Journal of Southwest Petroleum University(Social Sciences Edition)

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Misunderstanding and Clarification: Identification of Defective Evidence and Illegal Evidence

LIU Wentao, JIANG Hui, LIU Miao

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 78-87. DOI: 10.11885/j.issn.1674-5094.2023.01.11.01

Abstract （442）

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The rules of illegal evidence exclusion and the rules of defective evidence correction are the important for judicial organs to safeguard judicial justice and prevent unjust， false or wrong cases. At present， the identification of illegal evidence and defective evidence in China has the characteristics that the application for exclusion of illegal evidence relies heavily on lawyers’ participation， the proportion of illegal evidence identification is low and is mainly based on verbal evidence， and the proportion of defective evidence identification is high and is mainly based on physical evidence. Such practice leads to problems， such as confusing the rules for exclusion of illegal evidence with the rules for correction of defective evidence， degrading illegal evidence due to the difficulty in determining “possible effect on fair trial”， and irregular ways for correction of defective evidence. In order to further improve the evidence system of criminal proceedings in China and safeguard judicial justice and social justice， we should clearly define the specific form， correction mode and scope of defective evidence， clarify the exclusion rules of certain evidence types， and at the same time give full play to the pre-trial filtering function of procuratorial organs to implement the substantive trial.

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The History and Enlightenment of the Chinese Communist Party’s Promotion of the Spirit of Model Workers

HE Wenxin

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 51-58. DOI: 10.11885/j.issn.1674-5094.2022.10.07.04

Abstract （362）

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The spirit of model workers is an important part of the spiritual pedigree of Chinese Communists and a valuable spiritual wealth， which plays a vital value-leading role in the development of the Party and the country. The promotion of the spirit of model workers by the Communist Party of China has mainly experienced four stages: starting， taking form， exploring and enriching， and value leading. The understanding of the spirit of model workers has developed from the summarization of the excellent quality of model workers to the integration of multidimensional value guidance， and then into a three-dimensional integrated value guidance system composed of the spirit of model workers， the spirit of hardworking and the spirit of craftsmanship. In the new era， promoting the spirit of model workers needs to adhere to the principal position of the people， to deepen the understanding of the spirit of model workers with the times， and to innovate the mechanism of the promotion of the spirit of model workers with the development of the time， so as to unite the hundreds and millions of people and pool their power.

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Low-Carbon Energy Collaborative Governance of “Belt and Road” Countries Towards Carbon Neutrality

WANG Hao, HUANG Xiaojian

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 1-11. DOI: 10.11885/j.issn.1674-5094.2022.11.13.02

Abstract （324）

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Low-carbon energy collaborative governance is a key step towards carbon neutrality in “Belt and Road” countries. However， at present， countries along the “Belt and Road” are faced with such problems as a lack of core concept and normative basis for energy and low-carbon cooperation， and dysfunction of energy and low-carbon cooperation system and of mechanism for energy and low-carbon cooperation. Therefore， to achieve carbon neutrality， “Belt and Road” countries need to follow the concept of an “energy community of shared future” and establish a collaborative system for low-carbon energy governance. Specifically， it is necessary to strengthen the normative basis for “Belt and Road” energy and low-carbon cooperation， to form a diversified and all-round structure for energy and low-carbon cooperation， to improve modes for low-carbon energy collaborative governance， to build mechanism for carbon emission reduction responsibility， and to improve the environmental assessment process， energy emergency response， dispute resolution procedures.

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The Psychological and Social Mechanism and Risk Prevention of Adolescents’ “Gossiping” Online

LIU Binzhi, QIN Hongju

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 32-42. DOI: 10.11885/j.issn.1674-5094.2022.12.09.03

Abstract （315）

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With the development and popularization of the Internet， teenager “gossiping” online is increasingly becoming a common and popular phenomenon. Through online ethnography， online text analysis and interviews with teenage netizens， we found that teenagers’ online “gossiping” can be summarized as consumption and immersion of emotion， sharing and interaction in behavior， neutrality and observation in cognition， snooping and truth seeking in psychology. The online “gossiping” of teenagers is the result of the joint function of herding effect， bystander effect， sour grape effect and looking glass self， which may lead to social risks of indifference in morality， polarization of opinions， subject disorientation and collective unconsciousness. To prevent the risks， institutional efforts are needed to intervene by social workers through case work or group work etc. to provide teenagers with services in emotion management and self-identity.

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The Ethical Implication of the Communist Party of China’s Rural Governance in the New Era

YIN Tieyan

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 12-21. DOI: 10.11885/j.issn.1674-5094.2022.08.22.02

Abstract （125）

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Socialism with Chinese characteristics has entered a new era， and the CPC is shouldering the important task of realizing the integrated development of urban and rural areas. Promoting the ethical construction of rural governance is an important guarantee for achieving the modernization of the rural governance system and governance capacity， and is an important goal for the modernization of rural governance in the new era. The ethics of rural governance in the new era should expand its connotation around the five aspects of economy， politics， culture， society and ecology， specifically including the economic ethics with common prosperity as the basic goal， the political ethics with fairness and justice as the value pursuit， the cultural ethics with farming civilization as the practical basis， the social ethics with township rules and regulations as the important guarantee， and the ecological ethics with the harmonious coexistence of man and nature as the core. Rural economic， political， cultural， social， and ecological ethics are interrelated and interact， forming a dialectical unity of rural governance in the new era.

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A Review and Prospect of and the Approach to the Conceptual History Studies of the “Spirit of Hard Work”

SHI Chengcheng

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 43-50. DOI: 10.11885/j.issn.1674-5094.2022.11.22.02

Abstract （103）

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Concept is not only the carrier of the ideological history， but also the theoretical entry of the corresponding research. The history of the development and evolution of Marxism in China can be said to be the continuous development of concepts. And the “spirit of hard work” by Xi Jinping,is a scientific summarization of the practice of CPC in the past one hundred years,and the latest achievements of sinicization and modernization of Marxist concept of labor.At present， the academic researches on the concept of “spirit of hard work” mainly focuses on the generation logic， the connotation value， and on the cultivation and promotion of the spirit of hard work in the new era； little attention has been paid to its history of the semantic change and the ideological evolution. Based on the theory and method of conceptual history,wemade a review of researches on the concept of the “spirit of hard work”， attempting to promoting the comprehensiveness and systematization of concept research while expanding the horizon of similar researches， enriching the research content and changing the research paradigm.

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The Manifestation， Origin and Liberation of Workers’ Spiritual Poverty——Rethinking the Cultural Narrative of The Condition of the Working Class in England

FENG Kai

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 70-77. DOI: 10.11885/j.issn.1674-5094.2022.09.27.04

Abstract （91）

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The major concern of The Condition of the Working Class in England is the realization of the spiritual liberation of workers in the study of the spiritual poverty of the working class. For a period of time， the academic circles have not explored enough the theme of the spiritual poverty of the working class elucidated in the text， and have not been able to elaborate Engels’ views on this issue in the organic integration of text and thought， history and reality， theory and practice. To understand Engels’ views on this issue， we should not only clarify the theoretical logic of Engels’ narration from the perspective of textual philology， but also explain its profound historical logic with the research method of historical genetics. Examining this issue will help to enhance the overall understanding of Engels’ cultural thoughts， draw experience in the process of studying workers’ spiritual poverty， and provide reference for the improvement of people’s material life and spiritual life. In this sense， Engels’ thinking based on the problems of the times and the characteristics of national conditions still has important ideological value today.

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A Study on the Influence of Irrational Online Public Opinions on College Students’ Thoughts and Behaviors

CAO Zheng, HE Jia, ZHANG Huachun

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 101-110. DOI: 10.11885/j.issn.1674-5094.2023.03.29.01

Abstract （73）

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Net-mediated public opinions play a prominent influence on college students’ thoughts and behaviors. Characteristic of strong emotional incitement， opposing opinions and comments， distinct language style and potential behavior guidance， irrational internet public opinions tend to exert adverse effects on college students whose thoughts and behaviors are still shaping， interfering with their understanding of and attitude to society， and with their values and behaviors. In order to shape the new pattern of mainstream public opinion and promote the formation of a good network public opinion ecology， college students should cultivate their competence as network subjects， establishing their awareness of network self-discipline， enhancing their network media literacy and improving their management of negative emotions. In addition， the government， society， universities and families should joint their efforts in irrational public opinion governance and build a “four-in-one” cooperative response pattern of irrational network public opinions， so as to guide college students to become the vanguard that lead the style of the network age.

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Constitutionality of the System of Cooling-off Period for Divorce——An Analysis from the Perspective of the Principle of Proportionality

TANG Fen, ZENG Yulan

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 88-94. DOI: 10.11885/j.issn.1674-5094.2023.04.06.04

Abstract （67）

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Cooling-off period is applied to divorce cases in many countries. In China， cooling-off periods applies only to divorce by agreement， but has been the focus of controversies since it came into effect. Supporters hold that the cooling-off period prevents couples from making impulsive divorce decisions， but others say it sets up procedural obstacles and interferes with private freedom. Restriction of the basic rights of common citizens by public power must comply with the principle of proportionality， the basis of which is human right protection and includes three aspects: appropriateness， necessity and balance. Seen from the perspective of the principle of proportionality， the constitutionality of the cooling-off period system is legitimate in legislative purposes and meets the requirements of appropriateness and necessity. But affecting the interests of the vast majority for the interests of a minority is not in line with the principle of balance and the basis of constitutionality is slightly lacking. It is urgent to perfect the cooling-off period system， making it conform to the purpose of the constitution and maintaining the authority of the constitution.

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Practical Issues of the Detention Necessity Review System and Approaches to Its Reform

CHEN Hanying

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 95-100. DOI: 10.11885/j.issn.1674-5094.2023.01.12.01

Abstract （55）

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The necessity review of detention refers to the judicial activity of the People’s Procuratorate to examine whether there is a need to continue the detention of arrested criminal suspects or defendants in accordance with the provisions of the Criminal Procedure Law. It is of great significance to supervise the whole process of arrest and prevent “arrest bargaining”. In the implementation of this system， there are problems caused by inconsistent legal norms， such as confusion of the subject of the reviewing， non-standard reviewing procedures， and lack of corresponding quantitative basis for judgment. It is urgent to clarify the relationship between relevant legal norms about the necessity review of detention， to restore the mandatory measures of arrest， to improve the supporting systems， and to establish quantitative indicators for the necessity review of detention using the conditions for release on bail and arrest as reference. In addition， attention should also be paid to the number of requests for necessity review of detention and to psychiatric evaluations of detained suspects.

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The Evolution of Technology Capitalization in the Development of Capitalism

ZHA Tanglong

Journal of Southwest Petroleum University(Social Sciences Edition) 2023, 25 (4): 111-118. DOI: 10.11885/j.issn.1674-5094.2022.12.17.01

Abstract （41）

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Science and technology and capital， the two forces for the development of capitalist society， gradually converge through technology capitalizationwhen driving capitalism from the stage of free competition to the stage of international monopoly.In terms of the subject， this evolution is mainly manifested by the expansion of individual capital to private equity capital to national capital and then to international capital. In terms of mode， it mainly refers to the transformation from invention workshop to industrial research laboratory and then to science and technology strategic alliance. In terms of path， it is mainly manifested as the capitalization of scientific and technological artifacts， the capitalization of scientific and technological knowledge， the capitalization of patent rights and the capitalization of intellectual property. Exploring the internal logic of this process can not only deepen the understanding of the alienation of science and technology， but also provide a mirror for science to guide the capital to serve the self-reliantdevelopment of science and technology.

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