JIANGHAN ACADEMIC

CONTENTS

2016, 35(3): 2-4.

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On the Resolution of Criminal Jurisdiction Conflict between the Two Sides of the Taiwan Straits

JIANG Guohua，Lai yanjun

2016, 35(3): 5-11. doi:10.16388/j.cnki.cn42-1843/c.2016.03.001

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The conflict of criminal jurisdiction between the two sides of the Taiwan Straits stem from their legislative differences. The conflict caused by such differences result in the two sides’failure to recognize each other’ s criminal judgment and in dual decisions to repatriated criminals. This situation is contrary to the legal principle of prohibition against double jeopardy；it is also a hindrance to the development of the cross-strait judicial cooperation. To resolve this conflict，it is time to put on the agenda the establishment of a mechanism for joint criminal jurisdiction；the key point is to specify the division of jurisdiction for each side so that both sides will recognize and implement the court’s criminal decision of the other side. Thereby，a coordinated cross-strait judicial system and a benign interaction are expected to be established.

On the Basis of the Legitimacy of the Criminal Law Legislation——A Historical Interpretation

WANG Huanting

2016, 35(3): 12-19. doi:10.16388/j.cnki.cn42-1843/c.2016.03.002

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The analysis of the basis of criminal law legislation legitimacy，as a grand system proposition，needs to be developed from historical，political，economic，and cultural perspectives.The constitutional thought of popular sovereignty and representative system in modern societies gives the people’s deputies the subject qualification for people’s legislation. The rise of civil societies，to an extent，has restricted a political state’ s power of punishment；the judgment of whether an action should be punished by criminal penalty and whether it is harmful to society is the result of the measurement by the state’ s subject of value judgment - the society’ s main culture group – according to its interest desires.The historic change of law standards has required a change from statist criminal law to democratic criminal law；the criminal law’s nature as the last means of legal interest protection has decided penalty’s contraction rather than expansion.Moderate criminal circle and penalty reflect human beings’spirit of tolerance in the field of criminal law. The substantial clarity and the content’s appropriateness of the principle of a legally prescribed punishment for a specified crime ensure the rationality of criminal law’ s substantive content.All these are indispensable fundamental elements for the legitimacy of the criminal law legislation.

On the Legal Position of Government’ s Role in the Context of Public Facilities

ZHANG Wensong

2016, 35(3): 20-27. doi:10.16388/j.cnki.cn42-1843/c.2016.03.003

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In the modern society，public facilities are being endlessly crowded out and impaired and citizens’access is constantly being infringed. The theory of newpublic service has given a theoretical basis for the role of the government，as the main provider，in dealing with the public facilities. Building a law-based government with public participation and sharing the responsibility of protection by the government and the public will allow the government actions better reflect the public’ s interest demand in the provision and use of the public facilities，improve service qualities，and enhance the public’s degree of satisfaction，while increasing efficiency.

Use of Force in the Cyber Warfare as Defined in Tallinn Manual——Analysis from the Angle of the International Law

JI Hua

2016, 35(3): 28-34. doi:10.16388/j.cnki.cn42-1843/c.2016.03.004

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Refraining from the use of force is specified in Item 4，Article 2 of The Charter of the United Nations and is also a rule of jus cogens. Although The Charter of the United Nations does not define“the use of force”，the word “force”should be restricted to the military category according to the rules that are used to interpret treaties. As a document intended to regulate international cyber security，however，the Tallinn Manual qualifies cyber-attacks as“use of force” . The Manual is neither legally binding nor is a legal creation；the qualification of the use of force in the Manual is both defective in theory and misleading in practice. The Tallinn Manual’ s definition needs to be responded to and reconsidered by traditional rules of the international law.

On the Risks of Country- of- origin Regulation and Correspondent Strategies in Implementing Antidumping Measures——Reflection on the Document Forgery Case of White Feather Broilers from the Country of Origin

LI li,LIU Qichao

2016, 35(3): 35-41. doi:10.16388/j.cnki.cn42-1843/c.2016.03.005

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Will the Heterogeneity of Earnings Management affect Managers’Salary-performance Sensibility?——A Study Based on the Function of Internal Control and Governance

HU Yaodan

2016, 35(3): 42-50. doi:10.16388/j.cnki.cn42-1843/c.2016.03.006

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Farmers’Differentiation，Their Individual Endowment， and Their Preference of Elderly Life Support——An Empirical Investigation in Three Cities and Five Rural Districts

WEI Hongyao

2016, 35(3): 51-58. doi:10.16388/j.cnki.cn42-1843/c.2016.03.007

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Boorist Poetry：Wandering in the Shadow of Beat Poetry

BAI Jie

2016, 35(3): 59-67. doi:10.16388/j.cnki.cn42-1843/c.2016.03.008

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China’ s“Boorist”contemporary new poetry was genetically affiliated to America’ s Beat Poetry. During the middle of the 1980s when they stepped into the poetry circle，the Booristpoets could both absorb Today Poetry’ s spiritual factors from Mist Poetry and underground writings of the Cultural Revolution and also widely get in touch with the large amount of translated Beat literature. From the poems，Li Yawei as a sample，one could clearly see the pull of the Beat Poetry on their change of styles. Bearing the powerful radiation of the Beat Poetry，Boorism presented the ethos and art forms that were entirely different from the traditional poetry and became the pioneer of the third-generation-poetry movement. But only after a few years，it declined and disintegrated and was unable to take the lead in the circle of the Pioneer Poetry. Its niduses lie in two aspects：the replacement of writing practice by consciousness of action and the thinning of humanistic ideals by youth passion；vicious expansion of the Cultural Revolution memories. Before it could establish its active desire of construction，Boorismwas cornered to the pole of sabotage and destruction by the two forces com? bined.

Philosophical Vision and Maternal Love——The Uniqueness of Zheng Min’ s Poetry during the 1940s

QIU Jinghua

2016, 35(3): 68-75. doi:10.16388/j.cnki.cn42-1843/c.2016.03.009

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It is generally agreed that Zheng Min has inherited FengZhi and Rilke’ s tradition of mixing philosophy into poetry and uplifted the tradition to a metaphysical height. But，this simplified generalization fails to reveal Zheng’s uniqueness and richness.Since she was a student，she has never tried to confine herself to the ivory tower and stay away from realities；on the contrary，the internationalized education of and the wisdom of the great academic masters at Southwestern Associated University cultivated young Zheng’ s concern about the destiny of the human beings and her philosophical vision. After graduation，her job of international news translation gave her opportunities to observe and reflect on important historical events happening in the world and to give her response in the form of poetry. Her sonnets，which were filled with philosophical vision，maternal love，and feminine feelings and imagination，constitutes her poetic uniqueness during the 1940s. Careful perusal of Zheng’ s sonnets will help readers understand the process of the formation and development of their uniqueness. Zheng’ s early poems，as they did not reflect the Anti-Japanese War，were not quite accepted and appreciated by her contemporaries，but their concern about human beings’common destiny and expectation of world civilization have been gaining the recognition of history and time. Zheng Min herself is also a welldeserved poet prophet.

Monolingualism of the Other：Space，Language，and Literary Creation——Yan Liank， A Lai，Dung Kai-cheung， Ng Kim Chew， Xiaolu Guo as examples

Carlos Rojas

2016, 35(3): 76-81. doi:10.16388/j.cnki.cn42-1843/c.2016.03.010

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Geographic space and language appear to have a very close relationship with one another，in that many regions have their own distinction language or dialect，and generate distinction language or discursive communities. Naturally，we often categorize literature by national or regional tradition，and feel that a nation or geographic region can play a determining role in shaping a literary work. At the same time，we often assume that each nation or geographic region has“its own”language or tradition，and the literature that most effectively represents a nation or a region is that which is written in the nation’ s or region’ s own language. However，Jacques Derrida reminds us that there is no inherent link between language，region，and identity. Therefore，in this paper we will use region and language to explore the relationship between ethnicity，identity，and literary taxonomy. From central China to the Chinese diaspora，from Yan Lianke to Xiaolu Guo，this paper will use five examples from contemporary Chinese literature，to argue that each author，in their own works，emphasizes a sense of alienation with respect to their own language. This sense of linguistic alienation represents a sense of alterity within the community itself—and this alterity is not only a reality that every community must face，but furthermore it is a necessary condition on which the community itself is predicated. In addition，although language and geographic region are often intimately tied to one another，and works of regional literature often emphasize the the language or dialect associated with that region，however，language is never a unitary entity，but rather it is a collective creation. Therefore，in this respect，a regional literary work is always at the same time necessarily a transregional literary work.

From Confinement to the Open——On Lin Bai Novels’ Consciousness of Geographical Space

XIAO Min

2016, 35(3): 82-86. doi:10.16388/j.cnki.cn42-1843/c.2016.03.011

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Corporation-styled Management of Art Performing Troupes under the System of the Public Sector——Theoretic Basis，Practical Logic，and Policy Orientation

CHEN Geng

2016, 35(3): 87-93. doi:10.16388/j.cnki.cn42-1843/c.2016.03.012

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How the Research of Chinese Culture in the New Century Will Meet Challenges from Three Aspects——The Inspiration of Sinologist Dirk Bodde’ s Lecture Note

LI Hao

2016, 35(3): 94-101. doi:10.16388/j.cnki.cn42-1843/c.2016.03.013

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The research work of Chinese culture in the 21st century is facing challenges from three aspects: academic history，historical literature，and the international academia. The insight and overlooking of“What and Why in Chinese Civilization”，the lecture note by well-known American Sinologist Dirk Bodde，give us both positive and negative inspirations:confronted with unprecedentedcolossal historical literature and academic resources，researchers should have the courage to reexamine and reflect on those seemingly self-evident“common sense”，challenge the rationality of the so-called“presuppositions”， “basis”，and“preconditions，recheck the multiple facets that were ignored in the past，and constantly renew and enrich their recognition of important cultural hypothesis；when utilizing classic literature，they should pay full attention to the constructive process ofits adjunction，rheological deformation，generation，classicization，and filiationso as to ensure that their adduction of proof and presentation of argument are scientific；and domestic academic circles should acquaint themselves with foreign Sinologists’fields of vision，angles，approaches，and methods in their research work and simultaneously take care of their“deconstructive”and“subversive”tendencies，keeping alert against the adverse effectscaused by conscious and unconsciouspossible misinterpretations.

On Ethical Education with Humanity as its Top Priority

YANG Chuanlin

2016, 35(3): 102-109. doi:10.16388/j.cnki.cn42-1843/c.2016.03.014

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A Restudy of Confidence in Ideological and Political Education： Problems and Countermeasures

GAO Ming,LU Wei

2016, 35(3): 110-115. doi:10.16388/j.cnki.cn42-1843/c.2016.03.015

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