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《中国社会科学英文版》季刊 2017年 第3期

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  • 出版日期2017-08-22
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  • ISBNCN11-1335/C
  • 页数204页
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  • 关键词《中国社会科学英文版》季刊,2017年,第3期
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The Chinese Logic of Consultative Governance

  Wang Yan a and Wei Chonghui b

  a Research Center for the Theoretical System of Socialism with Chinese Characteristics of Jiangsu

  Province; Shanghai Jiao Tong University

  b College of Humanities and Social Sciences, Nanjing University of Aeronautics and Astronautics

  Abstract:Contemporary China needs to change from a Western to a Chinese-style governance discourse so as to form and explore a consultative governance discourse with Chinese characteristics. This is profoundly evident in the following: the Marxist philosophy of the state is the theoretical premise of contemporary Chinas consultative governance; traditional Chinese thought on governance and practice are the soil in which contemporary Chinese consultative governance grows; socialism with Chinese characteristics is the realm in which contemporary Chinese consultative governance exists; the masses under the leadership of the CPC are the necessary subjects of contemporary Chinese consultative governance; and the target of contemporary Chinese consultative governance is a multi-layered and diverse existence. Realization of national governance through consultative democracy is the basic form of contemporary Chinese consultative governance; the balanced development of public, collective and individual interests is the basic objective of contemporary Chinese consultative governance; the basic principles of contemporary Chinese consultative governance are equality, inclusiveness and peace; and the criteria for assessing contemporary Chinese consultative governance are authority, consensus, institutions and the rule of law. Guided by the Marxist view of the state, rooted in the tradition of Chinas fine political culture, and founded on the theoretical and practical claims of socialism with Chinese characteristics, socialist consultative governance with Chinese characteristics constitutes the Chinese form of contemporary governance theory.

  Keywords: consultative governance, governance theory, applicability in China, the Marxist philosophy of the state

China and the Remolding of International Human Rights Norms

  Yuan Zhengqing a, Li Zhiyong b and Zhufu Xiaofei c

  a and c Institute of World Economics and Politics, Chinese Academy of Social Sciences

  b School of International Relations, University of International Business and Economics

  Abstract:The life cycle of international norms is not actually a process of emergence, diffusion and internalization. As is shown by the logic of argumentation and the relational logic of process- oriented constructivism, the development of international norms may take another approach, one of origination, diffusion and remolding. Through dialogues on norms, discourse critique, self-remolding and other means, China has enriched the practice of remolding international human rights norms with a human rights theory centered on the right to survive and develop, thereby providing a new approach and new angle of vision that allows non-Western countries to break away from the monist approach of norm development.

  Keywords: norm remolding, human rights, logic of argumentation, logic of relationships

 

An Analysis of Japans Interpretation of History over the Seven Postwar Decades

  Han Dongyu

  School of History and Culture, Northeast Normal University

  Abstract:During the seven decades since the war ended, Japan has undergone changes of direction involving group expressions of regret, accompanied by the intellectual soul- searching of quite a few academics. Ultimately, however, the country has been unable to complete the transformation of its political values. Its consciousness of superiority, dating back to the Meiji era, and its dream of being restored to the status of a normal country have distorted Japans idea of the war and its interpretation of history. As a result, at the critical postwar moment when Japan most needed to develop a truthful view of its history, its national will expressed itself in the rejection of this possibility. Japan has manufactured Sino-Japanese friction and manipulated the United States, on the pretext of a supposed China threat into relaxing the constraints upon Japan, and has attempted to abandon the thought and deeds of the postwar international order. Not only has this repeatedly subverted the standards by which the international left and right assess Japan; it has also once again placed the Asia-Pacific region in a precarious position.

  Keywords: postwar Japan, interpretation of history, Meiji era, normal country, left and right

Judicial Credibility in the We-media Era: Rationality, Constituent Elements and Construction

  Hu Ming

  Guanghua Law School, Zhejiang University

  Abstract:We-medias influence on judicial credibility has become increasingly apparent in the changing modes of information communication. Interpretation of a sample of influential lawsuits in the light of reason will reveal the core elements shaping the publics judgements on criminal cases, including both internal elements centering on trust, reputation and interaction and external elements centering on transaction costs. Our quantitative assessment of the role of trust, reputation and interaction in the publics views on criminal justice plus a comparison of the differences between their understanding and that of grassroots legal officials reflect the fact that underlying these rational choices is the clouding of judicial credibility due to contravention of the rules of justice. If we are to build judicial credibility, it is essential that we establish a sound relationship between the public and the criminal justice system, a relationship based on upholding the idea of rule of law and respecting the rules of justice.

  Keywords: we-media, judicial credibility, rational choice

An Analysis of the Legal Attributes of Human Dignity

  Hu Yuhong

  Kenneth Wang School of Law, Soochow University

  Abstract:Human dignity arises from the dignity and respect people enjoy as members of the human community. The law decrees that human dignity does not involve approbation of someones external qualities; rather, it is the acknowledgement of equal status. Human dignity is not determined by positive law, but is above positive law, belonging to the category of preexistent norms that exist independent of positive law. Such norms form the basis for integrating legal systems. These permanent norms cannot be amended at will; they represent the general ethical principles of modern law. Human dignity is not a matter of rights or basic rights; rather, it represents ones position in society and equal legal status before the law. Many normative laws in China directly define humanity dignity, and affirm the guaranteeing of human dignity as the primary task of the state. Human dignity is related to peoples survival and livelihood; thus a material foundation for the realization of dignity can be provided by providing material assistance and improving public services.

  Keywords: human dignity, legal status, legal ethics, legal position, legal rights

The Antinomy of the Financialized World and the World of Spirit

  Zhang Xiong

  School of Humanities, Shanghai University of Finance and Economics

  Abstract:The financialized world of the 21st century is a world marked by a high degree of economic rationality, secularism and value commensurability. Profit-driven financial voluntarism is spreading everywhere, leading directly to the financial internalization of individual lives and the decline of the holistic spirit in human life. World development is inseparable from financial innovation, but the present financial system has diverged from its true nature. Undeniably, capitals innate quest for surplus value has not changed since Marxs times, nor have its essential social relations or the leverage effect of capital in wealth creation. However, the 21st century has seen a great change in the development of the logic of capital: driven by the global capital financial system, it has become more abstract, overriding regional boundaries. Its subject orientation is heterogeneous and diverse, while its operating mode is virtual and enigmatic. In particular, as instrumental rationality has become more intelligent, the mental dimension of capital has become more subjective. An interpretation of the financialized world from the point of view of phenomenology of spirit reveals the underlying issue of the alienation of mans spirit from his objectified world in the 21st century, and thus offers food for thought at the level of spirit for the objective understanding of the category of capital in the 21st century.

  Keywords: financialized world, capital, internal negativity, holistic spirit

School Socioeconomic Segregation and Educational Expectations of Students in Chinas Junior High Schools

  Wu Yuxiao a and Huang Chao b

  a and b School of Social and Behavioral Sciences, Nanjing University

  Abstract:Chinas educational enterprise has achieved great successes since reform and opening up in 1978, but the constraints imposed by a number of factors mean that the problem of unequal distribution of high quality educational resources among groups from different strata is becoming increasingly noticeable at the basic education stage, leading to socioeconomic segregation in schools. We utilize baseline data from the China Education Panel Survey for 2013-2014 to investigate this phenomenon in junior high schools and its influence upon students educational expectations. Our findings show that marked segregation currently exists at the junior high school level. The extent of the segregation varies from region to region and place to place (urban or rural), and school socioeconomic composition (SEC) exerts a significant influence upon students educational expectations. The higher the schools average SEC or the greater its heterogeneity, the higher the educational expectations of its students. The effect of school SEC upon the educational expectations of students varies depending on the characteristics of different student groups; students who have lower cognitive abilities and fall behind at school are more likely to benefit from an increase in school socioeconomic status (SES) and heterogeneity. Because educational expectations are a decisive factor in academic achievement and educational attainment, the influence of school socioeconomic segregation upon educational equity should not be overlooked. Lessening the degree of school socioeconomic segregation and encouraging integrated schools would be an effective measure for ensuring educational equity in China.

  Keywords: school socioeconomic segregation, socioeconomic status (SES), educational expectations, educational equity

Innovation and Development of Social Structure of Accumulation (SSA) Theory: A Discussion with Lü Shoujun

  Ma Yan a, David Kotz b and Terrence McDonough c

  a School of Economics, Shanghai University of Finance and Economics

  b University of Massachusetts Amherst

  c National University of Ireland, Galway

  AbstractThe social structure of accumulation (SSA) theory is one of the important schools of Western Marxist economics, but Chinas theoretical circles do not fully understand its developmental path or its latest research findings. This is reflected in the comments about the SSA School in Lü Shoujuns paper, Grasping Intermediate-Level Analysis of Contemporary Capitalism: The Evolution of the French Regulation Schools Theoretical System. We need to give a clearer explanation of the relation between SSA theory and the French Regulation School. In particular, we need to review the major innovations and developments in SSA theory in recent years, including its theoretical analysis of the 2008 financial crisis, of sustainable SSA (SSSA) theory, and of China SSA (CSSA) theory.

  Keywords: SSA theory, French Regulation School, innovation and development

SPECIAL ISSUE: RULE OF LAWCHINA AND THE WORLD

  Liu Peng

  Law School of Renmin University of China

International Rule of Law and Rule of Law Construction in China

  Zeng Lingliang

  AbstractThe rule of law has international as well as domestic attributes, so it can be divided into two levels: the domestic rule of law and the international rule of law. Using the thinking behind the international rule of law to build the rule of law in China is both necessary and inevitable. China should put into practice the idea of the international rule of law at the institutional and the governance levels, and should at the same time participate in the UNs rule of law activities and in international rule-making, thereby extending its rule of law discourse power and influence in the international sphere.

  Keywords: the rule of law, the domestic rule of law, the international rule of law, the thinking of international rule of law, rule of law construction in China

International Law as the Law of Domestic Governance: Chinas Propositions and Institutional Practice

  Gu Zuxue

  School of law, Zhejiang Gongshang University

  AbstractLike domestic law, international law can be used in domestic governance, where it can become an important instrument assisting Chinas Party and government to rule the country and manage state affairs. Incorporating part of international law into domestic law and comprehensively advancing the rule of law in accord with the principle of national sovereignty demonstrate the openness and international vision of Chinas rule of law construction. Translating these propositions into concrete institutional practice will be of vital significance for improving the socialist rule of law with Chinese characteristics, advancing the international rule of law and promoting world peace.

  Keywords: international law, governing the country under rule of law, acceptance of International Law, application of international treaties

The Chinese Expression of the International Rule of Law

  He Zhipeng

  School of Law, Jilin University

  AbstractThe Chinese expression of the direction and progress of the international rule of law is an important part of showcasing Chinas stand and ideas in international relations, and serves as a major interactive link between the Chinese rule of law and the international rule of law. The progress of the international rule of law rests on the active, full and effective expression of various countries including China, so that it can become more just and rational. In order to express itself explicitly and effectively, China needs to participate actively in the practices of international rule of law, in a bid to expand its horizon, enlist public support, and obtain opportunities.

  Keywords: international rule of law, Chinese claims, Chinese expression, world order

International Rule of Law and Methodological Innovation

  Zhao Jun

  Guanghua Law School, Zhejiang University

  AbstractThe practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a States motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand rehearsal chance for the process of the rule of law to grasp the pros and cons in the planning and practice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.

  Keywords: international rule of law, methodology, dogmatics of law, economics of law, sociology of law, experimental method

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