Abstracts

2022-11-24 13:07

Rules for the Allocation of Burden of Proof in Administrative Public Interest Litigation(by WANG Chunye)

Abstract:Since current laws and judicial interpretations in China have not yet made specific regulations for the allocation of the burden of proof in administrative public interest litigation,relevant practices vary in different regions without a universal standard.As administrative public interest litigation has its own fea⁃tures in terms of the subject of litigation,the type of the case,prepositional procedure,and other aspects,rules for the allocation of burden of proof in ordinary administrative litigation can hardly meet the demands of administrative public interest litigation.Thus,it is necessary to establish an independent regulation for the allocation of burden of proof in administrative public interest litigation.The establishment of the regula⁃tion should take into consideration the following five aspects:conducive to promoting the law-based admin⁃istration of executive branches;conducive to filing administrative public interest litigation by the procurato⁃rial department;conducive to constructing an equal juridical status for both parties in the litigation;condu⁃cive to clarifying the facts of the case by the court;and conducive to the coherence with the regulation for distributing the burden of proof in ordinary administrative litigation.The burden of proof should be reason⁃ably distributed among the procuratorial department,the executive branch,and other parties.

Key words:rules for the allocation of burden of proof;administrative public interest litigation;public in⁃terest

Equal Protection of Aged People’s Development Rights in the Context of Actively Coping with the Aging Problem (by XU Zhihua,ZHAO Jing)

Abstract:One way to alleviate the aging crisis is to equally protect aged people’s development rights.At present,the development rights of the old population in China consists of the economic development right,the political development right,and the cultural development right.Problems existing in the three aspects include the lack of safeguard of economic right,the lack of efficient political participation,and the lack of equal education opportunity.But the fundamental cause for the problems is the absence of the concept of equality.The problems of aged people’s development rights are becoming more and more severe as the ag⁃ing situation continues to progress,and the direct cause for the absence of equal protection of aged people’s development rights is insufficient legal protection.Equality should be held as the basis of perfecting aged people’s development rights;insurance system should be taken as a safeguard of aged people’s economic development right;relevant law and regulation should be perfected to guarantee aged people’s political de⁃velopment right;and equal education opportunity should be increased to protect aged people’s cultural de⁃velopment right.

Key words:development rights;aged people;equality;aging

QCA-based Study on the Development Pattern of the Public-participation-in-environmental governance Mechanism and Inspiration to China (by ZHANG Huiheng,MA Kaixiang)

Abstract:The qualitative comparative analysis(QCA)method is adopted to study the development pattern of the public-participation-in-environmental-governance(PPEG)mechanism based on the public partici⁃pation mechanisms of different countries in environmental governance.It has discovered six structural fac⁃tors that affect the mechanism’s development,including government’s information transparency,the sup⁃port of the judiciary system,the effectiveness of social supervision,the development of the ENGO,free⁃dom of the news media,and the environmental protection awareness of the public.A clear QCA finds that the Finnish pattern and the USpattern are the representatives of the PPEG mechanism’s development pat⁃terns;that while the public’s environmental protection awareness is the basis of the mechanism’s develop⁃ment,a sound judiciary system,the transparency of environmental information,and the freedom of news report are sufficient conditions for the formation of PPEG;and that a mature PPEG mechanism generally has a development path of its own special features.

Key words:public participation;environmental governance;development pattern;qualitative compara⁃tive analysis(QCA)

Modernization of Municipal Social Governance:Theoretical Essence,Practical Experience,and Path Choice (by ZHENG Rongkun)

Abstract:In a national governance system,modernization of municipal social governance has unique theo⁃retical qualities and practical features.The essential requirements of municipal social governance modern⁃ization are space integration,organization synergy,community orientation,and tech embedding.The inno⁃vative urban-rural grid governance pattern of Zhangzhou City is a local exploration of municipal social gov⁃ernance.While fulfilling the essential requirements of municipal social governance modernization,in com⁃bination with the reality of local social governance,it has achieved regional experience in the following as⁃pects:urban-rural integration in terms of governance space;seamless connection of governance subjects;presence of the community involved in governance;and tech-enabled governance tools.Such experience has enriched the connotation of municipal social governance modernization.The case study further proves that the path of adhering to the Party’s overall leadership,improving the cooperative governance mecha⁃nism,focusing on the empowering of tech for social good,and promoting urban-rural governance integra⁃tion is conducive to furthering up the modernization process of municipal social governance.

Key words:modernization of municipal social governance;the overall leadership of the Party;people cen⁃tered;tech for social good;cooperative governance

The Construction of a Community of Life:Vivid Contemporary Realization of the Idea of“Two Reconciliations” (by ZENG Zhicheng)

Abstract:The“two reconciliations”idea of Marx and Engels is a scientific guide not only to the construc⁃tion of a reconciliatory relationship among human beings as well as between human and nature,but also to the realization of a harmonious co-existence and development of human and nature.The development con⁃cept of constructing a community of life in the new era is both an inheritance and development of the“two reconciliations”idea.It adheres to“the harmonious co-existence of human and nature”;scientifically in⁃terprets the dialectical relationship between“ecological environment and the development of productive forces”;and provides a Chinese approach to global ecological governance and the construction of global ecological civilization.In the context of globalization,deepening the research of the“two reconciliations”idea from the perspective of constructing a community of life is of important strategic implication to the de⁃velopment of constructing a community of shared future with Chinese characteristics and world significance.

Key words:the idea of“two reconciliations”;construction of a community of life;harmonious co-exis⁃tence

Marx’s Idea of Sharing:Logical Route and Reality Concern (by ZHANG Xinghua)

Abstract:Marx’s discussion of sharing starts from criticizing the“alienated labor”of capitalism.The premise of his argument is eliminating capitalist private ownership and establishing a new society of commu⁃nist public ownership,which is also the logical destination of Marx’s entire theoretical edifice.Instead of discussing sharing for its own sake,Marx starts from the development logic of a“realistic person,”as well as from the development of productive forces and construction of system,to discuss the relation of distribu⁃tion based on the relation of production,which is the basis logic of Marx’s idea of sharing.The vulnerabili⁃ty of capitalist“private enjoyment”can only be attacked by the critique of“alienated labor。”Marx’s idea of sharing starts from the construction of a communist new society,aiming at“the free overall development of humans”;it envisions the possible ideal form of human society and has solved such problems as“who to share,”“what to share,”and“how to share。”In the theoretical construction of“share-based develop⁃ment”of contemporary China,Marx’s concept of sharing takes up the responsibility of providing normative theoretical direction for real life.

Key words:Marx;idea of sharing;logical route;reality concern

Influence of Export Trade Structure Upgrading on Green Total Factor Productivity(by GUO Shouting,ZHANG Wanghu,LIU Zejie)

Abstract:Based on the SBM model and Global Malmquist-Luenberger(GML)index,the green total fac⁃tor productivity(GTFP)of 30 provinces(autonomous regions,and municipalities directly under the cen⁃tral government,not including Tibet,Hong Kong,Macao,and Taiwan)in Chinese mainland from 2010 to 2019 is measured,and the spatial econometrics model is adopted to explore the influence of export trade structure upgrading on China’s GTFP.It is found that the green total factor productivities of the 30 provinc⁃es(autonomous regions,and municipalities directly under the central government)vary from region to re⁃gion.The GTFP of the eastern region is obviously higher than that of the western region;the GTFP of the 30 provinces(autonomous regions,and municipalities directly under the central government)has a strong spatial autocorrelation as well as a distribution form of spatial agglomeration;export trade structure upgrad⁃ing,in relation to GTFP,has a positive spatial spillover effect,with the effect of the eastern region greater than that of the western region.In the future,the key point of optimizing the upgrading of export trade struc⁃ture is to improve the GTFP.The government should formulate environmental protection policies and coordi⁃nate them in a good order to enhance the intensity of environmental regulations so as to achieve high-quali⁃ty economic opening to the outside world.

Key words:export trade structure;green total factor productivity(GTFP);spatial spillover effect;envi⁃ronmental regulation

Rural Resident’s Price Pressure Index and Its Spatial-temporal Disparity:Based on Counties in Gansu Province (by WANG Qiaomin,CHEN Ying)

Abstract:Knowing about the spatial and temporal disparity of rural residents’price pressure is meaningful for reducing the gap between the economic levels of different counties and promoting rural revitalization.The study takes 86 counties and districts of Gansu Province as the subject.Based on a quantitative mea⁃surement of their county-level rural residents’price pressure,the study discovers the spatial difference of rural residents’price pressure in the province by using Weighted Variation Coefficient,Spatial Autocorre⁃lation Coefficient,and Standard Deviation Ellipse.The findings include:(1)From 2010 to 2019,the price pressure indexes of most of the counties in Gansu were generally not high,and rural residents’price pressure gradually declined as the county’s economic development level increased;(2)In terms of spatial distribution,the price pressure of the western region was higher than that of the eastern region during the period from 2010 to 2019;the high-pressure region mainly included the southern part of Lanzhou City and Longnan City;the low-pressure region was mainly located in the middle of Hexi Corridor,and sporadically in Wuwei,Jinchang,Dingxi,and Tianshui.(3)The price pressure of Gansu Province showed a strong spatial autocorrelation,with the high high-concentration area in the southern part of Lanzhou,Qingyang City,and Longnan City,and the low low-concentration area in the middle of Hexi Corridor;the gravity center of price pressure’s spatial distribution shifted from the southeast to the southwest and then to the southeast again,but showing a tendency of moving from the southwest to the northwest.The conclusion is,from 2010 to 2019,the price pressure of the districts and counties in Gansu Province displayed an appar⁃ent spatial difference,with the middle of Hexi Corridor having a relatively low price pressure and the midwestern and southern regions having a relatively high price pressure;this indicates the development of dif⁃ferent counties was uneven.

Key words:price pressure index;Spatial Autocorrelation Coefficient;Standard Deviation Ellipse;spatial and temporal difference

Basic Features of Policy Texts on the Accountability System of Teacher’s Ethics in Chinese Colleges:Analysis Based on ROST Data Mining System (by AN Xiangcheng,CHEN Ronghui)

Abstract:The accountability system of teacher’s ethics is an important means of promoting the teaching morality construction in China’s higher education.It is also an institutional tool to deal with problems of teacher’s ethics anomie.Using the approach of policy text mining and the ROST CM software,the paper comprehensively reviews and deeply analyzes the policy texts on accountability system of teachers’ethics published by 89 colleges and universities.Those policies are still functional.The contents of the policy texts are elucidated from the dimensions of subject,object,situation,procedure,and manner of the case of accountability.It reflects on the places for improvement and perfection in the accountability system of teachers’ethics in China’s higher education and proposes the following suggestions:the system design should be perfected to formulate special and systematic teaching morality accountability regulations;de⁃tailed rules should be made to enhance the accuracy and operability of the system;and relevant mechanism should be established and perfected to strengthen the effectiveness of accountability before and during a case of teacher’s ethics anomie.

Key words:teacher’s ethics anomie;accountability system of teachers’ethics in colleges and universi⁃ties;ROST CM;text mining

Study on the Quality Evaluation and Influence Factors of Online-and-offline Mixed Teaching from the Overall Process Perspective (by QIAN Li,ZHENG Ke,SONG Junxiu)

Abstract:From the overall process perspective,the current online-and-offline mixed teaching situation is analyzed through designing and inspecting questionnaires and an assessment index system is built up to evaluate the quality of online-and-offline mixed teaching.The influence factors of online-and-offline mixed teaching are investigated based on the descriptive statistic result of samples as well as the result of empirical analysis.The conclusions are as following:the quality of online-and-offline mixed teaching var⁃ies and the teaching process needs to be reformed and improved;from the overall process perspective,the in-class period contributes more to the overall online-and-offline mixed teaching quality than other peri⁃ods;factors that have an eminent positive influence on the quality of online-and-offline mixed teaching in⁃clude teaching design,teaching environment,course construction,teacher-related elements,and studentrelated elements.Teacher-related elements have the biggest influence on online-and-offline mixed teach⁃ing and student-related elements have more influence on the quality of online-and-offline mixed teaching during the pre-and post-class periods.Based on the above,the paper proposes to establish a mechanism to continuously and iteratively develop high quality teaching resources,to perfect a teacher development system with high-quality professionalism as the standard,to improve student’s initiative and self-motivat⁃ed automatic learning,and to complete the online-and-offline mixed teaching evaluation system so as to give a better play of its incentive function.

Key words:overall process;online-and-offline mixed teaching;quality evaluation;influence factor