最新刊期
卷 28 ， 期 6 ， 2018
- 摘要：Legal logic is not simply formal logic. It is applied logic or logic of argument based on informal logic. Legal logic develops from western legal thinking and legal argument doesn’t always work in Chinese legal practice. Therefore, localization of western legal logic is inevitable. First of all, we need construct special and self-consistent new legal logic which includes legislative logic, judicial logic and law logic three branches in order to prove the possibility of localization. Localization of legal logic not only meet the demand of practical legal logic, but also response positively to such legal system reform as judgement document argument and smart court construction. In the localization process of legal logic, we should build up new legal logic compatible with various logic tools, enhance the influence of legal logic on legal methods, cultivate legal thinking rules in terms of lawyers and focus on construction of judge management system to provide legal logic support for legal system reform based on a new branch of science.
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发布时间：2022-01-13 - 摘要：实质法律解释主张在政策导向下,诉诸规范目的,阐释法条含义,展开价值判断与利益衡量,积极追求合理社会效果。法律解释需要回应实质合理诉求,但作为一种积极的功能主义解释形态,实质解释本身就呈现出扩张态势,存在片面实质化之隐患。实质解释的核心问题在于当出现合理诉求与合法约束发生冲突时,不自觉地倾向于忽视文义、体系和基本原则等合法性因素,片面追求实质合理性,将法律解释等视为单纯的合理性论证问题。在司法实践中,实质解释存在的问题主要体现为以下方面:突破字面含义、后果导向与功能主义解释的泛化、以规范目的名义歪曲法律解释、片面强调政策的解释导向作用。我们可以从强化体系约束和探究法律解释规则等方面着手,探讨规制法律解释片面实质化的逻辑进路。
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发布时间：2022-01-13 - 摘要：Aimed at so many controversies of legal logic in reality, we need analyze consciousness of problems and practice oriented of legal logic in microscopic significance centered with reality of logic operation. Therefore, legal logic is inference and argument during the process of dealing with legal norm and reality of cases. How to get effective and right legal inference is the center question of legal logic. Legal logic should devote into constructing related thinking rules to the formation of legal judgment. Its basic content is how to guide people deal with the inference relationship between legal norm and reality of cases properly. Moreover, the practice character of legal logic shows that legal logic need deal with proper usage of practical factors in legal inference structure which is significant to deal with relative questions of operation reality in China.
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发布时间：2022-01-13 - 摘要：司法裁判中,体系解释是弥补文义解释之不足的重要方法。当下体系解释的运用难题是将体系解释简单理解为"联系上下文",未关注到体系解释的"外在体系"和"内在体系"两个方面。体系解释作为裁判者体系性思维通过法律方法的直观展现,是弥补传统整体思维和辩证思维中逻辑不足的重要方式。为保证体系解释的有效运用,体系解释需要严格遵从"立足整个法律体系理解某一上下文规范"等内部体系解释规则的要求。
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发布时间：2022-01-13 - 摘要：刑事语境下的证明过程,是通过推理得出合理结论的过程。这个过程涉及到用获得的证据以及常识性知识进行推论,以帮助人们构建案件事实。证据推理就是这样一种证明过程,而且是理性证明过程,它可以有效地分析并评价刑事案件中的证据。本文关涉的证据推理是贝克斯提出的混合理论,其把基于论证和基于故事的方法相结合,将混合理论建模成形式对话博弈。该对话中的博弈者通过动态、交互的论辩过程,旨在找到能够解释更多证据的似真故事。这种探究型对话博弈将证据推理的理性证明嵌入到我国司法实践,为其提供了刑事案件证据标准模型,使得侦查、起诉、审判的案件事实经得起法庭检验,从而为我国法治进程提供更加丰富的理论方法。
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发布时间：2022-01-13 - 摘要：New industrialization is highly informational age. People can work and exist without network and intellectual instruments. Therefore, new industrialization is dominated and powered by informatization. We carry on industrialization new revolution need promote network intellectual construction. In 2050, we should build up high-speed and high-quality network and realize highly networked society and realize integration of material network, energy network and information network. Meanwhile, we need produce high-performance intellectual machines to realize wide range intelligence, such as intellectual home, intellectual car, intellectual airplane, intellectual factory, intellectual community and intellectual city.
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发布时间：2022-01-13 - 摘要：Russian formalism is often considered pioneer in its scientific approach to problematic intrinsic to literature. In proposing literary studies as an autonomous field of research that aims for literature itself, rather than a subordinate of other subjects and purposes, the Russian formalists had established a new discipline, or guiding principle for literary studies. Contrary to such a stance generally held by academic mainstream, the present study situates the Russian formalists in a different position. Actually, there had been substantial exchange, historically, between Russian formalists’ primary concerns of "literariness / literality," and the newly arisen cultural logic of cinematic images in early 20th century as well as the visual experiments of Cub-futurism. This paper reconsiders such historical converges and exchanges by ways of textual analysis, and in revisiting a great number of historical documents hitherto overlooked. In doing so, I attempt to offer a re-reading of Russian formalist theory by contextualizing its place in Soviet-Russian leftist avant-garde art movement, specifically that of Cub-futurism and Constructivism. Contextualization effort such as this should point out the close historical ties existed between the Russian formalists’ quest for a paradigm shift in the domain of literary studies on one hand, and on the other the creative experimentations undertook by Soviet-Russian leftist avant-garde artists in various fields of visual arts, such as painting and film making. Lastly, my study aims to elucidate, albeit tentatively, the unique visual experience, or "visuality" inherent in Russian formalist literary theories. Following this, the paper concludes with a discussion of the cultural-political significance that underlies leftist avant-garde art theories and practices in Soviet Russia.
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发布时间：2022-03-29 - 摘要：Mo Yan’s novels possess the quality of mystery legend, pay attention to the description of strange people, stories and things and intersperse ghost stories in his novels. These creations and writing way all reflect the folk culture in Qi district and childhood of Mo Yan. They are vivid descriptions to folk life with magic and realistic quality. They are also conscious response to literary tradition. All these leads to virtual and realistic, strange and weird aesthetic style. Meanwhile, description to strange and weird things reflects Mo Yan’s pursuit to entertainment of novels and obsession to mystery culture. There are introspection and criticism to history, society and humanity in the entertainment.
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发布时间：2022-01-13 - 摘要：Written by Feng Zikai, Yuanyuan Hall Essay Continued and more than 100 letters for his relatives played significant roles in his potential writing. This versatile artist was usually distinguished for his hermit image in academic circle, while sometimes his writing style was just like a fighter, especially during the period of Anti-Japanese War. However, instead of sticking to fighting state, after suspending creation for 3 years because of a political event, he struggled for a long time in holding on and giving in. Ultimately, he chose to return to his initial creative mode both in thoughts and skills on his literary works’ composition. Hidden behind alienating crucial incidents and diluting political influences, it was an alternative way of resistance that became his spiritual core. His alienation of the speech of the times reflected his mild quality. By this way, he was just like a stalker wandering in a dark night who broke through his inner self and became a typical cultural symbol in a special era by his unique perseverance and vitality.
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发布时间：2022-03-29 - 摘要：After the death of Marx, the way of interpretation and practice of Marx’s theory diversified. Marx’s thought itself also has a development process. In 1845, Marx’s intellectual inquiry had a "paradigm shift" , from the humanitarian philosophical critique to the exploration of the structure of human society and its historical development. When Marx’s theory traveled to China, it was at the time when China was searching a way to "avoid be perished under foreign aggressions" , so it drew attention as a new ideology that might enable China to get out of the development dilemma of the time. Guo Moruo and other Chinese scholars first tried to understand Chinese history via Marx’s theory of the succession of five productive mode. In this process, there has been a problem of coordination between macro theory and specific scenarios. This essay attempts to clarify Marx’s concepts of "slavery" and "Asiatic mode of production" and the historical reality of China. The thesis holds that re-recognizing the various interpretations of Marx’s theory and the practical experience associated with it from the perspective of cross-cultural and comparative intellectual history is an important field of contemporary Marxism.
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发布时间：2022-01-13 - 摘要：François Noël (1651-1729) was the first western missionary to complete translation of the Four Books, which has played an important role in the westward transmission of Confucian Classics, but he had also participated in the debate of Chinese Rites Controversy, by translating and introducing the Chinese Voices to the Holy see and the Western world. Through François Noël, Chinese believers and literati tried to express their views on relevant issues and defend the Confucian tradition and values, which was the first attempt of Chinese to participate in globalization. Although the "Chinese voice" presented by François Noël was eventually rejected by the West, his efforts to show authority and views different from those of the West were commendable; and against this background, François Noël’s contribution to the translation of Chinese classics should not be ignored.
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发布时间：2022-01-13 - 摘要：There is no final conclusion about the origin of dark-red enameled pottery. The opinion that dark-red enameled pottery originates from a monk in Jin Sha Si and is inherited by Gongchun in Zhou Gaoqi’s Yang Xian Ming Hu Xi in Ming Dynasty is written by works in different Dynasties. However, Zhou Gaoqi is 100 years later than Gongchun and the descriptions in Zhou’s book is contravention to Ming rules. Most excavations of dark-red enameled pottery are from Emperor Wanli period. We can’t know the exact function of them. Most dark-red enameled pottery used to make tea in Ming Dynasty paintings shows up after Emperor Wanli period, especially in Emperor Chongzhen period. It is getting popular to make tea using dark-red enameled pottery during the shift between Ming and Qing Dynasties. One possible reason is the lonely lifestyle of literati in Jiang Nan district.
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发布时间：2022-01-13 - 摘要：Inclusive finance aims at solving financial exclusion problems to narrow the gap between the rich and poor gradually. Petty loan institutions as basic link of inclusive finance system are facing institutional bottleneck after rapid expansion. The social performance and location in inclusive finance of petty loan institutions need quantitative inspection as policy basis. This paper learns from United Nations Human Development Index to construct development index of inclusive finance using index methods to create inclusive finance index system to measure development level of inclusive finance by quantitative analysis. Then, we discuss petty loan institutions’ influence on intensive finance based on this. The results reflect that when petty loan companies expand business scope, improve inner management level and increase loan scale, it has positive influence on the development inclusive finance. Meanwhile, when petty loan companies expand business scope, improve support to agriculture, rural areas, and rural residents, it is helpful to improve finance service coverage level; when petty loan companies drive interest rates lower, increase the proportion of short-term loan, it is benefit to improve use-cost of finance service.
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发布时间：2022-03-29 - 摘要：At present, replacing old growth drivers with new ones becomes new normal. Financial industry, especially banking industry as economic lifeline should seize the moment and promote the process of replacing old growth drivers with new ones. This paper applies empirical research on how commercial banks service replacing old growth drivers with new ones taking listed companies in replacing old growth drivers with new ones project library in Shandong Province as examples, TobinQ and net asset yield rate as dependent variable, credit support rate as independent variable. The conclusion is that high commercial bank credit support rate effectively improves enterprise value which replacing old growth drivers with new ones. Commercial banks should improve credit support rate in enterprises which replacing old growth drivers with new ones.
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发布时间：2022-03-29 - 摘要：Urban internationalization is specific direction and track of the development of cities. Its main achievement is the formation and development of international city. Urban internationalization and its theoretical advance show that urban internationalization and urban modernization depends on and cooperates with each other. The tendency and requirements of urban internationalization are the important visual angle and basis of observing urban modernization transformation. Based on the requirements of urban internationalization, urban modernization transformation should focus on four aspects, modernization transformation of urban economy, modernization transformation of urban function environment, modernization transformation of urban government and modernization transformation of urban space usage.
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发布时间：2022-01-13 - 摘要：Cultivation of new professional peasants is the need of agricultural modernization, rural population urbanization and profession of peasants. Although we have some achievements in cultivation of new professional peasants, there are some deficiencies in educational training, standard management and policies support. Based on cultivation experience of developed countries, this paper proposes innovation ways from aspects such as selecting cultivation subject, constructing cultivation system, selecting cultivation mode, evaluating cultivation result and making support policies.
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发布时间：2022-01-13 - 摘要：Retrospection on the practice process of the development small-scale schools in rural area since four decades of the reform and opening-up policy, there are different standards in different periods. After several revolutions, we need search out my own shortcomings and reflect on the past to provide proper ways for the later revolution to the small-scale schools. The development of small-scale schools in rural area as a kind of education activity should center with cultivating students to realize its real value. Using single administrative reason to promote this education activity is deviation to education nature. Taking these realities into consideration, we have to make sure the real value of education , follow the principle that helpful to cultivate students to change the standard of if small-scale schools should exist from administrative decision to education nature to realize popularization of compulsory education.
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发布时间：2022-03-29 - 摘要：Colleges and universities in our country have to deal with strategic problems, such as location, subject, content, environment and mechanism in order to achieve the aim to construct new think tank. In the aspect of location, colleges and universities need to deal with the relationship between problem-orientated and academic-orientated, quantity and quality, scientific research and talent cultivation. In the aspect of subject, colleges and universities need to construct new colleges and universities think tank centered with full-time and part-time researchers, professional managers and excellent students. In the aspect of content, the construction of think tank needs to focus on national major strategies and social realistic demand and insist on the combination with theoretical research and applied research, countermeasure research and strategic research. In the aspect of environment, colleges and universities need to build a platform for lateral communication, international communication and publishing to construct good ecology for the development of think tank. In the aspect of mechanism, colleges and universities need to improve operating mechanism, fund management mechanism, decision-making consulting mechanism and evaluation mechanism to promote the development of colleges and universities think tank with perfect mechanism.
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发布时间：2022-01-13
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