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Table of Content

    15 December 2023, Volume 42 Issue 6
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    CONTENTS
    2023, 42(6):  2-4. 
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    Criminal Law Regulation and Reasonable Boundary of APP Infringement of Personal Information
    HUANG Chenchen
    2023, 42(6):  5-19.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.001
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    The natural attribute of APP，with opposing dual functional orientations，makes the game of personal information protection and utilization ever more obvious. Therefore，a balance between them should be maintained. Malicious APPs and unauthorized APPs，without users’consent and in the case of meeting other requirements，constitute the crime of infringing citizens’personal information. Formatted authorization and the“either you accept or you leave”type of authorization to provide services that are not essential to people’s livelihood do not affect the validity of users’consent；the“either you accept or you leave”type of authorization to provide services that are not essential to people’s livelihood is enough to suppress users’freedom of will，and the consent is invalid. After the consent is withdrawn，the APP operator’s refusal to stop processing information is an“unauthorized”situation；the broad sense of “acquisition”includes the initial action of obtaining information and the subsequent behavior of holding it.Hence，the APP operator’s behavior of refusing users’deletion application and continuing to hold information is“illegal acquisition.”In order to avoid the excessive expansion of the radius of criminal evaluation and the excessive use of criminal sanctions，while stressing the application of the crime of infringing citizens’personal information，attention should also be paid to the causes of criminalization，including the processing of anonymized information，the informed consent of users，the processing of open information，and the maintenance of public interests.
    Research on Criminal Justice Protection of Data Assets：Focusing on Property-oriented Protection
    WANG Yibing
    2023, 42(6):  20-29.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.002
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    The propertilization of data assets has not been paid sufficient attention in judicial practice. The effective property-based protection of data assets within the existing criminal law framework is a top priority. Data asset，in a narrow sense，is big data asset，which refers to the big data resources that can be owned or controlled in digital form by a specified entity，that can be measured in money after data processing，and that can bring direct or indirect economic benefits. Data asset is formed and plays it role when it is taken as a resource，asset，and then commodity. When it is taken as a resource，according to the“right bunch”theory，data collectors should fully respect the legitimate exercise of data producers’rights and interests of personal information. When it is taken as an asset，data asset can take the path of property right protection at the same time，and become the object of property infringement crime. When it is taken as a commodity，it is necessary for the criminal law to fully protect the credit of data trading market. Therefore，the criminal judicial protection of data assets should focus on promoting the effective operation of the criminal compliance system in the process of data resource utilization，solve the component problem of property crime in the capitalization process，and punish the dishonest behavior of relevant parties in the commercialization process.
    Regional Disparity，Dynamic Development，and Spatial Agglomeration of Common Prosperity Level in China
    WEI Hongyao，LE Xinting，ZHOU Chunxi
    2023, 42(6):  30-42.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.003
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    Achieving common prosperity is the essential requirement of socialism. A common prosperity index system can be construct from the three dimensions of development，sharing，and sustainability. The regional disparity，dynamic evolution，and spatial concentration of China’s common prosperity levels in the period from 2007 to 2020 are measured by using the Dagum Gini Coefficient，Kernel Density Estimation，and Moran Index methods. It is discovered that in the designated time span，the overall level of common prosperity in China was low but growing；the index of sharing was the largest，followed by the index of development，while the index of sustainability became the smallest after 2015 and its growth has stagnated in recent years. There were obvious regional differences in terms of common prosperity，yet showing a narrowing trend，and inter-regional difference was the main source of overall differences. The absolute differences of common prosperity and sharing also followed a decreasing trend，but the absolute differences of development and sustainability were widening. The spatial agglomeration of common prosperity is evident，with the agglomeration of sharing index the most prominent，followed by those of development and sustainability. Therefore，we should bolster common prosperity through high-quality development，attach importance to the sustainability of common prosperity，strengthen inter-regional exchanges and cooperation，and promote the coordinated development of common prosperity among regions in light of local and current conditions.
    Debt Risk Measurement，Regional Disparity，and Distribution Dynamics of China’s Local Governments
    LI Cheng ，ZHAO Qianqi
    2023, 42(6):  43-55.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.004
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    By the no-arbitrage approach，the default probabilities of China’s 31 provinces in the 2015—2020 period are calculated based on the credit spreads and bond rates of the local government bonds. By the Dagum Gini coefficient and its decomposition method and the kernel density estimation method，the regional disparities of local governments’debt risks are empirically analyzed. The results are as follows：in the designated period，the overall local governments’debt risks present an inverted U shape trend，with the regional debt risk gap gradually narrowing；the source of the regional disparity of local governments’debt risks is the cross and overlap of regional debt risks；and that the debt risk gap among provinces in the eastern region fluctuates the most，the gap in the central region gradually narrows，and the gap in the western region remains basically unchanged. The findings reflect not only the effects of fiscal decentralization，official promotion incentives，urbanization，soft budget constraints，land finance and taxation，but also the influence of regional coordination and factor flow；they also disclose the large interregional risk spillover effect and the irrational pricing and allocation of bonds. In terms of policy，from the perspective of domestic great circulation，attention should be paid to the characteristics of debt risk gap within and between different regions， the market-oriented pricing of government bonds should be promoted， the allocation of debt quotas for less developed regions should be increased， and the collaborative governance between different regions should be strengthened.
    Modern Poetics：The“Isotope”Effect of Text
    CHEN Zhongyi
    2023, 42(6):  89-98.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.008
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    There are some similarities and differences between poetics and chemistry，like the“isotope”phenomenon. The derivative changes of poetic texts are just like those of chemical isotopes（allotropism，isomerism）. In the retention/inversion of poetic quality，the“transfer”from the pastoral mode to the urban mode has occurred，which may be the positive realization of poetic meaning or the unfortunate consumption exchange of poetic nature. In the integration/divergence of experience，ancient and modern texts are compared to highlight the contest between different texts and showcase the vitality of individual texts. In the translation/flip of language，the great poetic potential of Chinese language is revealed，and the fact that classical Chinese poetry and modern poetry are two different types of poetry is also established. In the continuation/competition of poems with the same title，the essence of analyzing the performances of poems with the same title，whose number is on the rise，is to build a competitive text arena to test the comprehensive strength of poets. To sum up，over-protection of the isotopic elements of conventional texts and solidification of homogeneity will lead to a kind of poetry that is rigid，aging，inactivating，and patterned； yet， long-term indulgence in differential experiments of differentiation， anomaly，heteromorphism，and isomerism will also increase the probability of losing control.
    The Wailing Chant of“Inner Life”：The Late Style of Changyao’s Poetry
    WAN Chong
    2023, 42(6):  99-107.  doi:10.16388/j.cnki.cn42-1843/c.2023.06.009
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    In the late stages of his life，Changyao keenly felt the“inner life”，a pure naked life between life and death，and created a unique expression—wailing chant. Changyao’s late wailing chants almost break through the meaning boundary of language. They are poetic creations at the sound level，and inject a compassionate tone of suffering into modern Chinese，making language a monument for carving and remembering life；they provide a linguistic salvation for the suffering of life. The late style of Changyao’s poems can be deeply analyzed from the perspective of writing mechanism，tone characteristics，and poetic significance. Such analysis can not only solve the riddles of language and form in Changyao’s late writing，deeply delve into the gain and loss of his creation，but also provide a useful reference for establishing a benchmark and standard of modern Chinese poetry.