Si dance,Chen He high cavity,Miao Tiaohua,paper cutting (tiger chisel),Miao silver forging skills,Tujia Diaojiaolou To create the skills of nine national non-heritage projects to conduct research,found in the process of industrial transformation low level of culture,intellectual property protection awareness,most of the inheritance has been agingand so on many problems.This paper analyzes the reasons that affect the transformation of the non-project industry around the government,the enterprise，the market,the people and the inheritance.Five different types of intangible cultural heritage projects,such as folk literature,traditional dance,traditional drama,traditional art and traditional handicraft skills,are explored to explore different industrial transformation mechanisms,which is expected to provide reference for other different types of non-heritage projects in China.

On the Distribution of Topics and Foci in Mandarin wh-question:A Cartographic Solution

BAI Lan

Journal of Jishou University（Social Sciences）, 2018, 39(1): 139-144.

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The Cartographic Approach aims to study the functional phrase structures.The mandarin wh-questions distribute types of topics and foci.In left periphery,topics are classified as part-whole topic,hanging topic and left dislocated topic in which whole-part topic and hanging topic are defined as base-generated topic whereas left dislocated topic is considered as non-base-generated one.In mandarin wh-questions the foci are divided into two types:"SHI+ wh-in-situ phrase" and "SHI+ preposed wh-phrase".The type of "SHI+ wh-in-situ phrase" is base-generated focus where type of "SHI+ preposed wh-phrase" question is non-base-generated focus.More specifically,the syntactic position of topic is higher than focus,the base-generated topic is higher than non-base-generated topic and the position of non-base-generated focus is lower than base-generated focus.

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