Table of Content

01 September 2021, Volume 23 Issue 5

Previous Issue    Next Issue

ENERGY DEVELOPMENT

Legal Regulation of Oil and Gas Resources Market Supervision

DONG Zhengai, ZHANG Yu

2021, 23(5):  1-7.  DOI: 10.11885/j.issn.1674-5094.2021.05.25.05

Asbtract ( 95 )   HTML ( 11)   PDF (373KB) ( 40 )  

References | Related Articles | Metrics

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.

ECONOMICS AND MANAGEMENT

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

2021, 23(5):  8-17.  DOI: 10.11885/j.issn.1674-5094.2021.04.12.05

Asbtract ( 100 )   HTML ( 9)   PDF (417KB) ( 29 )  

References | Related Articles | Metrics

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.

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

YU Xuan, YUAN Yue, LI Haihong

2021, 23(5):  18-29.  DOI: 10.11885/j.issn.1674-5094.2021.05.04.03

Asbtract ( 88 )   HTML ( 13)   PDF (426KB) ( 25 )  

References | Related Articles | Metrics

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.

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

2021, 23(5):  30-38.  DOI: 10.11885/j.issn.1674-5094.2021.05.10.02

Asbtract ( 79 )   HTML ( 1)   PDF (837KB) ( 29 )  

References | Related Articles | Metrics

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.

POLITICS AND LAW

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

PAN Jiantun, HUANG Qiuyu

2021, 23(5):  39-47.  DOI: 10.11885/j.issn.1674-5094.2021.05.20.01

Asbtract ( 163 )   HTML ( 10)   PDF (388KB) ( 46 )  

References | Related Articles | Metrics

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.

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

2021, 23(5):  48-54.  DOI: 10.11885/j.issn.1674-5094.2021.03.18.02

Asbtract ( 282 )   HTML ( 4)   PDF (375KB) ( 36 )  

References | Related Articles | Metrics

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.

On the Criminal Regulation of “Campus Loan”

TIAN Wei, HE Linghong, LU Yuning

2021, 23(5):  55-66.  DOI: 10.11885/j.issn.1674-5094.2021.04.19.06

Asbtract ( 108 )   HTML ( 7)   PDF (533KB) ( 17 )  

References | Related Articles | Metrics

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.

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

2021, 23(5):  67-76.  DOI: 10.11885/j.issn.1674-5094.2021.04.23.02

Asbtract ( 118 )   HTML ( 5)   PDF (471KB) ( 20 )  

References | Related Articles | Metrics

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.

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

2021, 23(5):  77-84.  DOI: 10.11885/j.issn.1674-5094.2021.04.13.06

Asbtract ( 106 )   HTML ( 4)   PDF (385KB) ( 29 )  

References | Related Articles | Metrics

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.

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

YU Jinxiang, QI Runfa

2021, 23(5):  85-92.  DOI: 10.11885/j.issn.1674-5094.2021.04.13.05

Asbtract ( 58 )   HTML ( 2)   PDF (387KB) ( 11 )  

References | Related Articles | Metrics

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.

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

WU Lizhi, ZHANG Huijun

2021, 23(5):  93-99.  DOI: 10.11885/j.issn.1674-5094.2021.04.24.02

Asbtract ( 98 )   HTML ( 5)   PDF (351KB) ( 15 )  

References | Related Articles | Metrics

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.

Legal Regulation on the Application of Face Recognition Technology

ZHANG Jianwen, ZHAO Ziyu

2021, 23(5):  100-105.  DOI: 10.11885/j.issn.1674-5094.2021.04.19.07

Asbtract ( 129 )   HTML ( 5)   PDF (352KB) ( 45 )  

References | Related Articles | Metrics

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.

THEORETICAL EXPLORATION

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

LIU Binzhi, ZHOU Haimei

2021, 23(5):  106-118.  DOI: 10.11885/j.issn.1674-5094.2021.01.15.01

Asbtract ( 70 )   HTML ( 1)   PDF (514KB) ( 12 )  

References | Related Articles | Metrics

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.

Magnificent Translation: Harold Acton's Four Cautionary Tales

CHEN Xialin, GE Guilu

2021, 23(5):  119-126.  DOI: 10.11885/j.issn.1674-5094.2021.05.15.01

Asbtract ( 500 )   HTML ( 2)   PDF (527KB) ( 11 )  

References | Related Articles | Metrics

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.