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    Scientific and Technological Philosophy
    What Is “Enhancement”? A Perspective Comparing Bioconservatism and Transhumanism
    HU Zhenni
    2024, 26 (1):  1-8.  DOI: 10.15936/j.cnki.1008-3758.2024.01.001
    Abstract ( 249 )   HTML ( 38)   PDF (953KB) ( 294 )  
    The ethical discussion on human enhancement technology faces difficult problems in defining the concept of “enhancement”. Different understandings of the concept of “enhancement” directly affect people's attitudes towards this technology, and form two groups: bioconservatism and transhumanism. Both sides give their own moral justifications based on the views of mainstream ethics such as deontology and consequentialism. A critical examination of the two main groups reveals that there is a fundamental divergence between bioconservatism and transhumanism, not only in how the concept of “enhancement” itself is defined, but also in the philosophical paradigms and research approaches they follow in defining it, i.e. different answers to the questions about the relationship between human beings and technology, technology and ethics. By comparing the different theoretical strategies adopted by the two in dealing with the crisis of transhumanism revolution, we can see the theoretical advantages of transhumanism that adhere to the “internalism” approach at the ontological and epistemological levels.
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    Measurement of Opportunity: The Rationality Defense of Social Egg Freezing
    LIU Guanhe
    2024, 26 (1):  8-16.  DOI: 10.15936/j.cnki.1008-3758.2024.01.002
    Abstract ( 193 )   HTML ( 10)   PDF (990KB) ( 269 )  
    Social egg freezing is a rational choice for women to preserve their reproductive ability. It fundamentally aims to realize the preservation of reproductive opportunities. As far as women's reproductive behavior is concerned, they are often faced with unfavorable situations from the fertility law, subject identity and social structure, which will lead to the double imprisonment of “internal and external factors” in the process of reproductive selection. In this regard, some women hope to set up “reproductive insurance” for them by social egg freezing, so as to realize their main demands of “free choice of fertility”, “relief for loss of reproductive opportunities”, “protection of equal reproductive opportunities” and “maintenance of reproductive dignity”. Based on this, we will defend the rationality of social egg freezing from the perspective of liberalism, the protection of legal rights, humanistic care and external experience. However, social egg freezing may also lead to a series of social risks, such as the commercial use of egg freezing, the objectification of women, disputes over egg freezing right ownership and social structure stratification and other practical concerns. Therefore, it is necessary to set necessary limits on social egg freezing behavior, carry out value guidance and technical regulation, and ultimately establish an ethical and legal framework for social egg freezing risk control.
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    Economics and Management
    Research on the Influence of Capital Market Liberalization on Corporate M&A Financing: Based on Multi-period Difference-in-Difference Experimental Evidence of “Mainland-Hong Kong Stock Connect”
    YAO Haixin, DU Xinyu, ZHANG Xiaoxu
    2024, 26 (1):  17-30.  DOI: 10.15936/j.cnki.1008-3758.2024.01.003
    Abstract ( 190 )   HTML ( 10)   PDF (1094KB) ( 207 )  
    The “Mainland-Hong Kong Stock Connect” policy is an important step in the opening of China's capital market. Using this exogenous event and taking the Shanghai and Shenzhen A-share M&A events from 2010 to 2019 as samples, this paper uses the multi-period Difference-in-Difference method to test the impact of “Mainland-Hong Kong Stock Connect” on corporate M&A financing. The results show that the connect can reduce the cost of equity and debt financing, expand the scale of external financing and alleviate the financing constraints. And this effect is more significant in undiversified M&A and in non-relevance corporations. By further exploring the influence mechanism of “Mainland-Hong Kong Stock Connect” on M&A financing, this paper finds that the policy alleviates the M&A financing problems of corporates through two ways: improving the information environment and strengthening the governance effect. Therefore, M&A corporates should respond to the “Mainland-Hong Kong Stock Connect” policy positively so as to introduce more mature foreign investors and improve the efficiency and effect of M&A.
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    Study on the Time Trend of the Income Redistribution Effect of Indirect Tax Incidence: Evaluation of Input-output Price Model Based on Tax Reduction and Fee Reduction Period
    YANG Zhian, FU Zhenggan
    2024, 26 (1):  31-42.  DOI: 10.15936/j.cnki.1008-3758.2024.01.004
    Abstract ( 136 )   HTML ( 5)   PDF (1076KB) ( 158 )  
    To ensure the improvement of fiscal policy effectiveness, it is necessary to accurately evaluate the distribution of beneficiaries and income distribution effects of indirect tax reform. Based on the micro data of CFPS from 2012 to 2020, an input-output tax price model is constructed to study the temporal trend of the income redistribution effect of indirect tax incidence. The results show that the expansion of value-added tax, the separation of tax items, and the reduction of general tax rates have significantly reduced the effective tax burden of indirect taxes on overall residents, especially low-income groups, and improved the level of social welfare. The K index of indirect tax and tax distribution is negative, and during the process of tax reduction and fee reduction, the structural adjustment of the tax system weakens its regressiveness. Indirect taxation has a reverse regulated income redistribution effect, but the overall effect of indirect taxation has improved from -5.45% to -2.27% at this stage, with improvements in horizontal fairness and vertical fairness. Based on this, suggestions are proposed to pay attention to the fairness of initial distribution, continue to implement tax deductions and refunds, and optimize indirect tax rates and tax items, etc. to leverage the advantages of the fiscal revenue system with indirect tax as the main body.
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    Colleagues' Extra Effort, Employees' Performance Goal Orientation and Work Outcomes: The Moderating Role of Organization-based Self-esteem
    ZHAO Chen, LIN Chen, ZHOU Jinlai
    2024, 26 (1):  43-53.  DOI: 10.15936/j.cnki.1008-3758.2024.01.005
    Abstract ( 174 )   HTML ( 4)   PDF (1103KB) ( 350 )  
    Colleagues' extra effort is an important factor in triggering workplace social comparisons and influencing employee behavior and attitudes. Based on social comparison theory and from the perspective of others, the research methods of scenario experiments and two-point questionnaire survey were used to explores the mechanism of the effect of colleagues' extra effort on employee performance goal orientation, work engagement, and job burnout. The results show that colleagues' extra effort affects employees' performance-approach goal orientation and performance-avoidance goal orientation, thereby affecting work engagement and job burnout. For employees with higher organization-based self-esteem, colleagues' extra effort tend to activate performance-approach goal orientation, suppress performance-avoidance goal orientation, and thereby increase work engagement and alleviate job burnout.
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    Does Participation in Social Security Contribute to Rural Land Transfer? The Mediating Effect Based on Labor Transfer
    ZHANG Ziyi, WANG Ruixue
    2024, 26 (1):  54-62.  DOI: 10.15936/j.cnki.1008-3758.2024.01.006
    Abstract ( 158 )   HTML ( 4)   PDF (1030KB) ( 131 )  
    With the gradual improvement of China's urban and rural social security system, farmers' dependence on land has been alleviated, the proportion of rural labor force in non-agricultural employment has increased, and the supply of rural land circulation has continued to increase. Based on CFPS data from 2012 to 2018, a dual fixed effect model is built to study the impact of rural social security system on land transfer and analyze the mediating effect of labor transfer. The results show that participation in the new rural endowment insurance significantly affects the transfer of rural land. Participation in the new rural cooperative medical insurance has no significant effect on the transfer of rural land, but significantly inhibits the transfer of rural land. Labor transfer plays a mediating role in the impact of the new rural insurance on rural land transfer, while the mediating effect of the new rural cooperative medical care system on rural land transfer is not significant.
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    Politics and Public Management
    Toward the Justice of Liability Allocation: The Logic of Liability Fixation in Automatic Driving Traffic Accidents Based on the Perspective of Contextualism
    ZHANG Shai
    2024, 26 (1):  63-72.  DOI: 10.15936/j.cnki.1008-3758.2024.01.007
    Abstract ( 133 )   HTML ( 4)   PDF (1070KB) ( 219 )  
    According to contextualist justice theory, the different social contexts faced by the liability for automatic driving traffic accidents determine their varying social significance, which in turn determines that the allocation of liability for automatic driving traffic accidents should be based on differential principles. The principle of differential allocation is composed of the first principle and the second principle, with the first principle dominating the second principle. The first principle advocates against using overly severe punitive measures and instead promotes a moderate tolerant principle. It also discourages relying solely on a retrospective enforcement principle and suggests adopting a combination of proactive warning and retrospective enforcement principles. The second principle includes the symmetrical allocation principle for automatic driving system, the appropriateness allocation principle for manufacturers, the reductive allocation principle for car owners, the shared allocation principle for passengers, the inclusive allocation principle for pedestrians, and the bottom covering allocation principle for the government. The liability allocation community consists of six entities including manufacturers and is responsible for the allocation of responsibilities. Through negotiated implementation of differential principles, it achieves a fair allocation of liability for automatic driving traffic accidents.
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    A New Model of Mutual Trust and Co-governance of “Decentralized” Property Management Based on Blockchain
    ZHANG Lei, DU Ze
    2024, 26 (1):  73-81.  DOI: 10.15936/j.cnki.1008-3758.2024.01.008
    Abstract ( 178 )   HTML ( 9)   PDF (1142KB) ( 198 )  
    By combing the development process of property management in China, it is found that the traditional “centralized” property management model in China is facing a “periodic crisis”, which is difficult to escape, and shackles the modernization transformation of community governance. There are three main reasons for the formation of the crisis, i.e. the vague “black box”, which refers to the tension of trust relationship caused by the low transparency of property management, the hard-to-achieve “specialization”, which causes property management to fall into “prisoner's dilemma” for lack of professional ability, and the stagnant “service quality”, which refers to the intensification of property management “value contradiction” for lack of consensus mechanism. The “decentralized” property management model based on blockchain builds a trust bond between owners, owners' committees and property management companies. It has built a new path of “mutual trust and co-governance” in property management, broken the “prisoner's dilemma” in property management, realized the sound, efficient and transparent operation of property management, and constructed a new model of “decentralized” property management in residential quarters.
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    Black Soil Protection in China: Policy Evolution, Realistic Obstacles and Optimization Paths
    GAO Jia, ZHU Yaohui, ZHAO Rongrong
    2024, 26 (1):  82-89.  DOI: 10.15936/j.cnki.1008-3758.2024.01.009
    Abstract ( 192 )   HTML ( 10)   PDF (963KB) ( 141 )  
    The Black Soil Protection Law of the People's Republic of China officially came into force in 2022, and there is a long way to go in the protection of black soil in China. The research adopts literature analysis method and divides the historical evolution process of China's black soil protection policy into “embryonic” stage, “construction” stage, “systematization” stage, and “legalization” stage based on the key content of the black soil protection policy. Research has found that black soil protection faces many practical obstacles, such as severe soil erosion in black soil areas and continuous decline in black soil quality, farmers' lack of conservation awareness, difficulties in promoting conservation tillage, and the lack of a long-term mechanism for protecting black soil. In order to effectively protect black soil, the new requirements proposed by the Black Soil Protection Law of the People's Republic of China should be further implemented. Efforts should be made to strengthen the prevention and control of soil erosion, explore innovative protective farming techniques and suitable farming models, mobilize farmers' enthusiasm for participating in black soil protection, establish a long-term mechanism for black soil protection, and thus further promote black soil protection work to ensure national food security.
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    Law
    From the Perpetrator Criminal Law to the Perpetrator Type: The Construction of the Responsibility Theory
    LIN Ruoyang
    2024, 26 (1):  90-99.  DOI: 10.15936/j.cnki.1008-3758.2024.01.010
    Abstract ( 174 )   HTML ( 4)   PDF (998KB) ( 284 )  
    The theory of personality criminal law can be established at the level of mitigating and eliminating crimes, but there are shortcomings such as immature crime theory system, imprecise personality measurement, and lack of negotiability, so it has not been implemented in judicial practice. We should rely on the class system and the theory of functional responsibility, and construct a negotiable perpetrator type doctrine under the element of responsibility to integrate the stability of the behavior criminal law and the preventive nature of the perpetrator criminal law, link the facts of the individual case with the concept of personality, and connect everyday language with legal language. Starting from the concept of personality, guilt is the corresponding relationship between delinquency and criminal personality that appears and is revealed, and punitiveness means that the revealed personality must be punished and corrected. In the types of perpetrators such as “polyandry in Tibetan areas” and “general gang participants”, the element of responsibility is not established, which also means that the illegal behavior cannot be attributed to the criminal personality, or the personality revealed by the behavior does not need to be punished, and the responsibility cannot be established.
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    The Functional and Jurisprudential Foundations of the Mechanism on the “Without Prejudice in Failed Mediations”
    SONG Lianbin, WU Zhenguo, ZHOU Jian
    2024, 26 (1):  100-107.  DOI: 10.15936/j.cnki.1008-3758.2024.01.011
    Abstract ( 147 )   HTML ( 2)   PDF (968KB) ( 104 )  
    To promote good faith in mediation, if the mediation fails, the mechanism on the “without prejudice in failed mediations” requires that neither party shall unilaterally disclose mediation communications to change the original state of rights prior to the mediation. The functions of this mechanism aims to facilitate the mediation process, maintain the mediator's neutrality, and ensure the independence and integrity of the mediation and any subsequent dispute resolution procedures. However, approaches for ensuring its implementation vary. If the confidentiality contracts approach applies, the third party outside the contracts will not be bound. If the exclusionary rules approach applies, it will contradict the contractual nature of arbitration rules. If the without prejudice privilege approach applies, it can bind all natural and legal persons. Thus, on the basis of the without prejudice privilege, combined with the relations between mediation communications and the objective of facilitating mediation, the mechanism on the “without prejudice in failed mediations” can be effectively constructed in terms of providing parties, timing, and information type.
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    The Conflict Between Blockchain Technology and Personal Information Rights and Its Dissolution
    TONG Yunfeng
    2024, 26 (1):  108-117.  DOI: 10.15936/j.cnki.1008-3758.2024.01.012
    Abstract ( 184 )   HTML ( 5)   PDF (988KB) ( 127 )  
    The new personal information rights, such as the right to correct, the right to be forgotten and the right to carry data, may violate the basic principles of personal information such as data minimization, and lead to the compliance problems of blockchain technology, which directly restricts the development and innovation of blockchain technology. In order to find a compatible solution between blockchain technology and personal information rights, the existing research ideas in the academic circle mostly belong to the blockchain transformation theory of revising the core technology advantages of blockchain to adapt to the lagging legal rules, which will obscure the trust foundation and technical advantages of blockchain. We should change our thinking and choose the legal adaptation theory. The most thorough solution is to reform the legal rules of personal information and construct a block chain exemption mechanism. To promote moderate compatibility between blockchain and personal information rights, a relatively mild solution is to use teleological interpretation theory to soften the interpretation of the right to be forgotten, expand the interpretation of anonymous data, and reinterpret disclosure and consent before the legal reform.
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    Defense Conflicts Under the Leniency System of Guilty Plea and Punishment
    GUO Heng
    2024, 26 (1):  117-125.  DOI: 10.15936/j.cnki.1008-3758.2024.01.013
    Abstract ( 185 )   HTML ( 8)   PDF (973KB) ( 148 )  
    Under the leniency system of guilty plea and punishment, the main reasons resulting in defense conflicts are “the prosecutorial-led model”, “the prosecutorial-trial cooperation model”, and the professional ethics of defense lawyers with the consideration of the defendant's own interests, and the differentiated right of legal assistance between defense lawyers and duty lawyers. In the case of guilty plea and punishment, defense lawyers should deal with defense conflicts based on their loyalty obligations, adhere to the principle of limited independent defense, strengthen their negotiation obligations, and perform their real obligations to the court under specific circumstances. The defense conflicts in the case of guilty plea and punishment in the review and prosecution stage should be handled separately by distinguishing between the defense conflicts of “guilty plea” negotiation and “punishment” negotiation, and the procedural mechanism of pending prosecution and defense disputes in the review and prosecution stage should be established. The defense conflicts in the case of guilty plea and punishment at the trial stage should be handled separately by distinguishing between “qualitative” and “quantitative” controversial cases, and the procedural rules for the defense to deny guilty plea and punishment at the trial stage should be constructed.
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    Education
    The Influence of Network Populism Discourse Expression on College Students' Negative Social Mentality: Based on a Moderated Mediation Model
    TENG Guopeng, JIA Yizhen
    2024, 26 (1):  126-134.  DOI: 10.15936/j.cnki.1008-3758.2024.01.014
    Abstract ( 233 )   HTML ( 12)   PDF (1018KB) ( 223 )  
    In recent years, the populism and its discourse expression on the Internet have more and more influence on the social mentality of college students. Based on the theory of social comparison and the discourse strategy of the formation and dissemination of network populism, a structural equation model is constructed with 707 college students as the research subjects to empirically study the impact and mechanism of network populist discourse expression on the negative social mentality of college students. The results show that the expression of populist discourse on the internet has a significant positive impact on the negative social mentality of college students. Upward social comparison plays a partial mediating role in the influence of network populist discourse expression on college students' negative social mentality. The intensity of Internet usage intensity regulates the second half path of the mediating mechanism of network populist discourse expression, upward social comparison, and negative social mentality of college students. Lower internet usage intensity enhances the impact of upward social comparison on negative social psychology of college students, while higher internet usage intensity buffers the negative effect of upward social comparison on social mentality of college students.
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    Linguistics and Literature
    “Cold Mountain Not Cold”: The Home Community in Cold Mountain by Charles Frazier
    ZHANG Duan, PIAO Yu
    2024, 26 (1):  135-142.  DOI: 10.15936/j.cnki.1008-3758.2024.01.015
    Abstract ( 184 )   HTML ( 5)   PDF (986KB) ( 243 )  
    The American writer Charles Frazier is famous for his home writing in Cold Mountain of those Cold Mountain residents living in the Appalachian Mountains in the southern United States, and the theoretical connotation of community has become the key to understanding the essence of the home Cold Mountain. The novel takes the characters' perception and practice of the community concept as the main line, and depicts a vivid picture of home community. In Frazier's depiction of the home Cold Mountain, there are “interracial community” building of a family of eight, the manifestation of “female community” responsibility with sisterhood, and the expression of the great vision of “regional community” based on global awareness, all of which have jointly created a beautiful home community life in Cold Mountain. Cold Mountain revolves around the home life in deep Cold Mountain of the American South, explores issues such as racial friendship, women's bond and regional life, thus showing Frazier's renewed attention to the theme of American Southern literature in the new century and his reflections on home life under the hustle condition in the era of globalization.
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    Human, House and Earth: Reconstruction of “Home” in Howards End
    NAN Jiali
    2024, 26 (1):  143-150.  DOI: 10.15936/j.cnki.1008-3758.2024.01.016
    Abstract ( 183 )   HTML ( 8)   PDF (3927KB) ( 141 )  
    While focusing on social and political implications, the current studies on E. M. Forster's Howards End pay little attention to the relationship between human and thing “Howards End” connotes. With the advance of urbanization in the early twentieth century, private renting became the dominant mode of housing consumption in London and people were not as connected with their houses as before. Recounting how the Wilcoxes, Leonard Bast and the Schlegels relate themselves to their houses, Howards End presents the characters' understanding of “home” and their different interpersonal relationships and therefore discloses the complexity of home imagination in the context of English land system reform and the home anxiety at that time. As far as Forster is concerned, the connection between people and their houses contributes to the formation of sense of space and elimination of sense of flux, thus getting back to the earth. “Howards End” not only configures the home of earth, but also reflects the new materialism dimension of Forster's “home”, which shows that the writer anticipates the relationship between human and thing in the modern society.
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