Journal of Jishou University(Social Sciences Edition)

On the Persons Involved in the Law Case and Their Rights Protection by the Law on Supervision

QIN Qianhong, LI Shihao

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 1-11.

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Under the background of deepening the reform of discipline inspection and supervision system,the Law on Supervision stipulates the special concept of persons involved in the law case.In practice,the supervisory organs and supervisors are confused about the concept of the persons involved in the case,and the Law on Supervision does not have any provision to clearly define the concept of the persons involved.Through the investigation and summary of the Law on Supervision and the Regulations on the Implementation of the Law on Supervision,the broad type characteristics of the persons involved in the normative system of the Law on Supervision can be abstracted,that is,they are involved in the crimes committed by public officials under the jurisdiction of the supervisory organs,related to the main case.Within the scope of the meaning of the persons involved in the case in a broad sense,from the point of view of the protection of human rights,the persons involved should be clearly defined as those who are related to the main case and are suspected of bribery,introduction of bribery or joint duty crimes.The provisions of the persons involved in the norms of the Law on Supervision that conflict with the above definition should be amended in the subsequent legislation in order to maintain the unity of the legal system.Under the premise of punishing corruption,in order to protect the legal rights of the persons involved in the case,we should do a good job in the understanding and application of the lenient system of pleading guilty to punishment.In the supervision procedure,the right of lawyer assistance is given to the persons involved in the case,and the legal assistance system of public lawyers is established.When applying monitoring measures to the persons involved in the case,they must strictly abide by the law and comply with the principle of proportionality.In addition,the qualified persons involved in the case should be transformed into "tainted witnesses" through the construction of the system,and exemptions should be provided for them to testify.

On the Discipline Construction of the Study of Discipline Inspection and Supervision

TA Na

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 12-21.

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Based on the holistic nature of the reform of the discipline inspection and supervision system of the Party and the state,the common theoretical basis of discipline inspection and supervision activities,and the integration at the practical level,discipline inspection and supervision should not be separated,and thus the disciplinary system needs to be constructed by transitioning fromthe study of supervision law to the study of discipline inspection and supervision.The study of discipline inspection and supervision has strong interdisciplinary and outstanding application characteristics,so the construction of disciplinary system should integrate law,Marxist theory,political science and other related disciplines,so as to form the basic theory unique to the discipline inspection and supervision field.The construction of Party style and clean government and anti-corruption work are based on the existing discipline inspection and supervision systems and policies,and by far,should be based on discipline inspection and supervision of Party regulations and national laws.With this regard,four types of discipline contents,i.e.,the basic theory,system,policy,and laws and regulations of discipline inspection and supervision,can be formed.The study of basic theory guides the work as a whole,and reveals the common theoretical principles of discipline inspection and national supervision;the study of system focuses on the basic problems such as the institution setting,the leadership system and the internal organization structure;the study of policy solve the policy and strategy problems;and the study of law and regulations emphasizes the legalization and standardization of discipline inspection and supervision work,involving the standardized handling of supervision and inspection,and cases of disciplinary violations,job violations,and job crimes,achieving the goal of discipline and law coherence and the convergence of legal laws.The classification of the discipline system can reflect the Chinese characteristics of discipline construction,as well as meet the needs of discipline inspection and supervision work,and is a discipline system construction path combining theory and practice.

Standardization of Rural Governance:Theoretical Logic,System Framework and Realization Approaches

HENG Xia, ZHAI Boling

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 22-28.

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As a kind of institutional supply,the standardization of rural governance contributes to the clear expression of the intention of national governance and the maximization of social welfare.The rural governance standards issued by governments at all levels and third-party institutions are rapidly increasing,giving full play to the "soft law" function of standards.However,the dispersion and fragmentation of the standards have led to the decline of modern functions of governance technology.Although the academic circles have studied the value,connotation and approaches of rural governance standardization,there is no systematic thinking on why it is possible and why it can be done at the theoretical level.With this regard,it is necessary to build an institutional framework for the standardization of rural governance based on the incentive and constraint mechanism of regulation theory,aiming at the path driven by system,subject and technology,and conduct a rational test with the help of governance practice.In order to realize and promote the dynamic application of the framework of rural governance standardization,we should ensure the coordination between the Party and the government,the coexistence between tradition and modernity,and the unification of norms and flexibility.

Multi-dimensional Structure of the Quality Standard System of Modern Urban Community Governance—An Exploratory Study Based on Categorization Analysis

WU Zijing

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 29-39.

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By using the exploratory research method of categorization analysis,this paper makes a coding analysis of the qualitative data of 36 communities in 10 cities in China based on in-depth interviews,which fully reveals the multi-dimensional structure and interactive mechanism of the quality standard system of modern urban community governance.It is found that the quality standard system of modern urban community governance contains three core dimensions:the core dimension of the "five-in-one" multi-actor co-governance,the core dimension of the conditional elements of the full organic combination of "hardware and software",and the core dimension of the result elements focusing on the perception and evaluation of residents' overall satisfaction.The internal structure of the core dimension of the modern urban community governance quality standard system is relatively stable,showing a three-dimensional chain conduction structure interaction relationship of "subject-condition-result".However,the different elements constituting the core dimension are not fixed arrangement and combination,but show the time-varying characteristics of highly complex nonlinear dynamic matching.This proves that the modern urban community governance quality standard system is "stable while changing".

Soft Power of Resilient Cities:Connotation System,Realistic Situation and Enhancement Path

TAN Shuang, ZHANG Xiaotong

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 40-51.

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Integrating the hard power and soft power of risk prevention and resolution to enhance urban resilience is a strategic choice to achieve urban safety and sustainable development.The soft power of a resilient city can be divided into four major elements:psychological resilience,social resilience,management resilience and cultural resilience.In the critical life cycle,soft power also has different connotations with respect to the four different objectives of "perception and preparation" during the latency period,"response and rebound" during the outbreak period,"adaptation and coexistence" during the continuation period,and "change and enhancement" during the healing period.At the present stage,the soft power of resilient cities in China has shortcomings in all the four stages of the critical life cycle,so it is necessary to build a "triangle model" including concept,subject and mechanism.In order to effectively enhance soft power,we should adhere to the combination of the hard and soft,part and whole,cooperation and coexistence,and routine training and urgent response,bringing together the efforts of the government,NGO,enterprises and citizens,adapting two-dimensional cooperation,embedded education,guided communication,balanced evaluation and other strategies.

Community Resilience:Structural Tension and Adaptation in Community Risk Governance

ZHAO Shiyu

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 52-65.

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In the face of the disturbance and impact of modern social risks,improving community resi-lience is an important path choice for community risk governance reform,and it is also the meaning of promoting the modernization of grass-roots governance in the new era.Different from the understanding of resilience in the Western discourse system,which advocates reducing government intervention and unilaterally emphasizes the responsibility of community and individual governance,community resilience in China's governance environment is generated by the policy resource network centered on streets and neighborhood committees and the interaction of risk governance among various stake-holders,that is,the risk resistance of community governance structure is the key to the formation of community resilience.At the current stage,Chinese communities are highly dependent on means of risk governance such as vertical administrative resource absorption,emergency backstop of neighborhood committees,and strong political mobilization,and the community governance structure has long presented internal tensions such as "resource allocation internal","subject participation differential" and "governance system mutual exclusion",which frequently lead to the governance dilemma of risk sharing failure and lack of community resilience.In view of this,it is urgent to take measures such as promoting scientific redundancy,building a collaborative governance pattern,improving the linkage disposal mechanism,and consolidating the foundation of resilience culture as a response,so as to promote the structural adjustment and functional optimization of communities under risk situations.In this way,we can effectively resolve the inherent tension in the community governance structure and systematically improve the resilience level of communities.

Legal Analysis on the Issuing Contract of Land by the Villagers' Committee on Behalf of the Group Collective Economic Organization—On the Amendment of Article 65,Paragraph 1 of the Rural Collective Economic Organization Law (Draft)

QU Maohui, LI Shuai

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 66-74.

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The issuance of land contract by the villagers' committee on behalf of the group collective economic organization has triggered some lawsuits about the dispute of land ownership and the validity of exchange contract for the contracted land，which has damaged the land contracting order.The current law shows that the group collective economic organization is an independent legal person,and enjoys the right to issue contract of land based on the exercise of land ownership.The villagers' group can enjoy the agent right to issue contract of land only when the daily management organization of the group collective economic organization is not sound,while the villagers' committee has no right to issue contract of land on behalf of the group collective economic organization.The key to solving the above problems is to clarify the subject of the group collective land ownership.It is suggested that the land ownership should be classified on the basis of obtaining evidence,that is,if the land has not appreciated substantially or there is a small conflict of interest,it will be resolved by collective economic organizations through consultation,and if it has appreciated substantially,it will be settled by the litigation of the parties concerned.If a substantial appreciation is possible,it will be resolved by the meeting of group collective economic organizations.Article 65 of the Rural Collective Economic Organization Law (Draft) should clarify and standardize the concepts and definitions of the rural collective economic organization，the right to issue contract and the agent right to issue contract，and specify their requirements and applicable conditions.It is necessary to distinguish between the right to issue contract of the rural collective economic organization and the agent right to issue contract of the autonomous organization for rural grassroots，and further differentiate between the agent right to issue contract of the villagers' group and the villagers' committee.

The Application of International Human Rights Law in Marine Disputes:Logical Rationale,Institutional Dilemma and Path Completion

XU Panyu

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 76-88.

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The diversified development of international marine affairs has increasingly highlighted the importance of international human rights protection at the sea.The close relationship between the law of the sea and international human rights protection is not only reflected in the normative expression of legal documents,but also in the settlement of marine disputes involving the application of international human rights law.Based on the value orientation of anti-fragmentation of international law,the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and the interpretative rules of international treaties,the application of international human rights law in marine disputes can be logically self-consistent.However,the complexity of international human rights law,the vagueness of the provisions of the UNCLOS and the technical defects of treaty interpretation tools have brought many obstacles to the application of international human rights law in marine disputes.In order to ensure the effective application of international human rights law in marine disputes,it is necessary to clarify the specific connotation of the applicable human rights norms and the legal effect of the provisions of UNCLOS,and improve the interpretation method of "systematic integration" under the premise of "genuine link" and "state consent".Through effective settlement of marine disputes,we can achieve the ultimate goal of human rights protection at sea.

The Vulnerability Diagnosis of Disaster-prone Rural Households and Risk Governance of Relapse into Poverty in Poverty-alleviated Ethnic Minority Regions—A Case Study of M Miao Autonomous County in Southwest China

SHAO Kan

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 89-99.

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The frequent occurrence of natural disasters in ethnic minority regions that have been lifted out of poverty has become a major task for poverty alleviation and rural revitalization in the new era.Natural disasters under the influence of multiple factors such as meteorology,geology,topography and human activities generally lead to a high risk of relapse into poverty for disaster-prone rural households.The root of their vulnerability lies in the shortage and incomplete of coping capital stock composed of natural capital,public capital,physical capital,human capital,social capital and financial capital.Under the historical trend of the transition to resilient governance,the governance of disasters and relapse into poverty should return to people-oriented paradigm.Through the system design and process reengineering,we can cultivate and build "resilient small farmers" and "resilient villages",comprehensively and continuously improve the stock of disaster capital and structured disaster response capacity of disaster-prone farmers,so as to fundamentally curb the problem of relapse into poverty.

Can Three Auditor Signatures Restrain Corporate Violations?—An Empirical Analysis of A-Share Listed Companies during 2010-2019

LI Ying, LIANG Rixin

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 100-112.

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Using the signature data of three auditors,this paper examines the economic consequences of the signatures of three auditors from the perspective of enterprise violations.It is found that the signatures of three auditors significantly suppressed corporate violations,and the above results are still valid after controlling possible endogenous problems.The inhibitory effect of the signatures of the three auditors on enterprise violations is more significant in the enterprises with lower auditor industry exper-tise and higher agency costs,but there is no significant difference in the enterprises with different pro-perty rights.The function path test finds that the signatures of the three auditors suppress the violations of the enterprise by improving the quality of internal control.The economic consequence test finds that the signatures of the three auditors suppress the violation of the enterprise,but increase the audit cost in the future period.The research conclusion expands the research perspective of auditor behavior characteristics,contributes to a comprehensive understanding of the economic consequences of the signature of the three auditors,and also provides a new idea and reference for how to effectively restrain enterprise violations.

Humanistic Reflections on Human Genome Editing and the Fission of "Human Nature"

TAO Yingshi

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 113-121.

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Instead of an ordinary thing,the human genome has a fundamental difference with other biological genomes,which is the basis to determine human beings.The human genome generates and determines human nature,and its structural variation will lead to changes in human phenotype and functional state,and human nature will also be changed.Human genome editing takes human's "natural body" as the object of transformation,which opens the important turn of human life from "natural evolution" to "artificial evolution".This shift reshapes the biological matrix,social base and cornerstone of human civilization and at the same time profoundly fissions the biological,social nature of human beings and the nature of human civilization,and even makes the nature of human beings no longer exist.The fission of "human nature" may bring a series of challenges:it will lead to irreversible "genetic potential difference",from which the inequality of human social strata will become more solidified and extreme;and by destroying the human autonomy and its forming conditions,human beings will never be able to become independent authors of their own lives.As much as it has the ability to produce the utility of good,it has the ability to produce evil consequences,forming an insurmountable "contradiction between good and evil",blurring the boundary between "human" and "non-human" and making it necessary for human beings to give a new answer to the division basis of "self" and "other".If the fission of human nature breaks through a certain "threshold" or "critical point" and rises to the difference at the species level,human beings will be replaced by the "other" edited by himself,and inevitably move towards "termination" and "extinction".

The Philosophical Interpretation of Early China's Choice of Socialist Path—Li Da's Exploration Based on Historical Materialism

HE Hai

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 122-129.

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Li Da applied historical materialism,such as the theory of basic social contradictions,class struggle,and the view of mass history,to the practice of Chinese revolution,and profoundly explained the inevitability of early China's choice of socialist path.This is mainly reflected in the following aspects.First,on the basis of China's revolutionary practice,he insisted on the dialectical unity of productive forces and production relations and of economic base and superstructure,emphasizing the reaction of production relations and superstructure.At the same time,he insisted on "practical materialism" and actively applied historical materialism to the construction of Chinese society.Second,he applied the theory of class struggle to the practice of Chinese social revolution,holding that class struggle is the fundamental driving force for social change,insisting on revolution and opposing reform,which makes a philosophical explanation for the choice of socialist path in modern China.Third,he advocated the development path with Chinese characteristics,adhering to the dialectical unity of universal necessity truth and concrete process difference and of the general law and special law of social development,and the theory of the unity of universality and particularity to guide practice.Fourth,he adhered to the mass view of history,highlighting the main role of people in history as well as their revolutionary realistic role,giving play to the subjective and active role of the people.Li Da and other early Chinese Communists combined historical materialism with China's concrete reality,which laid a solid theoretical foundation for China to firmly embark on the socialist path and also provided an important theore-tical reference for the current Chinese modernization.

Xinhua Daily's Implementation of the Principle of "Strengthening the Sense of Party Consciousness" during the Yan'an Rectification Movement

ZENG Boqiu, ZHANG Kai

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 130-137.

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During theYan'an rectification movement,"strengthening the sense of Party consciousness" has become a basic and dominant political requirement in building the Party.Xinhua Daily positively responded to the call of the CPC Central Committee in public opinion and carried out rectification and revision with the principle of "strengthening the sense of Party consciousness" as the core.In the process of establishing and implementing the principle of "strengthening the sense of Party consciousness",specific questions,such as "how to adapt Marxist-Leninist theory to practice","how to make it closely contact with the masses and reflect the masses","how to correctly carry out criticism and self-criticism",and "how to implement democratic centralism and strict Party discipline",were raised and answered pertinently.The process of carrying out this principle has produced important historical significance:it has promoted the proposal of the principle of "the unity of Party and the people",consolidated the ideological position of Marxism,improved the quality and influence of the Party newspaper,and cultivated the "Xinhua spirit" with firm ideals and beliefs.

Responsibility System of Environmental Protection in Campaign-style Governance:A Policy Tool to Reshape Local Environmental Protection Responsibility

LI Yaolei

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 138-149.

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Strengthening the governance of the ecological environment and improving the quality of it are important issues concerned by China's national governance at present and for a long time in the future,and the implementation of local governments' environmental protection responsibilities is the key to the realization of smooth environmental governance."Responsibility system of environmental protection" is a policy tool with Chinese local characteristics for environmental mobilized governance to reshape local environmental responsibility.It takes the high-level promotion as the power source,the interest connection as the mechanism,and the joint responsibility of the Party and government as the target for the implementation of local environmental protection responsibility.In case of the failure of pollution control at the departmental level,or of the sudden and major incidents that need urgent settlement,it obtains the ultimate effect of environmental governance by raising the environmental protection task to the political task to highly strengthen the environmental protection responsibility of the subordinate Party and government subjects.Its utility mechanism is to avoid the ambiguity of the responsibility of the governance subjects through goal decomposition,to alleviate the squeeze of the responsibility of environmental governance through task centralization,and to avoid perfunctory implementation of policies through restraint of rigidity.In spite of the achievements so far,it also gives rise to some problems,in which the executive-led government ignores the responsibility of public participation in governance,the heavy task induces the reverse game of subordinate organizations,and path dependence leads to unsustainable governance results.To overcome the defects of responsibility system of environmental protection,we need to build a collaborative system,expand the space for consultation and negotiation,and promote a long-term mechanism under the guidance of the concept of participatory,flexible,and sustainable governance.

Constraint Control:The Internal Mechanism of the Effective Operation of Grass-roots Campain-style Governance

HAN Yuxiang

Journal of Jishou University(Social Sciences Edition), 2023, 44(4): 150-160.

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Through a set of top-down mobilization system of supervision and assessment,work leading group,village supervision of the village-stationed cadres,and policy publicity,the grass-roots campaign-style governance can operate effectively.Containing the paradox of control and anti-control,"constraint control" is the internal mechanism of the effective operation of grass-roots campaign-style governance.With the four control mechanisms of "authority-interest control" "authority-pressure control" "emotion-relationship control" and "procedure-rule control",constraint control makes grass-roots campaign-style governance simple,efficient and responsible.At the same time,three anti-control mechanisms of "communication adjustment-anti-control","soft constraint-anti-control" and "legal compliance-anti-control" are embedded in constraint control,so that grass-roots campaign-style governance presents the characteristics of moderate supply.Constraint control enables the infiltration of state power to achieve the dual unity of legitimacy and effectiveness,and changes the grass-roots power structure and relationship structure.The improvement of grass-roots campaign-style governance should start from two aspects of mechanism and system.In terms of mechanism,grass-roots campaign-style governance should construct the organizational control mode of constraint control,and in terms of system,our country should continue to strengthen the system construction of the administrative contract system.

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