Table of Content

01 March 2022, Volume 24 Issue 2

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ENERGY DEVELOPMENT

The Civil Disputes in Energy Performance Contracting and Solutions——An Analysis of Energy Performance Contracting Cases in the 13th Five-Year Period

YAN Hai, HAN Hongsheng

2022, 24(2):  1-7.  DOI: 10.11885/j.issn.1674-5094.2021.11.04.04

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The Outline of the 13th Five-Year Plan for National Economic and Social Development gives fall stress on energy performance contracting. Specialization and marketization of energy performance contracting help to improve energy saving efficiency. However, civil disputes of energy performance contracting continue to increase during the 13th Five-Year Plan period,which seriously affects the implementation of energy performance contracting projects. Through analysis of 312 cases, we find that there are some problems in energy performance contracting in Chin, such as unclear determination of subjects of energy saving verification, energy user's failure to perform contract payment obligation and to abuse contract termination right, and difficulties in full performance of contracts due to the long time span. In order to achieve the energy-saving goal during the "14th Five-Year Plan" period, we should solve the civil disputes in energy performance contracting and promote the popularization and implementation of energy performance contracting by clarifying the subject of energy-saving verification and its obligations, strengthening the constraint mechanism of contract payment, perfecting the applicable norms of contract termination, and overcoming the contract risks caused by long time span.

ECONOMICS AND MANAGEMENT

Poverty Alleviation Through Rural Women's Livelihood Ability: Strategic Meaning,Theoretical Basis and Social Environment

SHEN Maoying

2022, 24(2):  8-17.  DOI: 10.11885/j.issn.1674-5094.2021.10.09.01

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Women play an important and distinct role in both family life and social life. Women are keys to the continuation and inheritance of civilization, as well as the proponent of social development. Poverty alleviation through rural women's livelihood ability has great strategic meaning and feasibility analysis, gender bonus theory and female empowerment theory can function as the theoretical foundation in such efforts. However, poverty alleviation through women's livelihood ability is facing multi-dimensional restrictions such as gender inequality within families,gender difference in educational level and social exclusion in public space. Therefore, improving rural women's livelihood ability is not only the core of women development but also the key to poverty alleviation and to rural revitalization.

Connotation, Motivation and Path Choice of Netizen Self-discipline under the Network Comprehensive Governance System

JIA Zhaoshuai

2022, 24(2):  18-25.  DOI: 10.11885/j.issn.1674-5094.2021.05.25.02

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Netizen self-discipline is an important part of the integrated network governance system in China. Self-discipline is the value recognition and self-construction of netizens in cyberspace which functions at internal and external levels. The internal self-discipline of netizens refers to ideological and moral self-discipline; the external self-discipline refers to netizens'self-regulation of their online language-use and behaviors. To realize self-discipline of netizens, it is necessary to enhance the motivation selection of netizen self-discipline, construct the psychological contract of netizens, and determine the path and methods for cultivating the self-discipline of netizens. Netizen self-discipline can be achieved through efforts in improving netizens' internet literacy, constructing positive internet atmosphere, strengthening internet-related legal system, improving positive reinforcement and supervision in the internet space.

The Relationship between Green Credit Policy and Financialization of Polluting Enterprises

SUN Yi, TENG Yaokai

2022, 24(2):  26-34.  DOI: 10.11885/j.issn.1674-5094.2021.09.16.06

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Green development is an important feature of high-quality economic development. Restricting the non-environment friendly production of polluting enterprises and increasing environmental regulations are the main measures of environmental protection policy implementation. Green credit policies by the financial sector is an example of such measures. Green credit policy promotes the green transformation of enterprises, but may cause industrial enterprises to suffer stronger financing constraints and accelerate the capital transformation from substantial to fictitious. Selecting the listed enterprises in the industrial sector from 2006 to 2020 as the research object, this paper analyzes the influence of green credit policy on enterprise financialization by using double difference model,and discusses the intermediary effect of financing constraint and the adjustment effect of industry competition. The results show that green credit policy significantly improves the financialization level of polluting enterprises, and the promotion effect on private polluting enterprises is stronger than that of state-owned polluting enterprises; the rise of financing constraints bears a significant intermediary mechanism,but only in private enterprises. It is also found that industry competition will weaken the positive effect of green credit policy on enterprise financialization.

Impact of House Price Rising on Birth Rate in China——An Empirical Analysis of Provincial Panel Data

YANG Bin, DING Lijin

2022, 24(2):  35-42.  DOI: 10.11885/j.issn.1674-5094.2021.05.20.02

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China's birth rate has been on the decline in recent years, even after the introduction of a comprehensive two-child policy. In order to achieve high-quality economic development, alleviating the population crisis is an important problem to be solved urgently. To explore the impact of rising housing price on the birth rate, the panel data of 31 provincial administrative regions from 2010 to 2019 are used for empirical analysis with weighted least square method. The results show that rising housing price has a significant negative impact on the birth rate. An average increase of 1%in housing price leads to a drop in the birth rate of 0.13%to 0.22%. According to heterogeneity analysis results, the impact of rising housing price on the birth rate is dominated by crowding out effect in eastern provinces, and wealth effect in central and western provinces. Based on the above research results, we suggest curbing investment and speculative demand, giving preferential loans to people with rigid demand for housing purchases, and appropriately increasing the supply of land in eastern provinces in housing policy.

POLITICS AND LAW

The Logic of Xi Jinping's View on Ideological and Political Education of Youth

ZHANG Xiaohong, HE Panwen, PAN Aidong

2022, 24(2):  43-50.  DOI: 10.11885/j.issn.1674-5094.2021.11.14.01

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Since the 18th CPC Central Committee,the CPC Central Committee with Xi Jinping as the core has comprehensively promoted youth ideological and political education and formed a complete view on youth ideological and political education. This theory has distinct logical logic:the absorption and transformation of Chinese traditional culture, the inheritance and development of Marxist youth ideological and political education thought, and the reflection on and summarization of youth ideological and political education practice are its generating logic; with strategic position theory, value goal theory, fundamental principle theory and content system theory as the overall layout, a strict structural logic is constructed; promoting the new development of Marxist youth ideological and political education theory, constructing new answers to practical problems of youth ideological and political education, and marking the new direction of youth growth and struggle in the new era are its value logic; adhering to the requirement of all-round education provides practical direction for youth ideological and political education. Systematic analysis of the essence of youth ideological and political education is of great significance for doing a good job in youth ideological and political education and cultivating a new generation of the times.

Evolution and Contemporary Value of Chinese Marxist View on Science and Technology

PEI Wenxia, CHEN Ruixu

2022, 24(2):  51-58.  DOI: 10.11885/j.issn.1674-5094.2021.06.18.02

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Since the founding of the Communist Party of China, based on the basic viewpoint of Marxist scientific and technological view and the China's national conditions, the CPC has deepened its understanding of science and technology, and formed a series of Marxist views on scientific and technological with Chinese characteristics. The development and evolution of Chinese Marxist view on science and technology presents the dialectical characteristics of the unity of science and practice, the unity of inheritance and innovation, the unity of integrity and purpose. To promote the sinicization of Marxist thoughts on science and technology, we must always adhere to the leadership of the CPC and the national and international conditions, and put the people at the center. The Chinese Marxist view on science and technology enriches the theoretical system of Marxist view on science and technology, promotes the development of China's scientific and technological undertakings, and provides a "China program" for the development of science and technology undertakings in the late-developing countries.

Academic Researches on Political Character: Current Situation, Problems and Prospect

XIONG Yaolin, YU Xucai

2022, 24(2):  59-66.  DOI: 10.11885/j.issn.1674-5094.2021.09.16.04

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Political character is the spiritual core of the political subject, which directly shows the personality cultivation of the political subject and the nature of a political party's purpose and value pursuit. At the beginning of reform and opening up, "political character" began to arouse the attention of domestic academic circles, and since the 18th National Congress of the Communist Party of China, domestic researches on political character have gradually deepened. The academic circles have conducted a series of discussions on the concept, basic elements, value significance, main content and cultivation path of political character, and have formed a theoretical pedigree of political character research. However, there are still problems such as a relatively small number of researches, and the lack of diversified research topics and research methods. Therefore, the research needs to be further deepened. In the future, the academic circles need to deepen the basic theoretical research of political character, to focus more on the current situation of political character cultivation, and to promote the interdisciplinary research of political character, so as to maintain innovative and dynamic in political character researches.

The Paradox of the Market and Its Solution——A Political Philosophy Analysis of Tocqueville's Ideas on Democracy

ZHANG Jianxi

2022, 24(2):  67-75.  DOI: 10.11885/j.issn.1674-5094.2021.08.09.05

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In the field of social economy, the market has more significant advantages in allocating resources and promoting economic development than the direct intervention of the government. However, from the perspective of political philosophy, the unlimited expansion of the market will lead to the prevalence of egoism and materialism,resulting in the fall of social public virtue and the poverty of spiritual life, which is contrary to the ethical tradition and practice of human society, thus forming the paradox of the market. Tocqueville analyzed the crisis of modern democratic society in his exploration of "the nature of democracy",and concluded that the specific manifestation of the crisis was consistent with the threat posed by the market to the ethical world, so the solution he offered was a main "political solution", which was enlightening for overcoming the paradox of the market in both theoretical and practical senses.

The System of Parent-child Relationship Objection in China——A Study on Article 1073 of Civil Code

ZHANG Xiaoyuan, YU Xiao

2022, 24(2):  76-83.  DOI: 10.11885/j.issn.1674-5094.2021.10.18.02

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Article 1073 of Civil Code establishes the parent-child relationship objection system in China, which has both positive and negative significance. The major problems are as follows:first, how to define "father", "mother" and "child", especially the identification challenges brought by artificialw assisted reproductive technology? Second, how to define "just cause" of filing an objection? Third, how to solve the problem of compensations of cost of upbringing and mental damage after the denial or confirmation of parent-child relationship? Fourth, is it justifiable to grand adult child the right to appeal for confirmation only? Fifthly, is it reasonable to deny the minor children of the qualification of a claimant? To balance blood relationship and identity relationship,the system of objection to parent-child relationship can be further improved by extending the scope of the subject of objection to parent-child relationship,giving adult children the right to deny the existing parent-child relationship, setting the time limit to disappearance of claim right, and establishing the system of protection for minors after the establishment or denial of parent-child relationship

Problems and Reflections on the Theory and Practice of Corporate Criminal Compliance

LIU Fangke

2022, 24(2):  84-91.  DOI: 10.11885/j.issn.1674-5094.2021.11.21.01

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Criminal compliance is intended to prevent and monitor the illegal and criminal acts within corporate, which has aroused interest in theory and practice in China. Corporate criminal compliance is of great significance for corporate crime prevention and governance. Highlighting the main role of enterprises in crime prevention can effectively alleviate the adverse effects of criminal law on corporate crime punishment. However,the theory and practice of criminal compliance are faced with many difficulties. Globally,there exist problems of unified effective criminal compliance standard,failure of full coverage,and ignorance of criminal compliance, etc. In China, organizational responsibility challenges the traditional unit responsibility for crimes,and difficulties in corporate criminal compliance pilot program. In this regard,non-prosecution compliance system with Chinese characteristics should be constructed by constructing a unified compliance standard,adjusting the specific requirements of the compliance plan, separating criminal responsibility of the unit and its members.

Correction of the Status of the Liability Penal System

HUANG Mingru, ZHANG Ji

2022, 24(2):  92-98.  DOI: 10.11885/j.issn.1674-5094.2021.11.18.02

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Liability penalty and preventive penalty are two sides of the penal system:on the one hand,liability penalty imposes retribution on the offender's past behavior; on the other hand, preventive penalty prevents the offender and other members of the public from committing crimes in the future. The academic circles generally support the determination of preventive punishment within the scope of liability punishment. However,the comprehension theory may cause ambiguity,and the pointand-frame dispute when determining the sentencing standard. The root of these problems is the unclear positioning of the liability penalty system. The liability penalty based on penal passivism should take the core position in the penalty system with preventive penalty subordinating to liability punishment. On this basis,the dispute in the establishment of sentencing standards can be transformed from point-and-frame to establishment procedure.

A Study on Researches on Civil Law in China from the Perspective of Academic Citation

GAO Yi, LIU Zhengyuan

2022, 24(2):  99-105.  DOI: 10.11885/j.issn.1674-5094.2021.11.01.03

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Citation of academic papers reflects the historical overview of research topics, and the exchange and contention of academic opinions. Through the analysis of the citation of civil law research papers in Tribune of Political Science and Law from 2001 to 2020, we find that the number of citations of civil law research papers has been on the increase in recent years, but is still less than that of papers of other disciplines; the citations are mainly from literature of law, especially of civil law. This shows that the interdisciplinary exchange between civil law and other departments of law and other disciplines is limited, and researches on civil law have been confined within the scope of civil law. The future studies on civil law should break the separation between departmental laws and the restriction of individual departmental law, break the separation among disciplines and promote interdisciplinary exchange. While making good use of the normative analysis method in researches, the research methods of other disciplines should also be used to create a new perspective of civil law research and to promote the development of civil law research.

THEORETICAL EXPLORATION

Thoughts on the Path of Adult Higher Education Examination and Enrollment Reform in the New Era

QIAO Mu

2022, 24(2):  106-111.  DOI: 10.11885/j.issn.1674-5094.2021.09.03.02

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Adult higher education is an important part of continuing education, higher education and lifelong learning. Since the founding of the People's Republic of China, China's adult higher education has experienced five periods:establishment, stagnation, recovery, reform and adjustment, and leap-forward development. However, adult higher education examination and enrollment are faced with problems and cannot meet social need when the scale and quality of students are on a decline, and the ability of examination organization and management is insufficient. At present, the adult higher education enrollment and examination work should adhere to the guidance of Xi Jinping's socialism with Chinese characteristics in the new era, fully implement the Party's educational policy, and actively explore new paths for reform and development so as to realize the healthy and orderly development of adult higher education examination enrollment in China:to firmly grasp the direction of development with promoting education equity as the foundation, to redefine the development orientation under the guidance of the concept of lifelong learning, to aim enrollment work at serving for the economic and social development, and to deepen the reform by focusing on the construction of high-quality education system.

The Harmonization of Nationality and Globality in the New Era——A Theoretical Analysis of Xi Jinping Thoughts on Socialism with Chinese Characteristics in the New Era

MA Jianyong

2022, 24(2):  112-120.  DOI: 10.11885/j.issn.1674-5094.2021.11.26.01

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Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has deepened its understanding of the laws of development of socialism with Chinese characteristics and formed Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era. This thought is characterized by the integration of nationality and globality:its nationality is rooted in a broad and profound national culture, inherits the national traditions of the Chinese nation and is committed to the cause of national rejuvenation; its global performance has distinctive and unique openness, inclusiveness, and a wide and lasting influence in the world. Nationality and globality are harmonized in the formation,establishment and development of this thought,into the scientific connotation and theoretical thrust of this great idea, and into the practice of the implementation of this thought.