Journal of Jishou University(Social Sciences Edition)

Gathering Tremendous Strength for a Strong Country and National Rejuvenation—An Analysis of the Five Dimensions of Cohesion in Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era

XIAO Yingsheng

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 1-7.

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Great endeavors require theoretical guidance by scientific truths as well as the impetus derived from transforming these truths intomighty forces.The times give birth to thought,and practice is the fountainhead of theory.Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era represents contemporary Chinese Marxism and Marxism for the 21st century.It encapsulates the quintessence of Chinese culture and spirit,firmly grounded in China's realities while also looking out onto the contemporary world.This thought resolutely safeguards China's core interests while promoting global common development,seeks happiness for the Chinese people and development for the peoples of the world,aims for the rejuvenation of the Chinese nation,and contributes to the progress of humanity.It serves as an action guide for the Chinese people and constitutes a shared intellectual treasure for all humankind.It contains tremendous strength for unity and struggle,historical initiative,great struggles,pioneering innovation,and self-confidence and self-reliance,embodying the scientific truth necessary for achieving a strong nation and national revival.In light of the grandeur of China's "two comprehensive" goals,the arduousness of the task of "Chinese style modernization",and the complexity of the "two overarching situations",it is imperative for us to arm our minds and guide our practice with the Party's innovative theories.This will accelerate the transformation of the power of truth into practical strength,and unite hundreds of millions of people in their efforts to promote Chinese modernization and the great rejuvenation of the Chinese nation.

Innovative Development Pathways for Digital Industrial Clusters Under Deep Digital-Real Integration—A New Structural Economics Perspective

WEN Jun, DIAO Yu

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 8-16.

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The development of digital industry clusters in China,under the deep digital-real integration,exhibits a composite advantage characterized by institutional synergy and market-driven dynamics.This is specifically manifested in an institutional framework combining a "new nationwide system" with "market allocation of resources",industrial chain collaboration featuring "robust industrial systems" and "powerful production capabilities",dual-chain empowerment through "complete innovation chains" and "tightly integrated value chains",and a market ecosystem comprising a "unified large market" and "substantial digital infrastructure".Digital industry clusters achieve enhancements in total factor productivity and reconfiguration of value chains within the real economy through technological penetration.However,significant constraints and challenges remain,including systemic weaknesses in the innovation ecosystem that lead to lagging key common technology research and inefficient transformation mechanisms,severe path dependency and inertia in innovation approaches that hinder compatibility between traditional core industries and new business forms,resource misallocation at innovation nodes that diminishes collaborative efficiency among cluster entities,and barriers to data factor circulation and deficiencies in collaborative mechanisms that restrict cross-domain innovation.Therefore,it is imperative to construct an innovation ecosystem that synergizes government guidance with market dominance,implement diversified digital-physical integration strategies to drive the digital transformation of traditional industry models,improve digital chain integration mechanisms to enhance the nodal efficiency of innovation subjects,and establish market-oriented allocation mechanisms for data elements to eliminate collaborative obstacles.Only through these measures can we achieve the innovative development of digital industry clusters where factors and structures are optimally allocated.

The Internal Mechanism and Policy Innovation of Digital Economy Empowering Urban Modernization from the Perspective of Common Prosperity

BAO Guoguang, HUANG Chengjingxin

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 17-28.

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Chinese-style modernization provides a foundational guarantee for achieving common prosperity,which is an important characteristic of Chinese-style modernization.The two are dialectically unified in the great practice of socialist modernization.As the "main battlefield" of Chinese-style modernization,urban modernization plays a crucial role in advancing common prosperity for all people.With its strong permeability,spillover effects,and diffusivity,the digital economy plays an indispensable role in accelerating the construction of a modern industrial system,vigorously promoting consumption expansion and upgrading,effectively advancing urban governance modernization,and driving human modernization at a high level.It has become a key fulcrum for solidly promoting urban modernization and common prosperity.However,urban modernization still faces practical challenges,such as bottlenecks in digital government construction that need to be addressed,insufficient self-controllable capabilities in key core technologies,prominent anti-monopoly regulation dilemmas for digital platforms,and the "digital divide" in less-developed regions that requires bridging.These issues have weakened the empowering effects of the digital economy on urban modernization and common prosperity.To address these challenges,efforts can focus on deepening digital government construction,strengthening breakthroughs in key core technologies,reinforcing anti-monopoly regulation of digital platforms,and accelerating the bridging of regional digital divides.These measures aim to fully unleash the synergistic and multiplier effects of the digital economy in advancing urban modernization and common prosperity.

The Source of Effectiveness of Intra-Party Regulations:Theoretical Evaluation and Enhancement

ZHOU Hang

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 29-39.

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The source of effectiveness of intra-Party regulations is a fundamental theoretical issue in the study of intra-Party regulations.Clarifying the source of their effectiveness is of great significance for improving the quality of intra-Party regulatory texts and promoting their comprehensive implementation.As components of the socialist rule-of-law system with Chinese characteristics,intra-Party regulations and national laws share certain common elements in terms of the sources of their effectiveness,but they also have distinct differences.On the one hand,the exploration of the sources of legal effectiveness by different schools of jurisprudence throughout history provides valuable theoretical resources for understanding the sources of effectiveness of intra-Party regulations;on the other hand,Chinese scholars have developed a certain theoretical foundation regarding the sources of effectiveness of intra-party regulations,offering useful perspectives.However,shortcomings remain,such as over-reliance on theories of national law that fail to fully reflect the unique characteristics of intra-Party regulations,an inability to comprehensively reveal the sources of effectiveness across different historical stages,and simplistic transplantation of foreign theories.To strengthen the theoretical foundation of the sources of effectiveness of intra-Party regulations,it is necessary to draw upon the historical experience of governing the Party through regulations,the justice-oriented nature of intra-Party regulations,Party members' voluntary recognition of these regulations,and the enforcement guarantees backed by Party discipline.These efforts should be guided by the texts of intra-Party regulations,the practice of governing the Party according to rules,the fine traditions of the Communist Party of China,and the requirements of China's rule-of-law construction.

The Organizational Foundation and Institutional Logic of the Filing and Review Mechanism for Intra-Party Normative Documents

ZENG Yucheng

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 40-50.

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The filing and review mechanism for intra-Party normative documents is a crucial component of the intra-Party supervision system.It provides robust organizational and institutional support to promote the supervision of policy-making powers within the Party,as well as the organization,institutionalization,and standardization of filing and review work,thereby enhancing the quality of intra-party normative document formulation.The organizational structure of this mechanism exhibits a "unitary multi-layered" characteristic.On the one hand,the leadership system of the Party exerts a unifying influence over the filing and review mechanism,with central-level filing and review authority guiding local-level authorities,thus forming a unitary organizational structure.On the other hand,the filing and review authority is systematically divided into central,provincial,municipal,and county levels,creating a hierarchical organizational structure.Through the integration of governance mechanisms,responsibility mechanisms,procedural mechanisms,and incentive mechanisms,the filing and review mechanism constructs an effective operational framework.Regulatory legitimacy,normative legitimacy,and cognitive legitimacy together provide a comprehensive framework for understanding and interpreting the institutional legitimacy of the filing and review mechanism.The establishment of this mechanism reflects three intertwined institutional logics:the structural logic that unifies the whole with its parts,the systemic logic that harmonizes vertical and horizontal dimensions,and the governance logic that aligns authoritative mechanisms with effective governance.

The Value,Challenges,and Optimization Pathways of Embedding Social Work in Frontier Governance

LUO Qiangqiang, FANG Wenli

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 51-58.

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Frontier governance is a complex and extensive systemic project. Its regional characteristics necessitate the full mobilization of social organizations to actively participate.-In the context of Chinese-style modernization,embedding social work into frontier governance holds significant value.Through case work,group work,community work and collective interventions,social work can help service recipients overcome the constraints of poverty culture and social exclusion,thereby enhancing their capacity to cope with poverty risks within the context of rural revitalization.Simultaneously,social work addresses not only the material needs but also the emotional needs of service recipients,fostering an integration of endogenous and exogenous emotions among the populace.This contributes to harmonious interpersonal,group,and national sentiments,thereby improving community-level governance.Social work views humans and nature as equal entities and can mobilize diverse resources during ecological governance to promote environmental justice.In addressing issues such as regional security and neighboring relations in frontier areas,social work can integrate resources and coordinate various interests,advancing the the modernization of the frontier governance system and governance capacity.However,embedding social work into frontier governance faces challenges such as neglecting cultural sensitivity training,inadequate service effectiveness,and slow localization processes.It is suggested that we cultivate social work professionals who are attuned to the regional characteristics of frontier areas,strengthen the resource coordination capabilities of social work departments,and build a theoretical and practical framework for frontier social work,so that we can promote the high-quality development of frontier regions.

Capacity Building for Collaborative Ecological Governance in Inter-provincial Administrative Border Regions—Overcoming Institutional Barriers and Advancing Integrated Co-governance

JIA Xianwen

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 59-66.

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The ecological and environmental risks in inter-provincial administrative border regions are exacerbated by insufficient cross-boundary governance capacity,with the root causes lying in institutional barriers and the failure of collaborative mechanisms.Case studies of regions such as the Beijing-Tianjin-Hebei area,the Yangtze River Delta,and the Pan-Pearl River Delta reveal that while existing cooperative mechanisms have enhanced localized governance capacity through measures such as establishing regulations,building platforms,co-constructing infrastructure,and conducting joint law enforcement,their effectiveness remains constrained by administrative barriers,weak subject collaboration,fragmented regional resources,and limited policy tools.Consequently,governance outcomes struggle to transcend the constraints of localized governance.To address these challenges,it is advisable to establish a co-governance pathway centered on an integrated "institution-subject-resource-tool" collaborative framework.This can be achieved by strengthening cross-boundary governance objectives through top-level institutional design,activating multi-stakeholder cooperation through regularized coordination bodies,optimizing resource allocation through cost-sharing and information-sharing mechanisms,and continuously advancing regional rule-of-law and market-oriented reforms to innovate governance tools and enhance governance capacity.These efforts aim to resolve the fragmented ecological governance dilemma in inter-provincial administrative border regions and promote the modernization of the national ecological and environmental governance system and capacity.

Game Analysis of the Inter-subjects during the Term of Land Transfer Contracts in Family Farms

LIU Linghui

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 67-75.

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Family farm operators and smallholder farmers enter into land transfer contracts to consolidate fragmented farmland into contiguous plots,enabling large-scale and efficient agricultural production.However,during the contract period,some farmers may breach agreements or engage in "hold-up" behavior by demanding rent increases,thereby undermining the stability of land tenure rights.By analyzing the strategic interactions between family farm operators and farmers under different rent levels,this study identifies the conditions under which optimal strategies can emerge.First,at normal rent levels,increasing financial penalties for breaches while raising the opportunity cost of self-cultivation can effectively deter noncompliance.Second,under low-rent scenarios,from the farmers' perspective,raising both economic penalties and non-material costs—such as time and effort—and increasing the opportunity cost of abandoning contracted land to pursue independent farming help to discourage opportunistic renegotiation.From the family farm operators' perspective,a higher number and proportion of defaulting or hold-up farmers' narrow potential profit margins,raise subsequent production and management costs caused by mid-contract disruptions,and may lead to reductions in government subsidies.To ensure stable income for farmers,prevent breaches and rent gouging,and enhance tenure security,it is essential to make innovations in land transfer models that provide efficient pathways for land consolidation,to establish a dynamic adjustment mechanism for transfer income to build a strong mutual-interest relationship between farmers and farm operators,and to strengthen enforcement measures to promote stronger contractual discipline and trust in the land transfer process.

Pathways to Enhancing the Resilience of China's Grain Industry Chain and Supply System under an All-Encompassing Approach to Food

MA Li, KANG Xinyu

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 76-86.

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Strengthening the resilience of China's grain industry chain and supply system is not only an inevitable choice based on the national reality of a "large country with smallholder farming",but also a key driver for promoting high-quality agricultural development.Under the all-encompassing approach to food,several critical challenges currently constrain the stability and adaptability of China's grain supply system:imbalance between supply and demand,resource and technological constraints that limit the stable production of primary agricultural products and weaken the upstream foundation of the chain; lagging development of grain logistics infrastructure,low efficiency in risk prevention,and limited capacity to respond to emergencies and market fluctuations;inefficient information flow,slow progress in industrial integration,and insufficient momentum for green transformation; as well as fragmented policy support,shortage of skilled agricultural professionals,and delayed digitalization—all of which significantly undermine self-reliance and control over the grain system.To address these challenges and enhance the resilience of the grain industry chain and supply system,China should follow a strategic framework centered on "consolidating foundations,improving efficiency,containing risks,and ensuring autonomy",and develop a multidimensional set of pathways.These include optimizing the structure of agricultural supply,safeguarding arable land boundaries,and enhancing crop breeding innovation to reinforce the foundational links of the chain;accelerating the modernization of logistics infrastructure and improving the grain distribution system through intelligent technologies to boost operational efficiency.It is also important to establish integrated information platforms to promote deeper integration between the grain sector and secondary and tertiary industries while strengthening risk prevention mechanisms,to intensify efforts in cultivating agricultural talent,to advance the integration of digital technologies into grain industry development,to build an independent technological innovation system,and ultimately drive the modernization of the grain industry to ensure long-term national food security.

Supra-Normative Understanding and Practical Implications of Consistent Sentencing for Similar Cases—A Data-Driven Approach through Sentencing Information Systems

LI Rong, HU Ze'en

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 87-97.

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The theory of consistent sentencing for similar cases forms the theoretical foundation for constructing sentencing information systems.Different interpretations of "similar cases with similar sentences" in various contexts lead to differing requirements for similarity,manifesting as discrepancies in criteria for assessing both case similarity and corresponding judgments.This can be categorized into a three-tier progressive structure:legal subsumption,legal application,and sentencing.The core of supra-normative understanding lies in the notion that consistency in legal subsumption and application constitutes only the normative basis for similar sentencing;however,supra-norm demands a more stringent standard of similarity for sentencing outcomes in analogous cases.This implies that determining consistent sentencing cannot merely rely on uniform statutory penalties but requires analyzing whether sentencing outcomes fall within a reasonable range based on case similarity.Currently,two primary approaches exist:sentencing guidelines and sentencing information systems.Sentencing guidelines aim to meet the requirement of generalizing punishments by refining sentencing rules,yet overly detailed rules may lead to mechanized sentencing,while overly broad rules fail to curb discretionary arbitrariness.Sentencing information systems address this dilemma through the aggregation and dynamic analysis of similar case data,leveraging technological synergy to overcome limitations posed by substantive sentencing rules.By driving transparency in sentencing through data,these systems establish "data anchors" for fair sentencing,offering a technically elastic and verifiable solution towards unifying sentencing standards.

On the Legal Status of Wild Animals:Communication and Coordination between Environmental Law and Civil Law

LIN Yuqiu, YANG Zhaoxia

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 98-110.

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The legal status of wild animals has become a significant theoretical issue attracting considerable attention in recent years.Scholars have both domestically and internationally proposed major theories such as "legal subject theory","special object status theory",and "subject-object integration theory",yet no consensus has been reached.The root cause of this divergence lies in the varied understandings among scholars regarding the attributes of wild animals and the relationship between humans and wild animals from a factual perspective.In reality,beyond possessing resource and property attributes,wild animals also exhibit ecological,ethical,risk,and environmental characteristics.Therefore,from a jurisprudential perspective,it is insufficient to view wild animals merely as "objects" under traditional civil law;instead,they should be regarded as special subjects that are closely related to but fundamentally distinct from "objects",referred to here as "pre-objects" or "quasi-objects".Based on this understanding,we need to reassess new legal principles embedded in concepts and systems such as state ownership of wildlife resources,hunting rights,and breeding rights.In terms of legal expression,one approach is to follow the path of legal ecologization by incorporating "leaving space","opening branches","setting boundaries","laying foundations",and "establishing frameworks" into the Civil Code.This would involve confirming and providing principled regulations concerning the legal status of wild animals,ownership of wildlife resources,and related real rights,while also setting up referraland guiding clauses to serve as conduits linking the Civil Code with specialized environmental laws.Another approach involves following the path of specialization in environmental law,whereby specific provisions on the operation of rights such as state ownership of wildlife resources,hunting rights,and breeding rights,along with compensation for damages caused by wildlife,can be detailed within the Wildlife Protection Law and other specialized environmental legislation.This would gradually shift the traditional emphasis on administrative over civil aspects and power over rights.Environmental law research must adopt a self-conscious methodology integrating factual reasoning,jurisprudence,and legal norms to contribute intellectual insights and efforts towards forming an independently innovative body of knowledge in Chinese environmental law.

Towards Technological Autonomy:Legal Safeguards for the Transformation of Villager Self-Governance Spaces in Digital Villages

HE Yang

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 111-121.

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The construction of digital villages creates conditions for guiding the transformation of spaces for villager self-governance towards technological autonomy,with legal safeguards being a critical issue in this transformation.Grounded in the perspective of procedural justice and following the logical framework of "preconditions-process-safeguards",this paper constructs an analytical framework encompassing value compliance,process compliance,and platform compliance.It identifies that the primary legal texts supporting the legal safeguarding of space transformation for villager self-governance in digital villages include the Constitution,the Village Committee Organization Law,and the Cyber-security Law.Specifically,the Constitution regulates value compliance in villager self-governance,the Village Committee Organization Law governs process compliance,and the Cyber-security Law oversees platform compliance.However,challenges persist in applying these legal frameworks to guide social practices related to technological autonomy in digital villages,including insufficient recognition of its legitimacy,unclear procedures for qualification review,vague applicability domains,ambiguous online deliberation processes,and inadequate regulatory measures on platforms.These issues hinder high-quality development of technological autonomy.Future efforts to promote the transformation of villager self-governance spaces in digital villages should focus on optimizing constitutional norms under the guidance of legal thinking,refining procedural designs for technologically autonomous governance behaviors,and enhancing regulatory oversight of technological autonomy platforms.

Virtual Presence and Multifaceted Compensation:The Media Functions of Smart Surveillance in Rural Left-behind Families

XIANG Zhiqiang, XIONG Renzhi

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 122-131.

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The deep integration of new digital technologies into rural left-behind families in China has catalyzed a digital transformation in traditional intergenerational relationships within rural households.As a novel form of digital media,smart surveillance provides multifaceted mediated compensation and care for rural left-behind families,thereby fostering mediated familial affection.However,this mediated affection only partially satisfies the emotional needs of family members.Moreover,smart surveillance reshapes the power dynamics within traditional rural families to some extent,as mobile family members gain control over the intimate surveillance of left-behind members.This unidirectional and coercive intergenerational interaction transforms mediated affection into a form of mediated power,which carries ethical risks such as privacy violations and data breaches for left-behind family members.Therefore,it is essential to increase the frequency and quality of embodied caregiving,enhance the media literacy of left-behind family members,and establish guidelines for the use of smart surveillance technologies.These measures can provide practical guidance for the reasonable application of smart surveillance in rural left-behind families,promoting the harmonious coexistence of technological development and family ethics.

A Humanistic Examination of the Protection of China's Intangible Cultural Heritage

MA Zhiyao, CHANG Guoyi

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 132-144.

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The humanistic examination of the protection of China's intangible cultural heritage (ICH) involves both a logical necessity centered on human beings and a practical inevitability with humans as the principal subjects.This examination primarily revolves around the four dimensions of "real people",real needs of individuals,creative practices and complete life contexts of the masses,and the free and comprehensive development of people.In the apparent manifestations of culture,there is an emphasis on "real people" within ICH protection.Understanding "real people" facilitates comprehension of the underlying support that ICH provides for human existence beyond the promotion of cultural functions.As the work of ICH protection progresses,humanistic perspectives shift from the obscured "real people" behind cultural appearances to the real needs of individuals.These needs evolve from basic survival requirements necessary for sustaining biological life towards multifaceted needs as cultural beings,thereby constructing critical awareness in ICH protection.Reflecting on the reality of ICH protection reveals that the diminishing role of specific individuals and the increasing importance of the masses,as well as the coordination between daily and non-daily life contexts,are becoming more evident.These trends contribute to sustainable development in ICH protection,partially uncovering the overshadowed status of inheritors and ensuring the vitality of ICH through the creative practices of the masses and their complete life contexts.ICH protection should actively incorporate humanistic perspectives,while humanism should also engage with ICH protection.This dual approach not only ensures the sustainability of ICH from a human-centered standpoint but also pursues the goal of human freedom and comprehensive development within the logic of cultural continuity.

Inheritance of Revolutionary Culture:Theoretical Elucidation and Promotion Pathways

ZENG Xiaojie

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 145-154.

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Clarifying the intrinsic mechanisms of revolutionary culture is a crucial foundation for its effective transmission.As a subcategory of culture,revolutionary culture is a non-purely natural phenomenon created through human activities that reflect the essential forces of humanity.Who creates it and in what spatiotemporal context significantly influences its meaning.The Chinese revolution was a great andarduous struggle waged by revolutionary groups against various reactionary forces.Revolutionary culture epitomizes the mainstream culture of these revolutionary groups,with its primary creation period spanning from the founding of the Communist Party of China to the completion of the socialist three major transformations,and even dating back to the Opium War.From an element structure perspective,revolutionary culture comprises two dimensions and seven elements:the goal dimension of communist ideals and beliefs serves as a guiding beacon;the operational dimension includes three levels:people-centeredness and patriotism as fundamental stances,the leadership of the Communist Party of China as a critical system,and revolutionary struggles and hard work under the guidance of the thought line of seeking truth from facts as basic methods.Justice,progressiveness,and revolutionary nature are the essential attributes of revolutionary culture.Currently,the inheritance of revolutionary culture faces both external challenges,such as the dual challenge of coordinating the material and cultural-ethical advancement amidst historical tasks and the eroding influence of mass communication in the information age,and internal challenges,including narrow and rigid interpretations of its connotations,entertainment-oriented and dogmatic educational methods,reversed subject-object relationships,and superficial and inefficient educational outcomes.The main approach to addressing these challenges is to cultivate a large number of educators who genuinely understand,believe in,and practice revolutionary culture,focusing on structured understanding,willpower tempering,and the study of dialectical materialist methodology,while striving for logical and experiential educational implementation.

How Digital Finance Influences Total Factor Productivity of New Agricultural Operating Entities — An Empirical Analysis Based on Survey Data of Chinese Small and Micro Enterprises

GUO Chaoran

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 155-165.

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Against the backdrop of the integration and development of traditional finance and digital technology,digital finance has become a core element in enhancing the total factor productivity (TFP) of new agricultural operating entities.Utilizing the digital inclusive finance index and survey data from Chinese small and micro enterprises,this paper employs a generalized difference-in-difference model to examine the impact of digital finance on the TFP of new agricultural operating entities and explores its mechanisms.The findings reveal that digital finance significantly promotes the TFP of these entities,a conclusion that remains robust after addressing endogenous issues and conducting a series of robustness checks.Mechanistically,digital finance enhances TFP by alleviating credit constraints,promoting agricultural mechanization,and broadening access to information.Heterogeneous analysis indicates that the effect of digital finance on TFP is less pronounced in terms of coverage breadth and usage depth compared to its digitization level.Moreover,for new agricultural operating entities located in eastern regions,burdened with heavy capital loads,possessing good government-enterprise relationships,and having decision-makers with higher financial literacy,the positive impact of digital finance on TFP is more significant.Therefore,governmental bodies should continuously promote the digitalization of rural finance,further enhance the empowerment effects of digital finance on new agricultural operating entities,and tailor policies to the specific characteristics of these entities to maximize the precision of digital finance support for agriculture.

The Logical Justification,Practice Representation and Normative Approach of Environmental Proactive Judiciary

ZHANG Xiaokang

Journal of Jishou University(Social Sciences Edition), 2025, 46(3): 166-176.

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The "Party and government logic" is the essence of the construction of environmental proactive judiciary,in which the Party's will for environmental governance shapes the concept of environmental proactive judiciary,and the special political and legal system promotes the model of environmental proactive judiciary.The "rule of law logic" is the core of the operation of environmental proactive judiciary.The environmental judiciary's supplementation of the deficiencies in environmental legislative norms and the remediation of the shortcomings in environmental administrative regulation both highlight its legal legitimacy in intervening in environmental governance.In actively participating in environmental governance,environmental proactive judiciary exhibits a functional progression from retributive justice to restorative justice,from remedial justice to preventive justice,and from autonomous justice to responsive justice.It also faces potential concerns of functional distortion,from judicial application of law to judicial law-making,and from adherence to restraint to proactive action.In the future,the proactive forms of environmental judiciary should be adjusted based on the distinction between litigious and non-litigious environmental judicial affairs.In litigious environmental judicial affairs,the distinction between the procedural proactive form based on substantive restraint in the adjudication field and the limited judicial proactive form in the non-adjudication field should be followed.In legislative and administrative non-litigious environmental judicial affairs,the model of environmental proactive judiciary should be corrected based on functionalism.The former should establish a coordinated and unified judicial rule system through the institutional construction of environmental law codification,and create a feedback loop between environmental legislation and environmental judiciary through proactive forms such as judicial review and exemplary case guidance.The latter's functional orientation should shift from direct intervention in environmental governance to supervision and facilitation of administrative agencies' duties,with environmental administrative public interest litigation as the main development direction of environmental judiciary,thereby achieving the maximum efficacy of environmental judiciary.

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