Table of Content

01 January 2014, Volume 16 Issue 1

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The “3T” Young Science and
Technology Talent Training Model and Its Effects
—A Case Study of Bohai Oilfield

WANG Hai-lin TIAN Li-xin WANG Yong-li

2014, 16(1):  7-23. 

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Bohai Oilfield has recruited a large number of university graduates into its science and technology force. However，many of them have difficulties adapting to production and research work in the oilfield. In this context，Bohai Oilfield established the “3T” (Tutor，Training，and Technology forum) training model. Through tutor instruction，onthespot work skill training，and youth technology innovation forum，and by forging excellent youth talent teams，we have shortened the time for the university graduates to adapt to oilfield production research work and acquire necessary research methods and working skills.

On the Relationship Between Economic Law and State Intervention

ZHANG Zheng

2014, 16(1):  12-16.  DOI: 10.3863/j.issn.1674-5094.2014.01.003

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State intervention in economy is made in the form of economic law. In order to distinguish the relationship between economic law and state intervention，we need first to understand the origins and definitions of economic law. Economic law had experienced an unprecedented development in the period of monopoly capitalism，and got accepted by the society as a legal form of state intervention. It adjusts the four major elements in economic relationship: macrocontrol，market entity，market order and social allocation. Compensating for the inherent vice of market and government，economic law has played an important role on overcoming market and government failure，and has also laid the foundation for the legalization of state intervention .

Investigation on the Effects of Supervision and Management
System Reform for Land Requisition Compensation Fees

LIN Rui-fang WANG Xiao-yan ZHU Xin-min ZHU Xiao-xian ZHOU Min CHEN Ying-yu

2014, 16(1):  17-23.  DOI: 10.3863/j.issn.1674-5094.2014.01.004

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With the development of  urbanization，the new countryside construction has become a hot issue in the society which has brought about a heated debate on the land compensation fees. As the most basic means of production for human existence，the land matters a lot，especially for rural villagers. The reformation in land system is closely linked to the life of farmers who attach importance to the reform. However，risks in the process of land reform will undoubtedly bring to the society certain pressures whether the reform can conform with the farmers’ will and be successful，whether farmers can understand and support the government，and whether land reform can be carried out smoothly. The underlying problems in the reform will affect the vital interests of the farmers and will have a great impact on the society as a whole. Based on the current problems in supervision and management of the land compensation fees，this paper，through onthespot investigation，addresses the necessity of land reform，and put forward some corresponding suggestions on the content and effect of reform.

Land Requisition，Intensive Interests and
Alternation of Elites in Village Governance
—A Case Study of Village Y in West Hubei Province

YUAN Ming-bao

2014, 16(1):  30-35. 

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With the rapid development of urbanization，land requisition and demolishing has become an important factor in promoting rural development and in grassroots governance. It not only brings about intensive interests but also changes the logic of grassroots governance. This paper analyzes the phenomenon of elite alternation by taking a village in west Hubei as an example，where the traditional elites are encountered with various problems in land requisition and demolishing and secede from the governance system，while the emerging elites enter into the system supported by their economic and social capital. They solve public affairs such as the “nail households” caused by land requisition and demolishing and the “petition households” by taking advantage of their personal resources. We think that although such elite alternation has contributed to the solution of various problems in land requisition and demolishing，it may lead to the erosion of grassroots social interests and the decomposition of the legality of grassroots.

The Construction of Public Security Service System
—From the Perspective of Contract Governance

 

ZHANG Xin-liang HOU Li MENG Xiao-min

2014, 16(1):  41-45.  DOI: 10.3863/j.issn.1674-5094.2014.01.008

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Social security has always been a major political and social issue. However，at the present，professional police who offer single and sole public security service cannot completely meet the needs of the public，which requires government to innovate public security service system，achieving “improvement without increasing police power” by way of diversified governance of security service. Contract governance in security service provides a feasible way to realize the diversified governance of security service and the improvement without increasing police power. Scattered resources existing in society can be integrated by means of contract governance，making them a joint force to achieve the diversified governance of security service.

The Green Turn of Agriculture：Its Significance and Paths

HU Peng-hui TIAN Mu-ye

2014, 16(1):  46-49.  DOI: 10.3863/j.issn.1674-5094.2014.01.009

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Various food safety issues have occurred in recent years，which results in people’s appeal for a green turn in agriculture. Starting from the connotations of green agriculture，this paper probes into the significance and prospect as well as the approaches of the green turn in agriculture. And based an analysis of the attributes of agriculture as a public product，we hold that the economic costs generated in the transformation process should not be covered by the ordinary people，and suggests that the state should play an active leading role in this process so that all the people can enjoy healthy and safe food as the result of the green transformation.

Re advocating of Teleological Method of Interpretation
—A Comparative Analysis of the Purposes of
Criminal Procedure Law and Criminal Law

DU Qi LUO Jian-wen LAI Shan-ming

2014, 16(1):  55-61.  DOI: 10.3863/j.issn.1674-5094.2014.01.011

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Given the great disparity of the power between the accuser and the defender in criminal suits and the possibility that the defendant may not be guilty in criminal proceedings，the Criminal Procedure Law mainly aims to ensure human rights instead of impose punishment for crimes. The principles of “presumption of innocence” and “in dubio pro reo” should only apply to the occasions when evidences and facts are questioned，rather than becoming the direction of interpretation of criminal law. Clauses of criminal law are not only the right verbal expressions，but the objects of interpretation of criminal law. “The aim creates all the laws.” Thus，interpretation of criminal law should aim at protecting legal interest behind the clauses of criminal law. If there exists doubt on the interpretation of criminal law，it should enact within the framework of the principles of legality and on the basis of the aims behind the clauses of criminal law，thus to achieve the justice of punishment within the specification as much as possible.

A Discussion on the Conception of Extensive Mediation System
in China from the Perspective of “Access to Justice”

ZHANG Hong-xu

2014, 16(1):  62-67.  DOI: 10.3863/j.issn.1674-5094.2014.01.012

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When the trial procedures develop from roughness towards sophistication，the litigate system has become increasingly civilized. However，the inherent drawbacks of this system are also arising. Law justice and social justice are becoming more and more difficult to be represented by judicial justice，and people feel that justice seems to be increasingly out of reach. In this case，the mediation system naturally becomes a rational choice to remedy the shortcomings of the litigate system. The important ways and steps to realize the harmonious society and to satisfy the citizens’ requirement for “access to justice” in China include efforts to build an extensive system of social mediation，prelitigation mediation and pretrial mediation，which operates with the separation of mediation and trial.

An Analysis of the Legal Nature of the Implied License of Copyright

YIN Wei-min

2014, 16(1):  73-76.  DOI: 10.3863/j.issn.1674-5094.2014.01.014

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The implied license of copyright is a subconcept of the implied license of intellectual property rights. Controversies exist in whether the implied license of copyright is the limitation of copyright or the contract of permission for copyright use. To ascertain the legal nature of the implied license of copyright，we should trace to its source，and compare with fair use，and contract permission. And based on declaration of will，the implied license of copyright and the license contract can be proven of the same nature，which leads to the conclusion that the implied license of copyright is a kind of legal act out of the copyright holder’s own free will，and also a selflimitation of the copyright holder’s right.

Judicial Response to the Forming Rights

YE Xiao-li

2014, 16(1):  86-89.  DOI: 10.3863/j.issn.1674-5094.2014.01.016

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With the rapid development of society，increasing number of lawsuits are filed concerning the forming rights. In order to protect the judges，the courts usually reject or suspend considering such cases in the name of “No Stipulation in Explicit Terms”. However，to safeguard the legitimate rights and interests of citizens and to exert the function of law in maintaining social order，the court should decide whether or not to consider a case based on the interests of action. In method，the court should decide whether specific forming rights have any legal basis in terms of substantive law through law hermeneutics，right stratification theory and judgment about illegality. Institutionally，the court should establish effective case guiding system to guide the practice of judicial judgment and form a consistent judicial standard.

The Essence，Characteristics and Promulgation of
the Spirit of the Old Revolutionary Area in Sichuan

LIU Jia

2014, 16(1):  90-95.  DOI: 10.3863/j.issn.1674-5094.2014.01.017

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The deeply rooted spirit of the old revolutionary area in Sichuan was formed in the the new democratic revolution period. It focuses on Chinese people’s struggle for national independence and liberation in the twentieth century. Combined with the long history and culture of Sichuan，the spirit is of practical，national and theoretical nature and presents the spiritual and cultural characteristics as “to be brave and wise，to pursue truth and stay pragmatic，and to struggle with a united spirit to the end”. When promulgating Sichuan revolutionary spirit，we should improve the regional cultural soft power at the same time. On the other hand，the revolutionary spirit should be endowed with new connotation so that we can keep on explaining the new topics of the new era.

A Comparative Study on the Imagination
Between Kant’s Epistemology and Aesthetic Judgment

CHE Yuan

2014, 16(1):  96-100.  DOI: 10.3863/j.issn.1674-5094.2014.01.018

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Imagination is considered as an instinct by Kant in his transcendental epistemology. As the cognitive transcendental factor，imagination is the intermediary between sensibility and intellectuality. It subjects to intellectuality to ensure the universal validity of knowledge. In aesthetic judgment，imagination is also the intermediary between concrete objects and intellectuality. However，it has much greater liberality which can make sure that beauty is a subjectively common psychological state rather than normative requirements for the objects. But imagination must be constrained by intellectuality so that people would not lose themselves in frenzy and blind faith. Imagination and intellectuality are in an unstrained and harmonious position. There is always a certain tension between them. Transcendental logic governs the concrete materials in imagination，thus guaranteeing the objectivity of knowledge，and the judgment of concrete objects is revealed by intellectuality through imagination，providing aesthetic judgment with considerable universality.

Seneca’s Ethics with Religious Trends and Its Significance

FANG Huan-fei XU Jing-chao

2014, 16(1):  101-106.  DOI: 10.3863/j.issn.1674-5094.2014.01.019

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Seneca’s ethics reflects the characteristics of his times and has religious trends in it. According to the analysis of the reasons for the religious trends in Seneca’s ethics，we expound the main contents of his ethics which can be summarized as follows: he advocates that life needs to comply with destiny and “conquering the desires and pursuing kindness”，a morality theory with goodness as the end. He also holds the argumentation of “two nations”. These thoughts stabilized social governance of Rome at that time，promoted the emergence and development of Christianity，and pushed the development and spread of Roman historiography and Platonism. Also，the thoughts excavate the inner peace of people and encourage them to pursue a life philosophy of living according to nature，which can comfort the soul of modern people.