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Table of Content
15 June 2019, Volume 38 Issue 3
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CONTENTS
2019, 38(3): 2-4.
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A Jurisprudential Thought on“New Rights”
YAN Cunsheng
2019, 38(3): 5-12. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.001
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Evasion of Law：the Concept and its Essence in the Private Law：Legislative Choice During China’s Compilation of Civil Code
ZHANG Xin
2019, 38(3): 13-23. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.002
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Through over a thousand years’evolution，the concept of evasion of law，which originates from the Roman Law，has fully embodied an interaction between legal interpretations. It has broad and narrow senses. The broad sense refers to the litigant’s achievement of the same or similar economic goal，which can normally be achieved by violating the law or by satisfying certain legal requirements，though actions that do not violate the standard textual meaning of bans or through actions that do not accord with standard legal content；the narrow sense has an additional violation of normative intention. Evasion of law lacks legislative legitimacy in China’s civil code. It is impossible and unnecessary to become an independent legal system，the preconditions of which are that its constituent elements and legal effect can be established. Evasion of law is not sufficient to become a legal regulation；it can only be a description of an objective phenomenon. With this phenomenon，the law users must examine whether the goals of the existing legal norms can be implemented，that is，use analogy to examine if there are legal loopholes and fill up them to achieve the legislative goals while properly responding to evasion of law.
A Study of Obtaining Evidence from Abroad in Civil and Commercial Cases from the Perspective of Civil Procedure Law
CAO Jia，PU Chang
2019, 38(3): 24-33. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.003
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With the surge in the number of foreign-related cases，obtaining evidence from abroad in civil and commercial cases has increasingly become an issue. It is essentially part of the system of evidence collection in civil lawsuits and China’s civil procedure law should make basic provisions for this.Generally，the United States and the EU respectively represent two different basic models. The former fully implements the basic spirit of the adversary system，while the latter is based on the authority principle.With reference to these two basic models，China should combine the strengths of the two. While requiring that the litigant should obtain evidence from abroad，the court must also do so through ways of judicial assistance. When constructing the system of obtaining evidence from abroad，it is necessary to proceed from both procedural and evaluative norms. They are the two sides of a coin and they both contribute to the entire system.
Analysis of Wage Differences Between Ethnic Minorities and the Han Majority among Migrant Workers
XIE Yong，WANG Pengfei
2019, 38(3): 34-40. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.004
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The number of migrant workers from ethnic minorities has gradually increased in recent years，and the issues of their wage levels and their rights for equal payment have caused the society’s wide attention. Research has shown that their hourly wage is 4.07% significantly lower than the Han migrants’，but with the increase of the wage quantile，the gap shows a significant trend of reduction；especially，at the top of the wage divisions，there is even no significant ethnic differences. Analysis based on Oaxaca-Blinder and Melly methods further finds that the 62.31% of the wage difference between ethnic minorities and the Han can be explained by the difference between the two’s individual endowments；with the increase of the wage quantile，the rate of wage differences that can be explained by individual endowment also rises. Therefore，to increase the ethnic minorities’wage level and protect their legal rights，labor law enforcement must be strengthened and measures should be taken to enhance their level of education so as to reduce the differences.
The Impact of Non-agricultural Employment and the Choice Basic Medical Insurances on Agricultural Land Transfer
LI Mengna，ZENG Yimeng
2019, 38(3): 41-48. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.005
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A Study of the Elderly People’s Different Circumstances about Physical Examinations in Shanghai and Policy Proposals
WANG Chunlan，LIU Luxue
2019, 38(3): 49-55. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.006
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The scientific identification of the elderly people’s differences in their consciousness of health and behaviors towards health is fundamentally important for the provision of targeted public health services in an aging society. This paper，through a survey of 625 questionnaires collected in Shanghai，has analyzed the different behaviors towards regular physical examinations of the elderly people of different ages，genders，living conditions，social and economic statuses，rural or urban locations，and registered residences. The result shows that differences are obvious among the elderly of various social and economic properties about whether to take regular physical examinations，time intervals，and source of fees. In China’s current market- oriented reform of the healthcare system，the privileged social groups enjoy relatively better healthcare services and protections. In order to generally enhance the level of health among the elderly people and alleviate inequality in healthcare service，the paper recommends that differentiated measures are taken based on income or medical insurance in making policies for free physical examinations.
“Historical Consciousness”and Poetic Studies“Neutral Posture”：A Summery of 2018 China’s New Poetry Studies
ZHANG Kaicheng
2019, 38(3): 56-62. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.007
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Rebuilding Utopia of Poetics and Criticism：the Exploration of Jianghan Academic’s Ministry of Education Famous Column“Modern Poetry Studies
LI Haiying，SHAO Yingying
2019, 38(3): 63-67. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.008
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Transcendertality of Xi Jingping’s Thought on Socialism with Chinese Characteristics for a New Era：An Investigation into the Dimension of Chinese Traditional Justice Culture
LUO Lianxiang
2019, 38(3): 68-73. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.009
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Using Marxism to Reshape Chinese Philosophy：Zhang Dainian’Thought about the Crisis and Conversion of Chinese Classical Philosophy
Chen Song
2019, 38(3): 74-79. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.010
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The Debate on Social Theories Between Scientific and Metaphysical Schools：Free Will and the Law of Causation
JIA Jirang
2019, 38(3): 80-85. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.011
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Cultural Publishing Companies’Competitiveness from a Regional Perspective：A Case Study of Hubei Based on Statistical Data of 31 Provinces and Municipalities
XU Junwu，LV Yamei
2019, 38(3): 86-93. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.012
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The Relationship among Institutional Environment，Political Connection，and the Quality of Private Enterprises’Internal Control
NIU Xiuli，LUO Jian
2019, 38(3): 94-99. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.013
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A Multidimensional Analysis of Chinese Register Variations：Based on an Investigation of 72 Linguistic Features from 17 Corpora
LIU Yanchun
2019, 38(3): 100-110. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.014
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A Multi-feature Metrological Comparative Study of Language Used in Sports News on the Two Sides of the Taiwan Straits
XU Lei，LI Quan
2019, 38(3): 111-118. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.015
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Based on the 320，000-character language data from United News Network’s Sports Column and People’s Network’s Sports Column，using Biber’s multi-feature and multi-dimensional method and Antconc，Debug，and Microsoft Access software，this paper has made a metrological comparison of features of language used in sports news coverage，features that include standard form/time ratio，lexical density，word frequency coverage，high-frequency words，low-frequency words，distribution of parts of speech，word length，sentence length，and sentence types. The result reveals that the two networks are highly common in lexical density，high- frequency words，distribution of parts of speech，length of phrases，and distribution of full sentence lengths，presenting the timely and accurate characteristics of news. They differ considerably，however，in standard form/time ratio，low- frequency words，word frequency coverage，word lengths，full sentence lengths，and sentence types. The United News Network has more abundant word forms and tend to use more medium- and low-frequency words. Compared with the People’s Network，its frequent use of monosyllabic words reflects some color of colloquialism and add more liveliness to its sports news. The United News Network’s longer sentences convey more effective messages；the People’s Network’s shorter sentences give a more balanced and organized expression of messages. Both of them mainly use declarative sentence，which is the typical linguistic feature of the news style.
On Ideological Unity of Lv’s Spring and Autumn Annals
Xia Shihua
2019, (3): 119-124. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.016
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This article explores the ideological unity of Lv‘s Spring and Autumn Annals《吕氏春秋》and also its ideological tenet and textual structure. The sequence of Eight Readings《八览》，Six Expositions《六论》，and Twelve Periods《十二纪》that are recorded in Historical Records《史记》reflects the order in which Lv’s team compiles the annals. The three parts function differently. Eight Readings gathers Pre-Qin Period‘s political and ideological resources and criticizes the advantages and disadvantages of Qin’s reign；Six Expositions further expounds on the basic principles of ideal politics；and Twelve Periods is the ultimate objective，which designs a framework of laws and rules for the new Qin dynasty and explains its ideological foundation. The compilation of Twelve Periods relies on the then popular taiyi-centered（ North Star）theory of qi universe and expresses a unity of ideologies. The theory mainly inherits and integrates the ideological achievements made during the middle and late period of the Warring States.
Exploratory Study of the Form and Language Skills of Nie Gannu’s Old-style Poetry
ZHOU Jianmin
2019, (3): 125-128. doi:
10.16388/j.cnki.cn42-1843/c.2019.03.017
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