1.Spiritual Construction in Contemporary China and Its Ideological Resources
Department of Philosophy, Fudan University
Abstract:Spiritual construction in contemporary China is an important ideological task raised by China’s historical practice. Modern development often entails entering into “modern civilization”; yet the abstract understanding of this civilization hides its essential rules and historical nature. China has pursued development on different historical premises from the West, and therefore it belongs only partially to modern capitalist civilization. Its rapid development highlights the historical limits of the latter. Realistic prospects for Chinese development imply a transformation and remodeling of China’s overall way of life, attitudes to life and values, and this inevitably calls for a new form of philosophy. The intellectual sources for this new philosophy are Chinese philosophy, Western philosophy and Marxist philosophy. Their creative integration points in a positive way to the possibility of a new type of civilization.
Keywords: contemporary China, spiritual construction, new type of civilization, ideological resources, Chinese, Western and Marxist philosophy
2.The Rise of Newly Emerging Countries and the Construction of a New International Economic Order: A Perspective from the Chinese Path*
School of Law, Xiamen University
Abstract:：Chinese scholars have tended to define the struggle of developing countries for the establishment of a new international economic order as a claim for “special and differential treatment.” However, the rise of newly emerging countries in recent years has narrowed the gap between them and the developed economic powers. Consequently, China and other newly emerging countries have begun to seek “equal and undifferentiated treatment” from the developed world. The opening of this new path may indicate a resurgence of the developing countries’ struggle to establish a new international economic order, a struggle that has ebbed since the 1980s. Therefore, in pursuing their traditional research approaches, Chinese scholars should pay more attention to the significance of opening a new path to China’s peaceful development, so as to gain a more complete and accurate understanding of the basic situation China finds itself in as it participates in the struggle for a fairer international economic order.
Keywords: international economic order, developing countries, rise of newly emerging countries
3.Mao Zedong’s “Three Worlds” Theory: Political Considerations and Value for the Times
Teaching and Research Department of Social Science, Shenzhen University
Abstract:Mao Zedong’s theory of “the differentiation of three worlds” originated in his idea of “one intermediate zone” in the 1940s and 1950s, took initial shape with the idea of “two intermediate zones” in the 1960s and was officially formulated in the early 1970s. Taking national interests and the pursuit of sovereignty as its logical starting point, the law of the unity of opposites as its philosophical basis, the background of the Cold War as its historical platform, and opposition to hegemony as its diplomatic strategy, Mao Zedong advanced the well-known “three worlds” theory. As a hallmark achievement of China’s diplomatic strategy and international relations theory, Mao’s “three worlds” theory has a very special value for the times, especially with regard to its philosophy and principles in areas such as the principles of international ethics and justice, discourse power and national image, security mechanisms and strategic partnerships, and interdependence and cultural transcendence, all of which ar
e precious ideological resources that we should cherish.
Keywords: Mao Zedong, theory of “the differentiation of three worlds,” national interests, cold war pattern, international strategy
4.Structural Constraints on Legal Change: Chinese Lawyers in the Interaction between the State, the Market and Society*
Li Xueyaoa and Cheng Jinhuab
a KoGuan Law School, Shanghai Jiao Tong University
b School of International Finance and Law, East China University of Political Science and Law
Abstract:Studies on the sources of change in the Chinese legal system are usually based on the statist epistemology, i.e. the will of the state directs and even determines all aspects of change in the legal system. Although this epistemology can partially explain the re-creation of the Chinese legal system during the earlier period of reform and opening up, it fails to provide a comprehensive picture of the present complex situation. Taking as an example the changes in the Chinese legal profession during reform and opening up, this study employs quantitative data and empirical methods to explore the multiple dynamic impacts of the state, the market and society on the Chinese legal system. The study also proposes a theoretical framework of “structural constraints” on legal change. Since reform and opening up, the Chinese legal system has undergone a transition from state dominance to multi-agent interactions between the state, the market, society, and the legal system itself.
Keywords: legal change, legal profession, statism, market transition, structural constraints
5.On the Budgetary Supervision of Local People’s Congress in China*
Lin Muhuaa and Ma Junb
a National Economics Research Center, Guangdong University of Business Studies
b School of Government, Sun Yat-sen University
Abstract:Strengthening the budgetary supervision of the local People’s Congress is essential not merely to the deepening of budgetary reform but also to the improvement of the People’s Congress system and socialist democracy. Budgetary supervision by the People’s Congress comprises three elements: information, dialogue and enforcement. A national questionnaire survey based on these three elements shows that with the deepening of budgetary reform, the budgetary supervision of the People’s Congress has undergone a shift from procedural to substantive oversight. Nevertheless, it still faces a number of challenges at local level. In the forthcoming reforms, budgetary supervision by the People’s Congress should be strengthened to make local governments more accountable to the people.
Keywords: local People’s Congress, budgetary supervision, budgetary reform
6.The “Dual Structure” of World History and Contemporary China’s Development Road in the Context of Globalization
Zhejiang Normal University
Abstract:The Marxist view of world history provides theoretical evidence for the correct use of the term “globalization.” Many of the facts implied in the popular yet non-standard use of “globalization” reflect our identification of the “transition from history to world history.” However, this has failed to bring about a realization of the structural changes in world history that are taking place in the course of this transition. The “transition from history to world history” has led to the emergence of “international society” and “global society,” which together constitute the “dual structure” of world history. Despite differences in their main structure and interest structure, their development goals and principles, and in their characteristics and patterns, international society and global society are interconnecting and interpenetrating. On the basis of a critique of “globalizing” “world history” and a scientific analysis of the situation and trends in contemporary world history, the “dual structure” theory of world history is a good entry point both for the full application to globalization of the Marxist view of world history and research on its development and for the contemporary development of the Marxist view of world history. At the same time, this theory will also provide methodological support for our exploration of socialist China’s developmental roadin a globalizing world.
Keywords: world history, globalization, international society, global society
SPECIAL ISSUE: COMMON RULES AND AUTONOMOUS DISCOURSE IN INTELLECTUAL PROPERTY RIGHTS
College of Intellectual Property and Law School, Jinan University
8.Multiple Attributes and Research Paradigms of Intellectual Property Rights*
Zhongnan University of Economics and Law
Abstract:Among the multifarious systems of civil law rights, intellectual property rights (IPR) score relatively high in terms of scientific and technological content and knowledge factors. It is generally accepted that copyright occurs in the realm of cultural creation, and is closely related to cultural innovation and the culture industry; patent rights arise in the field of technical applications, and are closely allied with technical innovation and the technology industry; and trademarks function in the area of business operations and involve a number of issues such as product sales and market trading. In the knowledge-based economy, the implementation of an IPR system can have a profound impact on a country’s economic development, technological progress, and cultural and educational prosperity. And in the context of economic globalization, IPR protection also involves international politics and trade as well as cultural and technological exchanges and cooperation between countries.It is therefore both important and necessary for us to explore the attributes of IPR from the perspective of civil law, and to examine the functions of IPR from the multiple perspectives of human rights theories, economics, management and policy science. This helps us reveal the basic meaning of intellectual property rights from different disciplinary perspectives, and to maintain problem orientation and methodological openness in IPR research.
Keywords: intellectual property rights, private rights, intangible property, public policy
9.Fusion of Horizons: A New Perspective on Intellectual Property Rights*
College of Intellectual Property and Law School, Jinan University
Abstract:The mission of legal philosophy and philosophical hermeneutics has always been to comprehend the nature of intellectual property rights and the intellectual property rights system for the purpose of improving them. The difficulty of this task lies in the limitations in legal thinking resulting from the division of labor in the legal profession. A clear perception of the nature of intellectual property rights and the intellectual property rights system can only be obtained when we transcend intellectual property rights law. If we adopt the thinking of legal philosophy and the logic of dialectics to analyze the intellectual property rights system and explore the differing nature of institutional structures and their interrelationships, we can show that the intellectual property rights system is essentially an institutional arrangement involving balancing different considerations and implying a high level of political intellect. Only when intellectual property rights legislation possesses this kind of wisdom will people voluntarily abide by its rules in their life and work.
Keywords: intellectual property rights system, balancing different considerations, maximizing shared wisdom, common desirability
10.Optimizing Allocation of Intellectual Property*
Management School, Jinan University
Abstract:The Coase theorem claims that as long as property rights are clearly defined, the allocation of resources can be optimized through free transactions. The authoritative nature of this claim means that its application in the field of intellectual property has seldom been questioned. Starting from an analysis of the characteristics of intellectual property, this article analyzes the applicability of the Coase theorem’s black box theory of property rights, the welfare principle implied in the theorem and the effect of equitable knowledge dissemination. It seeks to reveal the shortcomings of the establishment and implementation of an intellectual property regime based completely on the Coase theorem so as to seek a new theoretical foundation for the optimization of intellectual property allocation.
Keywords: Coase theorem, black box theory, property rights incentives, allocation of intellectual property rights
11.Institutional Thinking on the Prevention of IPR Abuse
School of Juris Master, China University of Political Science and Law
Abstract:Our understanding of the abuse of intellectual property rights (IPR) should be based on a thorough clarification of the relationship between the exercise of such rights and their abuse. Although the two are related, they definitely cannot be simplistically equated. This is because exercising such rights outside the sphere of IPR is not an abuse of IPR. Whether the act of exercising IPR on an exclusive basis constitutes an abuse of IPR must be determined by whether it is legitimate. Inappropriate exercise of IPR is essentially different from abuse of IPR. To prevent acts of IPR abuse, we need to think in terms of institutional rationality. Such thinking is twofold. On the one hand, it involves resolving conflicts of interests arising from IPR use on the basis of legal justice and making correct judgments about conflicts of interests and legal justice, so as to strike a balance between the satisfaction of interests and public order and security. On the other, it encourages us to devote more attention to the social function of IPR on the basis of private rights. Modern societies are not only obliged to promote the cause of protecting private rights; they should also place greater emphasis on the social function of rights, and especially on enhancing the relationship between social development and the social function of IPR.Keywords: exercise of IPR, IPR abuse, prevention of IPR abuse
12.On a Synergistic Operating Mechanism for China’s Intellectual Property Public Policy System: A Study of China’s Technology Transfer Policy System*
Liu Huaa and Zhou Yingb
a Institute of Intellectual Property, Central China Normal University
b School of Management, Huazhong University of Science and Technology
Abstract:Following the change of objectives in China’s public policy on intellectual property and the continuous increase in that policy’s range of adjustment and number of policy input sources, the focus of policy making should be shifted to perfecting the policy system and its operating mechanism. However, the present operating model of technology transfer policy still adheres to the conventional emphasis on the effectiveness of individual policies. Conflicts between policies cancel out efficiency, leading to internal friction which may make the system as a whole work less effective. This paper applies the principle of synergetics to the construction and operation of the public policy system. On the basis of the high efficiency and practical value of synergistic operating mechanisms, we put forward concrete measures for establishing a synergistic operating mechanism for Chinese technology transfer policy.
Keywords: intellectual property, public policy, synergetics, operating mechanism