Journal of Jishou University(Social Sciences Edition)

On the Logical Development of the Party Group System of the Communist Party of China

QIN Qianhong,HU Nan

Journal of Jishou University（Social Sciences）, 2020, 41(3): 1-8.

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The Party group system of the Communist Party of China is not only an important part of the Party's leadership system,but also an institutional force to promote the modernization of the national governance system and governance capacity.The Party group is an important carrier to exercise leadership over non-Party organizations.Through the integration and absorption of the Party group,the Party's centralized and unified leadership can be realized.In the "block governance structure" of the Party and government with Chinese characteristics,the Party group has realized the institutional advantage of "concentrating efforts to do great things",and also carries the hope of breaking bureaucracy.The leading Party group is an organizational form that correctly handles the relationship between the Party and the government,realizes being in power according to law,and transforms the Party's leading behavior into ruling behavior,so as to achieve the organic unity of adhering to the Party's leadership,the people being the masters of the country and running the country according to law.

Understanding the Basic Framework of “China's Educational Modernization toward 2035”

YANG Jiuquan

Journal of Jishou University（Social Sciences）, 2020, 41(3): 9-11.

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On China’s Construction of Strong Higher Education toward 2035: Centering on Capital Operation

HU Qinxiao

Journal of Jishou University（Social Sciences）, 2020, 41(3): 12-14.

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Toward 2035: A New Way to the Modernization of Regional Education

WANG Xiaofei

Journal of Jishou University（Social Sciences）, 2020, 41(3): 14-17.

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Toward 2035: Local Government’s Responsibility in Developing Vocational Education

WENG Weibin

Journal of Jishou University（Social Sciences）, 2020, 41(3): 17-19.

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Toward 2035: The Prospect and Promotion Path of the Endogenous Development of Education in Ethnic Areas

LI Xiang

Journal of Jishou University（Social Sciences）, 2020, 41(3): 20-22.

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On Ecological Damage Liability and Its Legal Approach

MEI Hong

Journal of Jishou University（Social Sciences）, 2020, 41(3): 24-36.

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The term "liability for environmental pollution and ecological damage" can be compatible with "tort liability for damage caused by environmental pollution and ecological destruction" and "liability for compensation for ecological damage".It lays the foundation of the basic civil law for the establishment and improvement of the environmental liability system in our country.The liability of ecological destruction has the nature of both public law and private law.Because of the particularity of the victimized object,the complexity of determining the responsibility,and the urgency and arduousness of undertaking the responsibility,it takes the liability of the nature of public law as the main content,and it is stipulated in the Civil Code with the help of the content of the "shell" of civil liability.It embodies the system innovation of Tort Liability in the Civil Code in the environmental era to accept the liability for ecological destruction.Its comprehensive legal approach also requires environmental law to establish preventive responsibility,regulatory responsibility and social responsibility for ecological destruction,so as to realize the connection and coordination between environmental law and civil law.

The Dual Coupling Structure of Environmental Pollution and Ecological Damage Liability—An Investigation Based on the Tort Liability of Civil Code (Draft)

CHEN Wei

Journal of Jishou University（Social Sciences）, 2020, 41(3): 37-47.

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In Chapter 7,"Liability for Environmental Pollution and Ecological Destruction" of the Civil Code (draft),two different types of tort liability are stipulated.The object of "causing damage to others" is the traditional personal or property (private) rights and interests regulated by the Tort Liability Law,while the object of "causing eco-environmental damage" is the ecological environment (public) rights and interests that have not been currently regulated.Therefore,the broad concept of environmental tort can be divided into ordinary environmental tort infringing on private rights and interests and ecological environmental tort infringing on public rights and interests.Whether it is ordinary environmental tort or ecological environmental tort,the behavior involves polluting the environment or destroying the ecology,so the same rules in form should be applied in the factors considered in the sharing of responsibility and punitive damages.Because the ordinary environmental tort and the ecological environmental tort are different in the nature of the rights and interests of the infringement and the ability of proof of the original defendant,there should be differences in the application of the principle of imputation,the burden of proof and the responsibility of the third party.In order to reasonably show the dual coupling structure of environmental pollution and ecological damage liability,there is room for adjustment in the order and text details of the seven provisions in Chapter 7 of the Tort Liability of Civil Code (draft).

The Imputation Principle of Damage Caused by Environmental Pollution:an Empirical Analysis Based on Judicial Adjudication

ZHANG Bao

Journal of Jishou University（Social Sciences）, 2020, 41(3): 48-56.

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Article 1229 of the Civil Code (Draft) provides the imputation principle of damage caused by environmental pollution.According to the previous popular theory and the judicial interpretation of the Supreme People's Court,all types of pollution torts should apply non-fault liability,and compliance defense is excluded.However,this unified viewpoint ignores the inherent differences in various pollution behaviors,as well as the resulting social and legal effects differences,so that no-fault liability can only be applied in some cases of pollution infringement such as noise,light and electromagnetic radiation.In order to maintain the stability and authority of the Code,a restrictive interpretation of "environmental pollution" in Article 1229 should be made to only cover the damages caused by the tangible pollutants.As a "legal fiction of pollution",energy emissions do not cause the pollution to the environment itself and therefore do not meet the applicable conditions of Article 1229,and should be treated as a general tort.At the same time,Article 294 should be treated as a declaration clause that has no substantive normative effect,so as to eliminate the possible competition between environmental pollution torts and adjacent pollution infringement.

The Relief of Ecological Environment Damage—Also on the Perfection of Article 1010 of the Tort Liability of Civil Code (Draft)

DING Lin

Journal of Jishou University（Social Sciences）, 2020, 41(3): 57-66.

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Article 1234 of the Tort Liability of the Civil Code stipulates the system of substitute repair of ecological environmental damage,which has the functions of implementing the "green principle",expanding the relief scope of environmental tort,and connecting with environmental public interest litigation.In essence,the ecological environment restoration system stipulated in this article introduces the public law system of environmental administrative performance into private law,and uses the subject of public law and public subject to protect the public interest of the environment,which reflects the public tendency of private law.However,there are still some problems in the ecological environment damage generation repair system,such as how to connect the public law power and the private law right,whether it is necessary to introduce the public law subject and the public subject,and how to avoid "giving up the right" and so on.Therefore,the eco-environmental damage repair system should retain the characteristics of relief private interests,be limited to the relief of eco-environmental damage co-existing with private interest damage,and improve it from two aspects:the expansion of the subject of relief and the sequential design of relief.

Historical Changes,a Country's Rise and Fall and Path of Development—The Path of Development of Socialism with Chinese Characteristics under the Three Millennium Changes

CAI Zhibing

Journal of Jishou University（Social Sciences）, 2020, 41(3): 67-76.

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Whenever the advanced development system begins to replace the backward one，the whole world will enter a major transformation stage. In China's five thousand years of development，two major historical changes have completely changed the track of China's historical development and profoundly affected the current development model in China. In the new era，China，as the object of the first two historical changes，has not only been the beneficiary of the advanced development system replacing the backward one，but also experienced the process of being impacted by the advanced development system as the subject of the backward development system. At present，the world is at the stage of the historical change of the third advanced development system and the backward development system. As the main body of the third major historical change，whether we can effectively understand，adapt and make use of the experiences and lessons of the previous two historical changes to build a systematic，scientific，feasible and leading socialist system with Chinese characteristics，will determine whether China can successfully become the main body of the advanced development system and realize the its national rejuvenation.

On the Deepening of the Reform of Government Institutions in Ethnic Autonomous Areas—Thoughts on the Exploration in Early Period after the Foundation of New China

CHEN Xudong

Journal of Jishou University（Social Sciences）, 2020, 41(3): 77-86.

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Governments in ethnic autonomous areas have carried out historic changes and systematic reshaping in the new round of institutional reform,but the optimization of top-level design and hierarchical docking mechanism,the refinement and integration of institutional settings,the coordination of operation and the improvement of efficiency are not yet fully in place.Looking back on the history of institutional reform,we may find that the early days of the founding of the People's Republic of China,as the stage of government top-level design and systematic construction,is one of the most effective historical periods for the construction of government institutions in ethnic autonomous areas.During this period,the construction of government institutions in ethnic autonomous areas emphasized the ethnic character of power allocation and personnel composition,gradually differentiated the establishment of institutions,and explored the balanced setting of government institutions under the unitary system and other historical experiences,which can provide useful reference for our further reform of government institutions.Deepening the reform of government institutions in ethnic autonomous areas at a new historical starting point should be guided by the thought of socialism with Chinese characteristics in the new era,reasonably absorbing historical nutrients,further deepening theoretical research and improving the legal system.We should clarify the special powers and ethnic functions,improve the top-level design and hierarchical docking mechanism,innovate the reform model,strengthen local participation,and effectively solve the reform problems.In this way,we can continue to deepen the self-construction of the government.

Research on the Impact of Facilities Connectivity on Trade Benefits alone the Belt and Road Countries

PENG Jizeng,WANG Yi

Journal of Jishou University（Social Sciences）, 2020, 41(3): 87-95.

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From the perspective of global value chain (GVC) participation,based on the value-added trade data of 40 countries along the "Belt and Road" and China in 2005-2015,a static panel fixed effect model is used to give an empirical analysis on the impact of transportation infrastructure and communication infrastructure on the trade interests of the countries along the "Belt and Road".It it found that strengthening the construction of transportation and communication infrastructure is conducive to increasing the domestic added value included in a country's exports and enhancing the country's trade interests.The research on the mechanism of action shows that both transportation infrastructure and communication infrastructure can promote trade benefits by reducing trade costs,and communication infrastructure can also have a positive impact on trade benefits by improving the time efficiency of trade.Therefore,countries along the "Belt and Road" should rely on facilities connectivity,strengthen their transportation and communications infrastructure,and take the initiative to participate in the international division of labor in order to achieve common development and prosperity.

Agglomeration Mechanism and Response Path of Tourism Industry in Wuling Mountain Area Based on Transportation Development

ZHANG Haiyan

Journal of Jishou University（Social Sciences）, 2020, 41(3): 96-103.

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Improvement of regional transportation is the basis and necessary condition of tourism industry agglomeration.Traditional economic geography and new economic geography and their integration provide a certain research paradigm for studying the relationship between regional transportation development and tourism industry agglomeration.So far six remarkable tourism industry agglomeration areas have been developed on the transportation network nodes in Wuling Mountain area,including Zhangjiajie,Huaihua,Fenghuang-Jishou-Yongshun,Enshi,Qianjiang-Wulong,and Tongren.This can be explained from the agglomeration mechanism and response path of tourism industry.First,development of regional transportation has an impact on the location and resource endowment as a source regional factor in the traditional economic geography analysis framework,resulting in the initial tourism industry agglomeration;then,the spatial-temporal distance and perceptual distance are further compressed,affecting money externalities,technological externalities and spatial costs in the new economic geography analysis framework and deeply improving regional tourism industry agglomeration.Relying on transportation hubs,we should build a dimensional and hierarchical transportation network in the future and carry out a unified,barrier-free,and traffic-oriented policy,so as to improve the quality and efficiency and realize sustainable development in tourism industry agglomeration.

Regional Economic Development and Language Competence Construction

LI Lin

Journal of Jishou University（Social Sciences）, 2020, 41(3): 104-111.

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As an important human capital,language competence affects technological progress by affecting the knowledge production of micro-individuals,which further affects regional economic growth under the framework of classic macro-economic theory.The construction of language competence is vital for regional economic development.The construction of language competence which is compatible with regional economic development is a complex task,and it is necessary to resolve the contradictions of unity and diversity,instrumentality and humanity,homogenization and de-homogenization.On this basis,the thesis focuses on promoting regional economic development,analyzing language policy,talent training,language industry,language services,and media language in order to achieve the endowment of factors that promote regional economic development,and build and improve language competence system for regional economic development.

The Impact of Rural Tourism Development on Food Security—Analysis of Threshold Panel Data Based on Main Grain Producing Areas

FANG Shimin,DAI Yucong

Journal of Jishou University（Social Sciences）, 2020, 41(3): 112-122.

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It is the primary responsibility of the economic and social development of the main grain production areas to ensure the national foodsecurity.In reality,the development of rural tourism has certain impact on the food security of the main grain producing areas.According to the theory of tourism crowding out effect,based on the panel data of the main grain producing areas in the past 10 years,and with the help of Hansen threshold effect model,this paper analyzes the nonlinear impact of rural tourism on food security.It is found that when the development level of rural tourism is low,it promotes the development of food security;when the development level of rural tourism is high,it has a negative impact on the level of food security;the provinces in the main grain producing areas are in different stages of tourism development,and the impact of rural tourism on food security is different.In order to ensure the national food security,the relevant provinces should face up to the non-linear effect of rural tourism on the level of food security in regional development planning and policy-making,and reasonably regulate the development scale and speed of rural tourism,so as to promote the coordinated development and maximization of interests of regional rural tourism and foodsecurity.

"Learning by Doing" Effect on the Internal Income Gap of Farmers—An Empirical Study on Fishermen and Non-fishermen in China

XIAO Huazhu,DENG Ling

Journal of Jishou University（Social Sciences）, 2020, 41(3): 123-131.

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The Fourth Plenary Session of the 19th CPC Central Committee clearly pointed out that changing the growth mode of farmers' income is the key in the field of agricultural economic construction in the future.At present,the squeezing effect suffered by the low-income farmers has led to the aggravation of the income differentiation of rural residents in our country,and the widening gap between high income and low income in rural areas and the uneven growth of farmers' operating income have become the major components of the "new agriculture,rural areas and farmers" problems.As an important concept in the classical economic growth model,"learning by doing" is the main content of the technological endogenous growth model.At present,there are significant internal differences in farmers' operating income in China,and the effect of "learning by doing" on agricultural operating income has become increasingly prominent.It is of great practical significance to study the mechanism of "learning by doing" effect on the formation of farmers' internal income gap.Based on the Cobb Douglas function model,the effect of "learning by doing" is embedded into the factor of human capital,and the income difference between fishermen and non-fishermen in China is decomposed through empirical research.It is concluded that the effect of "learning by doing" can significantly promote the income growth of fishermen and farmers.This paper puts forward some policy suggestions,emphasizing that the government should strengthen the training and guidance of agricultural production practice in order to enhance "learning by doing" effect in the growth of farmers' income,providing ideas for solving the problems such as the structural imbalance in the income growth of farmers and the widening gap between the rich and the poor.

Ethnic Relations of Marriage and Family in Multi-ethnic Villages from the Perspective of Ethnography—A Case Study in Zhengjiazhuang Village of Dali Prefecture

LI Ruoqing,YANG Gang

Journal of Jishou University（Social Sciences）, 2020, 41(3): 132-142.

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As the connotation of social relation,ethnic relation takes the existence of different ethnic groups as the premise of formation and development and the ethnic exchange as the link,relying on a certain geographical space as the field.Villages in a country are the basic nodes of the society,families being the basic units of these social nodes.As an important place for ethnic individual survival and development,family is an important field for the formation of ethnic relations and the basis for individuals and ethnic groups to extend the internal and external social space.The ethnographic method is used to investigate the ethnic relations of the marriage and family in Zhengjiazhuang Village of Dali,a village with seven ethnic groups.In theory,this is an effective attempt to approach the tool from the part to the whole.In practice,it can be used as a micro way to understand the pluralistic pattern of the Chinese nation and to think about the daily life path to shape the consciousness of the Chinese nation's community.

A Multi-dimensional Examination of the Cultural Implication of Drum Dance of the Miao Ethnic Group in Western Hunan Province

ZHANG Xia,LONG Xianqiong

Journal of Jishou University（Social Sciences）, 2020, 41(3): 143-150.

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Drum dance of the Miao people in western Hunan province,with drum,dance and performance in one,is the cultural product of the Miao people to adapt themselves to nature and social environment.This unique art is examined from the aspects of origin,change of carrier,and evolution of its content and form.The primitive ethnic spirit，ethnic survival wisdom，religious concepts，cultural meaning and artistic charm typically reveals the rich and profound cultural implication of the Miao ethnic group in western Hunan province.

Research on the Improvement of the Model for Measuring the Degree of Competition of Chinese Banks

GUAN Min

Journal of Jishou University（Social Sciences）, 2020, 41(3): 151-160.

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Based on the comparative analysis of the existing measurement models and indicators,and combined with the development trend of the continuous expansion of off-balance sheet assets,the continuous improvement of the level of comprehensive management and the increasingly obvious financial collectivization of Chinese commercial banks,this paper attempts to improves the estimation method of Boone index.An empirical study is conducted based on the operating data of 60 commercial banks from 2012 to 2018 to evaluate the impact of interest rate marketization on the competitiveness of commercial banks.The results show that the type of model will directly affect the estimated value of Boone index,and the estimated value based on dynamic panel data model is significantly different from that of random effect model and fixed effect model.With the passage of time,the asset scale does not increase with the improvement of efficiency;the Boone index shows a downward trend,and the competitiveness of the banking industry decreases year by year.After the interest rate marketization,the degree of banking competition has not increased,but decreased significantly.Institutional deregulation of interest rates can not completely reverse the current situation of lack of competition in the banking industry.We also need to expand the opening up of the banking industry,relax the access control of small and medium-sized banks,harden the soft budget constraints of local governments and state-owned enterprises,and further deepen the market-oriented reform of the banking industry.

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