Journal of Jishou University(Social Sciences Edition)

Patent Law as an Innovative Information System

LIANG Zhiwen

Journal of Jishou University（Social Sciences）, 2019, 40(1): 1-11.

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Patent system plays a role as a trusted information system,which is regarded as the guarantee of information reliability and reduces the transmission and transaction cost of inventive information.The innovative information whichthe pattern system intends to diffuse not only includes the technical information,but also the non-technical information related to technology.The non-technical information is also of great significance to the diffusion of technology,but its value is often neglected because people have a wrong understanding of the mechanism of how the patent system promotes the diffusion of technological information.The realization of diffusion of technical information of patent system should not only depends on the open and sufficient system,but also on the perfection of the system of right claim interpretation,tort relief,and right exception,etc.Therefore,the traditional concept of "patent disclosure" should be broadened.

Review of Distribution of Evidential Burden in China's Civil Action Against Monopoly：Taking Typical Cases as the Research Sample

LI Guohai

Journal of Jishou University（Social Sciences）, 2019, 40(1): 12-21.

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The success rate of the plaintiff is very low in civil action against monopoly in our country,and the basic reason lies in the difficulty of the plaintiff's proof.This is directly related to the distribution of burden of proof in China's anti-monopoly civil action.Since anti-monopoly civil litigation is special,the general law of distribution of burden of proof in civil litigation cannot be applied.Instead,the system of inversion of burden of proof should be implemented to distribute part of burden of proof,originally borne by the plaintiff,to the defendant."Anti-Monopoly Judicial Interpretation",issued by the Supreme people's Court,has given consideration to this,but it is still conservative and has limited effect on reducing the burden of proof of the plaintiff.In the two anti-monopoly cases of Qihoo company v.Tencent company and Ruibang Chung Wo co.,Ltd.v.Johnson & Johnson,it is shown that the burden of proof distributed to the plaintiff by our court in the anti-monopoly civil litigation is too heavy,which is not conducive to the realization of the goal of the anti-monopoly civil litigation.

Research on the Mechanism of Technological Progress in Promoting the Innovation of Administrative Culture：Based on the Perspective of Dissipative Structure Theory

YAN Jiahua,WANG Zhanghua

Journal of Jishou University（Social Sciences）, 2019, 40(1): 22-29.

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Technological progress is an important driving force for the innovation of administrative culture.From the perspective of dissipative structure theory,administrative culture is an open system,whose innovation can be regarded as a dissipative process of open energy exchange.Technological progress strengthens the dissipative structure attribute of the administrative culture system and triggers its non-linear function through the internal and external interaction of the forced transformation mechanism,the feedback adjustment mechanism and the energy transmission mechanism.The fluctuation of random factors inside and outside the system is induced,which promotes the administrative culture system to move to another stable state,thus forming a new orderly structure and realizing the innovation of administrative culture.

Research on the Driving Factors of Independent Innovation Capacity of Strategic Emerging Industries

ZHOU Zejiong,LU Miaomiao

Journal of Jishou University（Social Sciences）, 2019, 40(1): 30-38.

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At present,China's economy is in a key period to change the development mode,and it is urgent to cultivate the strategic emerging industries and improve their independent innovation ability.Based on the model of knowledge production function,market demand,government subsidies and the interaction between technology and enterprise innovation,this paper theoretically analyzes the internal and external driving factors of independent innovation capacity of strategic emerging industries.Building a dynamic panel econometric model and using the 2010-2016 data of China's strategic emerging industries,an empirical study is carried out on the topic.The results show that the research and design personnel,investment and market demand have a significant role in promoting independent innovation capacity,while the role of government subsidies is not obvious.Therefore,in order to enhance the independent innovation ability of strategic emerging industries in China,effective measures should be taken from increasing investment in R&D funds,focusing on the training and introduction of R&D talents,and insisting on market demand-oriented.

Disposal of the Contracted Land of the Relocated Farmers in Poverty Alleviation and the Influencing Factors：Based on the Survey of Relocated Farmers in Hunan Province

LI Hongmei,TIAN Songhe

Journal of Jishou University（Social Sciences）, 2019, 40(1): 39-48.

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Based on the survey data of 228 farmers in four major economic regions of Hunan Province,this paper probes into the disposal of the contracted land of the relocated poor households from other places.Using the disordered multivariate logistic model,regression analysis is carried out on the factors influencing the disposal of the contracted land of the relocated farms,including the characteristics of the head of household,family factors and social factors.The results show that:(1) the contracted land of the relocated farmers are still cultivated by themselves,accounting for 73.25% of the total.In addition,14.47% of rural households chose to transfer their land,and 12.28% abandoned their land;(2) the land of relocation,the economic area in which the farmers live,the education level,health status and marital status of the heads of household have significant positive effects on the choice of land circulation of the relocated farmers,and their satisfaction with the neighbors after relocation has a significant negative impact on their choice of land circulation;(3) the distance between homestead and cultivated land has a significant positive impact on their choice of land abandonment.However,the size of the contracted land,the proportion of agricultural income and the conditions of agricultural production facilities have a significant negative impact on the their choice of land abandonment.Based on the results of the study,suggestions are proposed to improve the service after the relocation,speed up the construction of rural infrastructure,and timely adjust agricultural land and other relevant policies.

On the Growth Performance Evaluation of New Agricultural Enterprises

JIANG Hui,YI Pinghui,YUAN Danqi

Journal of Jishou University（Social Sciences）, 2019, 40(1): 49-56.

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Facing the unknown huge market space created by agricultural development,a lot of new agricultural enterprises are emerging with an unprecedented trend.To a certain extent,this has injected strong impetus into China's economic revitalization and supply-side structural reform under the new economic normal.Due to the inborn "entry disadvantage" of the new enterprises,added with the weak character of agriculture,the survival rate of the new agricultural enterprises is generally low.From four aspects of financial performance,customer performance,internal management performance and social responsibility,this paper designs an evaluation index system of the growth performance of new agricultural enterprises,and determines the weight of the evaluation index system by analytic hierarchy process (AHP).An empirical study is carried out in three new agricultural enterprises.The results show that the market share,new product growth rate,accounts receivable turnover rate and total asset growth rate have a positive impact on the growth performance of new agricultural enterprises.

On the Endogenous Mechanism and Value of Micro-governance in Urban Community

CHEN Weidong,XIONG Xi

Journal of Jishou University（Social Sciences）, 2019, 40(1): 57-64.

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Community governance is the foundation and important part of social governance.In the course of concrete operation,there is a realistic dilemma of management and autonomy.Facing the diversified social structure and the heterogeneity of residents' needs,some urban communities have implemented "micro-governance",a practical innovation of social governance at the grass-roots level.By giving full play to the advantages of multiple cooperation,reducing unit,interest connection,and empowerment,"micro-governance" effectively makes up for the government deficiencies in social management and public services,realizing the refinement,differentiation,flatness and high efficiency of community governance and effectively promoting the participation and multi-governance of the urban community.

From Game to Co-governance:Multiple Synergetic Governance in Agricultural Supply-side Structural Reform:A Case Study in Xunlong River Ecological and Art Town

HUANG Jianhong

Journal of Jishou University（Social Sciences）, 2019, 40(1): 65-72.

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In the agricultural supply-side structural reform,with the optimization of agricultural management system,the leading enterprises of agricultural industrialization,farmers' cooperatives,family farms and other new agricultural business entities have risen rapidly,gradually forming a multi-center supply pattern of multi-stakeholders.By comparing the relationship between government,market,society and citizens in the theory of public administration governance,a case study in Xunlong River ecological and art town finds that on the basis of "meta-governance" in which the government is the core and leading factor of public governance,a "government plus" pattern could effectively promote rural revitalization and development.Under this multiple synergetic co-governance pattern,the grass-roots government acts as a platform,the multiple roles of market,society,and farmers are fully played,and other multiple forces are properly integrated.

Village Log and Scholar Tracking:Practice of Field Investigation on Artificial Forestry in Qingshuijiang River Basin

LUO Kanglong

Journal of Jishou University（Social Sciences）, 2019, 40(1): 73-80.

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Field investigation is the root of ethnology.The field investigation on the artificial forestry in Qingshui River basin proves that the "vision inside the cultural holder",based on the "village log and scholar tracking", and the "interactive laboratory",established between the investigator and the interviewee,is an effective way to track the special and complicated research environment and research object.It is in the field,which is the "interactive laboratory",that we are to understand the research object and the relevant cultural facts.

Inheritance and Development of Ethnic Culture under the Context of Modernity

AI Juhong

Journal of Jishou University（Social Sciences）, 2019, 40(1): 81-91.

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The globalization brought about by modernity connects the world and the place in a complicated way.In the process of modernity,along withcultural industrialization,the minority areas of our country not only have the trend of cultural homogenization,but also emphasize the heterogeneity and uniqueness of culture.Paradoxically,this emphasis on heterogeneity adopts a unified model,thus creating homogenization in cultural differences.At the same time,in the face of modernity,the reconstruction of self-culture and the re-examination and identification of self-identity are bound to strengthen the local identity and ethnic identity.Modernity is a pluralistic system.When ethnic culture is confronted with modernity,it not only needs to welcome the global culture and avoid tribalism,but also to adopt different coping modes according to the local uniqueness,so as to make the local discourse gain global significance.Thinking from the perspective of globalization and taking locality as the foundation of action,this is a feasible way for ethnic regions to inherit and develop their culture in the context of modernity.

Five Hermeneutic Styles of the History of Chinese Philosophy from the Vertical and Horizontal Dimensions

WANG Xiangqing,SHEN Kuan

Journal of Jishou University（Social Sciences）, 2019, 40(1): 92-98.

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From the vertical and the horizontal dimensions (respectively known as "Jing" and "Wei" in Chinese),the existing works on the history of Chinese philosophy present five hermeneutic styles.The first is to regard the times as the vertical and the theory as the horizontal,the second is to regard the school or theory as the vertical and the times as the horizontal,the third is to regard the academic gist as the vertical and the scholar as the horizontal,the fourth is to regard the theory as the vertical and the academic perspective as horizontal,and the fifth is to regard scholar as the vertical and the academic perspective as the horizontal.The hermeneutic style of taking the times as the vertical and the theory as the horizontal is a comparatively recognized one in today's academic circles.

Why Should the Law of Morality Be Like the Law of Nature?:On the Relationship between Morality and Knowledge in Kant's Philosophy

CHE Yuan

Journal of Jishou University（Social Sciences）, 2019, 40(1): 99-105.

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The path of Kant's reconstruction of metaphysics is to distinguish the field of knowledge from the field of practice through demarcation.In this way,metaphysical concepts such as God and soul,which are denied in the field of knowledge,are rebuilt in the field of morality.Therefore,theoretical rationality is inevitable,while practical rationality proves freedom.However,the two rationality are not unrelated,but the performance of the same rationality in different aspects.The rationalism foundation can be found in both epistemology and ethics,so Kant put forward the proposition that "the natural world is the model of the rational world" and "the moral law should be like the natural law".Kant's three critical systems are harmonious and coherent,and jointly construct a complete framework of rational edifice.

On the Basic Value Orientation of Contemporary Chinese Family Policy

LI Guimei,LIU An

Journal of Jishou University（Social Sciences）, 2019, 40(1): 106-112.

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Under the impact of industrialization,marketization and globalization,families are facing severe challenges,such as the weakening family functions,the increasing family responsibilities and risks,etc,which are in urgent need of policy support from the government.To this end,the value orientation of family policy must be adjusted and changed.The value orientation of family policy is the value foundation of family policy.It is developed around the relationship between the interests of the state and the family,the individual and the family,the male and the female,and reaches a balance among the state,market,society,family and individual.Analyzing the current situation and needs of Chinese family,the basic value orientation of Chinese family policy is to pay equal attention to government responsibility and family responsibility,family welfare and member welfare,women's rights and interests as well as men's rights and interests.

Intergenerational Exchange:the Essence and Challenges of Intergenerational Upbringing

ZHENG Jiaran

Journal of Jishou University（Social Sciences）, 2019, 40(1): 113-119.

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Intergenerational upbringing is a form of care that is now prevalent in urbanand rural families in China,where grandparents participate in or independently raise grandchildren.It can be divided into the four types of "partial transfer,better substitution","partial transfer,partial substitution","all transfer,partial substitution",and "all transfer,better substitution",according to the difference of the responsibility,length of time and role orientation of grandparents' involvement in raising grandchildren.Although there are many problems in intergenerational upbringing,it has realistic rationality and inevitability.It is an organic combination of the principle of rational reciprocity and altruism,including material service and psychological intergenerational inheritance and intergenerational exchange.This upbringing method promotes the mobility of the family population and strengthens the family intergenerational interaction,but at the same time it increases the role conflict and intergenerational contradiction of the family members,forming a new intergenerational relationship.To this end,it is necessary to abandon the theory of intergenerational exploitation or obligationism,strengthen the concepts of intergenerational interdependence,mutual benefit and win-win outcomes,give full play to the role of the government as a policy guide,actively integrate efforts to carry out extensive community care services,and enhance the social adaptation and social integration of grandparents.

The Geomoral Landscape in Shen Congwen's West Hunan Fiction

CHANG Shengtai

Journal of Jishou University（Social Sciences）, 2019, 40(1): 120-130.

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Shen Conwen's fiction as a whole presents a geomoral landscape built on the dual basis of the historical evolution of regional culture and the author's literary fictionalization.Within this metanarrative,systematic correspondence exists between topographical variations and cultural and moral changes:from tribal Miao culture up in the mountains in the west,to Han-Miao hybrid culture found in the hills and valleys,to Confucian feudal culture in the lower reaches of the Yuanjiang River valley occupied by the Han people,as elevation decreases,morality declines accordingly.Shen's contrast of Han and Miao cultures and the dichotomy he creates between the city and the countryside are shaped by this overall structure.Diachronically,West Hunan fiction inherits and regenerates the ancient geogenic tradition.Synchronically,Shen's work parallels Modernism in the West in the early 20th century and exhibits a literary taste and character markedly different from those of the mainstream of the New Literature of the May Fourth era.Overall,West Hunan fiction is characterized by the following features:synchronicity or spatialization of history,heterogeneity,inclusivity and extendibility,relative independence of individual works and interactions among various works,traditionality,and modernity (inclusive of modernism).Possessing unmistakable flavors of the geopolitics of regional culture,West Hunan fiction is also an important means by which Shen constructs his cultural identity.

On Shen Congwen's Artistic Thought of Human Ontology

HE Xiaoping

Journal of Jishou University（Social Sciences）, 2019, 40(1): 131-137.

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Shen Congwen's geo-expression includes local writing and modern urban writing.Behind his geo-expression,there are strong feelings of nation-state and human consciousness.With "human" consciousness and "human" vision,Shen Congwen has transcended the native Xiangxi consciousness and nation-state consciousness,starting to think about the whole life and survival circumstances of human beings.Shen Congwen's artistic thought of human ontology holds that aesthetics and art should take human beings as the starting point and the end point,persisting in guiding people to be good,constructing the beauty of human nature in order to achieve the ultimate goal of harmony of human beings as a whole.As the subject of artistic creation,artists should also adhere to human feelings,bearing historical responsibility and historical rationality,sticking to the concept of creating for human beings in loneliness.

On the Prediction of Tourist Volume Based on Network Search Index and EMD-ARIMA-BP Combination Model：A Case Study of Zhangjiajie

LU Lijun

Journal of Jishou University（Social Sciences）, 2019, 40(1): 138-150.

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Scientific prediction of tourist volume is helpful to perfect the early warning system of tourism security and optimize the allocation system of tourism resources.In order to further improve the accuracy of tourist volume prediction,a combination model of EMD-ARIMA-BP neural network based on web search index is proposed to explore the new rules of travel behavior of tourism consumers in the Internet age.The model firstly synthesizes the web search behavior data exponentially,using the EMD algorithm to deal with the noise of the visitor volume and the web search behavior data,combining the econometric prediction model and the BP neural network model to predict tourist volume.The empirical analysis takes the prediction of tourist volume in Zhangjiajie as an example.The results are as follows:(1) it is feasible to predict the travel behavior of tourism consumers by using web search behavior data,and real-time network data can greatly improve the timeliness of prediction;(2) after de-noising the data of tourist volume and web search behavior with EMD de-noising method,the prediction accuracy of tourist volume is improved to a great extent;(3) the prediction error based on the combination of network search index and EMD-ARIMA-BP neural network model is significantly lower than the three benchmark models of ARIMA time series,econometric prediction model and BP neural network.

On the Consistency between Socialist Core Values and the Rule of Law

ZENG Liyichen

Journal of Jishou University（Social Sciences）, 2019, 40(1): 151-160.

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The consistency between socialist core values and the rule of law is the prerequisite of integrating the socialist core values into the construction of rule of law in China.Logically,the core values of socialism and the rule of law both advocate the rule of law and pursue good administration and good governance,and they are structurally consistent.In terms of content,the core values of socialism and the rule of law are both concrete practices of Marxism in China,which have similar functions,mutually consistent structures,and mutually contained elements of value.In practice,they are closely related to each other,which can achieve positive interaction in all fields,links and parts.These characteristics determine that the core values of socialism and the construction of the rule of law have the possibility of mutual integration.

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