Journal of Jishou University(Social Sciences Edition)

Comparing Political Values in China and the West:What Can Be Learned and Why It Matters

Written by BEI Danning（Daniel A.Bell）,Translated by CUI Jiahui,WANG Shengzhang

Journal of Jishou University（Social Sciences）, 2018, 39(5): 1-10.

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Can Cultural and Creative Industries Help to Promote the Transformation of Economic Development Mode?Taking Hunan Province as an Example

XIONG Zhengde

Journal of Jishou University（Social Sciences）, 2018, 39(5): 37-44.

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This paper,based on the data of the development of cultural and creative industries and the transformation of the mode of economic development in Hunan Province from 2006 to 2015,adopting the methods of principal component analysis,regression analysis and C-D production function,makes an empirical study on the influence and contribution of cultural and creative industries on the transformation process of economic development mode.The results show that the development of cultural and creative industries has a significant positive impact on economic development and social development,that human capital has a significant positive impact on economic development and a significant negative impact on social development,and that human capital has a significant positive impact on economic development and a significant negative impact on social development.Cultural and creative industries can promote the transformation of economic development mode in the aspects of economic development,social development and environmental protection.

Empirical Analysison Security Evaluation of China's Cultural Industry Based on DEA Model

LI Menggang,JIA Meixia,LIU Xiaofei

Journal of Jishou University（Social Sciences）, 2018, 39(5): 45-54.

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Under the background of globalization,the development of cultural industry has become a strategic choice for a country to maintain its cultural sovereignty and ensure its cultural security.The security of cultural industry is the core content of cultural security.Based on the theory of industrial security,DEA model is used to evaluate the security situation of China's cultural industry from 2005 to 2016.The results show that China's cultural industry is generally in a safe state,but its stability is not enough.The reason is that the innovation policy of cultural industry security is somewhat blind,failing to properly guide practice;and that the international competitiveness of cultural industry is generally weak.Therefore,we should take effective policy measures to enhance the security of cultural industry in China.

Research on the Legal Issues Concerning Jurisdiction of Foreign Trademark Infringement in the Internet Era

XU Weigong,HAO Zeyu

Journal of Jishou University（Social Sciences）, 2018, 39(5): 55-61.

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The contradiction between the boundary of jurisdiction and the unbounded nature of the Internet challenges the traditional rules for determining the jurisdiction of foreign trademark infringement.The particularity of the Internet will inevitably shake the position of the principle of territoriality,and the application of the principle of the closest link can provide a new way of thinking for the determination of jurisdiction under the new economic model.At the same time,"trademark coexistence" and other complex and changeable acts of infringement should be treated reasonably.The special Internet has not been separated from the real life.It is necessary to judge the place of infringement on the basis of the general principles of international trademark jurisdiction,combined with specific cases.Also we cannot ignore the role of personal jurisdiction and exclusive jurisdiction in the infringement of trademark rights.It is important that we strive to balance the legitimate rights and interests of all parties on the premise of respecting state sovereignty and national conditions.

New Trends in International Marine Legislation and China's Countermeasures:from the Perspective of the International Agreement on Marine Biodiversity beyond the Limits of National Jurisdiction

WANG Xiufen,TAN Chang

Journal of Jishou University（Social Sciences）, 2018, 39(5): 62-68.

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The protection of biodiversity in the oceans requires a solid legal basis.However,the existing marine legislation,such as Convention on Biological Diversity,applies only to the conservation of biodiversity within national jurisdiction,and the international seabed regional regime in the United Nations Convention on the Law of the Sea is only for the use and protection of mineral resources.In this context,the International Agreement on Biological Diversity in Maritime Areas beyond the Limits of National Jurisdiction has emerged as a third implementing agreement of the United Nations Convention on the Law of the Sea and attracted international attention,which is bound to affect the distribution of resources in the sea areas beyond national jurisdiction in the future.As a leader ofthe developing countries,China should shoulder the responsibility of a great power in this situation and strive for more marine rights and interests while protecting marine ecology and biodiversity.

Interpretation of the Overall Jurisdiction under the Policy of "One Country,Two Systems":Also on the Relationship between the Overall Jurisdiction and the High Degree of Autonomy

DENG Li,DU Chengming

Journal of Jishou University（Social Sciences）, 2018, 39(5): 69-75.

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The overall jurisdiction is the power of the central government to exercise jurisdiction,rule and governance directly or indirectly over the residents and affairs of the Special Administrative Region in accordance with its sovereignty.Based on the norms of the Constitution and the two Basic Laws,it sums up the power relations between the Central Government and the Special Administrative Region in terms of internal sovereignty and external sovereignty,combing the legal attribute of "jurisdiction" and the political meaning of "governing power",having the legal basis,normative basis and constitutional need at the same time.In the context of "one country,two systems",the Central Government,in accordance with its sovereignty,has delegated to the Special Administrative Region (SAR) the power to exercise part of its governing power,thus forming a high degree of autonomy in the SAR,the overall jurisdiction being the source of it.

Analysis on the Research Path and Evolution Law of Domestic Environmental Governance Policy:A Literature Metrological Analysis Based on CNKI Papers

YE Juanli,HAN Ruibo,WANG Yaru

Journal of Jishou University（Social Sciences）, 2018, 39(5): 76-83.

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Environmental governance policy is a key dimension to the analysis and grasp of the process of environmental governance.In the past 40 years,a number of valuable achievements have emerged in the research of environmental governance policies in domestic academic circles.The evolution of environmental governance policy in China can be observed through literature metrology and its visualization method.It is found that with the help of clustering atlas of high frequency keywords,the research path of domestic environmental governance policy can be divided into two types:tool paradigm and process paradigm.And with the help of thematic time zone map,the evolution law of environmental governance policy in China can be summarized into three aspects:policy change synchronizing with the transformation of environmental governance model,policy evaluation synchronizing with the effectiveness of environmental governance,and the policy subject synchronizing with the environmental governance participation subject.At the same time,there are still some deficiencies in the current policy of environmental governance in our country,for example,paying too much attention to the choice of policy tools and avoiding the value of the policy itself,and the lack of supervision of the policy which leads to a large number of deviant behaviors in policy implementation.Therefore,the choice of scientific and reasonable environmental governance policy tools and the strengthening of environmental governance policy supervision should be the way to optimize the environmental governance policy system.

Adaption,Intervention and the Production of Urban Space:A Case Study of Transforming Village to Community in Wenling,Zhejiang

ZHANG Bingxuan,WANG Beixian,HUA Yijie

Journal of Jishou University（Social Sciences）, 2018, 39(5): 84-92.

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Based on the analysis framework of adaptation and intervention,this paper reveals the complex process of urban spatial production,analyzing the adaptability of farmers and the degree of government intervention in a case study.The production of urban space consists of the production of physical space and social space,which are intertwined with each other.The rescue intervention of the government tries to tame the space;however,the strong intervention of the government leads to the exclusive occupation of the urban space,which induces the peasants who are restrained in desire and emotion to take the deviant behavior,giving different meanings to urban space.The degree,mode and content of government intervention are changed,causing urban space production to be multidimensional and open.

The Legal Application and Operation Guarantee of the Mortgage of Rural Land Management Right:Centered on The Amendment to the Law of Rural Land Contract (Draft)

LI Changjian,LAN Xin

Journal of Jishou University（Social Sciences）, 2018, 39(5): 93-101.

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The Amendment to the Law of Rural Land Contract (Draft) has made a series of modifications to the legal relationship subject,the establishment and the realization of the mortgage of rural land management right.In the mortgage of land management right,the legal status of the "peasant household" and the joint possession between the members of the peasant household should be clearly defined,and the stability of the land contracting relationship should be maintained.The establishment of the mortgage right shall fellow the registration validity doctrine.Subrogation can be applied to protect the mortgagee,and the purging right can be used to protect the buyer of the mortgage in the case of the recirculation of the land management right.The legal application of the mortgage of rural land management right must be based on the property law,the security law,the law of rural land contract,land administration law and other departmental laws,and a perfect mortgage system for the rural land management right should be established to improve the corresponding operation guarantee system.

Internal Resource Integration,External Attention Competition and Rural Rejuvenation

GUO Zhen,LIU Fawei

Journal of Jishou University（Social Sciences）, 2018, 39(5): 102-108.

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The social relationship network is obviously instrumental,which not only integrates the internal resources,but also attracts attention from the government and market,playing a significant role in village rejuvenation.To realize rural revitalization,we should not only integrate the endogenous resources effectively by using the rural internal relationship network,but also obtain the attention of the external relationship network in the fierce market competition.The village elites with more structure holes become the key to the village rejuvenation.Under the leadership of the village elites,through the full combination of different networks,which is conducive to the mobilization and use of various resources,the internal and external relations of the rural network can achieve benign interaction,thus enabling the village to achieve sustainable development in the fierce market competition.

Evolutional and Governance of the New Generation of Migrant Workers' Wage Actions

RAN Guangxian

Journal of Jishou University（Social Sciences）, 2018, 39(5): 109-116.

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The new generation of migrant workers' wage rights protection shows the structural change of legitimacy support,from the gradual expansion of survival right to the development right.Their willingness to act and ways of defending their rights mainly depend on the situation of labor market occupation and the embedding of urban social relations.Due to the worrying situation of those temporarily employed,their helpless relief and the grey traps they have fallen in,their wage actions have become normal.It is the first choice for migrant workers to have a job and obtain a better income.At present,the institutional channel of rights relief is crowded and the potential cost is not low,so the convergent power of informal rural relationship network should not be underestimated.It is necessary that the flexible and stable long-term employment mechanism should be established,the multi-party litigation organizations participated by employers,migrant workers and the government be formed,and the system of labor laws and regulations be perfected to fill the gap.In this way,the adaptability and anti-risk capacity of the new generation of migrant workers in the city can be greatly improved.

The Development and Reflection of the "State-Society" Analysis Framework in Contemporary Peasants' Study

LI Xiangzhen

Journal of Jishou University（Social Sciences）, 2018, 39(5): 117-125.

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The "state-society" analysis framework,based on the perspectives of state-centered approach and conflict theory,lays an overall theoretical premise for discussing the relationship between state and peasants from the structure-institution path.Around this framework,many theoretical paradigms have been formed in the field of contemporary peasants' study,which have been very effective in explaining considerable social problems.However,they overemphasize the opposition between the state and society,neglecting the cooperation between the two,thus they are not conducive to a deeper understanding of the transition period of peasants and related social issues in China.Therefore，the study of contemporary peasantology needs to introduce a new analysis path to reflect on the existing "state-society" analysis framework and explore the new possibility of peasantology during the social transformation period of the new era.

Vision and Power:John Fiske's Theory of Visual Culture

ZHANG Hui

Journal of Jishou University（Social Sciences）, 2018, 39(5): 126-137.

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Fiske applies the theory of power struggle to the analysis of mass media such as television,surveillance cameras and MTV,reveals the dominance of authority ideology in these visual media,and explores the resistant power of mass reading in the post-modern situation.Analyzing the new form of social contradiction under the capitalist democratic system,Fiske seeks the revolutionary subject for the reform of the western society.His visual cultural theory has important political practical significance.

Pleasure Theory and the Reflection on It from the Perspective of Western Cultural Industry

LIN Tie

Journal of Jishou University（Social Sciences）, 2018, 39(5): 138-144.

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Behind the boom of western Pleasure Theory in the 20th century is the prosperity of cultural industry.With the cultural intervention in economic field,the arrival of the era of mass consumption,and the respect to emotion,culture is redefined;and the rational-perceptual aesthetic sense in western literary field is replaced by the pleasure in the culture-political-economic context.How to understand and deal with pleasure has become a core issue in western cultural industry.Since the beginning of psychoanalysis school,pleasure,as life experience,has been established as the source of power of capitalist cultural industry.As a way of social reproduction and economic strategy,pleasure has become the subjective force of consumers' expression of meaning,identity and political demands.What is worth reflecting is that the illusory nature of pleasure and the manipulation of pleasure by capitalist ideology are also the deep-seated chronic diseases accompanying the development of cultural industry.

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