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Table of Content

    25 January 2024, Volume 0 Issue 1
    Studying and Implementing the Spirit of the 20th CPC National Congress
    The Generating Logic, Scientific Connotation and Development Path of the Struggle Spirit of the CPC
    LUO Hong-jie
    2024, 0(1):  3-13. 
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    The spirit of struggle is the spiritual outlook and state generated by the struggle subject in the practice of struggle, based on grasping the laws of struggle. The struggle spirit of the CPC is not only the need to cope with the great struggle with new historical characteristics, but also embedded in the Marxist struggle character, the Chinese excellent traditional struggle gene and the CPC’s hundred year struggle practice. It is the key element for the Party to have succeeded in the past and continue to succeed in the future. The struggle spirit of the CPC in the new era has new scientific connotations: the struggle purpose of relying on and for the people; the struggle strategy of striving for excellence and paying attention to practical results; the will to struggle with the knowledge of heavy burdens and overcoming difficulties; the fighting attitude that dares to fight and win. We should rationally examine the struggle and its spirit, and clarify that struggle is not an emotional impulse, but a rational practice; struggle is not about seeking personal gain alone, but about unity and struggle; and struggle is not a passive act, but a responsible and capable one. In the new era and during the new journey, we need to strengthen ideological refinement, continue the spiritual bloodline, grasp the historical initiatives, and strengthen the practical improvement to cultivate and carry forward the spirit of struggle, enhance the ability and skill to dare to struggle and excel in struggle, and provide strong spiritual support for the construction of a strong country and national rejuvenation.
    Studying and Implementing the Spirit of the 21th CPC National Congress
    The Evolution and Experience Enlightenment of Chinese Path to Modernization from the Perspective of National Authority
    CHEN Yi
    2024, 0(1):  14-24. 
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    The modernization path of both the latecomer and the developed countries requires national authority to solve the order dilemma in the modernization process. Returning to the context of China, during the period of the New Democratic Revolution, the accumulated national authority in rescuing the nation from danger pointed out the socialist direction for the modernization path at the crossroads; during the period of socialist revolution and construction, the accumulated national authority in the twists and turns provided a fundamental guarantee for the path of independent modernization; in the new era of reform and opening up and socialist modernization construction, the accumulated national authority in pursuing the dual goals of development and protection provided a solid material preparation and institutional prerequisite for the super large-scale modernization path; in the new era of socialism with Chinese characteristics, the accumulated national authority in pursuing the goal of governance modernization provides a community guarantee led by the Party building for the modernization path of putting the people first. From the consensus on values, the accumulation of national authority provides national development goals for the modernization path from the sources, which helps optimizing the national behavior. From the perspective of the degree of organization of action mobilization, the accumulation of national authority provides organizational guarantees for achieving modernized orderly participation and efficient operation. From the perspective of the institutionalized arrangement of power operation, the accumulation of national authority provides rule compliance and legal implications for the steady progress of modernization, which helps to transform institutional advantages into governance effectiveness. From the perspective of the ability cultivation of the leading subjects, the accumulation of national authority and the Party leadership of the Chinese path to modernization road complement each other and strengthen each other, making the dominant political force from weak to strong then to high efficient.
    Economy & Management
    Does the Digital Transformation of Commercial Banks Improves the Availability of Credit to SMEs
    GUI He-fa, DENG Ru-sha
    2024, 0(1):  25-36. 
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    Taking the data of SMEs in Chinese market from 2010 to 2021 as the research sample, this paper focuses on the impact of commercial banks’ digital transformation on the credit availability of SMEs and the role of banking governance represented by financial regulation and financial competition in the process of commercial banks’ digital transformation on the credit availability of SMEs. The findings show that the digital transformation of commercial banks can significantly improve the credit availability of SMEs and enhance the inclusive financial services for SMEs. The relationship between the banking governance represented by financial regulation and financial competition and the credit availability of SMEs presents a nonlinear inverted“U”shape, that is, there is an optimal intensity of financial regulation and degree of financial competition, which optimizes the credit availability of SMEs. In the process of banking governance affecting the credit availability of SMEs, the digital transformation of commercial banks will affect the optimal intensity of financial regulation and degree of financial competition to optimize the credit availability of SMEs, that is, the higher the level of digital transformation of commercial banks, the higher the optimal financial regulatory intensity and the degree of financial competition that can optimize the credit availability of SMEs. The above-mentioned conclusions have important policy implications for in-depth implementation of financial regulation and correct guidance of financial competition, so as to better promote the digital transformation of commercial banks and improve the availability of credit for SMEs.
    Measurement and Evaluation of the High-Quality Development Level of China’s TouristIndustry
    TIAN Hong, LIU Cheng-qing
    2024, 0(1):  37-53. 
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    The high-quality development of tourist industry is an important foundation and strong support for promoting Chinese-style modernization. Scientifically measuring and evaluating the level and the changing trend of high-quality development of regional tourism has important theoretical and practical significance. On the basis of defining the connotation of high-quality development of tourist industry, this paper constructs an evaluation index system of high-quality development of tourist industry under the guidance of the new development concept and the sustainable development theory; then it measures and evaluates the level of high-quality development of the tourist industry in 30 provinces in China. The results show thatfrom 2011 to 2019, the high-quality development level of tourism in China generally shows an upward trend year by year, and the industrial development level, the social harmony level, the innovation ability, the cultural and tourism integration degree, and the ecological protection level have been significantly improved. From 2020 to 2021, due to the impact of the COVID-19 epidemic, although the overall development level and the industrial development level have declined, the scores of the other four indicators continued to rise, which reflects that the high-quality development level of tourism of China is constantly improving with the process of high-quality development of China. However, the high-quality development level of tourism in different provinces is significantly different, and the overall development quality is at a medium level. There is still a long way to reachthe high-quality development standards. In the future, to improve the high-quality development level of tourism, we should focus on optimizing the industrial structure, improving the quality of tourism innovation, deepening the integration of culture and tourism, strengthening ecological protection, and other aspects.
    Insurance and Security
    A Study on the Reasonable Growth Mechanism of Urban and Rural Residents’ Basic Pension: Taking Jiangsu Province as an Example
    CAO Si-yuan, LIN Min-gang
    2024, 0(1):  54-68. 
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    In the context of the high-quality social security development, the basic pension scheme for urban and rural residents is faced with such major problems as lower security levels,undecided benefits determination, inadequate regular adjustment mechanisms, etc.. Taking Jiangsu Province as an example, this paper measures the lower and the upper limits of the reasonable insurance level for theurban-rural pension system. The calculation shows that the lower limit of the reasonable insurance level for 2016-2020 is between 611.71 yuan/month and 771.00 yuan/month, and the upper limit is between 880.34 yuan/month and 1239.37 yuan/month. Therefore, the lower and upper limits of the reasonable replacement rate are determined at 40.73% and 60.97%, respectively. After comparing with the actual value, it is found that the lower limit of the reasonable insurance level far exceeds the lower limit of the actual insurance level. After the strong intervention of the compensation standard raising measures, it is estimated that the higher value of the insurance level may exceed the upper limit of the reasonable insurance level. To this end, specific improvement plans are proposed from the two main aspects: improving the payment level to a reasonable range and establishing a basic pension index adjustment mechanism. It is suggested, based on different payment years, to set a lower limit of 2704~4656 yuan/year and an upper limit of 4441~7504 yuan/year for the higher reasonable payment range and a lower limit of 542~2142 yuan/year and an upper limit of 2279~7504 yuan/year for the lower reasonable payment range. It is recommended to jointly determine the adjustment range of basic pension index benefits with 60% of the annual CPI and 100% of the per capita disposable income growth rate of rural residents.
    The Influence of Horizontal Differences of Local Financial Resources on the Equalization of Social Security Expenditure
    REN Bin, LIN Yi
    2024, 0(1):  69-82. 
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    Optimizing social security expenditures by governments at all levels is an important task in promoting the equalization of basic public services, and the reasonable allocation of expenditure responsibilities must be based on the government financial resources. Based on the data of 25 provinces and 243 prefecture-level cities, this paper adopts the relational data analysis paradigm to conduct an empirical study of the impact of the horizontal differences in local financial resources on the equalization of social security expenditures. The findings show that, firstly, the horizontal difference of financial resources has an inhibitory effect on the equalization of social security expenditure at both provincial and prefecture-level cities, and it is stronger at the prefecture-level city level. Secondly, at the provincial level, this effect is manifested at the provincial level as an increasing trend in the central, western, and eastern regions; on the contrary, at the level of prefecture level cities, it shows an increasing trend in the eastern, western, and central regions. Thirdly, whether at the provincial level or prefecture level, the structure of government fiscal expenditure and the central government supervision of social security are important intermediary factors that affect the equalization of social security expenditures due to horizontal differences in financial resources. Based on this, to promote the equalization of social security expenditure in China, the state needs to strengthen the horizontal adjustment of local financial resources and optimize the "hierarchical" design of the equalization top-level system, as well as improve the central transfer payment mechanism.
    Agricultural Researches
    Measurement, Regional Differences and Dynamic Evolution of the Construction Level of Livable, Business Friendly, and Beautiful Countryside in China
    ZHAO De-qi, WANG Shi-zhe
    2024, 0(1):  83-98. 
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    The report of the 20th National Congress of the Communist Party of China proposes that the construction of livable, business friendly, and beautiful countryside is a major strategic mission for comprehensively promoting rural revitalization at present. It is of great theoretical and practical significance to conduct in-depth researches on the construction level of livable, business friendly, and beautiful countryside. Based on the construction of a horizontal indicator system and the vertical and horizontal leveling method, this paper measures theconstruction level of livable, business friendly, and beautiful countryside in 31 provinces from 2011 to 2020, and the regional differences and dynamic evolution are revealed by using Dagum Gini coefficient, Kernel density, and Moran index. The findings showthat, firstly, during the sample period, the construction level of livable, business friendly and beautiful countryside in China is steadily increased, with the highest construction level in the eastern region and the fastest annual growth rate in the western region. Secondly, both intraregional and inter regional differences in the construction level are showing a downward trend, with the inter regional differences being the main cause of regional differences. Thirdly, in terms of time evolution, the absolute differences in the construction levels across the country and the three major regions are gradually decreased, but there has always been a significant gap between the leading and lagging provinces in the country and the eastern regions. Fourthly, in terms of spatial evolution, the aggregation mode mainly manifests as H-H aggregation and L-L aggregation, with only a small number of provinces completing the transition to the promotion or the radiation areas. Therefore, it is recommended that to further strengthen the construction of livable, suitable for work, and beautiful countryside from the three aspects, i.e., to fully activate various production factors, to actively promote regional coordinated development, and to implement policies tailored to different provinces.
    Digital Economy and Inclusive Employment: From the Micro Perspective of Migrant Workers
    LV Da-qi, ZHOU Li
    2024, 0(1):  99-111. 
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    Based on the urban level data from 2011 to 2018 in China, this study explores the impact of digital economy development on the employment of migrant workers from an inclusive perspective. The findings show that digital economy development has enhanced the employment inclusiveness of the whole society. The employment inclusiveness is reflected in three aspects. First, compared to the labor force with urban registered residences, the digital economy plays a greater role in promoting the employment of migrant workers. Secondly, among migrant workers, compared to young and middle-aged workers, the digital economy can better promote the employment of middle-aged and elderly migrant workers. Thirdly, compared to high skilled workers, the digital economy can better promote the employment of the low skilled migrant workers. The mechanism analysis reveals that, on the one hand, the digital economy promotes the employment for migrant workers with insufficient social capital through the Internet and its own search methods. On the other hand, the digital economy promotes the employment of low skilled, middle-aged, and elderly migrant workers by increasing the demands for low skilled service industry positions in the region. Therefore, we need to accelerate digital transformation, promote the development of the digital economy, provide skills training, and optimize financial policies to enhance the inclusive employment for migrant workers.
    Law & Economy
    On the Legality of Data Grasping Behaviorfrom the Perspective of Competition Law: An Evolutionary Approach from User Consent to Portability Rights
    GAO Jian-cheng
    2024, 0(1):  112-123. 
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    Due to the uncertainty of data ownership, the consent rule under the framework of private law autonomy is not sufficient to adjudicate the legitimacy of data grasping behavior. A feasible idea is to take personal information data as an entry point and combine it with the right to portability system to adjust the conflicts of interests among the major subjects. Introducing the idea of the right to portability into the adjudication of unfair competition disputes can realize the integration of the norms of the anti-unfair competition law in terms of legal interpretation, and jointly safeguard the rights and interests of consumers and fair competition. Based on this, for non-personal information data, the consent of the user alone cannot have the effect of blocking the illegality of data grasping; as for the personal information data for which the user enjoys the right to portability in accordance with the law, the user can authorize the third party to access the data by means of consent under the premise of satisfying the conditions for exercising the right, thus blocking the illegality of the third party’s act. In applying the idea of portability, the court should still pay attention to whether the user’s consent has been obtained in an improper manner, such as through deception, misinformation or coercion, to ensure its validity and voluntariness, and at the same time weigh the consequences of the transfer of the personal information data in question, so as to avoid adverse effects on the rights and freedoms of others.
    Research on the Connection Mechanism between Civil Public Interest Litigation and Administrative Law Enforcement in Anti-Monopoly Prosecutors
    JIANG Yan-bo, DAI Rui
    2024, 0(1):  124-136. 
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    The establishment of a procuratorial civil public interest litigation system to compensate for the insufficient public and private implementations of China’s current anti-monopoly law is a major highlight of the revision of the anti-monopoly law in 2022, which is in line with the legislative goal of safeguarding consumer interests and social public interests under the anti-monopoly law. It is also an important manifestation of China’s procuratorial organs exercising legal supervision and public interest maintenance functions. However, the newly established anti-monopoly procuratorial civil public interest litigation system in China has suchproblems as unclear nature positioning, simpler legal provisions design, and lack of operability in procedures, especially the positioning and connection between civil public interest litigation and administrative law enforcement, which directly affects the correct implementation of the system. By reviewing the legal and economic theories of civil public interest litigation in anti-monopoly prosecution, this paper analyzes the practical difficulties in the implementation of China’s anti-monopoly prosecution civil public interest litigation system. The findings show that the anti-monopoly prosecution civil public interest litigation system needs to be restructured from two aspects: the substantive law and the procedural law. Only by rationally designing a connection mechanism between the anti-monopoly prosecution civil public interest litigation and the anti-monopoly administrative law enforcement,canwe fully leverage the supervisory function of the civil public interest litigation by prosecutors, improve law enforcement efficiency, save judicial resources, and ensure the systematic and coordinated implementation of the anti-monopoly law on the basis of respecting the basic laws of anti-monopoly administrative law enforcement. Through the integration of the two laws,the characteristics of balancing public interest and private interest in civil public interest litigation of anti-monopoly prosecution can be further reflected, so as to reach the goal of compensating for the losses of individual subjects and safeguarding consumer welfare and social public interests.