Current Issue

2021, Vol. 23 No. 1 Published:28 February 2021

Legal Nature of Live Pictures in Sports Game

LI Xin-tian, TAN Yue-tong

2021, 23 (1): 1-9. doi：10.19722/j.cnki.1008-7729.2020.0279

Abstract ( 877 ) PDF (1027 KB)( 457 )

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In the context of Copyright Law of the Peoples Republic of China, the classification of “audio-visual works” in the broad sense should adopt a relatively strict standard of originality. The object of originality is the expression of thought, in which the inner expression embodies originality. On the premise of following the objectivity and immediacy of program production, the inner expression of live pictures of sports games is limited by the selection, organization and edit of shooting materials. As a result, program producers dont have much individualized selection and have difficulty in adding more originality factors, and the inner expression is difficult to reach the standard of originality of the copyright law, so live pictures in sports games should be identified as video products. Due to the lag feature of laws, some common infringements cannot be regulated. Therefore, it is necessary to enlarge the regulatory range of information network transmission rights, broaden the scope of the body and regulation of the rights of broadcasting and TV organizers, and at the same time, Anti Unfair Competition Law of the Peoples Republic of China should be properly used as a supplement.





Legal Attributes and Legal Protection of Big Data Property Rights

RUAN Zheng-xian

2021, 23 (1): 10-19. doi：10.19722/j.cnki.1008-7729.2020.0273

Abstract ( 1393 ) PDF (1044 KB)( 453 )

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 Big data is a collection of massive data. It is data information in nature, and its information meaning brings economic value. Therefore, big data is objectively property-oriented. This property is not necessarily prohibited in law. The law should conditionally recognize the legitimacy of big data property. If the object of big data property rights is simply identified as the object of neighboring rights, ownership, or information property rights, they all have defects. The property rights of big data are collective rights, and there is compound and complexity in the object. In view of the diversity of the specific rights of big data property rights and the complex type of its objects, the legal protection of big data property rights can be implemented by special rights law protection mode, contractual credit law protection mode, tort law protection mode, and anti-unfair competition law protection mode.





Application of Artificial Intelligence in Field of Legal Judgment

WANG Yi-wei

2021, 23 (1): 20-27. doi：10.19722/j.cnki.1008-7729.2020.0310

Abstract ( 1536 ) PDF (1001 KB)( 771 )

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In the research of artificial intelligence, the application of legal judgment is a topic with a relatively long history. In the early days, scholars from all over the world studied the deductive reasoning judgment of laws and cases based on the knowledge representation learning model. With the rise of the machine learning model, the optimization of the algorithm model based on “classification problem” has become the mainstream. The application and development of artificial intelligence in legal judgment will undoubtedly reduce the “rule of man” part of the application of the law and improve judicial efficiency, but with the current technical level, it is far from being able to completely replace the function of human beings in the field of legal judgment. Based on the research of various countries and combined with national conditions, China should sort out the shortcomings of the current research and promote the development of artificial intelligence in the field of legal judgment.





Coordinated Mechanism of E-commerce Ecosystem Based on Evolutionary Game

WEI Xiao-chao, ZHU Tian

2021, 23 (1): 28-40. doi：10.19722/j.cnki.1008-7729.2020.0122

Abstract ( 614 ) PDF (2309 KB)( 427 )

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 At present, the competition among e-commerce enterprises is increasingly fierce, which has risen to the level of the ecosystem. It is necessary to study the evolutionary equilibrium mechanism of the e-commerce ecosystem. Based on the perspective of evolutionary game, the three main populations in the e-commerce ecosystem-the leading population, the key population and the supporting population are studied, and under the assumption of spreading the cost and sharing the revenue, a three-party evolutionary game model is established, and the evolutionary stability strategies of the e-commerce ecosystem are explored. The results show that 1) the three parties have different degrees of influence on each others willingness to participate. The influence of the key population is stronger than that of the supporting population, and the influence of the leading population is the least. 2) The incentive policy of the leading population is influenced by the initial willingness of the key population and the supporting population. When the initial willingness is low, the incentive policy can improve the cooperative level; when the initial willingness is high, the incentive policy can promote the ecosystem to reach the stable state quickly (improve the rate of convergence). 3) Reasonable revenue sharing coefficient is conducive to improving the cooperative level of the key and the supporting populations. The model provides a useful attempt for quantitative research on the evolution dynamics of e-commerce ecosystem.





Dynamic Mechanism of Formation of New Type of Government-Business Relationship—Based on Provincial Panel Data of A-share Listed Companies in China#br#

YANG Lan-pin, SU Shan

2021, 23 (1): 41-50. doi：10.19722/j.cnki.1008-7729.2020.0050

Abstract ( 660 ) PDF (1120 KB)( 497 )

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 Discussing main factors and its mechanism of optimizing the relationship between government and business is of great importance to construct a new type of relationship, to improve the quality of the relationship, and to promote the high-quality development of China in all respects. The internal logic and main promoting factors for the formation of the new type of the relationship between government and business are analyzed, and taking the provincial panel data of A-share listed companies from 2008 to 2017 as a sample, the fixed effect model is adopted to empirically investigate the mechanism and influence of policy change, inter-governmental competition and marketization on the change of the relationship between government and business. It is found that policy change, inter-governmental competition and marketization all have significantly positive effects on the improvement of the relationship between government and business. Further research reveals that policy factors and inter-governmental competition show obvious regional heterogeneity, that is, the effect has a trend of gradually weakening from east to west. Finally, based on the above conclusions, suggestions on how to promote the development of the relationship between government and business are put forward.





Can Financial Subsidies Always Promote Corporate Innovation? —A Quasi-natural Experiment

GAO Jing, WANG Shan-shan, GONG Yan-ling

2021, 23 (1): 51-59. doi：10.19722/j.cnki.1008-7729.2020.0265

Abstract ( 1069 ) PDF (1090 KB)( 470 )

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 By using the database of Chinese industrial enterprises and adopting the quasi-natural experimental method of propensity score matching-difference in differences (PSM-DID), the effect of financial subsidies on corporate innovation was demonstrated in different scenarios. The results show that financial subsidies have significantly promoted corporate innovation. For each 1% increase in financial subsidies, corporate innovation output increases by 5.4%, 5.7% and 5.2%, respectively. The contribution of this research is that it integrates government intervention theory, soft budget constraint theory, and rent-seeking theory into the exploration of the role of financial subsidies on corporate innovation; that the use of quasi-natural experimental method reduces endogenous bias caused by potential sample selectivity bias; that using the output value of new products to measure innovation performance highlights the market transformation ability of enterprise innovation. The research provides empirical support for the government to optimize financial subsidy policies and for enterprises to carry out innovation activities.





Impact of Market Distortion of R&D Factors on Innovation Performance of High-tech Industries#br#

YI Ying-ying, JI Na

2021, 23 (1): 60-68. doi：10.19722/j.cnki.1008-7729.2020.0278

Abstract ( 648 ) PDF (1035 KB)( 703 )

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The autonomy and selectivity of R&D factors always leads to distortion in high-tech industry. Based on Chinas provincial panel data from 2009 to 2018, the production function method was used to measure the market distortion index of the R&D personnel factor and the R&D capital factor, and the dynamic generalized method of moments (GMM) was used to empirically analyze the impact of market distortion of R&D factors on innovation performance of high-tech industries. The results show that two R&D factors have different degrees of market distortion, and the degree of market distortion of the R&D personnel factor is greater than that of the R&D capital factor; market distortion of R&D factors has inflection point effect on innovation performance of high-tech industries; market distortion of R&D factors is beneficial to the development of high-tech industries in the central and western regions, but is unfavorable to the eastern region.





Can Green Finance Improve Green Total Factor Productivity？

ZENG Ling-ling, YE Tian-tian

2021, 23 (1): 69-79. doi：10.19722/j.cnki.1008-7729.2020.0103

Abstract ( 1718 ) PDF (1119 KB)( 1720 )

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The theoretical mechanism of green finance affecting green total factor productivity (TFP) is analyzed, and then based on the panel data of 30 provinces and cities in China from 2005 to 2017, green TFP is estimated by using SBM(Slack-based Measure) directional distance function and Global Malmquist-Luenberger (GML) index, and a green financial index system is constructed and the development level of green finance is estimated by using entropy method. Then, the static IV-GMM regression model and mediation effect model are used to systematically investigate the impact of green finance on green TFP and its mechanism. The results show that Chinas green finance is still at a relatively low level of development while green TFP shows the trend of growth, and both of them show great provincial and regional differences. The regression results show that the development of green finance can significantly promote the growth of green TFP in both coastal and inland areas and the whole country, but it plays a greater role in promoting coastal areas. The mediation effect test results show that for the whole country, the mediation effect of industrial structure optimization, energy saving and emission reduction and green technology innovation is significant, while only the mediation effect of energy saving and emission reduction and green technology innovation is significant in coastal and inland areas.





Impact of Executive Turnover on Risk of Stock Price Crash

ZHAO Bao-guo, WANG Kun

2021, 23 (1): 80-89. doi：10.19722/j.cnki.1008-7729.2020.0255

Abstract ( 1620 ) PDF (1073 KB)( 1775 )

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 Taking Chinas A-share listed companies from 2011 to 2017 as research samples, the relationship between executive turnover and the risk of stock price crash is empirically tested. The results show that without distinguishing the turnover type, the executive turnover will reduce the risk of stock price crash, but after distinguishing the turnover type, the normal executive turnover will reduce the risk of stock price crash while the forced turnover will increase the risk of stock price crash. Furthermore, due to the different ways and purposes of executive appointment in state-owned enterprises and private enterprises, the samples are divided into the state-owned enterprise group and the private enterprise group and tested respectively. It is found that private enterprises are still in line with the above conclusions, while the relationship between forced turnover in state-owned enterprises and the risk of stock price crash is not significant. The meaning of listed companies executive turnover is explained to provide investors a new perspective of analysis. This has practical significance to understanding the meaning of executive turnover and reducing the risk of stock price crash.

“Create” or “Destroy”: Employment Effect of Enterprise Innovation#br# —Threshold Model Test Based on Categorization of Returnee Executives#br#

ZHU Jin-sheng, DONG Tian-qi

2021, 23 (1): 90-98. doi：10.19722/j.cnki.1008-7729.2020.0142

Abstract ( 637 ) PDF (1129 KB)( 837 )

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Based on the social categorization theory and information decision making theory, taking 2091 non-financial listed companies in Shanghai and Shenzhen Stock Markets from 2013 to 2017 as a sample, the panel threshold model is established to investigate the employment effects of enterprise innovation under the different proportions of returnees in the executive team. The empirical results show that the returnee enterprises have stronger technological innovation preferences than the local enterprises. As for the whole sample, with the increase of the proportion of returnee executives, the enterprise technological innovation in the three threshold intervals are respectively presented as a spiral upward characteristic of promoting, inhibiting, and promoting the employment. Taking property rights into account, with the increase of returnees social categorization rate, non-state-owned enterprises show more sustainability and stability in promoting employment through technological innovation. The mechanism of the influence of returnee categorization degree on innovation preferences and the transmission channels of employment creation and employment destruction are explained. The research conclusions provide useful policy inspiration for Chinas technological innovation, international talent strategy, enterprises personnel selection and appointments mechanism and state-owned enterprise reform.





Enlightenment of Habermas Reconstruction of Historical Materialism #br# on Development of Contemporary Society#br#

#br#

GUO Xian-hong

2021, 23 (1): 99-105. doi：10.19722/j.cnki.1008-7729.2020.0281

Abstract ( 1243 ) PDF (937 KB)( 322 )

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With the changes of contemporary capitalism, Habermas tried to break through the dilemma of the critical theory of instrumental rationality and the limitation of the Soviet Union dogmatic socialism mode, and sought the factors which can balance prosperity in economy and democracy in politics in capitalism from the source of the development of the society. Based on this, he stressed the need to reconstruct historical materialism. The reconstruction is based on the theory of communicative action, and it has rationality to some extent. But he has a negative attitude towards the basic principles and scopes of historical materialism, which shows theoretical weakness of idealizing the society. The reflection of Habermas theory can give the following enlightenment to social development: attaching importance to communication and strengthening communication is conducive to creating favorable conditions for social development and human liberation; building harmonious development environment is a process;social development is the comprehensive development of politics, economy and culture; the development of productivity plays a basic role in social development.





Observation and Thinking of Engineering Education Paradigm and Introductory #br# Course of Engineering for Freshman#br#

JI Yang, GUO Pei, WU Zhen-yu, ZOU Qi

2021, 23 (1): 106-112. doi：10.19722/j.cnki.1008-7729.2020.0249

Abstract ( 555 ) PDF (943 KB)( 314 )

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The emerging engineering education puts forward new requirements for the cultivation of engineering talents. As the first step of higher engineering education at the undergraduate level, the introductory course of engineering for freshman must adapt to the new requirements and make changes. The connotation of the introductory course of engineering for freshman is clarified. Through a literature review, the various types of introductory course of engineering for freshman at home and abroad in the historical development process are sorted out. Combined with the characteristics of the emerging engineering education, it is pointed out which types of engineering course should be selected for design and implementation. The difficulties encountered in implementation is emphasized, and corresponding solutions are proposed. It is hoped that the research will bring certain inspiration and reference for design and implementation of the introductory course of engineering for freshman under the background of the emerging engineering education.