Table of Content

01 January 2017, Volume 19 Issue 1

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Rural Community Governance from the Perspective of Soft Law——A Case Study of Yuanqian Community in Xiamen

Shi Jun, Liao Xiaodong

2017, 19(1):  32-39.  DOI: 10.11885/j.issn.1674-5094.2016.08.30.01

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With the progress of industrialization and urbanization, the market economic factors take roots in rural society, and aggravated the deconstruction of traditional rural society. Therefore, rural community governance has become an important issue. Soft law can integrate traditional factors with modern ones, so as to resolve the "break" brought by great social changes. The unique geographical advantages and rich cultural accumulation of Yuanqian community in Xiamen are the important resources for community governance. Soft law governance in Yuanqian community is conducted in the forms of participation mechanism, consultation mechanism, incentive mechanism and evaluation mechanism. In Yuanqian community, there still exist conflicts between acquaintance society and market economy,and between cultural identity and interest division,and lack of efficient coordination between community autonomy and government management. The key to better and more efficient community governance is to realize a better agreement between village regulations and government law, between public spirit and the subject consciousness, and better coordination between community autonomy and government management.

Predicament of Punishment for the Crime of Embezzlement in the Post and Solutions——A Case Study of Stealing Unit Property by Utilizing Professional Convenience

Mo Xiaoyu, Zhang Ruixi

2017, 19(1):  53-58.  DOI: 10.11885/j.issn.1674-5094.2016.11.09.06

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It is not appropriate to convict the behavior stealing unit property by utilizing professional convenience either as larceny or as crime of embezzlement in the post. To solve this problem,we suggest that the behavior of crime of embezzlement in the post be defined as one type of embezzlement behavior, and that the behavior of "utilizing professional convenience" in crime of embezzlement in the post means the possession of the target property, in which circumstances stealing does not apply. Because of such interpretation of "utilizing professional convenience",the inconsistence between the subjective and objective condition makes it impossible for the crime of embezzlement in the post and larceny coexist,but it is obviously unfair to convict such behavior innocent. In such case, stealing is conducted in reality, without such subjectivity; therefore it can be convicted the crime of embezzlement in the post, as the subjective intention of embezzlement is involved.

Translating Evidence from Administrative Law Enforcement to Criminal Evidence

Sun Jingyi

2017, 19(1):  59-66.  DOI: 10.11885/j.issn.1674-5094.2016.11.09.01

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Administrative law enforcement evidence is an important source of criminal evidence after the amended Criminal Procedure Law Article 52, Clause 2 established the convergence mechanism of administrative evidence and criminal evidence in 2012. It is necessary to convert the two types of evidence because of the difficulty in collecting objective evidence, the professional restriction of criminal law enforcement and the efficiency of criminal procedure in the criminal justice stage. And the form and use of standard convergence, as well as the legislative exploration and local practice experience make the conversion of the two evidences feasible. However, due to system construction defects and operation difficulties in practice, there have some abuses in the existing convergence mechanism like low efficiency and substitution of fines for criminal punishment. It is necessary to uniform evidence collection standards and evidence transfer mechanism, and improve the legal system as well as strengthen supervision of the prosecution. Only in this way could we gradually realize the smooth transfer of the two types of evidence.

American Agricultural Credit Bank System and its Significance to China

Song Guilin

2017, 19(1):  67-73.  DOI: 10.11885/j.issn.1674-5094.2016.08.19.03

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As the core of American agricultural credit system,the American agricultural credit bank system consists of agricultural Credit Cooperatives and agricultural credit banks. In this system,agricultural borrowers-agricultural Credit Cooperatives-agricultural credit banks tier up a credit chain,insuring that the agricultural borrowers' ownership of this system,which fully demonstrates the rural-oriented policy and the cooperative nature of rural credit. To consummate and further develop China's agricultural credit system, we should learn from the American experience and methods:to establish the credit legal system policy guided by the credit institutions, to develop the rural credit legal system on the basis of cooperative credit, to enact specific law related to the agricultural insurance with the agricultural insurance law as its safeguard.

A Study on the Defects of the Achievements Evaluation System of Engineering Education Accreditation in China——A Case Study of SWPU

NIE Renshi, CHEN Xiong

2017, 19(1):  74-81.  DOI: 10.11885/j.issn.1674-5094.2016.10.10.01

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Achievements evaluation is a required part in engineering education accreditation in China and a perfect system of achievement evaluation determines the effects of the engineering education accreditation. Taking the Resources Prospecting Engineering major of SWPU as an example,we analysed the relevance between curriculum system and graduation requirements from the perspective of education goals, and we conclude that curriculum system must be directly aimed at the index points of graduation requirements so as to guarantee the realization of the education goals. We also demonstrate the calculation steps and the evaluation methods of the achievement evaluation with the course of Geological Tectonics as an example. After probing into the defects of current achievement evaluation system, we put forward suggestions.

A Study on Translation of Numbers in Tao Te Ching from the Perspective of Cultural Translation Theory——A Case Study of the Translation Version by Gu Zhengkun

Wang Yan

2017, 19(1):  103-108.  DOI: 10.11885/j.issn.1674-5094.2016.10.08.05

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The brief and abstract language of Tao Te Ching produces very obvious inadequacy of meaning expression or semantic deficiencies, of which the inadequate expression of the meaning of numerals is the most obvious. Through analyzing of the translation of Tao Te Ching by Gu Zhengkun, the author finds great cultural differences between Chinese and Western countries in the use of numbers:in addition to the actual meanings,the Chinese numerals have more extended cultural meanings than numbers in Western languages. Such differences place great obstacles for translators and foreign readers to understand the original meaning of numerals in Chinese works. Therefore, the translators must have a good command of bilingual cultural knowledge besides linguistic competence.

A Differentiation of Interpretations of Lao-tze's Idea of Tao

Wu Zhanhong, Wagn Hong

2017, 19(1):  109-122.  DOI: 10.11885/j.issn.1674-5094.2016.10.25.02

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Ancient and modern scholars interpret Lao-tze's emphasis on Tao differently,but most of them neglected the nature of Lao-tze's thoughts and the actual meaning of the texts of Lao Tze, and misunderstood Lao-tze's thoughts about "Tao as everything is dominated by Tao" or "Tao is the master of everything". In fact, Lao-tze did not agree with the idea that external forces dominated everything, and the texts of Lao Tze did not express any such ideas. In the text, the word "zhu" is supposed to be used as its original meaning from the perspective of rhetoric; while from a semantic point of view, "zhu" should be understood as "auxiliary" or "assistance", but not as "dominate" or "control". Hence, by "Tao is the assist of everything", Lao-tze, compared Tao to dim light in the darkness, firmly believing that only Tao could truly assist everything to grow up and rescue them in troubled times; in the process, people and other things on earth are the leads or dorminants, rather than tools. This represents Lao-tze's love of man and respect to the nature, and his conviction that only by adhering to the true nature can man and nature survive and prosper.