Abstracts

AnalysingState’sInterveningofEconomyinPerspectiveofFictitiousCommodity

XIEFu-sheng＆DUXin-lin

Fictitious Commodity is the premise for understanding the relationship between the government and the market and analyzing the economic functions of the state in the perspective of Marxist political economy. And yet, in the perspective of fictitious goods, what a state intervenes in economy is not the market mechanism, but the management of fictious goods as the basis of state management of economic activities. As essential elements of production activities,labor, nature, money and knowledge can be circulated and applied in the form of commodities,and they are in essence “fictious commodities”, rather than private labor products. As the basis of social existence and embodiment of social relations, they cannot be completely subordinate to market rules; Their nature of non-commodity explains why market mechanism alone is not enough to realize the effective regulation of their production and circulation. The attributes of labor force and fictious goods of nature determine that if they are fully commercialized, the survival and stability of a society will have problems and challenges. In market economy, their indispensability as factors of production determines that the state should intervene in their commercialization and be responsible for the maintenance of their non-commodity forms. The commercialization of money and knowledge is the result of the development of market economy. The higher the degree of commercialization and fictiousization of money is, the greater the possibility of crisis will be. Therefore, the state should regulate the payment system to ensure its stability.Intellectual property rights and patents are brought forth with commodity forms, and yet they are not purely the product of private labor. They are the result of social cooperative labor and cannot be fully commercialized. From the perspective of the use of knowledge in the process of production, their characteristics as capital of some sorts require the state to guide the development of knowledge.

WhetherMediaFocusDrivesAIEnterprisestoFulfillTheirSocialResponsibilities:Basedon China’sA-shareAIEnterprisesfrom2010to2019

XIAOHong-jun,YANGZhen＆LINGHong-cheng

AI enterprises are brand-new bearers of corporate social responsibility, and their corporate moves have high internet virality and sociality. As a result, their negative social problems, if any, will arouse great attention from the public and the media. In the era of digitalization and AI technology, there is, however, a lack of research on the heterogeneity and legitimacy of media focus, which drives AI enterprises to fulfill their social responsibilities, and of the examination of the substitutive or complementary effects exerted by different institutional types in their driving processes. Based on China’s A-share AI enterprises from 2010 to 2019, this paper examines empirically the impact of media focus on AI corporate social responsibility, and their moderating effects on both external formal institutions (market-oriented environment and contract enforcement) and informal institutions (Social Trust) on media attention and AI corporate social responsibility as well. The results show: (a) Media focus has a significant positive impact on the social responsibility borne by AI enterprises, and the heterogeneity analysis results show that the driving effect of policy-oriented media focus on social responsibility of AI enterprises is stronger than that of market-oriented media focus; (b) External formal institutions(market-oriented environment and contract execution time) have a positive moderating effect between media focus and AI corporate social responsibility, showing that both formal and informal institutions have positive effects on enterprises, and yet the formal ones only have a positive moderating effect between market and social oriented media attention and AI corporate social responsibility, while the regulatory effect between policy oriented media focus and AI corporate social responsibility is not obvious; (c) Social trust as informal institution of media has a positive moderating effect between social concern and social responsibility of AI enterprises, showing the synergistic effect, of external informal institutions and media focus, on corporate social responsibility, while social trust, as informal institution, has no obvious synergistic and complementary effect on policy-oriented media focus and AI corporate social responsibility; And(4) overseas experience of study and work by senior executives has a significant positive moderating effect between media focus and AI corporate social responsibility, and distinguishes policy-oriented media from market-oriented media. More obvious is the positive moderating effect of overseas work experience of senior executives.

OnWaytoHigh-qualityDeliberationDevelopmentthroughDeliberationCapitalCultivation:ExperimentalStudyofCommunityDeliberationBasedonInterventionbyOfficial,Experts andMedia

ZHANGDa-wei

China has come to the stage of high-quality development and needs changing its development mode. High quality is all that is called for in both economic and social development. In rural revitalization, the deliberation system of rural community also needs a high-quality mode of development. The focus of international researchers has been put on separate conception of deliberation capital or deliberation quality, but not on the internal relationship in between. In a complete deliberation system, expanding deliberation capital affects the deliberation quality.This paper studies five cases with intervention variables of three kinds: those of officials, experts and media in rural community deliberation experiment in the first batch of five rural community governance experimental areas in China. The results show that in the deliberation system, the deliberation capital released by the three action variables can significantly improve the deliberation quality. Among them, the positive influence of experts is the most significant; the negative influence of officials is limited; and the supervision effect of the media is obvious.Therefore, it puts forward the high-quality development mode for community deliberation system in rural revitalization, that is to increase deliberation capital to develop deliberation quality,and in high-quality development of deliberation system, focus should be put on cultivating deliberation capital. More exactly, this mode consists of three interrelated parts: first, high-quality development of rural community deliberation is to take the construction of local deliberation system as its base; second, it should be focused on improving deliberation ability; and, third,it is the key to the high-quality development of community deliberation system to effectively cultivate deliberation capital. At the same time, pretests should be made before any further moves should be made.

GovernaceofUnitedChinainStateofQinandItsWartimeTransformationofSocialSystem

XIONGYong

When King Zhao of the Qin State, came to reign over his state, the other states in the East frequently joined their strategic forces to resist the State of Qin. With the strength gathered from farming reform and and reasonable strategic layout released by Shang Yang, the State of Qin defeated time and again the joint offensives launched by those hosital states, but resulted in a series of national identity crises. Behind all this, there is an important historical clue that the eastern states negated the rising mode of the State of Qin, revealing that although having a unified military strength, there is still an urgent need to for the State of Qin to solve the problem of political and ideological unification. A preliminary idea of adjusting the wartime system of the State of Qin was put forward in the article “Lai Min” under the pretence of reforming the title system, intending to resolve the difficulties and urging the ruling class of the State of Qin to take into serious consideration the problem that the Eastern states did not agree with the State of Qin. Just before the unification of the State of Qin, Lu Buwei became more aggressive with political and cultural forces, and wanted to replace the military class of the Qin with his retainers,so as to push the change in the military-first policy of King Zhao of the Qin State. This move,though wise and correct in historical perspective, yet aroused the dissatisfaction of the senior military meritorious group of the Qin State and was strongly opposed by them. After the unification of the State of Qin, the First Emporer of the Qin decided to depower senior military meritorious heroes by rewarding them, and in this way, the Emperor expected to transform the national system from a military meritorious society to a prefectural system of bureaucracy. This social reform was imcomplete and resulted in the downfall of the Qin Dynasty.

CommentsonSentence3inParagraph2ofArticle188ofCivilCode(TheLongestLimitations andItsExtension)

YANGWei

Sentence 3 in Paragraph 2 of Article 188 of theCivilCodeis the basic norm of the longest limitations and its extension. The longest limitations have a “capping” effect on the calculation of ordinary and special limitations, with the extension of limitations as an exception. The longest limitations adopt the objective starting standard, that is, the starting point is the day when the right is infringed (the day when the tort, breach or other harmful facts occur), except as otherwise provided for by any law. The causes for extension should be strictly identified, and common situations include Taiwan-related cases, personal-identity-related cases, and cases involving latent personal injury, but such cases as decoupling some administrative subordination in banks and that the obligee is detained or serving a sentence will never be the causes for extension. The doctrine of right of defense is applicable to the effect of the expiration of the longest limitations, and the effect of the extension of limitations is directly reflected in the denial of the obligor’s right of defense.

OnHistoricalInterpretationinFormofCommentaryonChineseCivilLaw

WUXun-xiang

The commentary on the Chinese civil law should use a combination of textual, systematic,teleological and historical methods of interpretation. With regard to the connotation of the historical interpretation, the Chinese academia should move away from the traditional theory that restricts itself to the highly empirical method of identifying the subjective ratio legis, so as to take the identification of the objective ratio legis as the main purpose. The historical interpretative materials on which our legal commentaries are based mainly include the successive drafts of theCivilCodeand the reasons for them, the single laws and their explanatory materials from the era of the single law, and the dogmatic literature. The historical origin of the provisions should be identified with reference to the succession clearly given in the legislative sources or supported by other documents, and by taking into account the examination of comparative law.Through the historical interpretation of both the existed and newly created provisions, the commentary can identify their objective ratio legis in order to achieve the systematic integration and localization in the context of theCivilCode.