英文摘要

—Why is Cohen's criticism of Rawls correct?

Chen Dezhong

(,;

,,100732,)

Cohen criticized that Rawls' theory of justice only discussed "how to achieve justice", but failed to answer the question "what is justice". Rawls thus reduced justice to the realization of justice. Rawls' supporters insist that justice is the achievement of social rules. However, we need to note that Rawls' path of "rational good" and the path of constructivism, in fact, are choosing to guide good with reason, and require us to think about justice from the perspective of "publicity" and "stability" of the basic social framework. Rawls has always considered both the value of good and the ranking of the value of good. Based on his intuitionist approach, Cohen proposed that justice is the standard we pursue, rather than a strategy to compromise with realistic possibilities through our "fact sensitivity". Cohen's criticism of Rawls maintains the ideality of the issue of justice.

rational goodness; constructivism; basic principle; intuitionism; ideality of justice

Xu Qiangsheng, Jian Xiaoting

(,,430073,)

Through clarifying the connotation of fiduciary duty, can we implement the fairness and accuracy of the accountability of independent directors. Fiduciary duty is the best code of conduct for independent directors based on trust to promote their authorization duties to safeguard the interests of the company, but the connotation of its code of conduct has not been specifically interpreted in the existing company legal system, nor has it been effectively distinguished from the fiduciary duty of members of the executive board. A series of high-risk cases of independent directors' performance of their duties have proved that the limitations of legislation and the arbitrariness of justice have raised public concerns about the institutional incentive mechanism. In order to enhance the credibility of the system, we should combine the characteristics and implementation status of the independent director system, fill in and refine the theoretical connotation of fiduciary duty, form a universal judgment idea at the application level, and create a risk measurable environment for independent directors to perform their duties. The duty of loyalty should be the principled code of conduct for performing duties. The connotation of the duty of diligence depends on the flexible adjustment after the event combined with individual differences. The corresponding imputation principles and punishment levels of the two should be distinguished. From the institutional starting point of the credit object to the institutional practice of the imputation principle, through clarifying the connotation of the company's interests and analyzing the logical structure of fiduciary duties, the dynamic adaptability of the theory of fiduciary duties of independent directors should implement the whole process of independent directors' performing their delegated responsibilities, so as to give full play to the function of fiduciary duties to control agency costs.

independent director; fiduciary duty; directors' responsibilities; company interests

—Concurrently on Article 89 of(Revised Draft)

Cui Yanfeng, Ding Wei

(,,315100,)

The uncommitted equity refers to the unpaid equity actually, and there are two situations: one is the due but unpaid equity, which is called defective equity; the second is the equity within the subscription period.(judicial interpretation III) clearly stipulates the subject of the investment obligation after the former’s equity transfer. For the latter, the law and its judicial interpretation have not yet stipulated. Article 89 of(Revised Draft) stipulates that the capital contribution obligation after the equity transfer within the subscription period shall be borne by the transferee shareholder. This provision is completely opposite to the consequences of the transfer of the due unpaid equity, and the theoretical basis is insufficient. The application of debt assumption (transfer) rules to the assumption of capital contribution obligations after equity transfer has an operational dilemma, and the application of commercial externalism is not comprehensive. The organizational law ofdetermines that the transferor's capital contribution obligation cannot be exempted through transfer, and the rule of "the transferor shall bear, and the informed transferee shall be jointly liable" should be adhered to, so as to maintain the independent personality of the company and the limited liability of shareholders.

；() ; equity transfer; contribution obligation

Xin Liqiu, Xing Siyao

(,,150030,)

At present, China is walking along the rural economic progress, while consolidating and expanding the achievements of poverty eradication and rural revitalization. The huge demand for funds provides a new starting point for rural finance. In the era of big data intelligence, the development of digital inclusive finance can provide a new platform for rural finance and rural economic development. However, the development of finance still faces various challenges, such as technical support, risk supervision, audience financial literacy and data information sharing. In order to make digital inclusive finance better adapt to and meet the new demand changes of rural finance for rural revitalization, it is necessary to further promote the progress of digital inclusive finance by strengthening the construction of digital network infrastructure, improving the risk supervision mode, improving consumer financial literacy, promoting agricultural data sharing and other measures, so as to make it more effective to consolidate and expand the achievements of poverty eradication and effectively connect with rural revitalization.

digital inclusive finance; poverty alleviation; rural vitalization; rural financial development

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Zhang Fan

(,,130012,)

"Non-entity village" is a special form of village transformation forged by rapid urbanization. It mainly refers to that the physical space where villagers jointly produce and live is completely "occupied" and absorbed in the process of urbanization. This "village" has lost its natural boundary as the fundamental symbol of the village, and has become the spatial carrier of urban economic and social development. Villagers also live in neighboring cities or migrate to other villages in this process. However, while the village entity was annihilated, the village collective assets and their associated problems suspended the village in the "urban-rural continuum", which constituted the ultimate expression of the classic problem of "the end of the village". The "two-way loss" between villages and villagers shapes the special social pattern of "non-entity village", and projects the theoretical proposition and practical representation of the current urban-rural interaction in China. As a type of transformation village with strong particularity, the governance problems faced by "non-entity village" are difficult to be solved by conventional strategies, and its future trend needs to be guided by a solid and profound theoretical system, which puts forward new propositions and challenges for rural research and urban-rural integration development research.

non-entity villages; urbanization; village transformation; grassroots governance

—The evolution and review of metaphorical concepts in Western Literature

Zhang Kuizhi

(,,150080,)

How to convey emotions and ideas, maximize the function of literature, so that it cannot only maintain the characteristics of literature itself, but also achieve the purpose of entertainment or enlightenment, is an important topic faced by literature from its cradle to the contemporary era. And how to choose the means of expression remains the key to the realization of literary appeal. Comparing Chinese and Western literature, we can reveal that ancient Chinese literature emphasizes Bixing, while western literature chooses metaphor. From the history of Western literature, we can see the shadow of metaphor in both literary theory and literary creation practice, which forms the extensive use of metaphor in western literature. This excessive pursuit of metaphor has also attracted criticism.

metaphor; symbolize; western literature