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Research on the Unified Mechanism of Law and Morality from Ronald Dworkin's "Law's Empire" 从罗纳德-德沃金的 "法律帝国 "研究法律与道德的统一机制
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240940
Yinge Li
With the development of society, many legal issues have arisen, and it is particularly important to maintain social order and establish correct values. Exploring the unified mechanism of the interaction between law and morality in conjunction with Ronald Dworkin's Laws Empire. The law belongs to a specific normative system, which regulates human behavior through legislation, judiciary, and law enforcement, ensuring social order stability and indirectly reflecting moral concepts. Morality belongs to intrinsic values, influences individual behavior and choices, reflects cultural traditions and social consensus, and influences the formulation of laws. They are interrelated and constrained, jointly shaping social norms. By using literature analogy and theoretical research methods, it is proposed to establish a symmetrical system between moral consciousness and legal regulations, apply this theory to practice, continuously improve the legal system, safeguard the rights and obligations of citizens, and promote social progress.
随着社会的发展,出现了许多法律问题,维护社会秩序、树立正确的价值观尤为重要。结合罗纳德-德沃金的《法律帝国》,探讨法律与道德的统一互动机制。法律属于特定的规范体系,通过立法、司法、执法等方式规范人的行为,保障社会秩序稳定,间接体现道德观念。道德属于内在价值,影响个人行为和选择,反映文化传统和社会共识,影响法律的制定。它们相互联系、相互制约,共同塑造着社会规范。通过文献类比和理论研究方法,提出建立道德意识与法律规范的对称体系,并将这一理论应用于实践,不断完善法律体系,保障公民的权利和义务,促进社会进步。
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引用次数: 0
Legislation Issues on the Invasion of Alien Species Through Ballast Water in Ships 通过船舶压载水入侵外来物种的立法问题
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240868
Qiongyan Cai
The issue of alien species invasion caused by ballast water from ships has been recognized by the Global Environmental Fund as one of the four major threats to the oceans. As a major maritime nation, China is also confronted with the same problem. This paper outlines the hazards of alien species invasion through ballast water and analyzes the current legislation status and shortcomings of ballast water in Chinese ships. It proposes legislative strategies, including clearly defining legislative purposes, enacting specialized laws, and establishing a coordinated regulatory system, aiming to provide assistance to legislation and practices in China regarding the invasion of alien species through ballast water.
船舶压舱水造成的外来物种入侵问题已被全球环境基金认定为海洋面临的四大威胁之一。作为海洋大国,中国也面临着同样的问题。本文概述了外来物种通过压舱水入侵的危害,分析了中国船舶压舱水的立法现状和不足。本文提出了明确立法宗旨、制定专门法律、建立协调监管体系等立法策略,旨在为中国有关压载水外来物种入侵的立法和实践提供帮助。
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引用次数: 0
Analysis of Translator Behavior from the Perspective of Intervention System Negation of Resource Change - Taking the Interpretation of the Foreign Ministers Press Conference at the First Session of the Fourteenth National Peoples Congress as an Example 资源变化的干预系统否定视角下的翻译行为分析--以十四届全国人大一次会议外长记者会口译为例
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240936
Jing Lin
Criticism of translator behavior expands the social perspective of translator behavior research. Based on the theory of evaluation of negation of resources in intervention system in systemic functional linguistics, this paper uses the Truth-Pragmatism continuous evaluation mode of translator behavior to study the translator behavior behind the change in evaluation significance of the interpretation of the Foreign Ministers press conference at the first session of the Fourteenth National Peoples Congress. The study found that translators possess the attribute of pragmatism and there exists a pragmatic social subject choice. The study aims to provide reference and guidance for the development of diplomatic interpretation.
译者行为批判拓展了译者行为研究的社会视角。本文以系统功能语言学中的干预系统资源否定评价理论为基础,运用译者行为的真理-实用主义连续评价模式,研究十四届全国人大一次会议外长记者会口译评价意义变化背后的译者行为。研究发现,译者具有实用主义属性,存在实用主义的社会主体选择。本研究旨在为外交口译的发展提供参考和指导。
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引用次数: 0
The Visible and the Invisible: Jean-Luc Marion on the Artistic Phenomenology 可见与不可见:让-吕克-马里昂论艺术现象学
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240965
Chenyu Zhang, Lian Zhang
Jean-Luc Marion, as a renowned phenomenologist today, transcends painting from the realm of aesthetics and, through a series of fundamental inquiries into painting, images, and issues such as idols and icons, rearticulates phenomenology's overcoming of subjectivity. This article will reflect on Marion's artistic phenomenology, focusing on the visible and the invisible and describing painting, idols, and the most visible from the perspective of givenness. Particularly noteworthy is that painting is no longer seen merely as the intentional object of the viewer; it transcends the ordinary object to become an idol. The idol evokes more gazes while also concealing itself beneath the subject. Contemporary painting rebels against dependence on nature, showcasing more possibilities. From Impressionism to minimalism, artistic creation breaks away from pure visibility, attempting to operate autonomously from intentional subjects and move towards the icon.
让-吕克-马里恩作为当今著名的现象学家,超越了绘画的美学范畴,通过对绘画、图像以及偶像、圣像等问题的一系列基本探究,重新阐述了现象学对主观性的克服。本文将对马里恩的艺术现象学进行反思,重点关注可见和不可见,并从给定性的角度描述绘画、偶像和最可见的事物。尤其值得注意的是,绘画不再仅仅被视为观者的意向对象,它超越了普通对象,成为偶像。偶像在唤起更多注视的同时,也将自身隐藏在主体之下。当代绘画反叛了对自然的依赖,展示了更多的可能性。从印象派到极简主义,艺术创作摆脱了纯粹的可视性,试图从有意识的主体中自主运作,走向偶像。
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引用次数: 0
The Challenge of Traditional Teaching Approach: A Study on the Path to Improve Classroom Teaching Effectiveness Based on Secondary School Students' Psychology 传统教学方法的挑战:基于中学生心理的课堂教学有效性提升路径研究
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240945
Jinghang Hu
Currently, the psychological issues faced by secondary school students and their impact on classroom instruction are widely discussed. Throughout the middle school years, adolescents experience both physical and cerebral development. As material living conditions improve and social attitudes diversify, secondary school children experience fast cognitive development, possess a strong sense of self, and may also exhibit anxiety and rebellious tendencies. Nevertheless, the present traditional classroom exhibits many drawbacks, including a singular teaching approach, disconnection from real-world applications, insufficient emphasis on perceptual skills development, and disregard for students' active engagement in information acquisition. Conventional classrooms are no longer capable of fulfilling the requirements of learners. Thus, considering the psychological traits of middle school children, this study proposes the following recommendations: Firstly, create a classroom environment that is focused on the needs and interests of the students. Secondly, use the cooperative learning approach inside the classroom. Lastly, incorporate the usage of multimedia tools and techniques for instructional purposes.
目前,中学生面临的心理问题及其对课堂教学的影响已被广泛讨论。在整个初中阶段,青少年经历着身体和大脑的双重发育。随着物质生活条件的改善和社会观念的多元化,中学生的认知能力发展迅速,自我意识强烈,也会表现出焦虑和叛逆的倾向。然而,目前的传统课堂存在着许多弊端,包括教学方法单一、与实际应用脱节、不够重视感知能力的培养、忽视学生主动获取信息等。传统课堂已无法满足学习者的要求。因此,考虑到初中生的心理特征,本研究提出以下建议:首先,营造以学生需求和兴趣为中心的课堂环境。其次,在课堂上使用合作学习法。最后,结合使用多媒体工具和技术进行教学。
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引用次数: 0
Research on Algorithmic Gender Bias under the Paradigm of Machine Behavior Studies 机器行为研究范式下的算法性别偏见研究
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240802
Yuqing Liu
In the field of communication studies, machine behavior specifically refers to information dissemination activities involving artificial intelligence technology. As algorithms increasingly become the primary force in information dissemination, their potential gender bias becomes increasingly apparent. This paper, based on three research scopes in machine behavior studies: individual behavior, collective behavior, and human-machine interaction behavior, examines the gender bias exhibited by artificial intelligence entities in algorithms at these three levels. At the individual behavior level, the tendency of algorithm development to simplify features overlooks the diversity present in female society. The inherited data bias and human bias make it difficult to avoid gender discrimination. At the collective behavior level, the creation of opinion leader-type social robots expands the subject of information fog, making the concealed gender discrimination against women more covert. The use of large-scale machine armies manipulates search engine results, leading to severe gender bias in search engine outputs. At the hybrid human-machine behavior level, artificial intelligence shapes female images to construct female cognitive thinking. Algorithms acquire human bias during interaction with users, and social robots amplify gender bias issues through mixed human-machine behavior.
在传播研究领域,机器行为特指涉及人工智能技术的信息传播活动。随着算法日益成为信息传播的主要力量,其潜在的性别偏见也日益明显。本文基于机器行为学的三个研究范围:个体行为、集体行为和人机交互行为,从这三个层面探讨了人工智能实体在算法中表现出的性别偏见。在个体行为层面,算法开发倾向于简化特征,忽视了女性社会中存在的多样性。固有的数据偏见和人类偏见使得性别歧视难以避免。在集体行为层面,意见领袖型社交机器人的诞生扩大了信息雾霾的主体,使针对女性的隐性性别歧视更加隐蔽。大规模机器大军的使用操纵了搜索引擎结果,导致搜索引擎输出结果中存在严重的性别偏见。在人机混合行为层面,人工智能塑造女性形象,构建女性认知思维。算法在与用户互动的过程中获得人类偏见,社交机器人通过人机混合行为放大性别偏见问题。
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引用次数: 0
The Contemporary Value of the Development of Intangible Cultural Heritage Animation 非物质文化遗产动漫发展的当代价值
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240855
Lihong Liu
The protection and inheritance development of Intangible Cultural Heritage (ICH) has seen the significant involvement of emerging media, playing a crucial role in promoting the widespread dissemination and fostering the protection and inheritance of ICH culture. Among various new media matrices, animated imagery has emerged as a formidable force in the past decade, playing a vital role in the protection and inheritance of ICH, showcasing the contemporary value of the development of ICH animation. Examining the current status of the development of ICH animation, there is a cultural, technological, and skillful integration between ICH and animation. This synergy generates a force for development, highlighting prominent characteristics in three aspects: content reconstruction, form reshaping, and the coexistence of values. However, after the processes of reconstruction and reshaping, a new issue arises in the rapid development of ICH animationwhether the original connotations of ICH culture can be accurately preserved.
在非物质文化遗产的保护和传承发展中,新兴媒体的大量介入,为促进非物质文化遗产文化的广泛传播和保护传承发挥了重要作用。近十年来,在各种新媒体矩阵中,动画形象异军突起,在非物质文化遗产的保护和传承中发挥了重要作用,展示了非物质文化遗产动漫发展的时代价值。纵观非物质文化遗产动漫的发展现状,非物质文化遗产与动漫之间存在着文化、技术和技巧上的融合。这种合力产生了发展的动力,突出表现在内容重构、形式重塑、价值共生三个方面。然而,在经历了重构和重塑之后,非物质文化遗产动漫在快速发展的过程中出现了一个新的问题,即能否准确地保留非物质文化遗产文化的原有内涵。
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引用次数: 0
Analysis of the Ethical Lapses in Journalism When Using Chat Records for Reporting 利用聊天记录进行报道时的新闻伦理失范分析
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240971
Fei Peng
In the current era, news stories that utilize private chat records from social media as source material have attracted a substantial audience. However, there has been public debate regarding whether this practice breaches individual privacy management primarily and crosses the boundaries of journalistic ethics. This paper investigates the phenomenon of using private chat records from social media as news material, and its impact on personal privacy management and the boundaries of journalistic ethics. Specifically, the study focuses on how this practice disrupts the privacy management of chat record subjects, particularly in terms of boundary linkage, boundary permeability, and boundary ownership, thereby leading to issues of journalistic ethical lapses. The aim of the research is to propose methods for regulating journalistic practices and promoting the establishment of a "right to be forgotten" for social media users, in order to standardize journalistic boundaries, achieve boundary coordination, and reshape journalistic ethics. The main methodology of this paper is case analysis, complemented by literature review. The article employs Communication Privacy Management Theory as its theoretical framework and analyzes relevant journalistic cases. This paper finds that by standardizing the way journalists use news materials and promoting the establishment of the "Right to be Forgotten" for social media users, it is possible to regulate their news boundaries, achieve boundary coordination, and reshape their journalistic ethics.
当今时代,利用社交媒体上的私人聊天记录作为素材的新闻报道吸引了大量受众。然而,公众一直在讨论这种做法是否主要违反了个人隐私管理,是否跨越了新闻伦理的界限。本文研究了将社交媒体上的私人聊天记录用作新闻素材的现象,以及这种做法对个人隐私管理和新闻伦理界限的影响。具体而言,研究重点是这种做法如何扰乱聊天记录主体的隐私管理,尤其是在边界联系、边界渗透性和边界所有权方面,从而导致新闻伦理失范问题。本研究旨在提出规范新闻实践的方法,推动建立社交媒体用户的 "被遗忘权",以规范新闻边界,实现边界协调,重塑新闻伦理。本文以案例分析为主要方法,辅以文献综述。文章以传播隐私管理理论为理论框架,分析了相关新闻案例。本文发现,通过规范新闻记者使用新闻素材的方式,推动建立社交媒体用户的 "被遗忘权",可以规范新闻记者的新闻边界,实现边界协调,重塑新闻伦理。
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引用次数: 0
On the Scope of Liability for Negligence in Maritime Search and Rescue under the Background of the Amendment to the Maritime Code 论《海商法》修订背景下海上搜救过失责任的范围
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240832
Lianbo Yu
In the era of contract-based maritime rescue under the background of amendments to the Maritime Code, disputes arise regarding whether a rescuer who, due to negligence, causes harm to the assisted party should bear tort liability. When a rescuer negligently causes harm to the assisted party during maritime rescue operations, it constitutes concurrent liability for tort and breach of contract. The rescuer should bear the responsibility for compensating the damages. Specifically, in establishing liability, it is essential to adhere to the standards identical to those in the Tort Liability section of the Civil Code. However, in determining the scope of liability, the principle of full compensation should not be strictly applied and can be appropriately relaxed. First, after posing the question, this paper employs a legal normative analysis method to explore the applicable domestic and foreign laws as well as international treaties related to the issue. The current legal systems stance on the matter is derived from legal norms. Analyzing the rights and obligations relationship between the rescuer and the assisted party from the perspective of balancing interests aims to achieve a new balance of interests between the two parties. Secondly, by comparing the Maritime Code with the Civil Code, the specific differences between the Maritime Code and the Civil Code provisions are identified. Additionally, considering the inherent characteristics of the Maritime Code, an analysis is conducted to differentiate the establishment and scope of liability for negligence-induced maritime rescue. Thirdly, through comparative analysis, it is determined that the rescuer should bear liability for damages resulting from negligent infringement, but the scope of liability can be appropriately limited. Moreover, a comparison between the maritime rescue system and relevant systems is made to clarify the relationship between the maritime rescue system and other relevant systems, providing theoretical support for the amendment of the Maritime Code. Finally, solutions and recommendations are proposed for the issues raised in the context of amendments to the Maritime Code.
在《海商法》修订背景下的合同型海上救助时代,救助人因过失造成被救助人损害的,是否应当承担侵权责任的争议时有发生。救助人在海上救助过程中因过失造成被救助人损害的,同时构成侵权责任和违约责任。救助人应当承担损害赔偿责任。具体来说,在确定责任时,必须遵守与《民法典》侵权责任部分相同的标准。但在确定责任范围时,不应严格适用全额赔偿原则,可以适当放宽。首先,在提出问题之后,本文采用法律规范分析的方法,探讨了与该问题相关的国内外适用法律以及国际条约。现行法律体系对该问题的立场来源于法律规范。从利益平衡的角度分析施救方与受助方的权利义务关系,旨在实现双方新的利益平衡。其次,通过《海商法》与《民法典》的比较,找出《海商法》与《民法典》规定的具体差异。此外,考虑到《海商法》的固有特征,对过失引起的海上救助责任的成立和范围进行了分析区分。第三,通过比较分析,确定救助人应对过失侵权造成的损害承担赔偿责任,但可以适当限制赔偿责任的范围。此外,通过海上救助制度与相关制度的比较,厘清海上救助制度与其他相关制度的关系,为《海商法》的修订提供理论支持。最后,针对《海商法》修订中提出的问题提出解决方案和建议。
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引用次数: 0
Effects of Parenting Styles on Different Addictions-Online Gaming Addiction and Online Shopping Addiction in the Digital Era 教养方式对不同瘾癖的影响--数字时代的网络游戏瘾癖和网络购物瘾癖
Pub Date : 2024-04-26 DOI: 10.54254/2753-7048/50/20240927
Rebeca Yeung
The study explores the effects of different parenting styles on online gaming addiction (OGA) and online shopping addiction (OSA) in this digital age. The objective of this study is to investigate other parenting issues that may affect these addictions besides parenting styles and examine the correlations among different parenting styles on these addictions which go viral under the prevalence of digital lifestyle. Based on the four Baumrind parenting styles, this study reviewed a number of research on the effects of OGA and OSA and revealed that there are more parenting styles identified as times change. It also found that positive parenting style is not always significant and may act as negative factor to induce smartphone addiction while acting as a positive factor against OGA. Furthermore, children with special needs like autism should be considered when evaluating the significance of the effects of different parenting styles. This study contributed to the available literature by adding three variables: parenting stress, hours spent online and the gender differences in perceiving different internet parenting styles which may affect the tendency of the onset of OGA and OSA and their interventions.
本研究探讨了数字时代不同养育方式对在线游戏成瘾(OGA)和在线购物成瘾(OSA)的影响。本研究的目的是调查除教养方式外可能影响这些成瘾的其他教养问题,并研究不同教养方式与这些在数字生活方式盛行下流行的成瘾之间的相关性。本研究以鲍姆林德(Baumrind)的四种教养方式为基础,回顾了许多关于 OGA 和 OSA 影响的研究,发现随着时代的变迁,出现了更多的教养方式。研究还发现,积极的养育方式并不总是重要的,它可能会成为诱发智能手机成瘾的消极因素,同时也会成为对抗 OGA 的积极因素。此外,在评估不同养育方式的影响意义时,应考虑自闭症等有特殊需求的儿童。本研究在现有文献的基础上增加了三个变量:养育压力、上网时长和不同互联网养育方式的性别差异,这些变量可能会影响 OGA 和 OSA 的发病趋势及其干预措施。
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引用次数: 0
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Lecture Notes in Education Psychology and Public Media
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