Journal of Southwest Petroleum University(Social Sciences Edition)

Select

Magnificent Translation: Harold Acton's Four Cautionary Tales

CHEN Xialin, GE Guilu

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 119-126. DOI: 10.11885/j.issn.1674-5094.2021.05.15.01

Abstract （495）

HTML （2）

PDF（pc）（527KB）（10）

Save

British historian and sinologist Harold Acton is an important figure in the history of cultural exchanges between China and the West in the 20th century. His translation of Feng Menglong's "San yan" novels into Four Cautionary Tales was his first Sinology work, which enbodied his ideal of Chinese literature. The translation of Four Cautionary Tales is elegant and vulgar, magnificent and vivid, and is known as " Decameron in the East". Acton cited a large number of Sinological classics to annotate the book with a rigorous historical research attitude, presenting English readers with a collection of "Chinese stories" from the perspective of "the Other" in Western culture. Through domestication translation of the prologue, Acton also displays the ethical color of the popular novel "San yan", and promotes the admonishing significance of the translated version. Acton's selection and arrangement of translated articles form polyphony among different chapters, which is consistent with Feng Menglong's creative motivation and blends with Acton's expectation for Chinese popular novels, thus merging the literary ideals of Chinese and Western literati.

Reference | Related Articles | Metrics

Select

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 （444）

HTML （14）

PDF（pc）（398KB）（25）

Save

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.

Reference | Related Articles | Metrics

Select

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 （391）

HTML （0）

PDF（pc）（388KB）（15）

Save

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.

Reference | Related Articles | Metrics

Select

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）

HTML （204）

PDF（pc）（424KB）（123）

Save

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.

Reference | Related Articles | Metrics

Select

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 （316）

HTML （4）

PDF（pc）（589KB）（90）

Save

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.

Reference | Related Articles | Metrics

Select

The Communist Party of China's Understanding of the “Rogue Proletariat” and its Contemporary Examination——An Investigation Centered on the Period of Democratic Revolution

GAO Xiaochen

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 48-54. DOI: 10.11885/j.issn.1674-5094.2021.03.18.02

Abstract （254）

HTML （4）

PDF（pc）（375KB）（19）

Save

The rogue proletariat, also known as the vagrant proletariat, is a compound concept initiated by Marx and Engels, which means the group who, due to exploitation and oppression, lose their occupation and land and make a living by improper means in class society. During the period of democratic revolution, the Communist Party of China deepened and developed the general cognition of Marxist classic writers that the rogue proletariat is both revolutionary and anti-revolutionary, formulated the strategy of striving for and transforming it, highlighted its revolutionary nature under the leadership of the proletariat, and successfully guided the rogue proletariat to become an important driving force of the Chinese revolution. Today, it is necessary to give a more objective and fair evaluation to the rogue proletariat, and a necessary response to the interrogation and attack against the group. The final solution to this problem depends on the development of society and the elimination of unequal and unfair social system.

Reference | Related Articles | Metrics

Select

The Centennial Course of the Construction of the World Community by the Communist Party of China: Experiences and Enlightenment

PAN Jiantun, HUANG Qiuyu

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 39-47. DOI: 10.11885/j.issn.1674-5094.2021.05.20.01

Abstract （153）

HTML （10）

PDF（pc）（388KB）（46）

Save

In the course of the Chinese people's one hundred years' struggle for independence, prosperity and national strength, the Communist Party of China has constructed a revolutionary community aiming at overthrowing the "three mountains", a peaceful development community aiming at economic construction, and a community of shared human destiny aiming at global prosperity and development. The centennial experience of the Communist Party of China in building a world community mainly includes:persisting in giving full play to the leading role of the Communist Party of China, adhering to the common interests, adhering to the strategic principle of seeking truth from facts and keeping pace with the times. At present, the prosperity and development of the community of human destiny is directly related to the rejuvenation of the Chinese nation; we must give the benefit of mankind the first priority; we must keep pace with the times and explore beneficial routes to the goal.

Reference | Related Articles | Metrics

Select

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 （127）

HTML （2）

PDF（pc）（381KB）（22）

Save

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.

Reference | Related Articles | Metrics

Select

Jurisdiction over Duty Crimes after the Implementation of the Law on Administration Supervision——An Empirical Study on Senior Officials Crimes at Provincial and Ministerial Levels

LIU Wentao, LIU Miao

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 67-76. DOI: 10.11885/j.issn.1674-5094.2021.04.23.02

Abstract （113）

HTML （5）

PDF（pc）（471KB）（19）

Save

It has been a common judicial practice in China to deal with duty crimes across administrative borders. Off-site jurisdiction over duty crimes is conducive to ensuring judicial independence, cutting off intervention and establishing judicial authority, and to integrating judicial resources and investigation of the case. Since the 18th National Congress of the Communist Party of China and the reform of the supervision system, a large number of senior officials have been investigated and charged of crimes. Through empirical research we have found that off-site jurisdiction over duty crimes is widely applicable and runs through the whole process of investigation, prosecution and court trial, and that the standard for designation of jurisdiction is complex. However, there are still problems in off-site jurisdiction over duty crimes, such as insufficient legal basis and standards, unclear procedures and high judicial costs. To perfect the standards and procedures of off-site jurisdiction, it is necessary to establish a formal system of off-site jurisdiction over duty crimes through legislation, to determine detailed standards for designation of jurisdiction, to clarify relevant and overlapping jurisdiction over duty crimes, and to grant the defendant the right to apply for jurisdiction to strengthen the protection of the defendant's rights.

Reference | Related Articles | Metrics

Select

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 （109）

HTML （1）

PDF（pc）（399KB）（24）

Save

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.

Reference | Related Articles | Metrics

Select

Legal Regulation on the Application of Face Recognition Technology

ZHANG Jianwen, ZHAO Ziyu

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 100-105. DOI: 10.11885/j.issn.1674-5094.2021.04.19.07

Abstract （108）

HTML （5）

PDF（pc）（352KB）（34）

Save

In the era of information technology, the application of face recognition technology has brought great convenience to people's production and life, but at the same time, there are also problems of recognition dislocation, discrimination, and violation of informed consent rules, which may lead to the invasion of privacy. In response to the above problems, the United States adopts a decentralized legislative regulation mode for the application of face recognition technology, and establishes differentiated regulatory paths according to the different subjects of face recognition technology application, while the European Union adopts a unified and strictly restricted legislative mode. There are loopholes in China's legal regulation of the application of face recognition technology. We should encourage the development of emerging technology and improve the governance mechanism of multi-party participation based on the existing regulatory system. Specifically, it includes:establishing the principle of information processing accuracy to ensure the safety of personal information in the application of face recognition technology, improving the "informed consent" rules and relief measures for privacy infringement, and comprehensively protecting facial feature information according to different department laws.

Reference | Related Articles | Metrics

Select

Application of the Rule of “Notice and Delete” for Patent Infringement in E-commerce——On Article 1195 of the Civil Code

WANG Xuxia, WANG Runzhi

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 77-84. DOI: 10.11885/j.issn.1674-5094.2021.04.13.06

Abstract （102）

HTML （4）

PDF（pc）（385KB）（21）

Save

After the official implementation of the Civil Code, the "Notice and Taking Down" rule in judicial practice reflects the following problems in the direct application of the system to patent infringement in the field of e-commerce:the potential abuse of the rule, the disequilibrium of the interests between the right holder and the merchant;The audit standard of notice and counter notice is difficult to reach the same level, resulting in material injustice; Merchants lost due to incorrect notifications are difficult to recover. To solve the above problems, the existing solutions of the academic community are insufficient. It is necessary to start from the particularity of patent infringement, interpret and apply it in accordance with the provisions of Article 1195 of the Civil Code, explore platform autonomy, and promote the application of the "Notice and Taking Down"rule in patent infringement in the field of e-commerce.

Reference | Related Articles | Metrics

Select

On the Criminal Regulation of “Campus Loan”

TIAN Wei, HE Linghong, LU Yuning

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 55-66. DOI: 10.11885/j.issn.1674-5094.2021.04.19.06

Abstract （98）

HTML （7）

PDF（pc）（533KB）（17）

Save

Campus loan, an online loan characteristic of small amount, fast lending and low threshold, attracts college students with more consumption demand. However, due to the lack of supervision of the network loan platform and irrational consumption of college students, campus loan has caused the chaos of usury, fraud and nude loan, some being crimes. Different from other online loans, campus loan aims at specific subjects, offers loans in concealment;it also takes non-concrete form of mortgage and illegal dunning methods, and can even drive victim student into crimes. In order to protect the legitimate rights and interests of college students, and to safeguard financial security and social order, it is necessary to establish a crime prevention and control system, promote joint supervision, and to strengthen the supervision and students' consciousness of rule of law so as to guide campus loan into a benign track of development, to achieve good legal and social effects.

Reference | Related Articles | Metrics

Select

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 （93）

HTML （0）

PDF（pc）（463KB）（22）

Save

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.

Reference | Related Articles | Metrics

Select

Legal Regulation of Oil and Gas Resources Market Supervision

DONG Zhengai, ZHANG Yu

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 1-7. DOI: 10.11885/j.issn.1674-5094.2021.05.25.05

Abstract （89）

HTML （11）

PDF（pc）（373KB）（40）

Save

Oil and gas resources are the basic energy to drive economic and social development and national construction. Comprehensive and professional market supervision must be adopted to ensure the market vitality of oil and gas industry. China's present oil and gas resources market supervision mode is an integration of administration and supervision with unified legislation, which lacks a coordinate market supervision system. And the legal regulation of oil and gas resources market supervision has the problem of incomplete laws and regulations, and imperfect supervision basis;the integration of government and supervision is greatly constrained, and the professional independence of supervision is insufficient; and the unscientific the layout of supervision links creates loopholes and poor connection in supervision. To deepen the reform of oil and gas resources management system and realize the modernization of oil and gas resources market supervision, we suggest a complete supervision legal system be established based on the superior laws such as Energy Law and Mineral Resources Law, by setting up professional supervision institutions and realizing the whole process supervision.

Reference | Related Articles | Metrics

Select

A Study on the Application of Money Laundering Crime in the Context of the Amendment to the Criminal Law (XI)

WU Lizhi, ZHANG Huijun

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 93-99. DOI: 10.11885/j.issn.1674-5094.2021.04.24.02

Abstract （89）

HTML （5）

PDF（pc）（351KB）（13）

Save

The crime of money laundering is a recognized international crime. In 1997, China's criminal law clearly stipulated the crime of money laundering, and constantly improved its conviction and sentencing through amendments. In 2020, the Criminal Law Amendment(XI) revised and improved the crime of money laundering again. In the subjective aspect of money laundering crime, although the word "knowing"has been deleted in the Criminal Law Amendment(XI), the subjective consideration of the perpetrator of money laundering crime should consider his understanding of the nature of the object of behavior and include indirect intention in the subjective elements. The Criminal Law Amendment(XI) cancels the expressions of "helping" and "assisting", which no longer limits money laundering crime to helping the upstream criminals, but includes the upstream criminals in the subject of money laundering. Such amendments will be of great significance to judicial practice and overseas chasing, and more in line with the purpose of establishing the crime of money laundering.

Reference | Related Articles | Metrics

Select

The Effects of Multiple Leadership Roles on Leadership Effectiveness and Career Satisfaction and Mediation of Role Ambiguity and Emotional Labor

CHEN Yuling, ZHENG Keyi, CHEN Weizheng, WAN Fang

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 8-17. DOI: 10.11885/j.issn.1674-5094.2021.04.12.05

Abstract （81）

HTML （9）

PDF（pc）（417KB）（28）

Save

This paper studies the influence of multiple leadership roles on leadership effectiveness and career satisfaction, and further analyzes the mediating effect of role ambiguity and emotional labor. Taking 385 leaders as the research objects, the empirical analysis using SPSS and MPLUS software found that:(1) multiple leadership roles have a significant positive effect on leadership effectiveness and career satisfaction;(2) role ambiguity plays a mediating role in the relationship between multiple leadership roles and leadership effectiveness, and between multiple leadership roles and career satisfaction;(3) emotional labor plays a mediating role between multiple leadership roles and leadership effectiveness. The research results imply that leaders with multiple roles can improve leadership effectiveness and career satisfaction by clarifying role boundaries and reducing role ambiguity, and can also improve leadership effectiveness by enhancing emotional labor.

Reference | Related Articles | Metrics

Select

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 （76）

HTML （10）

PDF（pc）（447KB）（21）

Save

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.

Reference | Related Articles | Metrics

Select

The Appropriation System of Financial Budget of Performance in Universities——The Pilot Practice in Provincial Universities in Chengdu

ZHENG Jun, LI Kaiwei, PU Junmei, LUO Yan, ZHU Jing, GUO Xiaoyi

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 30-38. DOI: 10.11885/j.issn.1674-5094.2021.05.10.02

Abstract （74）

HTML （1）

PDF（pc）（837KB）（28）

Save

The key for higher education development is the allocation of educational resources, among which the scientific allocation and effective management of financial funds are the most critical. At present, reforming the traditional budget allocation mode of financial support for colleges and universities is of urgent need for administrative departments, and the performance appropriation system is a beneficial attempt to fully implement budget performance management in the budget allocation stage. Selecting Sichuan provincial undergraduate universities in Chengdu as samples, based on analysis of the operation and problems of financial allocation system in the universities before the reform, this paper studies the pilot effect of basic appropriation and performance budget appropriation after implementing budget performance appropriation system, and finds that relevant universities respond positively, and the overall situation is ideal. In the future, the competent government departments should make more active and in-depth explorations in enlarging the total fund appropriation, strengthening the efficiency of capital investment, and promoting the combination of distribution and management services, so as to continuously improve the performance appropriation system of budget in universities and colleges.

Reference | Related Articles | Metrics

Select

The Empirical Study of Organizational Socialization Tactics Towards Retention Intention of New Generation Employees in Technology Enterprises

YU Xuan, YUAN Yue, LI Haihong

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 18-29. DOI: 10.11885/j.issn.1674-5094.2021.05.04.03

Abstract （72）

HTML （2）

PDF（pc）（426KB）（25）

Save

Based on the theory of social exchange, this paper explores the "black box" mechanism of organizational socialization tactics towards retention intention of new generation employees who are born after 1985 in technology enterprises. Through the hierarchical regression analysis of 224 new generation employees who are born after 1985 in technology enterprises, we conclude that organizational socialization tactics does have a significantly positive impact on retention intention of new generation employees; boundaryless career attitudes (boundaryless mindset and organizational mobility preference) have the mediating effects in the impact of organizational socialization tactics on retention intention of new generation employees; perceived organizational support has positive moderating effect on the impact of boundaryless career attitude (boundaryless mindset and organizational mobility preference) on retention intention of new generation employees. We suggest that the executives of technology enterprises be concerned about th effect of work environment on career attitude and retention intention of new generation employees, and improve new generation employee management.

Reference | Related Articles | Metrics

Select

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 （71）

HTML （1）

PDF（pc）（361KB）（17）

Save

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.

Reference | Related Articles | Metrics

Select

Anti-Infection Mechanism of Adolescents to AIDS and the Functions of Social Work in AIDS Prevention

LIU Binzhi, ZHOU Haimei

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 106-118. DOI: 10.11885/j.issn.1674-5094.2021.01.15.01

Abstract （68）

HTML （1）

PDF（pc）（514KB）（12）

Save

Although adolescents are considered to be a vulnerable group to HIV, they are a diverse group, and many of them show anti-HIV characteristics. Based on in-depth interviews with 16 teenagers, this paper explores the teenagers' antiHIV/AIDS qualities drawing lessons from biological immune theory framework, and the results reveal that their anti-HIV mechanism functions in the following five stages:immune monitoring, early warning, immune activation, immune effect and immune enhancement. Each of the stage involves specific anti-infection elements, metal and behavioral changes and major incentives. Based on this analysis, the research explores the functions of social work in activating adolescents' anti-infection mechanism in AIDS prevention and treatment services through social governance, self-attention, empowerment, crisis response and subject building.

Reference | Related Articles | Metrics

Select

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 （56）

HTML （5）

PDF（pc）（351KB）（22）

Save

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.

Reference | Related Articles | Metrics

Select

Optimization of the Legal System of Consumer Information Protection in E-commerce——the Game between Business Platform Operators and Consumers

YU Jinxiang, QI Runfa

Journal of Southwest Petroleum University(Social Sciences Edition) 2021, 23 (5): 85-92. DOI: 10.11885/j.issn.1674-5094.2021.04.13.05

Abstract （52）

HTML （2）

PDF（pc）（387KB）（11）

Save

Consumer information is constantly at the risk of being illegally acquired and used in E-commerce. Rights and obligations between e-commerce platform operators and consumers are increasingly on an imbalance after the issue of "E-commerce Law". With the help of the "Prisoner's Dilemma" model, we find that one reason consumer information is frequently violated is that the burden of proof system has failed to consider and adjust the weak position of consumers in the game relationship; the other is the lack of mandatory industry self-discipline system, which contributes to the failure to reverse the imbalanced position between e-commerce platform operators and consumers in the game. In order to optimize the consumer information protection system in e-commerce, we suggest applying the principle of inversion of the burden of proof, and giving play to the positive role of the government in promoting enterprise self-discipline.

Reference | Related Articles | Metrics

Select

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）

HTML （11）

PDF（pc）（387KB）（18）

Save

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.

Reference | Related Articles | Metrics

Most Read articles