Journal of Southwest Petroleum University(Social Sciences Edition)

Problems in the Industrialization of Solid-State Battery in China and Solutions

XUE Haibo, CHENG Xiaoyan, XU Yang

2024, 26(2): 1-7. DOI: 10.11885/j.issn.1674-5094.2023.11.12.01

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The high safety and higher energy density of solid-state battery make it the focus of new energy technology research in various countries. China has also taken solid-state batteries as the direction for the development of the next generation of energy storage batteries. This article analyzes the current status and problems of the solid-state battery industry development in China with multiple methods. We hold that problems of solid state battery industry development can be summarized as follows:breakthroughs need to be achieved in key technical problems and in engineering preparation technology; the distribution of intellectual property rights needs to be optimized, and the technology development route need to be clearly designed. To address these problems, stronger policy support is needed to promote research on technological innovation; cooperation between industry, education, and research needs to be strengthened with clear development goals and strategy of diversified development, and transformation of research results need to be accelerated; priority should be given to development of solid-state battery industry through supporting leading enterprises, strengthening international cooperation and exploring new development models. With such efforts, the development system of high safety solid-state battery technology and industry can be constructed.

The Judicial Application and Breakthrough of the Betrothal Gift Return Rules

HE Zhengquan, HE Qin

2024, 26(2): 8-18. DOI: 10.11885/j.issn.1674-5094.2023.09.26.01

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The betrothal gifts, a wedding tradition, has existed for a long time and was a necessary procedure for the conclusion of ancient marriages. This article selects effective judgment documents from areas with a high incidence of disputes over betrothal gift return in the past three years since the implementation of the Civil Code, and combines them with the interpretation of the Book of Marriage and Family of Civil Code on betrothal gifts and betrothal gift return rules. Through sample analysis, we found that there are common problems in judicial application, such as different scope of betrothal gift return, different proportion of betrothal gift return, and lack of standards for identifying the payer's living difficulties. The discrepancy in judgments of the same case harms judicial authority. This article proposes paths for judicial breakthrough from three aspects: clarifying the scope of betrothal gift return, establishing a return proportion system, and establishing a standard for the payer's living difficulties.

The Causal Logic of Critical Junctures and the Change of Rural Order—A Case Study on the Management of Betrothal Gifts of the Yi Ethnic Group in Liangshan

KUANG Liangfeng, HUANG Yuxin

2024, 26(2): 19-27. DOI: 10.11885/j.issn.1674-5094.2023.06.14.01

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The critical juncture theory is a new interpretation of historical institutionalism on how traditional institutions undergo sudden changes, proposing permissive and productive conditions for the formation of critical juncture, but without analyzing the stages of institutional change. The practice of managing the highly-priced betrothal gifts of the Yi Ethnic Group in Liangshan Sichuan provides us with a complete process of understanding institutional changes. In the stage of maintaining rural order, the absence of permissive and productive conditions leads to the continued historical inertia of path dependence on traditional order; in the stage of improving rural order, productive conditions arise in the countryside, but due to the lack of permissive conditions, traditional order has difficulty to undergo qualitative change; in the stage of mutating rural order, the requirements of external policies meet the permissive conditions of change, and the needs of endogenous forces meet the productive conditions of change. The combination of the two enables the effective implementation of the causal logic of critical juncture. It was found that in the process of mutation, party building guidance is a key factor, the awakening of the endogenous power of the masses is the fundamental motivation, and self-implementation is the guarantee for ensuring the change to continue.

Family Matters are National matters：Research on Policy Agenda Setting for Childcare Service

HE Nan, SI Junxiao

2024, 26(2): 28-38. DOI: 10.11885/j.issn.1674-5094.2023.12.19.02

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With China's new birth policy, the infant and child care service is becoming increasingly in short supply, and infant and child care is not only a family matter but also a state affair on the government's decision-making agenda.Multiple-streams theory is often used to explain policy agenda setting problems. This paper constructs a six-streams analytic framework for shaping childcare policies in the context of Confucian culture. The “policy problems stream” composed of the disordered family structure, the imbalance between supply and demand, and the lack of institutional governance; the “policy solution stream” concerning the population aging, the policy proposals, the academic achievements, and the opinion leaders; the “political stream” concerning party philosophy, public mood and international demonstrations.The hidden role of process stream, program stream and technology streamin facilitating the implementation of policies is identified, the research is extended to the operational mechanism, further enhancing the explanatory power. Implementation of the country's Healthy China initiative and fertility policy adjustment accelerated the confluence of streams, and policy entrepreneurs must take advantage of these opportunities to promote the opening of policy windows.In the future, we should strengthen sectoral collaborative governance, improve the network of childcare services, increase the training of professionals, promote the digital transformation of childcare, and enhance family care support.

The Chinese-style Development Path of Digital Labor

LI Xian, HUANG Shuai

2024, 26(2): 39-45. DOI: 10.11885/j.issn.1674-5094.2023.10.17.05

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With the application of big data and ICT and the advent of web4.0 era, digital labor has become an important form of labor.Issues related to digital economy have become a major concern of the international community. The characteristic of disorderliness of digital labor as daily routines has blurred people's perception of digital labor, and the same type of digital labor can be fruit of the concept of co-creation but on the other hand exhibits tendency of self-quantification.Starting from the basic components of digital economy, we can analyze the two poles of digital labor and clarify the Chinese-style development path of digital labor. Firstly, according to the different characteristics of digital labor, various kinds of digital labor should be divided accordingly, among which “self-quantification” and “co-creation” are the two sides of its existence. Secondly, in the process of digital labor development, China has its unique advantages of a largesize of digital users, precise positioning of digital laborers, digital ecology improvement and institutional guidance. Finally, it is necessary to legally regulate digital capital, jointly open up digital Commons, and rationally use digital platforms to enable digital labor to adapt to the development of digital economy with Chinese characteristics.

A Review of Studies on CPC's Thought of “People First” in the New Era

CHEN Shengjin

2024, 26(2): 46-53. DOI: 10.11885/j.issn.1674-5094.2023.10.29.01

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The proposal of “people first” has aroused great interest and attention in the academic circles, and has quickly become the academic focus of researches on political party construction. In recent years, the academic circles have carried out extensive and continuous discussions on the generative logic, practical requirements and value implications of the Communist Party of China's “people first” thought in the new era, and have achieved fruitful research results. Those researches provide academic materials for understanding of the people first thought of the Communist Party of China in the new era. But on the other hand, those researches have their limitations in that they lack a broad research vision and systematic research content, and they use relatively simple research methods. In answer to the need in the new era to outline a new map of Marxism in China, studies on CPC’s thought of “people first” should focus on the demands of the times to constantly open up a new realm of Marxism in China, so as to further strengthen the research on “people first” thought of the Communist Party of China in the new era by broadening the research horizon, deepening the research content and by optimizing the research method.

A Study of the Inner Logic of the Modern Civilization of the Chinese Nation from the Perspective of Macro History

QIN Chengming

2024, 26(2): 54-60. DOI: 10.11885/j.issn.1674-5094.2023.12.14.01

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The macro history perspective provides an effective angle for deep understanding of the modern civilization of the Chinese nation. The article conducts a comprehensive interdisciplinary study of the culture, theory, value, and practical logic inherent in the modern civilization of the Chinese nation in the history of Chinese civilization, the history of socialist development, and the history of human civilization. Seen from the long history of Chinese civilization, the modern civilization of the Chinese nation is deeply rooted in China's excellent traditional culture and is continuously self-renewal. From the perspective of the development of scientific socialism, the modern civilization of the Chinese nation absorbs its theoretical roots from the Marxist concept of civilization and obtains socialist orientation and essential provisions in the Chinese field. From the perspective of the development of human civilization, the modern civilization of the Chinese nation is of great value to the history of world development and the progress of human civilization. Such study contributes to a deeper understanding of the historical inevitability of the modern civilization of the Chinese nation. The modern civilization of the Chinese nation will surely become more steadfast and mature under the strong leadership of the Communist Party of China and through the unremitting efforts of all Chinese people, making greater contributions to the great rejuvenation of the Chinese nation and the advancement of human civilization.

Adapting Marxism to the Chinese Context and the Needs of Times in the Principle of “Two Combinations”

HE Yi, JIANG Xue, GAO Yuanhui

2024, 26(2): 61-67. DOI: 10.11885/j.issn.1674-5094.2023.04.27.03

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The Communist Party of China has formed a deep understanding in practice that only combined with China's condition,and with the fine Chinese traditional culture,can Marxism truly develop and advance with the times. "Two Combinations" is the experience and the dialectical unity of the development of Marxism with theory innovation of the Communist Party of China,which reveals the logic of Marxism development in China,explains the profound reason for the Party's success in the past,and illustrates the evolution of Marxism era.On the new journey of national rejuvenation for a strong China,we must continue to adhere to the"Two Combinations",and innovate the theoretical and practical development of Marxism in the new era.

On the Legal Effect of the Agreement Clarifying Marital Property to One Party: An Analysis Based On the Civil Code

CHEN Jie

2024, 26(2): 68-77. DOI: 10.11885/j.issn.1674-5094.2023.10.15.01

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The agreement that clarifies the marital property to one party should be defined as the marital property system contract recognized in Article 1065 of China's Civil Code. Its essence is an arrangement of marital property based on identity relationship and ethical relationship, which is attached to the marriage relationship and exists, which is the basis for its legal effect analysis. When defining the legal effect of the agreement clarifying marital property to one party, the value significance of factors such as marital ethics and marital function should be taken into full account with the recognition that the path and result of the arrangement of matrimonial property is affected by the appearance of common life and the moral restriction of marital relationship due to the complex social attributes of the agreement. The legal effect of the agreement shall be analyzed in the light of the differences in the internal and external effects of the agreement on clarification of marital property to one party. Within the martial relationship it should be recognized that the agreement has the effect of property right change between husband and wife, and there is no need to perform the publicity procedures such as registration and delivery stipulated by law. As for the relationship with the third party, we should differentiate between the creditor's right acquirer and the real right successor, etc. On the premise that the agreement fails to perform the publicity procedure, we should comprehensively consider and judge the effectiveness by combining the factors such as the sequential relationship and whether the third party is aware of the agreement.

Reflections on the Effectiveness of Residency Rights Established Through Wills

LIU Yaodong, WANG Yangsong

2024, 26(2): 78-85. DOI: 10.11885/j.issn.1674-5094.2023.09.30.01

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The Civil Code of the People's Republic of China provides for the first time the system of residency rights, but there is considerable controversy in the theory and practice of this new system. To discuss the effective requirements for establishing residency rights through a will, it is necessary to distinguish between testamentary inheritance and bequest. Firstly, the establishment of residency rights based on testamentary inheritance can be divided into two stages. The first stage occurs between the deceased and the inheritor, and the effect of property right transfer occurs from the beginning of inheritance. The second stage occurs between the joint heirs, where the effective requirements of the right of abode are related to the effectiveness of the estate division. According to the perspective of transfer doctrine, if the parties use designated or agreed means of division, the right of abode is established at the time of registration. If the parties deal with estate division by the right of residency is established at the time of the legal document's effectiveness. The effective requirements for establishing residency rights based on bequests shall be established at the time of registration in accordance with Article 368 of The Civil Code of the People's Republic of China.

Prosecutorial Supervision of False Commercial Arbitration

NIE Qi, PAN Yan

2024, 26(2): 86-96. DOI: 10.11885/j.issn.1674-5094.2023.09.22.02

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Under the requirement of strengthening the legal supervision of procuratorial organs in the new era, the procuratorial organs have gradually put on the agenda to strengthen the civil legal supervision of false commercial arbitration. Considering the limitations of the arbitration system and the arbitration institutions, the lack of initiative of the people's court in judicial review, and the lack of reasonable right relief channels for outsiders and parties involved, the procuratorial organ becomes a suitable subject for the implementation of legal supervision of false arbitration due to its obvious advantages in functional positioning, active review, investigation and collection of evidence. However, at present, procuratorial supervision is faced with difficulties such as few clues, difficult investigation and verification, and the fact that procuratorial supervision only operates at the implementation stage. In this regard, we suggest that procuratorial organs strengthen the mechanism of collecting and transferring clues, fully utilize the power of investigation and verification, moderately expand the scope of fake arbitration supervision, strengthen internal and external cross-department cooperation, comprehensively and flexibly produce and issue procuratorial suggestions, and improve the quality and effectiveness of procuratorial supervision of fake commercial arbitration.

Modification of the Clause of “No Criminal Liability” on Tax Evasion Crime

DENG Chongzhuan, MEI Jie

2024, 26(2): 97-106. DOI: 10.11885/j.issn.1674-5094.2023.09.18.02

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In recent years, the amount and influence of tax evasion by public figures have repeatedly placed the “no criminal liability” clause of the Criminal Law on tax evasion crime in the center of the storm. Whether the provision of Article 201 of the Criminal Lawof China “not subject to criminal liability” is reasonable is still a controversy. From the perspective of the jurisprudence of the criminal law, this article violates the systematization of criminal law, deviates from the correct understanding of the criminal policy of combining leniency with severity, and dissipates the general preventive function of criminal law. The author overinterprets the modesty of the criminal law. Seen from judicial and administrative practice, this article has shown its drawbacks, resulting in different modes of actual handling of tax evasion crimes and confusion of tax investigation powers between public security organs and tax authorities. Therefore, the clause should be amended based on the concept of positive and preventive legislation in the context of risk society, and the content of “no criminal liability” should be changed to “lighter and less criminal liability”, and the upper limit of the applicable amount of tax evasion should be set.

Mobile Privatization: The Situational Paradox of Mobile Phone Watching

LI Jie, LI Yang

2024, 26(2): 107-113. DOI: 10.11885/j.issn.1674-5094.2023.11.07.08

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With the development of smart phone function, mobile phone watching has become the most common daily life situation in modern society, and an important channel for people to obtain information and to construct connections with the external society. In this context, the theory of “mobile privatization” catches more attention, and shows the deeper cultural meaning and situational paradox behind it, that is, the collision and expansion of mobility and privatization, the sustaining and retreat of social life, the increasing ambiguity of public and private spaces, and the coexistence of personal privacy and sharing of information. This gives us a deeper understanding of modern people's attachment to this mobile privatization and look forward to owning the world through privatization.

China's Countermeasures Against Unjustified Extraterritorial Application of U.S. Legislation

GAO Zhihua, LI Qiwen

2024, 26(2): 114-122. DOI: 10.11885/j.issn.1674-5094.2023.07.31.03

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The extraterritorial application of U.S. legislation has a long history, having evolved from the initial firm territoriality to the “principle of effect”. Nowadays, under the banner of “America First”, the United States has been expanding the scope of extraterritorial application of its domestic laws by expanding the “connecting points”, making excuses of legitimacy for sanctioning entities of other countries for its own political purposes. After continuous development, it is characterized by legal hegemony, broad connectivity, systemic operation, politicization of the target of application and low predictability. The unjustified extraterritorial application of U.S. legislation has had many negative impacts on China, which has responded positively through national legislation, regional cooperation and corporate compliance and litigation. However, these measures are still insufficient to eliminate the many adverse effects and to safeguard the legitimate rights and interests of Chinese entities. Therefore, China should make further improvements by formulating and amending relevant laws and regulations, improving the working mechanism, setting up a compensation mechanism and strengthening foreign-related law personnel, so as to find methods to settle the problem.

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