English Abstracts

The Foundation, Framework, Limitation

of the Cyber-Security Regulation in China



English Abstracts

The Foundation, Framework, Limitation

of the Cyber-Security Regulation in China

Long Weiqiu

Law

School

,

Beihang

University

Beijing

100191,

China

Cyber-security Law has pursued a strong supervision over the governance of Cyberspace, which is unique to other areas of Chinese law. The Law is oriented towards a Cyber-security concept which is more comprehensive and multi-layered, prioritizing the strengthening of national control over the cyber domain. The architecture of cyber-security law is guided by complex principles, promoting national management; and characterized by a multitude of names, dense content, and unique institutional features reducing clarity and comprehension. In order to implement the Cyber-security Law effectively and reasonably, we should understand the internal foundation and external boundary of Cyber-security regulation in China. Additionally, we must pay special attention to the structural limitations of administrative implementation, executive power and the technological architecture of Cyber-security.

Cyber-security law; Cyber-security regulation; regulation framework; legitimation basis; applicable limitation

The Framework and Proposals for the

Legislation of Cybersecurity Information

Sharing in China

Liu Jinrui

Institute

for

the

Rule

of

Law

,

China

Law

Society

Beijing

100081,

China

Abstract:Cybersecurity information sharing has been one of the core issues of cybersecurity legislation all over the world. There are growing discussions concerning privacy protection, antitrust, responsibility, restriction of governmental power and so on within this issue. The United States has established the basic legal framework through the Cybersecurity Information Sharing Act (CISA). CISA provides: cybersecurity information sharing by federal agencies and non-federal entities; protection of privacy and civil liberties, immunity from liabilities; limitations on federal use of information shared pursuant to CISA. Based on these experiences, the proposals for legislation regarding to information sharing in our country are as follows: defining the aim and scope of cybersecurity information sharing, not just only within the protection of critical information infrastructure; authorizing Cyberspace Administration of China (CAC) as the leading department and establishing an administrative mechanism with characteristics of military-civilian integration; providing both compulsive obligations and immunity from liabilities to promote information sharing; balancing information sharing and private rights protection; limiting the governmental use of information obtained from sharing.

Key words:cybersecurity information sharing; cybersecurity law; critical information infrastructure; cybersecurity legislation of United States

A Study on Thelegal Regulation of

Cyber-Security Vulnerabilities in China

Zhao Jingwu

Law

School

,

Beihang

University

Beijing

100191,

China

Abstract:The exploration, disclosure, transaction, and renovation of Cyber-security vulnerabilities has increasingly become acentral issue of Cyber-security governance. As private citizens identify software flaws and vulnerabilities, it is important that there is a legal means to allow them to positively contribute to security without threat of criminal penalization. The “Yuan Wei case” has shown the negative attitude Chinese criminal law has towards private citizens exploring Cyber-security vulnerabilities. Subsection 1 and 2 of Article 285 of Criminal Law outlines improper restrictions to the vulnerability exploration of ethical hackers. However, Article 26 of the Cyber-security Law-which outlines the application and scope of vulnerability exploration-should be used to remodel and improve the mechanisms for vulnerability management. Therefore, we must consider the dynamics, complexity, and openness of cyber security vulnerabilities; grasp the governance of vulnerability exploration; improve the legislative system of vulnerability exploration from the height of national security; perfect the vulnerability database and match the vulnerability rating mechanism; clarify the public-private cooperation framework, and disclosure procedure; authorize whom has access to exploration levels according to standard practices; and further strengthen the cross-border flow response to vulnerabilities.

Key words:Cyber-security vulnerability；ethical hacker；regulation of Cyber-security vulnerabilities；notification of vulnerability miners

On the Mediation System in the

Settlement of Free Trade Disputes

Mu Ziyi

Law

School

，

Guangzhou

University

Guangzhou

510006,

China

Abstract:Asone of the historical methods for dispute settlement, mediation plays a significant role in solving disputes. However, from practical perspective, it did not work efficiently and with very low rate of utilization. According to the positive attitude to the strategy of Free Trade Area of Chinese government and the enthusiasm of another important plan, so called the “one belt and one road” initiative and the policy for building more free trade zones inside the territory of China, it is obviously that mediation can play more vital role in this new era.

Key words:mediation; free trade; method of dispute settlement; dispute settlement mechanism

Comparison and Reference of the Probation

System of Juveniles on both Sides

of the Taiwan Straits

Ding Le

Criminal

Justice

School

，

Zhongnan

University

of

Economics

and

Law

，

Wuhan

430072,

China

Abstract:There is no systematic and practical legislation of the probation of juveniles and no specialized probation officer in mainland China. Probation measures are single and still in pilot phase. However, The probation system of juveniles is throughout the entire process of handling cases of juveniles delinquency and probation officers are full involved in the entire process in Taiwan. The characteristics of the probation are: firstly, based on the theory of parens patriae and special prevention special prevention; secondly, achieve the specialized development by special legislation, ad hoc institutions and specific people; thirdly, mix together investigation, evaluation, protection, correction, guidance, supervision and other functions for the mechanism integration; forthly, integrate social resources to improve the social support system. Taking experiences from the Taiwan area, the probation system of juveniles in mainland China should do the following reforms: transform the principles of criminal procedure of juvenile delinquency from legality to prosecuting discretion; the criminal treatment model renews from institution treatment to community treatment; build binary legislative model to separate adults and juveniles; set up specialized probation institutions and public probation officer; design diversified probation measures with judicialattributes.

Key words:Taiwan; probation; juveniles delinquency

On “Cultural China” in the Interaction

across Taiwan Strait

Shen Qingli

School

of

Chinese

Language

and

Literature

,

Beijing

Normal

University

,

Beijing

100875,

China

Abstract:As a fixed group words, “cultural China” first appeared Taiwan at the end of 1970s, it is closely related to Taiwan and Hong Kong isolated from the mainland China since 1949, and Modern Chinese historical upheaval. After a long period of brewing fermentation, the writers of Taiwan and Hong Kong has formed a discourse system of cultural China, reflecting the common cultural psychological characteristics of Chinese people around the world. In recent years, “cultural China” has become an interactive proposition with “cultural self-consciousness ”, “culture seeking-roots” in mainland China, even becoming an important symbol of global Chinese cultural identity.How can build a “modern cultural China” on the basis of consensus,should be an urgent “common aspiration” need to complete.

Key words:“cultural China” ; “cultural self-consciousness ”; “the interaction across Taiwan Strait”

The Duality of Chinese Humanistic Culture

Space Imagination by the Taiwan

New Generation Poets

Zhao Xiaoqi

College

of

Chinese

Language

and

Literature

,

Wuhan

University

,

Wuhan

430072,

China

Abstract:Like nation’s cultural quality, basical structure with mutual infiltration, complementation and fusion of Confucianism, Buddhism, and Taoism, Chinese humanistic culture is definitely not one concept with simple connotation, but a spiritual space with broad, deep thought. In the Chinese humanistic cultural space represented by the imagination of the Taiwan new generation poets, the spiritual elements and contents of respect towards virtue, contempt for profit, valuation on peace and mediation, causal loop are not only constructing force, but also to be transcended and reconstructed. They enforce and maintain human dignity and man’s subject value on the one hand, but form limitation and constraint to human dignity and man’s subject value on the other hand. Such contradicting characteristics of not only affirming, but also constraining personality, not only supporting, but also suppressing the spirit of freedom and opening, highlights the duality of Chinese Humanistic cultural space. Being conscious of such duality, and representing stereoscopically the tension generated from the duality of the spiritual elements and contents of Chinese humanistic cultural space, are the unique feature of Chinese Humanistic cultural space imagination in the Taiwan New Generation Poets’ works.

Key words:Taiwan new generation; native poets; imagination; humanistic cultural space; duality

Optimal Annuity Program with Integrating

Consumption,Investment and

Retirement Decision

Wang Yunduo

Economic

and

Business

Management

School

,

Heilongjiang

University

,

Haerbin

150080,

China

Abstract:With aging increase，annuities are effective tools in managing longevity risk. this paper develops a framework that merges consumption，investment selections with annuity purchase decisionsin retirement decision. construct a multiperiod wealth evolution model. An optimization problem is formulated with an objective of maximizing lifetime utility of consumption and wealth. When without including risky asset,Optimal decisions are affected by life span,wealth and income status. The optimal age of annuitization increase as the life span and income increase, which decrease as wealth increase. When including risky asset, the optimal age of annuitization is delayed and utility is increased.Furthermore, the attitude to risk affect annuitization,not only affect optimal age of annuitization,but also affect allocation between investment and consumption.

Key words:annuity; longevity risk; consumption; investment

Organizational Justice, Affective Commitment

and New-Generation Migrant Workers’

Turnover Intention: An Empirical Study

Based on Organizational Support Theory

Gan Weiyu

School

of

management

,

Southwest

University

of

Political

Science

&

Law

,

Chongqing

401120，

China

Abstract:Organizational justice is an important psychological variable which affects new-generation migrant workers’ turnover. There is few researches about how organizational justice affects the social exchange relationship between employer and migrant workers. This paper empirically investigates the relationships among organizational justice, affective commitment and turnover intentions using questionnaire survey data. The research finds: (1) Organizational justice and perceived organizational support significantly influence new generational migrant workers’ affective commitment and turnover intentions; (2) Different from other types employee, the new-generational migrant workers’ three dimensions of POS have different influence on turnover intentions. Value identity has direct effects on turnover intentions, but work support and caring value influence turnover intentions by changing migrant worker’s affective commitment. This study deepens and expands the theoretical cognition about of the job hopping phenomenon of new-generation migrant workers and also contributes to the literature in the field of POS.

Key words:new-generation migrant workers; organizational justice; affective commitment; turnover intentions; perceived organizational support

The Second Confrontation and

Reorganization between the Nomadic

State System and the Feudatory System

in Song and Jin Dynasties:

A Study on the Interaction between the

Nomadic Groups and the Agricultural

Groups in the Perspective of the

Multi-Ethnic State Construction

Li Dalong

Institute

of

Chinese

borderland

studies

,

Chinese

Academy

of

Social

Sciences

,

Beijing

100752,

China

Abstract:The confrontation and integration between the nomadic groups and the agricultural groups is the main power to promote the formation and the development of multi-ethnic state and the Chinese nation. The author discusses the nomadic state and the feudatory state and the effect on the integration of their ethnic groups in Song and Jin Dynasties from the perspective of the collision, confrontation and reorganization between the nomadic state and the feudatory state. The history of the regimes and ethnicities are described, meanwhile their position and function in the process of constructing of the multi-ethnic state are defined.

Key words:Song and Jin Dynasties; the nomadic state; the feudatory state; confrontation and reorganization

[责任编辑 丛 敏]