2024 Vol. 40, No. 1

Party Construction, Ideology and Politics
Theoretical Connotations and Historical Reflections on the Century-long Great Social Revolution of the Communist Party of China
HU Gang
2024, 40(1): 1-10. doi: 10.19979/j.cnki.issn10082689.2023050011
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Social revolution is taking the liberation and development of the social productive forces as the fundamental task, and taking the realization of the universal liberation and all-round development of the people as the fundamental goal. The century-long history of social revolution of the Communist Party of China (CPC) is not only a great struggle in which the Party led the people from victory to victory, but also a history of “destroying the old world and building a new world”. It is also a complete portrayal of the century-long history of self-revolution to “eliminate the impure from the pure”. In order to promote the great social revolution of the new era, the CPC needs to adhere to the scientific Marxist concept of revolution, and clarify the logical dimension and theoretical essence of social revolution in the light of the objective laws of Marxist social and historical development. In the historical context of developing contemporary Chinese Marxism and 21st century Marxism, understanding the stage-by-stage historical characteristics of the great social revolution demonstrates the crucial historical prerequisites for the great construction of Chinese-style modernization.
The Ecological Implication of Chinese Modernization and Its Way Forward
WANG Rujun, WANG Dan
2024, 40(1): 11-18. doi: 10.19979/j.cnki.issn10082689.2023040012
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Modernization is related to national development and national destiny. Chinese modernization is a comprehensive modernization form. In the ecological dimension, Chinese modernization is a modern form of green development, including the leadership of the Communist Party of China, the creation of a better environment for the people’s well-being, based on China’s ecological conditions and the harmonious coexistence of man and nature. In fact, Chinese modernization highlights the simplest ecological value needs of human beings and creates a new form of human ecological civilization, which is of great significance to promote the construction of beautiful China in the new era and the common green development of all countries in the world. At present, the promotion of Chinese modernization is based on the essential relationship of “human-society-nature”, which requires the practice of the concept of “lucid waters and lush mountains are invaluable assets”, the acceleration of green transformation of development mode, the in-depth promotion of environmental pollution prevention and control, the implementation of ecosystem protection and restoration, and the active promotion of carbon peak carbon neutrality, so as to establish a new order of harmonious and symbiotic ecological development.
The Foundation, Core Meaning and Practical Value of Marx’s Ecological Thought
SONG Ziling, WANG Guiyan
2024, 40(1): 19-25. doi: 10.19979/j.cnki.issn10082689.2023030104
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Marx's ecological thought provides theoretical support for breaking the global ecological crisis. On the basis of criticizing Hegel and Feuerbach’s view of nature, Marx interprets his ecological thought from the perspective of human and nature practice. Its core contents mainly include: to highlight the idea consciousness of dialectical ecological view in the social development, to reflect the practical direction of “two reconciliation” in human activities, to point out that communism is the inevitable destination of human and natural history. Marx’s ecological thought is of great value to solve the global ecological crisis, that is, to strengthen the cognition of the ecological concept of “human and nature are a community of life”, to clarify the direction of the main forces of ecological social development and to firmly take the road of sustainable development.
Historical Initiative: Scientific Connotation, Spiritual Characteristics and Era value
YE Jing, ZHANG Zhengguang
2024, 40(1): 26-32. doi: 10.19979/j.cnki.issn10082689.2023020073
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The organic unity of following the laws of social and historical development and giving full play to subjective initiative is the essence of the scientific connotation of the spirit of historical initiative. It is embodied in the scientific spirit of following the laws of social and historical development, the practical spirit of accurately grasping the opportunities of historical development, and the missionary spirit of proactively taking up the responsibility of national rejuvenation. It is a concentrated manifestation of the historical initiative of the CPC in its century-long struggle, and an important spiritual code for the continuous new victories of revolution, construction and reform. In the new era of comprehensively building a socialist modernized country, facing new historical conditions such as the accelerated evolution of the world pattern, the rise of new scientific and technological revolution, and the climbing of high-quality development, a profound understanding, scientific grasp, and full play to the historical initiative spirit are important ideological conditions to ensure that the Party and the country always stay at the forefront of the times, and to promote the construction of the Party, the construction of a strong country, and the rejuvenation of the nation.
Higher Education Studies
Exploring the Effect of Entrepreneurial Extracurricular Activities and Entrepreneurial Mindset on Postgraduate Entrepreneurial Intentions
SUN Junhua, HUANG Shasha, WEI Li
2024, 40(1): 33-44. doi: 10.19979/j.cnki.issn10082689.2023020036
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This study explores how extracurricular activities can be applied to entrepreneurial intentions through entrepreneurial mindsets. Entrepreneurial mindsets refer to the three dimensions of achievement motivation, risk orientation and fuzzy tolerance. The empirical results based on the questionnaire data of 220 postgraduates of a university in Jiangsu Province show that entrepreneurial extracurricular activities significantly and positively influence postgraduate students’ entrepreneurial intentions, and that entrepreneurial minds such as achievement motivation, risk propensity and fuzzy tolerance can effectively promote postgraduate students’ entrepreneurial intentions. There is a mediating role of achievement motivation and fuzzy tolerance between entrepreneurial extracurricular activities and postgraduate students’ entrepreneurial intentions. Additionally, there is no significant difference in the mediating effects of these two. Also, the mediating effect of risk propensity between entrepreneurial extracurricular activities and entrepreneurial intentions is not significant. Suggestions for improving postgraduate students’ innovation and entrepreneurship education are proposed based on the findings of the empirical study.
Entrepreneurial Failure Recovery, Entrepreneurial Motivation and Subsequent Entrepreneurial Behavior-The Moderating Role of Regulatory Focus
XIE Yaping, YAN Shuling, HUANG Liqing
2024, 40(1): 45-57. doi: 10.19979/j.cnki.issn10082689.2023020072
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Entrepreneurial failure recovery as a key to restarting entrepreneurship for entrepreneurs has gradually gained attention from both theoretical and practical communities. However, few existing practices and studies focus on entrepreneurial failure recovery and subsequent entrepreneurial restart, and research on the mechanism of the impact of entrepreneurial failure recovery on subsequent entrepreneurship is relatively weak. This study attempts to explore a new path to stimulate subsequent entrepreneurial behavior of failed entrepreneurs from the perspective of entrepreneurial failure recovery, construct a conceptual model of entrepreneurial failure recovery to subsequent entrepreneurship, and conduct an empirical test with 295 subsequent entrepreneurs as the research sample. The study finds that entrepreneurial failure recovery has a positive influence on subsequent entrepreneurial behavior; entrepreneurial motivation plays a mediating role between entrepreneurial failure recovery and subsequent entrepreneurial behavior. The relationship between failure recovery and subsequent entrepreneurial behavior was positively moderated by facilitative focus. Hence, this study enriches theoretical guidance for entrepreneurial failure recovery and subsequent entrepreneurship and is of great significance for subsequent entrepreneurs to effectively recover from failure and start up again.
Exploring the Quality Assurance System of the Master of Public Administration Talent Cultivation in the Context of New Liberal Arts Construction
ZHENG Ye, CHAI Jinlai, WANG Chunping
2024, 40(1): 58-67. doi: 10.19979/j.cnki.issn10082689.2023030098
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The construction of new liberal arts is a useful exploration and great attempt by the Party and the State to modernize China’s higher education based on the strategic position of national rejuvenation and talent cultivation. Also, it brings unlimited opportunities for the cultivation of master’s degree in public administration. This paper summarizes and refines the characteristics of the construction of new liberal arts and its overall requirements for master degree talents in public administration, combs through the current development of domestic public administration disciplines and the practical problems in talent cultivation, and build a “four-dimensional” talent training system based on the “means-ends chain” analysis framework. The “four dimensions” include institutional innovation, practice platform, guarantee mechanism and curriculum reform, and the “one body” emphasizes the quality-oriented cultivation of postgraduate students. On this basis, the practical path, characteristics and effects of this system in the quality assurance of Master of Public Administration cultivation are analyzed in depth. This paper aims to provide a reference for domestic universities to accelerate the cultivation of master’s degree talents in public administration in the process of modernization of higher education.
A Deep Understanding of the Third Historical Resolution under the Initiative of the Great Ideological and Political Education
ZHENG Meiping, YANG Linxiang
2024, 40(1): 68-76. doi: 10.19979/j.cnki.issn10082689.2023020092
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The history of the Party is a vivid and rich compulsory course, and the great ideological and political education is the main front of party history education. To understand the third historical resolution of the Party from the perspective of the great ideological and political education, it is necessary to grasp its characteristic attributes from the ideological, political, theoretical, practical, positional, and subjective dimensions, and to deeply understand the core essence of the four aspects, i.e., the solid foundation of the significant achievements of the century-long struggle, the systematic support of the historic changes in the new era, the content narrative of the fulfilment of the initial mission, and the vivid teaching material of the century-long experience of the struggle. To construct a good ideological and political education with the third historical decision, we should systematically grasp the links of knowledge construction, will construction, and action construction, and form an internal unity of theoretical self-knowledge, historical self-confidence, and practical self-consciousness.
Law
Legal Risk Regulation of Personalized Recommendation Algorithms
XIE Yongjiang, YANG Yongxing, LIU Tao
2024, 40(1): 77-85. doi: 10.19979/j.cnki.issn10082689.2022110031
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Information overload has led to the rise of personalized recommendation algorithm for information distribution. Personalized recommendation algorithms, while solving problems of information overload and long tail, meeting users’ personalized needs, and improving the efficiency of Internet information service, have also triggered many legal risks such as the interference with with users’ self-generated meaning, privacy leakage, information cocoon, and algorithm discrimination. The mission of jurisprudence is not to praise the achievements of personalized recommendation algorithms, but to examine their potentially irrational consequences, and to explore how to reduce the risks possibly caused by the development of algorithmic recommendations through the rule of law. To this end, a responsive algorithm regulation should establish an open view of privacy protection, strengthen the obligation of algorithm notification and the right of algorithm application rejection, improve the right of algorithm interpretation, and build an algorithm audit system to reduce the legal risks brought by personalized recommendation algorithms under principles of integrity, autonomy, justice and proportionality.
Research on the Application and Improvement of Family Education Order from the Perspective of Public Power Intervention-Also on the Forty-ninth Article of Family Education Promotion Act
ZHOU Hua
2024, 40(1): 86-93. doi: 10.19979/j.cnki.issn10082689.2023040112
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Family education has experienced the transformation from emphasizing rights to emphasizing responsibilities, from purely private affairs to both public and private affairs. It provides a theoretical basis for public authorities to intervene in family education. The Family Education Order is a typical writ based on the Family Education Promotion Act and created in practice by the judiciary to guide and regulate family education by public authorities. Currently, the application of The Family Education Order in China is obviously incidental and passive in its initiation. Also, it is confusing with the family education guidance order and supervision and guardianship order, and there is also an improper setting of the legal consequences of refusing to fulfil the order. To improve the family education order system, a two-pronged approach can be taken to standardize the form and optimize the substance, with the former being achieved by improving the mechanism for issuing the order and promoting the standardization of the text, while the latter should be viewed rationally in terms of the attributes of the responsibility of the main body of the family education. Appropriate measures for its implementation should be sought within the existing legal system.
Optimising the Path and Rule of Spam Infringement Regulation: The Introduction of Punitive Damages
LIAO Jianqiu, TIAN Bin
2024, 40(1): 94-105. doi: 10.19979/j.cnki.issn10082689.2023020113
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The large-scale, low-cost and hard-to-detect nature of spam infringement determines the need to use a combination of public and private law to regulate its management. The evaluation of its behaviors and the corresponding rights and remedies are also the result of the combined use of criminal, administrative and civil legal tools. Under the framework of collaborative governance, punitive damages are an effective legal tool to supplement the effective governance of spam infringement. The expansion trend, core function and controllable abuse of punitive damages provide institutional advantages for its application to spaminfringement. The amendment of the applicable conditions, the clarification of the principle of proof, the determination of the amount of compensation, the establishment of the punitive damages fund and the optimization of the rules such as group litigation system provide a guarantee for the punitive compensation system to be applicable to large-scale spam infringement.
The Integrated Promotion of the Rule of Law at Both the National and Foreign-related Levels under the Guidance of Xi Jinping Thought on the Rule of Law-Perspectives on Constructing a Chinese Path to Modernization on the Rule of Law
QU Yanan, BAI Bing
2024, 40(1): 106-113. doi: 10.19979/j.cnki.issn10082689.2023010046
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As an important part of the Xi Jinping Thought on the rule of law in the new era, the process of integrating the rule of law at the national and foreign-related levels plays an important role in the construction of a modern Chinese-style rule of law state. It is proposed for better safeguarding national sovereignty, security and development pattern on the basis of accurately grasping the international and domestic overall situations, and the practical process and risks and challenges of the construction of China under the rule of law. It is not only the correct choice in line with the logic of the times, but also the key choice for accelerating the pace of the construction of China under the rule of law and for promoting the development of the rule of law at the international level towards a benign trajectory with the concepts of openness, inclusiveness and plurality. Under the guidance of Xi Jinping thought on the rule of law, the integrated promotion of the rule of law at the national and foreign-related levels should be guided by the spirit of the report of the Twentieth National Congress of the Communist Party of China (CPC), with the construction of a modernised rule of law country of the Chinese style as the starting point and landing point, the interrelationship between the rule of law at both national and foreign-related levels as the basic logical structure, and the clarification and improvement of the dual domestic and international legal regulation as the specific practical path. On the one hand, it focuses on solving the problem of benign connection between the domestic rule of law and the international rule of law, and perfecting the domestic legal system that is sufficiently adapted to the changes in the international rule of law; on the other hand, it carefully examines the application of the international law in China’s territory, and positively contributes to the development of the rules of international law on the basis of the principle of fulfilling the international obligations in good faith and the principle of international cooperation.
Research on the Regulation of the Exercise of the Right to Unilateral Variation of the Right to Rescind an Administrative Agreement
LI Huixun, ZHAO Meiyu
2024, 40(1): 114-123. doi: 10.19979/j.cnki.issn10082689.2023020116
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The Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases Concerning Administrative Agreement clarify that the administrative organs have the right to unilaterally change and terminate administrative agreements on the basis of preferential rights. The administrative organ shall exercise the right to unilaterally terminate an administrative agreement on the basis of the concepts of giving priority to the public, balancing public and private interests, and the spirit of contract. Through the analysis of cases in judicial practice, problems such as unclear basis for unilateral change and termination of administrative agreements by administrative organs, non-standard application of procedures, unclear compensation standards, and unclear distinction between the change and termination of civil contracts have been revealed. To rectify these problems, it is necessary to clarify the basis for the exercise of power, standardize the exercise procedures, clarify the compensation methods and standards, and distinguish the right to unilateral change and termination of civil changes.
Sociology
From Technology to Law: Infringement Risks and Regulatory Governance of AI Face-Swapping Short Video
ZHANG Huibin, HOU Yangyao
2024, 40(1): 124-132. doi: 10.19979/j.cnki.issn10082689.2023030109
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The emergence of AI face-swapping technology has enlivened short video creation, and AI face-swapping videos on short video platforms are roughly divided into two categories: “face-swapping videos with the original video as the basis” and “face-swapping videos without the original video as the basis”. The former mainly involves copyright infringement, while the latter mainly involves the infringement of personality rights. And the governance rules of infringement risks in the field of AI face-swapping short videos mainly rely on the relevant provisions of copyright law and civil code. In the future, the governance of AI face-swapping applications in the field of short video dissemination needs to seek a balance between the freedom of creation and the protection of private rights. The management of AI face changing technology application and of content identification are effective ways to dissolve the hidden nature of in-depth synthesized technology; at the same time, focusing on the dual roles of platform “infringers” and “governors” is the key to solve the long-standing problems in the field of short videos.
Rational Thinking on the Employment Problem of China’s College Students from the Perspective of Diploma Screening
HUANG Xiaobin, ZHAO Yirong
2024, 40(1): 133-140. doi: 10.19979/j.cnki.issn10082689.2023030139
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As a symbol of education, the higher education diploma is a signal indicating the labor ability of college graduates. Employers often use this signal identification to infer the suitability of job-seeking individuals and job positions. With the advent of the era of popularization of higher education, the employment problem of college students is becoming more and more serious, coupled with the partial "failure" of diploma screening signal, the relationship between the higher education diploma and the college students’ employment is again striking. The article analyses the screening assumption of the higher education diploma and its actual boundary, reveals the real problems such as abnormal subjective spirit, lack of sense of significance and physical and mental health, and rationally identifies the role of the higher education diploma in the employment of college students at the micro level, so as to provide decision-making reference to mitigate the employment problem of college students.