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Table of Content
28 August 2023, Volume 40 Issue 4
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CONTENTS
2023, 40(4): 2-4.
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The Character Orientation and Constitutionality Inspection of the Formulation Right of HNFTP Laws and Regulations:Based on the Legislative Law Revised in 2023
CHEN Zhiying
2023, 40(4): 5-15. doi:
10.16387/j.cnki.42-1867/c.2023.04.001
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The Standing Committee of the National People’sCongress of the People’sRepublic of China in 2021 adopted the Hainan Free Trade Port Law,entrusting the Hainan Provincial People’sCongress and its Standing Committee to make the laws and regulations of HNFTP. The precondition of the proper operation of this totally new institutional design lies in the clarity of its character and its constitutionality review. The Legislative Law, revised in 2023, has included the formulation right of the laws and regulations of HNFTP,which provides a standard basis for its character orientation and constitutionality review. On the three levels of hierarchy,type,and content,the locality,authorization,and flexibility ofthe HNFTP laws’formulation right is clarified according to the relevant essence and contents of the revised Legislative Law. The Constitution is taken as the unified basis of legal system to prove the constitutionality of the HNFTP laws’formulation right in terms of both the substance and the form.
Why EPOs Will Not Go to Court:AStudy on Promoting EPOs’Nonprofit Litigation Intention from the Perspective of Legal Opportunity Structure Theory
LI Qiaoling
2023, 40(4): 16-26. doi:
10.16387/j.cnki.42-1867/c.2023.04.002
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Environmental civil nonprofit litigation is a legalized way for environmental protection organizations (EPOs) to express, deliver, and actualize their interest appeal. It can activate the endogenous force of social governance,cultivate social capitals,and form a social counterbalance ofauthority. Yet,EPOs in practice do not exhibit sufficient intentions of litigation,which has gravely weakened the effect of this system. The legal opportunity space of EPOs participating in nonprofit litigation has been severely squeezed by expensive litigation cost,the court’simpertinent activation of case filtering mechanism,the strong contention of procuratorial work in environmental nonprofit litigation,and the functional overlapping of different systems. The combination of the above factors makes EPOs reluctant to participate in nonprofit litigation. The theory of legal opportunity structure is a new and systemic perspective for the study on the impetus and aspiration of EPOs’participation in environmental nonprofit litigation. On the five dimensions of increasing effective legal supply in relation to environmental nonprofit litigation,perfecting the litigation cost sharing system,advocating multi-party collaborative participation, promoting the renewal of environmental judicial ideas,and strengthening legal conviction,the theoryexpands the legal opportunity space of EPOs to institute an environmental civil nonprofit litigation. It makes environmental judicial remedy more open and accessible and enhances the aspiration of EPOs to express,in a legalized way,their interest demand and safeguard environmental public interest 。
Practical Types of Migrant Labor Unions’Identity Legality
JIN Xiaohong,SUN Kaichun
2023, 40(4): 27-39. doi:
10.16387/j.cnki.42-1867/c.2023.04.003
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The identity legality of labor unions has been disputed in practice. The organizational structure and the working mechanism of three types of labor union that serve migrant workers are analyzed based on field investigation. In form,all the three types of labor union are legal-rationally legitimate in terms of identity,yet in practice,their legitimacy features can also be traditional,charismatic,or a combination of both. The practical dilemma of the three types of labor union due to their identity legality includes the insubstantiality,dependence,and lagging behind of labor union’swork and function. From Habermas’s perspective of legal legitimacy,the identity legitimacy of the three types of labor union is still in jeopardy:although empirically they are socially effective, they are faced with a legitimacy crisis in terms of specification effectiveness.
Bonding Fragments as a Way of Upgrading Grid Governance to Cope with Public Emergency:APractical Exploration Based on the Point-leader Responsibility System in J District
LIU Xiaofeng,YANG Yue
2023, 40(4): 40-50. doi:
10.16387/j.cnki.42-1867/c.2023.04.004
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The grid governance of a community is an institutional design based on the conventional problems of cities in China. It is of great significance for upgrading grassroots governance level and promoting social harmony and stability. Yet in case of a public emergency, anew phenomenon of fragmentation has appeared in communities under grid governance. To cope with a public health emergency,Jdistrict adopted the point-leader responsibility system. It provides a case for studying how a grassroots government addresses the new fragmentation issue to promote its governance quality on the three dimensions of space,right and liability,and information. The point-leader responsibility system is a higher level of the current grid governance model,and the purpose of its establishment is to deal with a public emergency in a better way. Its holistic governance concept and integration mechanism design are recommendable. The grid governance of a community should maintain and expand its open-source feature, while guarding against the unexpected consequence brought about by institutional innovation.
Affection,Dilemma of and Remedy Strategy for the Digitization of Social Governance
LIU Cuixia,JI Xiaojin
2023, 40(4): 51-60. doi:
10.16387/j.cnki.42-1867/c.2023.04.005
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The digitization of social governance is the inevitable requirement of the modernization of a state’sgovernance capacity and governance system. It is also the unavoidable outcome of the transformation of governance pattern in a digital society. In the current practice,the digitization of social governance seems to be cold and heartless due to the mechanization and exemption of the governance subject,the indexation and rigidity of target,the stylization and blackbox of procedure,and the quantification and labeling of result. The digitization of social governance can draw on affection to shorten the distance between government and the public in its affective practice. It should adhere to the people-centered governance concept,adopt the response strategy of democratic negotiation,play the ligation role of key masses, strengthen the public spirit of governance subject,set up an evaluation system that is both accurate and humane, and build up a digital governance atmosphere with human concerns. In this way, digital empowerment will not become digital burdens or digital claims,and the road of digitized social governance will be smooth.
Promoting or Weakening:Internet Usage and Urban Dwellers’Sense of Political Gain
NIE Wei,CAI Peipeng
2023, 40(4): 61-73. doi:
10.16387/j.cnki.42-1867/c.2023.04.006
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In a digital society,clearing up the relationship between the use of Internet and city dwellers’sense of political gain is important for enhancing the efficacy of urban governance and improving the quality of democratic political development. Based on the 2019 data of Chinese General Social Survey(CGSS),the influence of Internet usage on urban dwellers’sense of political gain,as well as the mechanism of action,is empirically studied. It is found that Internet exposure and the use of Internet as a tool prominently promote city dwellers’sense of political gain,while the use of it as entertainment has nothing to do with the raise of their sense of political gain;and the conclusion remains solid after instrumental variables are introduced to control the potential endogenous problems. Both social trust and social equality play a shading effect between Internet exposure and sense of political gain,while social equality has a partial mediation effect between the tool type of use and sense of political gain. Hence,in order to comprehensively promote urbane dwellers’sense of political gain in a digital society,people should pay attention to the political value of the Internet,inspect the de-political effect of Internet pan-entertainment,enhance social trust and social equality by building a clean cyberspace,and strengthen citizens’digital attainment and cultivate their positive behavior on the Internet.
Judging Basis of Constructing a Socialist Ideology with Strong Cohesion and Leadership: Also on the Implementation Route of Ideological Work of New Era
FU Lin,ZHANG Xiaorong,LI Yang
2023, 40(4): 74-83. doi:
10.16387/j.cnki.42-1867/c.2023.04.007
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Constructing a socialist ideology with a strong cohesion and leadership is an important target and task of the ideological work of the new era. Clarifying the judging basis of a strong cohesion and leadership is both a target for checking ideological work and a precondition for achieving the task. It also points out the implementation approach of ideological work in the new era. Standards are objective and realistic. To explore the judging basis of socialist ideology with a strong cohesion and leadership,it is necessary to return to the realistic circumstances in which ideology is transmitted in the new era. Whether the socialist ideology has a great cohesion and leadership can be judged by whether it is convincing in ideas,cohesive in reality,demonstrative in front of the world,and full of vitality toward the future. This is of great importance for the ideological work of new era to have a definite approach,powerful execution,traceable target,and timely feedback.
AStudy on the Cost Control of Central Kitchen Product Distribution Based on Robust Optimization
LIU Quanhong ,TANG Fuxing
2023, 40(4): 84-97. doi:
10.16387/j.cnki.42-1867/c.2023.04.008
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Central Kitchen is now a point of public interest in the catering industry because of its unique advantage in reducing cost. As an emerging development trend of the catering industry in transforming and upgrading,central kitchen has certain short slabs in the cost control of product distribution,including the uncertainty of product demand. Acost uncertainty model of central kitchen product distribution is constructed based on the robust optimization theory;the uncertainty set of the model is made up of the first moment and second moment information of demand;then the uncertainty set is solved by using the linear decision rule and the optimization theory;and the usability of the model is validated by simulation and analysis of examples. The research results show that for the limited space to control the production cost,enterprises should pay more attention to controlling the product distribution cost of the central kitchen ,so as to reduce the operation cost of central kitchen. The risk source of the enterprises is the indeterminacy of product demand in the current changing times. Besides caring about the postmortem analysis of delivery cost control,businesses should also complete risk prediction and assessment in advance,and timely renew their risk control planning.
Study on Latent Welfare Loss Caused by Chronic Unemployment Risk Based on Empirical Law of Asset Allocation
WANG Yunduo
2023, 40(4): 98-108. doi:
10.16387/j.cnki.42-1867/c.2023.04.009
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Influenced by the economic downward pressure, the potential unemployment risk of an individual is mounting. To evade the adverse effect,aperson should adjust his/her traditional financial management method and make a plan of asset allocation for the life cycle. But this does not mean they should invest their assets heavily on stocks when they are young. Alife cycle model involving chronic unemployment risk is set up to explore how long-term unemployment risk affects lifelong welfare loss through asset allocation variations. The results show the risk of long-term unemployment will perpetually dim the future revenue outlook of a person; the risk of human capital devaluation after chronic unemployment will cause a considerable welfare loss (accounting for 2.92%to 8.62%of total annual consumption);and that such a welfare loss stems from the excessive risk undertaken by young investors when they are faced with uncertain labor supply and pension income in the future. The finding provides long-term institutional investors with a new perspective of pension planning.
Online Education in Patriotism in an Age of Digital Intelligence
YU Huan
2023, 40(4): 109-117. doi:
10.16387/j.cnki.42-1867/c.2023.04.010
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As the Internet develops and updates,an age of digital intelligence sustained by technology is rolling out. In the prosperity of networks,individuals’social life is shifting to the virtual space. That poses new requirements for online education in patriotism:it should expand the scope of love,enrich the idea of state,explore the approach of education,and clarify the essence of cultivation. The digital intelligent era has also brought about new issues to online patriotism education in terms of leadership,explanatory power,public credibility,and influence. Being digital,the actual effect of online patriotism education can be guaranteed by innovation on the following four dimensions:establishing new directions,setting new trends,transforming new growth drivers,and construction new circumstances. This leads to new strategies for solving the problems.
From Community to Sharism:Interpretation of Dewey’sSharism and Educational Theory
WU Li,GUO Yuanxiang
2023, 40(4): 118-124. doi:
10.16387/j.cnki.42-1867/c.2023.04.011
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Sharism,as a core concept of Dewey’sideas,pervades his academic thought system. In Democracy and Education,Dewey reveals the formation path of community communication leads to a common understanding which further leads to a community. Communication is a means by which people have similar emotional and intellectual tendencies;it safeguards the formation of common understanding and is the precondition of a unity. The bidirectional interaction of communication makes the forming process of a community one in which social life renews and continues,experience is constructed,and a democratic society takes shape. Therefore,community and communication are ties between Dewey’s theories of social life,experience,and democracy. Meanwhile,education in a broad sense penetrates Dewey’sthoughts on community,the continuity of life,the renewal of experience,and the formation of a democratic society. Thus,he establishes a theory that integrates education and democracy. Dewey has presented a prospect of sharism:from a“big society”of material sharing to a“community”of value,spirit,and civilization sharing. In the formation of the community,abidirectional education in a broad sense is the means to achieve sharism. The Deweyan sharism is rich in educational values,and sharism with its educational value should be reconstructed so as to better promote educational practice.