Journal of Jishou University(Social Sciences Edition)

From Human Domain Contract to Natural Contract:Demonstration and Functional Expansion of the Legal Essence of Ecological Damage Compensation

LIU Hongyan, YANG Haizhou

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 1-16.

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Ecological damage compensation is one of the most important relief systems in the field of environmental protection in China,whose purpose,motivation,value and structure determine the basic bearing and complete explanation of the establishment of habitat subject and its rights.The system of compensation for ecological damage establishes the unique value of "habitat",independent right of existence and independent legal personality from the aspect of "human law" in human domain contract.It breaks the closed system of the theory of "human domain law" from the aspect of "interpersonal law" of natural contract,implants ethical value into the rules of environmental law,gets rid of the pursuit and expression of non-politicized and non-ethical rationalism in traditional "human domain law",and revives the tradition that "law should be ethical rather than instrumental" in Chinese legal system.It establishes the transformation of the legal value of legal interest protection from "human domain priority" to "interpersonal priority",enriches the concept of order and academic principles of environmental jurisprudence,and expands the boundaries of the "subject centralism" rule system of traditional human domain law.It provides a transcendent practical attempt and theoretical exploration for the transformation of China's environmental law from "subject mode protection" to "relationship mode protection" and the transformation of value function.

Identification of Private Interests and Division of Responsibility in Eco-environmental Damage

LIU Changxing

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 17-25.

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The eco-environmental damage compensation system has become an important part of the environmental legal system,but its specific rules are still being improved.Based on the public welfare protection goal of eco-environmental damage compensation,eco-environmental damage has been defined as public welfare damage in theory and institution.However,eco-environmental damage may include private interest damage,so it is necessary to distinguish the private interest elements that may be included in it,and to exclude the damage of private interests from the scope of the compensation.Based on the analysis of the relationship between the damage of ecological environment and public interest and private interest,the scope of damage compensation can be reasonably determined through identifying the damage of private interests by subject-specific and interest-specific standard.Furthermore,in the undertaking of the liability for ecological environmental damage restoration and compensation,it is also necessary to improve the procedure of defining the liability,and distinguish the liability for private interest compensation according to the criteria for determining private interests.Also,a dual structure of distinguishing the liability for ecological environmental damage compensation and liability for environmental tort should be formed through the connection and coordination of liability forms.

The Philosophical Implication and Practical Logic of "People-centered Development Thought"

YE Qin, XIAO Yingsheng

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 26-34.

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In the different periods of revolution,construction and reform in the century since its founding,Communist Party of China (CPC) has always adhered to the theoretical basis of Marxist historical materialism and carried out continuous maintenance and innovation in the light of China's specific practice.It takes the dominant position of the people as its consistent position,people's yearning for a better life as its goal,and its original aspiration and mission as its fundamental attribute,forming and perfecting the people-centered development thought in constantly dealing with practical problems.At the same time,the people-oriented consciousness in Chinese traditional culture has the positive factor of caring for the people.The people-centered development thought inherits the Chinese traditional people-centered consciousness,which is reflected in attaching importance to the interests of the people,to the rule of virtue,and to the rule of law.The people-centered development thought profoundly grasps the practical logic in the new era,and continues to develop the mass view of the CPC in the past.Being the latest achievement of Sinicization of Marxism,it provides new methodological guidance for actively responding to the changes of the principal contradictions in China's society in the new era,for deepening the supply-side structural reform,for targeted poverty-alleviation,for improving global governance,and for combating the COVID-19 pandemic.

How Is a "Better Life" Possible in the New Era—Interpretation Based on the Logical Context of Capital

CHEN Daowu

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 35-42.

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Building a "better life" in the new era is not only the good wish of the people,but also the subject of the times for the Chinese Communists to govern the country.In the context of globalization dominated by capital logic,how is a "better life" possible? This is the primary theoretical problem that needs to be solved.If we put this theoretical issue into the context of capital logic for academic examination,it is not difficult to find that there is a profound internal relationship between "better life" and capital logic.The crisis of modern social life caused by the global expansion of capital logic is the historical premise of the proposition of "better life";the life dimension of the self-sublation of capital logic provides realistic basis and dynamic support for "better life";and controlling the life return of capital logic is the way to realize "better life" in the new era.The analysis of the coupling relationship between "better life" and capital logic is helpful to clarify the dialectical tension between them,so it may lay a solid theoretical foundation for the construction of "better life" in the new era.

From "Multi-layered Regulation" to "Single Jurisdiction"?—A Review and Reflection on Interdepartmental Collaboration of Water Environment Governance

YAN Haina, LIU Zesen

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 43-56.

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As an innovative system of water environment governance with Chinese characteristics,the river chief system is a microcosm of the continuous development and improvement of China's water environment governance system.It promotes the inter-departmental collaborative governance of water environment through the collaborative design and operation of structure,procedure and technology,improving water environment governance from "multi-layered regulation" to "single jurisdiction".The river chief system realizes the effective integration and allocation of water control authority through structural coordination,ensures the flow of water control authority through the improvement of procedural coordination details,and provides "wisdom" for water control authority through technical coordination.However,this coordination model,which is highly dependent on authority and strong in political mobilization,inevitably leads to "heavy structural coordination","light procedural coordination",and "exclusion of technological rationality caused by rule by man" in practice.These problems will make us reflect deeply on the relationship between "clear division of responsibilities and inter-departmental collaborative governance","structural coordination and procedural coordination","technological empowerment and technological binding capacity" and so on.

How to Improve the Performance of Public Digital Culture Service Collaborative Governance?—Based on the Perspective of Resource Asymmetry Dependence and Control Rights Sharing

XIA Hongmei

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 57-65.

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Based on the theory of resource dependence and the theory of control rights,this paper takes the "culture has an appointment" project of Jiaxing City's public digital cultural service platform as the research object,and analyzes the deep logic of multi-collaborative governance under the Internet scenario through a case study.The study finds that the asymmetric dependence of resources in multi-collaboration leads to the loss of public value,and only realizes "the socialization of public service supply and production".The sharing of control rights reduces asymmetric dependence,realizes "the socialization of supply responsibility",promotes the exertion of multi-subject advantage resources,improves the quality of collaborative relations,and enhances collaboration performance.The sharing of control rights stems from the emergence of a window of political opportunity,and the innovative application of the Internet platform provides technical support for it.Therefore,the government should provide institutional space for multi-collaboration,make good use of Internet governance tools to build a collaborative network ecosystem,and non-governmental entities must actively assume social responsibilities,etc.,to achieve the improvement of collaborative governance performance.

A Literature Review on Ambidextrous Learning Relationship,Balance and Its Performance

CAO Xing, JIN Yanxi

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 66-77.

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As an effective way for enterprise knowledge acquisition and innovation,ambidextrous learning plays a key role in enhancing the competitiveness and promoting the sustainable development of enterprises.This paper reviews the studies on ambidextrous learning and emphatically makes a systematic analysis of ambidextrous learning from four aspects,including the connotation and relationship,ways of balance realization,the influencing factors,and the performance.On this basis,the paper puts forward the notion that the existing studies remain to be further expanded and enriched on the aspects of research levels,dimensions,perspectives and methods.The future research directions of this topic are also presented:carrying out multi-level and cross-level ambidextrous learning study and strengthening the combination of different theoretical perspectives and the integration of relevant research results in various fields to further reveal the uniqueness of the connotation and relationship of ambidextrous learning;deeply exploring the interaction and mechanism of action among different factors that affect the balance of ambidextrous learning from dynamic research perspective and increasing the importance of situational factors to further discuss the paths to realize the balance of ambidextrous learning;expanding the dimension of organizational performance and conducting contingency factor study about the impact of ambidextrous learning on organizational performance to analyze the difference of the impact on different performance under different conditions.

Will the Proportion of Female Executives Affect Accounting Conservatism?—Test of Intermediary Effect Based on Corporate Social Responsibility Information Disclosure

ZHOU Xinjun, ZHANG Lanlan

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 78-87.

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Executive gender plays an important role in corporate social information disclosure and accounting behavior.Based on the relevant data of corporate social responsibility information of Shenzhen and Shanghai A-share listed companies from 2013 to 2018,this paper studies the relationship between senior executives' gender characteristics,corporate social responsibility information disclosure and corporate accounting conservatism of listed companies in China.The results show that companies with a higher proportion of female executives have higher accounting conservatism and are more inclined to increase the disclosure of social responsibility information.In the theoretical analysis,it is confirmed that corporate social responsibility information disclosure plays an intermediary role in the relationship between the proportion of female executives and accounting conservatism.Further research found that in companies that disclose social responsibility information,female executives can make higher quality of social responsibility disclosure.Social responsibility information disclosure in both the state-owned enterprises and private enterprises has a significant positive impact on accounting conservatism,despite the differences between them.Therefore,it is necessary to improve the conservatism of accounting,improve the corporate governance mechanism,and promote the healthy development of the capital market.On the one hand,government regulators need to improve the information disclosure system;on the other hand,enterprises should give full play to the advantages of female executives and establish a scientific and sound talent selection and appointment mechanism.

On the Truth of Cases under the Mode of Litigation Cooperation：The Promotion of the Consensual Truth

LI Rong, HUANG Xiaolong

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 88-95.

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The Criminal Procedure Law of 2018 stipulates the lenient system of pleading guilty and accepting punishment,which marks the formal establishment of the mode of litigation cooperation in our country.Different from the traditionaladversarial litigation,under the cooperative litigation mode,the prosecution and defense change from confrontation to cooperation.With the procuratorial organs leading the procedure of pleading guilty and punishment,the focus of litigation shifts from the trial stage to the examination and prosecution stage.The agreement between the prosecution and the defense weakens the court investigation,so the court trial becomes a "confirmation trial",and the truth of the case is more reflected in the "acceptability" of the prosecution and defense,that is,the consensual truth.The concept of consensual and true litigation contains the subject concept of the defendant,embodies the pursuit of the values of the times of judicial efficiency,judicial authority and negotiated justice,and has a legitimate basis.In response to the reform of the dual litigation procedure of confrontation and cooperation,the concept of litigation truth will also change from the traditional unitary view of substantive reality to the dual view of reality with the coexistence of substantive truth and consensual truth.

Ternary Governance of Data Transaction Circulation:Technology,Standard and Law

XU Ke

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 96-105.

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The circulation of data transaction is related to the overall situation of the cultivation of data factor market.However,its legal implication is not clear;the chronic illness of practice needs to be sorted out,and the whole system is also lacking.As a voluntary transfer and sharing of data control between two or more parties,data transaction circulation is mainly embodied in "data sharing" and "data reuse",rather than "data transfer".Empirical studies in various countries show that the circulation of data transactions is faced with three major dilemmas:technology,standards and law.Therefore,the technology as the priority mechanism,the standard as the referral mechanism and the law as the bottom-line mechanism together constitute the ternary governance system to respond to the challenge,and thus they establish the infrastructure of data governance in the data factor market.

Innovation of Women's Disaster Social Work Based on the Whole Life Cycle

ZHOU Limin, ZHAO Tianqi

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 106-114.

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Disasters have the greatest impact on women,who need social workers to provide professional services.However,at present,the services provided by social workers are rare and concentrated in the stage of post-disaster reconstruction,which greatly weakens the characteristics of professional "helping others".The women's disaster social work model based on the whole life cycle is a dynamic and balanced service process in the whole process.As far as the "whole life-whole process" is concerned,the current disaster social work lacks meticulous services for women's whole life and whole process.In terms of "feminism-gender equality",social workers need to play an active role in gender inequality and feminist activities,which is also an important indicator of service effectiveness.As far as "crisis-turning point" is concerned,women have to face loss of livelihood opportunities,lack of relief resources,sexual harassment,sexual violence and social exclusion during disasters,but feminism and feminism may also receive more attention.As far as "psycho-community" is concerned,social workers need to awaken women's collective consciousness from the community level,which is an indispensable service method for resource-deficient countries and regions to deal with disasters.In terms of "vulnerability-resilience",disasters have increased the vulnerability of women's groups,and resilience has the potential to offset the vulnerability of women's groups.Although this theoretical model still has some limitations,such as overlapping concepts,broad connotation,complex operation and multidisciplinary dilemma,there is no doubt that it provides new theoretical support,paradigm integration and practical inspiration for disaster social work.

Policy Optimization and Accurate Service Strategy for Children in Need in China:Cultural Sensitivity and Needs Satisfaction

FENG Yuan

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 115-124.

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Children are naturally vulnerable and dependent,so they need the care,protection and welfare protection of adult society.In the past decade,China has issued a series of life security and care and protection policies for a large number of children inneed such as loss of dependence,disability,serious illness,vagrancy,poverty,abuse and lack of guardianship in the process of social transformation,attempting to build an appropriate universal child welfare system to promote the well-being and development of children.However,due to the influence of such factors as the insufficient allocation of professionals,the weak guidance of professional theory and the inertia of administrative thinking of grass-roots staff,there is a lack of cultural sensitivity at the level of policies and services for children in distress.These problems are manifested in paying attention to the identification of the object's qualification，to the construction of children's work network,to monetized assistance,and to active short-term services,but not enough attention to the differences in the internal needs of the object,to the efficiency of welfare delivery,to professional services,and to the whole life cycle service.Under the guidance of the theory of cultural sensitivity and needs,we should take measures such as the renewal of service concepts,the optimization of welfare system,the allocation of professionals,the integration of multiple subjects,and the supply of holistic services to explore innovative strategies and paths for policy optimization and accurate services for children in need,and build a child welfare system with Chinese characteristics.

Logic of Institutional Change in the Improvement of University Governance Efficiency—Comment on Legal Theory and Academic Theory:A Study on the Governance of Academic Misconduct in Universities

MA Huanling

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 125-134.

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It is the basic principle for Chinese universities to achieve goodgovernance to better transform institutional advantages into governance efficiency.The effectiveness of university governance is greatly reduced by the crisis of the legitimacy of system design,the path dependence of system development and the action dilemma caused by the imbalance of structure and function of system practice.In order to restore the university governance ecology and improve the governance efficiency,we should return to the academic organization attribute of the university through the precise orientation of the role of the interest subject and the scientific reconstruction of the cognitive schema.We should practice the historical logic,rational logic and rule of law logic of institutional change by establishing and perfecting an institutional system that conforms to laws and regulations and embodies its own characteristics."Coercive" and "induced" institutional changes should be integrated through top-level design and benefit incentives.

The Exploration of the Sinicization of Marxist Ethnic Theory by the Communist Party of China during the Long March and Its Value

LIU Lu

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 135-144.

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During the Long March,the Communist Party of China (CPC) for the first time combined Marxist ethnic theory with China's national conditions and the specific reality of ethnic problems,practically formulating and practicing a series of ethnic policies,such as ethnic equality and unity,protection of religious rights,adjustment of the united front objects,training of ethnic cadres,restoration and development of economy and people's livelihood,etc.,which opened a preliminary exploration of the Sinicization of Marxist ethnic theory of CPC.This process promoted the Party's ethnic theories and policies from "dogmatism" to "seeking truth from facts",and realized the transformation of Marxist ethnic theory from "copying" to "combining with Chinese reality".Based on the interpretation of the principle of dialectical unity of struggle and identity of Marxist class relations,the CPC timely adjusted the object of the united front policy and followed the principle of unity and struggle to unite with the upper echelons of nationalities and religions,showing the truth of Marxist materialist dialectics.The Long March deepened the Party and the Red Army's understanding of the domestic ethnic minorities and prompted the CPC to sublimate from perceptual to rational understanding of the national conditions of unifying a multi-ethnic country.

The Rhetorical Logic and Aesthetic Value Paradox of "Better Life" of Tik Tok—A Cultural Semiotic Analysis

GE Ruiying

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 145-151.

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Short videos are popular for their flexible forms."Better" in Tik Tok's advertising slogan can long stay in the aesthetic safety zone,because it is neither too serious nor too jocular.Also,it can dilute taste.The infinitely extended aesthetic framework of "better" makes its content very flexible,causing difficulty for the audience to characterize Tik Tok in terms of elegance and vulgarity,thus Tik Tok has obtained both social,cultural and economic benefits through this strategy.On the text level,Tik Tok combines the extremely pleasant sounds of humanvoice and rhythm with the corresponding scenes,images,texts and comments to form a synesthetic tone-setting medium,quietly changing the way we know and understand reality.Tik Tok,which belongs to the economic field,under the guidance of the pleasure principle of "beautiful surprise",avoids the high aesthetic investment and keeps the mental operation of the audience in a state of minimum energy.With "curious eyes",it completes the instant digestion of "better life".

The Decline and Boost of the Public Character of Contemporary University Teachers in China

XING Xiaojing

Journal of Jishou University(Social Sciences Edition), 2022, 43(1): 152-160.

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University teachers' public character is very important to themselves and to social affairs.It is based on the spirit of adhering to the bottom line of academic career,with the responsibility of protecting social conscience as the core feature,and the caring quality of serving the public interest as the ultimate goal.At present,university teachers' public character is faced with many difficulties,such as academic persistence,lack of social conscience and the weakening of public care.In order to break through this dilemma and boost the public character of university teachers,it is necessary for the government,universities and university teachers at different levels to perform their respective responsibilities and cooperate with each other,that is,government should focus on stimulating the public care consciousness of university teachers,promoting intellectuals to the social foreground,and paying attention to the responsibility ethics of university teachers;universities should adhere to the spiritual persistence and flexible management;and university teachers should be committed to promoting the spiritual realm,adhering to the purport of research and continuing the ideological tradition of the original.

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