关于什么是法学,什么(应该)是法,法如何适用这三个问题的讨论,构成了本书的主体部分.如果说法学就是对一定时空下需要解决的实践问题做出的回应,并且反映了那个时空下的历史条件和社会思潮的话,那么,本书就是 尝试在关照历史,哲学,实践等多维视角的基础之上,对法学问题给出有根据和理由的整合性答案.

In pre-Qin China, during the wrangling of the hundred schools, there was one current of thought that regarded Laozi as its founder and which, as we all know, enjoyed great influence in those days, as well as in all subsequent generations. Throughout history, this school of thought founded by Laozi has been referred to as Daoism, in the same way that the school headed by Confucius has been called Confucianism.

Heidegger maintains that the root of modern technology, like that of all other technologies, lies in technē. However, because the art dimension of technē is suppressed in modern technology, the essence of this technology becomes a Gestell that enforces product-making, and thus drives technology beyond the control of human beings. The more fundamental reason underlying this “frame-becoming” nature is “the mathematical” that emerges in ancient Greece, which, through the Cartesian subject-object dichotomy, turns the world into the images represented by the (...) subject, and things into definite objects. To escape the dictatorship of the Gestell, it is necessary to re-realize the art-dimension of technē in modern technology, i. e. to let the gentle granting nature of the enowning re-master technology. In this respect, both Heidegger and Heisenberg were inspired by or at least resonated with Lao Zi or Zhuang Zi’s Dao. Confucians will greatly appreciate the critique of modern technology by Heidegger, and especially his view of returning “home” to overcome the possible dangers brought about by technology. However, from the perspective of Confucianism, Heidegger’s critique contains some shortcomings: for example, his ignorance of the individualistic impact in the Gestell and his unidirectional “ontological difference,” which leads him to a view of “home” that lacks “family” and therefore renders his solution loose and rootless. Only an organic community originated in the family, be it Confucian or Amish, can effectively reduce the control of modern technology over the human being. (shrink)

In the Original publication of the article the revised date was erroneously published as: 20 August 2017 the correct date is: 20 August 2020.

The artworks in 'Synthetic Times' explore a trajectory of uncanny visions ranging from the desire to transcend the corporal to the construction of synthetic worlds.

The rainwater system is an important part of the urban infrastructure as well as a key hub for maintaining the dynamic operation of the city and a clear indicator of the level of urban development. With the rapid development of urbanization, the hardened area of roads and residential areas has increased, and the construction of rainwater systems is so far insufficient, causing the urban waterlogging and water pollution problems to become increasingly serious. Accordingly, combined with the “sponge city” construction concept (...) of the six-character policy of “seepage, retention, storage, use, purification, and drainage,” we propose to adopt measures for the local conditions and to reasonably select sponge city engineering measures to increase rainwater utilization, effectively reduce rainwater runoff, and alleviate the city waterlogging and water pollution problems. We used the analytic hierarchy process to evaluate the effect of a sponge city “pocket park” rainwater system in Chaohu City before and after the transformation. The results showed that the pocket park after the renovation was well controlled, the waterlogging was basically eliminated, the water quality pollution was clearly improved, and the ecological environment was significantly improved. (shrink)

Screen time has become a hot button issue in psychology with researchers fiercely debating its mental effects. If we want to understand the psychological dynamics of technology use, however, a numerical conceptualization of screen time will lead us to gloss over crucial distinctions. To make this point, the present article takes a hermeneutic approach to a negative form of screen time known as ‘phubbing’, which is the practice of snubbing conversational partners in favor of one’s phone. Using interview data, it (...) is demonstrated that whether or not phone use amounts to phubbing, that is, whether or not it tips over and becomes harmful, depends on a host of contextual factors such as relation (who), content (what), purpose (why), timing (when), and communication (how). These findings demonstrate that not all screen time is created equal: what is harmful and inappropriate in one context is benign in another, and vice versa. Simply put, screen time is not a numerical entity whose causal effects we can measure and explain, but a meaningful activity that we must try to understand. (shrink)

As a global public health concern, elder abuse negatively affects health, psychosocial wellbeing, and mortality among elders. Research and practice efforts made to explore effective prevention and intervention strategies are growing. Despite the growing number of intervention studies on elder abuse, research synthesis on the empirical literature seems lacking. This study aims to identify the pooled effect size of prevention and interventions targeted ultimate and intermediate outcomes for elder abuse that occurred in community settings. Following the Cochrane guideline, our team (...) searched across eight electronic databases and manually searched reference lists of eligible studies and existing systematic reviews for all potentially eligible studies. A random-effects model of 51 effect size estimates reported an overall positive and statistically significant treatment effect of psychosocial interventions for elder abuse, d = 0.63, p < 0.05. The overall treatment effect was approaching statistical significance at 0.1 level for ultimate outcomes, d = 0.32, p = 0.09, and intermediate outcomes, d = 0.75, p = 0.1. An overall significant effect size was found among family-based interventions, d = 0.59, p < 0.05, and interventions targeting older adults and their caregivers, d = 0.45, p < 0.05. Existing evidence supports an overall significant effect for psychosocial interventions for elder abuse. Interventions that used a family-based model, combined education and supportive services, and targeted both caregivers and elders, showed significant effect size, suggesting such features being considered in elder abuse intervention design. Future intervention research is needed to shed light on the link between intervention activities and ultimate change in elder abuse behaviors. (shrink)

Idioms are the unity of figurative and formulaic expressions, driving a variety of creative variants used in everyday life. This study explored how Chinese readers made sense of Chinese idioms and their variants, with possible constraints from their strength in overall inhibitory control (OIC). Our new attempt at a comprehensive measure of inhibitory control managed to predict the readers’ self-paced reading behavior in the context of the idioms written in the Chinese ideographic script. Those with poorer OIC were assumed to (...) show more difficulties in inhibiting the literal meaning of a Chinese idiom as the supportive context unfolded. Such constraints from OIC also resurfaced during the comprehension of the Chinese variants employed in this study that were likely treated as novel idioms. We thereby assumed a hybrid route for the comprehension of Chinese idiomatic expressions. Nonetheless, idiom familiarity or decomposability exerted limited influence during these processes. The current study enriches the individual-difference approach to idiom comprehension by further expounding how its account varies with an ideographic writing system characterized by symbolic glyphs. (shrink)

Preservice mathematics teachers’ accurate understanding of mathematical problem solving and its teaching is key to the performance of their professional quality. This study aims to investigate preservice mathematics teachers’ understanding of problem solving and its teaching and compares it with the understanding of in-service mathematics teachers. After surveying 326 in-service mathematics teachers, this study constructs a reliable and valid tool for the cognition of mathematical problem solving and its teaching and conducts a questionnaire survey on 26 preservice mathematics teachers. Survey (...) results reveal that preservice mathematics teachers have a good understanding of mathematical problem solving and its teaching and are more confident in the transfer value of problem solving ability. By contrast, in-service teachers are more optimistic that problem solving requires exploration, continuous thinking, and the participation of metacognition. This article concludes that preservice mathematics teachers should focus more on the initiative and creativity of students and put students at the center of education. In addition, teacher educators should provide more teaching practice opportunities for preservice teachers. The findings also show that in-service teachers’ understanding of problem solving and its teaching is inferior to that of preservice teachers on some indicators, implying the importance of post-service training for in-service teachers. (shrink)

In the era of the knowledge economy, the improvement of national innovation systems is playing a significant role in the global entrepreneurship ecosystem. Entrepreneurs are accelerating international intellectual property applications to be competitive. What remains to be explored is the evolution of international intellectual property network in the globe. With the application of social network analysis and intellectual property application database, the global innovation network structure from 2000 to 2019 is explored. Results showed that in the period 2000–2019, the global (...) innovation network has been expanding rapidly from a sparse network to a dense and complex one. Patent application is unevenly distributed in the globe. Countries such as the US, China, and Canada have been the top countries flowing in, while Japan, Korea, EU, and Switzerland have been the main countries flowing out. Global innovation network shows an obvious “core-periphery” pattern. The distribution pattern presents a quadrilateral structure with the four core regions of “US, Japan, EU, and China” as the apex. This analysis contributes to the visualization of the global layout of intellectual property and the evolution trend by analyzing intellectual property application networks. This can provide important experience reference for enterprises to study the global entrepreneurship ecosystem. (shrink)

Factors Which Influence the Growth of Creative Industries: Cross-section Analysis in China With the more and more important roles of creative economy, its research has become one of the major fields in economic development. The creative economy has the potential to generate income and jobs while promoting social inclusion, cultural diversity and human development. As a developing country, China is also in need of developing the creative economy to adjust the economic structure and realize the sustainable development. In this paper, (...) we examined the factors which influence the growth of creative industries in China through the cross-section analysis of 23 regional data in 2007. Four main factors were examined in this multi-regression model, that is, GDP per capita, the number of higher education institutions, the number of students enrolled in higher education institution and the number of patents.The statistical analysis found that the model's fit is quite good and 69% of dependent variable is explained by the model. Specifically, there are three sub-conclusions. Firstly, there is not a positive relationship between GDP per capita and dependent variable; on the contrary, there is a weak negative relationship in this model. We infer that it is because of the stage of economic development. China heavily depends on the development of the second industry in the process of industrializing. Secondly, there is no linear relationship, in this model, between the number of higher education institutions and the dependent variable. We infer that it is mainly due to the differences between the higher education institutions, such as scales and qualities, etc. Thirdly, there is enough evidence to conclude that the number of students enrolled in higher education institution and the dependent variable are linearly related; the number of patents and the ratio of creative industries are linearly related, as well. They represent the important roles of talents and technology in the development of creative industries. (shrink)

Tourism in the Globally Important Agricultural Heritage System is critical to the inheritance and innovation of excellent traditional farming cultures. Based on social identity theory, this paper explored the process by which agricultural heritage systems’ creative performance influences tourists’ cultural identity through 406 questionnaires from Chinese tourists. The results indicate that creative performance affects tourists’ cultural identity through a dual perspective of knowledge transfer and novelty perception. Furthermore, perceived authenticity acts as a moderator, weakening the impact of creative performance on (...) tourists’ knowledge transfer, while perceived authenticity does not affect the process of tourists’ novelty perception. This research provides a fresh perspective on the sustainable development of agricultural heritage tourism. Meanwhile, it offers theoretical foundations and practical inspirations for the development of agricultural heritage’s creative tourism. (shrink)

Undergraduate education is very important for higher education. Among the factors affecting the quality of undergraduate education, teaching quality is the most important factor. At present, an important issue that affects teaching quality is insufficient teaching investment. An open-ended questionnaire survey was conducted on 62 faculty members and 65 university students in China. Results found that the undergraduate teaching investment of faculty members mainly consists of four parts: workload investment, ability investment, energy investment, and teaching emotional investment. A preliminary test (...) was conducted on 342 faculty members, and the results of an exploratory factor analysis supported the proposed four-dimensional teaching investment model. The test involved 293 faculty members and confirmatory factor analysis showed that the four-dimensional model had a good degree of fit. A further criterion-related test showed that the four-dimensional teaching investment of faculty members has a significant positive correlation with classroom management, clarity of teaching materials, teacher–student interaction, teaching strategies, and skills application, and work engagement. These results show that the proposed four dimensions of teaching investment effectively measure the teaching investment of faculty members, specifically the indicators of teaching investment and that they promote the development of faculty teaching investment research. (shrink)

Individuals often fail to accurately predict others’ decisions in a risky environment. In this paper, we investigate the characteristics and causes of this prediction discrepancy. Participants completed a risky decision-making task mixed with different domains (gain vs. loss) and probabilities (small vs. large), with some participants making decisions for themselves (the actor) and the others predicting the actors’ decisions (the predictor). The results demonstrated a prediction discrepancy: predictions were more risk-averse than the actual decisions over small-probability gains and more risk-seeking (...) over large-probability gains, while these patterns were reversed in the loss domain. Reported and predicted levels of emotional stimulation revealed a pattern that is consistent with the notion of risk-as-feelings and empathy gaps. Mediation analysis provided strong evidence that such prediction discrepancy is driven mainly by the predictor’s underestimate of the intensity (not the impact) of the actor’s emotional state. (shrink)

Confucius is considered to be a great philosopher and educator in Chinese society and one of the greatest scholars ever in world history. He was the founder of Confucianism, which constitutes a major part of traditional Chinese culture and made tremendous contribution to the unfolding of Chinese civilization over the centuries. In this study, the authors have presented a comprehensive outline of Confucianism and have attempted to gauge the attitude of contemporary Chinese people towards Confucian concepts, values and attributes as (...) well as their influences on the social lives of present-day Chinese population. The Likert Scale was applied in the study to assess the attitude of the Chinese educated class belonging to the educational institutions like the universities in Beijing towards Confucianism. It was found from the survey that the Confucian concepts still wield substantial influence on the social outlook of the modern-day Chinese people and these attributes are still relevant in the day to day lives of the Chinese society. Philosophy and Progress, Vol#61-62; No#1-2; Jan-Dec 2017 P 109-132. (shrink)

PurposePlaying styles play a key role in winning soccer matches, but the technical and physical styles of play between home and away match considering team quality in the Chinese Soccer Super League remain unclear. The aim of this study was to explore the technical and physical styles of play between home and away matches integrating with team quality in the CSL.Materials and methodsThe study sample consists of 480 performance records from 240 matches during the 2019 competitive season in the CSL. (...) These match events were collected using a semi-automatic computerized video tracking system, Amisco Pro®. A k-means cluster analysis was used to evaluate team quality and then using principal component analysis to identify the playing styles between home and away matches according to team quality. Differences between home and away matches in terms of playing styles were analyzed using a linear mixed model.ResultsOur study found that PC1 presented a positive correlation with physical-related variables such as HIRD, HIRE, HSRD, and HSRE while PC2 was positively associated with the passing-related variables such as Pass, FPass, PassAcc, and FPAcc. Therefore, PC1 typically represents intense-play styles while PC2 represents possession-play styles at home and away matches, respectively. In addition, strong teams preferred to utilize intensity play whereas medium and weak teams utilized possession play whenever playing at home or away matches. Furthermore, the first five teams in the final overall ranking in the CSL presented a compensated technical-physical playing style whereas the last five teams showed inferior performance in terms of intensity and possession play.ConclusionIntensity or possession play was associated with the final overall ranking in the CSL, and playing styles that combine these two factors could be more liable to win the competition. Our study provides a detailed explanation for the impact of playing styles on match performances whereby coaches can adjust and combine different playing styles for ultimate success. (shrink)

Information on age-related differences in affective meanings of words is widely used by researchers to study emotions, word recognition, attention, memory, and text-based sentiment analysis. To date, no Chinese affective norms for older adults are available although Chinese as a spoken language has the largest population in the world. This article presents the first large-scale age-related affective norms for 2,061 four-character Chinese words (AANC). Each word in this database has rating values in the four dimensions, namely, valence, arousal, dominance, and (...) familiarity. We found that older adults tended to perceive positive words as more arousing and less controllable and evaluate negative words as less arousing and more controllable than younger adults did. This indicates that the positivity effect is reliable for older adults who show a processing bias toward positive vs. negative words. Our AANC database supplies valuable information for researchers to study how emotional characteristics of words influence the cognitive processes and how this influence evolves with age. This age-related difference study on affective norms not only provides a tool for cognitive science, gerontology, and psychology in experimental studies but also serves as a valuable resource for affective analysis in various natural language processing applications. (shrink)

The outbreak of COVID-19 at the end of 2019 has become the most devastating public health event of the 21st century. The different performances of governments and people in different countries and regions show that national values may play an important role in the prevention and control of COVID-19. Based on data from the seventh wave of World Values Survey and the Human Freedom Index report in 2020, three national value factors are extracted in this manuscript, including religious belief, government (...) satisfaction and individual freedom. Then ordinary least squares regression regression model is constructed to explore the influence of these three value factors on the prevention and control of COVID-19 and some heterogeneity analysis is implemented. The results show that religious belief and individual freedom significantly increased the COVID-19 infection rate, while government satisfaction significantly reduced the COVID-19 infection rate. The study findings have the ability to hold up after a range of robustness. For countries and regions with different COVID-19 testing policies, the influence of national values is different. Only in countries and regions with high testing rate policies and complete systems of the prevention and control of COVID-19, the influence of national values is significant. Based on these findings, a series of targeted policy recommendations for building national values in the post-epidemic era are proposed. (shrink)

Most of the existing literature on social preferences either tests whether certain characteristics of the social context influence individual decisions, or tries to estimate parameters of social preference functions describing such behavior at the level of the entire population. In the present paper, we are concerned with measuring parameters of social preference functions at the individual level. We draw upon concepts developed for eliciting other types of utility functions, in particular the literature on decision making under incomplete information. Our method (...) derives parameters of social preference functions from indifference statements about the distribution of payoffs a group. We apply our method in a controlled social preference experiment to establish the external validity of estimated parameters. Our results show the expected relationships to some external factors and also a strong correspondence between parameter estimates and factors that, according to the subjects’ own descriptions, influenced their behavior. We also find that some concepts discussed in the literature on social preferences, in particular envy toward players receiving a larger payoff, have very diverse and complex effects at the individual level. (shrink)

BackgroundBilateral cerebral palsy is the most common type of CP in children and is often accompanied by different degrees of communication impairment. Several studies have attempted to identify children at high risk for communication impairment. However, most prediction factors are qualitative and subjective and may be influenced by rater bias. Individualized objective diagnostic and/or prediction methods are still lacking, and an effective method is urgently needed to guide clinical diagnosis and treatment. The aim of this study is to develop and (...) validate an objective, individual-based model for the prediction of communication impairment in children with BCP by the time they enter school.MethodsA multicenter prospective cohort study will be conducted in four Chinese hospitals. A total of 178 children with BCP will undergo advanced brain magnetic resonance imaging at baseline. At school entry, communication performance will be assessed by a communication function classification system. Three-quarters of children with BCP will be allocated as a training cohort, whereas the remaining children will be allocated as a test cohort. Multivariate lesion- and connectome-based approaches, which have shown good predictive ability of language performance in stroke patients, will be applied to extract features from MR images for each child with BCP. Multiple machine learning models using extracted features to predict communication impairment for each child with BCP will be constructed using data from the training cohort and externally validated using data from the test cohort. Prediction accuracy across models in the test cohort will be statistically compared.DiscussionThe findings of the study may lead to the development of several translational tools that can individually predict communication impairment in children newly diagnosed with BCP to ensure that these children receive early, targeted therapeutic intervention before they begin school.Trial registrationThe study has been registered with the Chinese Clinical Trial Registry. (shrink)

Guided by the theories of system theory, synergetic theory, and other disciplines and based on fuzzy data mining algorithm, this article constructs a three-tier social security fund cloud audit platform. Firstly, the article systematically expounds the current situation of social security fund and social security fund audit, such as the technical basis of cloud computing and data mining. Combined with the actual work, the necessity and feasibility of building a cloud audit platform for social security funds are analyzed. This article (...) focuses on the construction of the cloud audit platform for social security funds. The general idea of using fuzzy data mining algorithm to build the social security fund audit cloud platform is to compress the knowledge contained in a large number of data into the weights between nodes and optimize the weights through the learning of the neural network system. Through the optimization function, the information contained in the neural network is stored in a few weights as far as possible. The main information is further highlighted by network clipping and removing weights that have little impact on the output. (shrink)

The purpose is to explore new cultivation modes of college students’ national cognition and cultural acceptance. Deep learning technology and Educational Psychology theory are introduced, and the influence of art journal reading on college students’ national cognition and cultural acceptance is analyzed under Educational Psychology. Firstly, the background of Educational Psychology, national cognition and cultural acceptance, and learning system are discussed following a literature review. The DL technology is introduced to construct the journal reading guidance system. The system can provide (...) users with art journals and record the user habits like reading duration and preferences. Secondly, hypotheses are proposed, and a questionnaire survey is designed, with 12 specific indicators to investigate and collect research data. Finally, the collected data are analyzed. The results show that women’s cognition of Chinese traditional culture, Chinese excellent revolutionary culture, and Chinese national identity is higher than that of men. By comparison, men’s cognition of Chinese advanced socialist culture is higher than women’s. After using the journal reading guidance system, the cognition of female college students on traditional Chinese culture is improved by 16.3%. Before and after reading art journals, the overall national cognition and cultural acceptance of Minority students are higher than that of Han students. The overall cognition of Literature and History students is higher than that of Science and Engineering students in traditional Chinese culture and China’s excellent revolutionary culture and lower in advanced Chinese socialist culture and Chinese national identity. The overall cognition of college students’ party members to the advanced socialist culture is higher than league members. As students read more art journals through the guidance system, their overall national cognition and cultural acceptance have increased. Therefore, reading art journals can promote college students’ national cognition and cultural acceptance. A national cognition and cultural acceptance promotion system that conforms to the current situation of college students is constructed. The finding provides a reference for developing complex emotion recognition technology in human-computer interaction. (shrink)

Irregular self-selection is a demonstration of active involvement in interaction. English as a foreign language learners’ talk-in-interaction is one of such cases. Yet, little research has explored when, how, and why learners implement this action. The aim of this article is to address these issues in Chinese postgraduate EFL learners’ conversations from the perspective of multimodal interaction. To this end, we provide descriptive statistics and use multimodal conversation analysis to investigate the detailed process of irregular self-selection. The results show the (...) interactional sensitivity of learners, and all the successful irregular self-selection can be divided into the following three types: turn interruption, turn competition TC), and turn holding abortion. Learners implement this action by using multimodal resources, including lexis, syntax, pitch reset, intensity enhancement, gaze, and so forth. However, their body movements lack diversity, causing behaviors to be constrained and inactive. The main purpose of irregular self-selection is to provide knowledge that contributes to topical development. This study reveals that Chinese postgraduate EFL learners are interactionally competent members. They are able to achieve communicative goals but in a low diversity of body movements. The findings help to understand the detailed process of speakership claiming in EFL learners’ conversations. (shrink)

Recent theoretical work has argued that moral psychology can be understood through the lens of “resource rational contractualism.” The view posits that the best way of making a decision that affects other people is to get everyone together to negotiate under idealized conditions. The outcome of that negotiation is an arrangement (or “contract”) that would lead to mutual benefit. However, this ideal is seldom (if ever) practical given the resource demands (time, information, computational processing power) that are required. Instead, the (...) theory proposes that moral psychology is organized around a series of resource-rational approximations of the contractualist ideal, efficiently trading off between more resource-intensive, accurate mechanisms and less. This paper presents empirical evidence and a cognitive model that test a central claim of this view: when the stakes of the situation are high, then more resource-intensive processes are engaged over more approximate ones. We present subjects with a case that can be judged using virtual bargaining—a resource-intensive process that involves simulating what two people would agree to—or by simply following a standard rule. We find that about a third of our participants use the resource-rational approach, flexibly switching to virtual bargaining in high-stakes situations, but deploying the simple rule when stakes are low. A third of the participants are best modeled as consistently using the strict rule-based approach and the remaining third as consistently using virtual bargaining. A model positing the reverse resource-rational hypothesis (that participants use more resource-intensive mechanisms in lower stakes situations) fails to capture the data. (shrink)

From a hermeneutic point of view, understanding is always conditioned by one's own horizon and perspective. as the great poet Su Shi remarks, we do not know the “true face of Mount Lu” because what we see constantly changes as we move high or low, far off or up close. But the point of the “hermeneutic circle” is not to legitimize the circularity or subjectivity of one's understanding, but to make us conscious of the challenge. How do we understand China, (...) its history and culture? What should be the appropriate paradigm or perspective for China studies? More than twenty years ago, Paul Cohen argued for a “China-centered” approach to understanding Chinese history, but to assume an insider's perspective does not guarantee adequate understanding any more than does an outsider's position guarantee emancipation from an insider's myopia or blindness. By discussing several exemplary cases in China studies, this essay argues that neither insiders nor outsiders have monopolistic or privileged access to knowledge, and that integration of different perspectives and their dynamic interaction beyond the isolation of native Chinese scholarship and Western Sinology may lead us to a better understanding of China and its history. (shrink)