本书共收录了丘汉平在《法学杂志》和《东方杂志》等刊物公开发表的法学论文36篇,涉及领域有法理学、法史学、宪法学、民商法学、罗马法、华侨问题等。.

In lieu of an abstract, here is a brief excerpt of the content:Morality in Flux: Medical Ethics Dilemmas in the People's Republic of ChinaRen-Zong Qiu (bio)IntroductionModern China is undergoing a fundamental change from a monolithic society to a rather pluralistic one. It is a long and winding road. Marxism is facing various challenges as the influence of Western culture increases. Confucianism is still deeply entrenched in the Chinese mind but various religions, including Buddhism, Islam, and Christianity are experiencing a revival. (...) Almost fifty minorities coexist in the country in addition to the majority Han people. Tension and conflict are inevitable as diverse—and sometimes incompatible—values come to the fore at this historic juncture. Many fields, including medicine, face new challenges, and in this environment the field of bioethics is flourishing.Like many countries, China is groping with the effects of new medical technology and skyrocketing health care costs. But in the context of the Chinese sociocultural environment, some unique—as well as more familiar—issues arise. None of the classic texts provide ready-made answers to these dilemmas; we must find the answers ourselves. The only reasonable way to resolve the conflicts between opposing values is through dialogue, consultation, and negotiation among the various social and cultural groups.The bioethical dilemmas receiving the most attention in China now relate to the two ends of life: birth and death. On one end are issues relating to reproductive technology, especially birth control and family planning; at the other end is euthanasia.Dilemmas Surrounding Reproductive TechnologyAccording to traditional Chinese belief, not having a child results from not having virtue. In fact, the most serious violation of the Confucian [End Page 16]principle of filial piety is to be without offspring. A Chinese man without a child experiences heavy psychological pressure, and the burden is especially onerous for women because infertility is always blamed on the wife. Wives who do not bear a child are stigmatized and mistreated—even abused—in families that stick to traditional values.In China today, this widely held belief is colliding with another reality: an apparent increase in infertility among newly-married couples. The rate may be about 5 percent. These couples turn to doctors for help.Artificial insemination by donor (AID) and by husband is now widely practiced. Eleven provinces have established sperm banks, and private doctors are performing AID for considerable fees. But procedures to address legal and ethical problems associated with the procedure have lagged behind. With the exception of a few centers in large cities, AID is undertaken without established procedures or policies relating to the selection of donors and recipients, records about those involved, or clarification of the status of the child. The legal status of the child remains unresolved.The status of the child within the community is also unresolved as traditional values clash with the application of modern technology to childbearing. The case of "The Child Who Did Not Belong" (see box), illustrates how an AID child is not accepted by the family that embraces traditional values because he is not the husband's biological child.In vitro fertilization (IVF) is another alternative. Two IVF centers are in operation, one in Beijing and the other in Changsha, and both have succeeded in producing live births. This technology has received considerable media attention and is generally accepted even among those with traditional views.But much of this medical technology is not widely accessible—especially in rural areas—and so some infertile couples resort to surrogate motherhood to ensure an heir. An infertile couple enters into a contract with a woman who has intercourse with the husband in order to bear a child for the couple. This practice is called "borrowing a wife." In some villages, the "borrowed wife" receives as much as 10,000 yuan (five times a professor's monthly salary or about $250) for a girl and double that for a boy.But the more common and thorny problems involved with the beginning of life relate to birth control, family planning, and the "one couple, one child" policy that the Chinese government instituted to curb overpopulation. The goal of that policy is to prevent China's population from exceeding 1.2 billion in the year 2000... (shrink)

Though a few scholars have discussed the transnational engagement of Caribbean thinkers with China, hitherto unknown is the imaginative alliance Left-wing Chinese writers crafted with the Caribbean via their works on the Haitian Revolution. This paper explores writings by four Chinese Marxists—Li Chunhui, Wang Chunliang, Lu Guojun, and Mao Xianglin—who engaged with Caribbean intellectuals, like Eric Williams, and used the history of the first anti-colonial revolution to rethink China’s own decolonial experiment. During the Maoist era, these thinkers argued for the (...) independence of the Haitian Revolution from the French Revolution, imagining Haiti’s revolutions as prefigurations of Third-World Revolution. In the deradicalized Deng era, these writers held contradictory stances towards capitalism, stressing how old and neocolonialism plundered Haiti. By reducing Sino-Caribbean relations to the Chinese diaspora in the Caribbean, or to the recent Belt and Road Initiative, scholars overlook lost revolutionary solidarities that aimed to dismantle world white supremacy. (shrink)

In this paper, we draw on insights from theories in the management and corporate governance literature to develop a theoretical model that makes explicit the links between a firm’s corporate social responsibility related board attributes, its board CSR strategy, and its environmental and social performance. We then test the model using structural equation modeling approach. We find that the greater the CSR orientation of the board, the more proactive and comprehensive the firm’s CSR strategy, and the higher its environmental and (...) social performance. Moreover, we find this link to be endogenous and self-reinforcing, with superior CSR performers tending to further strengthen their board CSR orientation. This result while positive is also suggestive of the widening of the gap between the leads and laggards in CSR. Therefore, the question arises as to how ‘leaders’ are using their superior CSR competencies seen by many scholars as a source of corporate competitive advantage. Stakeholders of corporations therefore need to be cognizant of this aspect of CSR when evaluating a firm’s CSR activities. Policy makers also need to be cognizant of these concerns when designing regulation in this field. (shrink)

This paper investigates how social trust affects stock price synchronicity using a large sample of listed firms in China. We propose and provide evidence that social trust has a significantly positive impact on the amount of firm-specific information capitalized into stock prices. Further analyses indicate that firms located in regions of high social trust tend to have a smaller stock price crash risk and are less likely to engage in opportunistic behaviors than those in low-trust regions. Moreover, the positive role (...) of trust in increasing firm-specific return variations and discouraging corporate misbehaviors is more pronounced for SOEs than Non-SOEs. Evidence from 2SLS regressions supports a causal impact of social trust on stock price synchronicity. (shrink)

This paper presents a rectangular branch-and-reduction algorithm for globally solving indefinite quadratic programming problem, which has a wide application in engineering design and optimization. In this algorithm, first of all, we convert the IQPP into an equivalent bilinear optimization problem. Next, a novel linearizing technique is presented for deriving the linear relaxation programs problem of the EBOP, which can be used to obtain the lower bound of the global optimal value to the EBOP. To obtain a global optimal solution of (...) the EBOP, the main computational task of the proposed algorithm involves the solutions of a sequence of LRPP. Moreover, the global convergent property of the algorithm is proved, and numerical experiments demonstrate the higher computational performance of the algorithm. (shrink)

This paper reviews the practice of late abortion in China and summarizes the arguments for morally justifying the ‘one couple, one child’ policy.

Chinese medicine has a history of at least 2,000 years. The first explicit literature on medical ethics did not appear until the seventh century when a physician named Sun Simiao wrote a famous treatise titled “On the Absolute Sincerity of Great Physicians” in his work The Important Prescriptions Worth a Thousand Pieces of Gold. In this treatise, later called The Chinese Hippocratic Oath, Sun Simiao required the physician to develop first a sense of compassion and piety, and then to make (...) a commitment to try to save every living creature, to treat every patient on equal grounds, and to avoid seeking wealth because of his expertise. (shrink)

This study investigated the internal mechanism of the relationship between primary school students’ peer relationships and their performance in the Chinese language and literature. We constructed a chain mediation model, focused on the mediation effects of parental involvement and the sense of autonomy, on the correlation between peer relationships and performance in Chinese language scores. A questionnaire survey was conducted among 1,503 students in grades 4–6, and their parents, in three cities in Jiangsu Province. The result indicated the following: there (...) was a significant positive correlation between primary school students’ peer relationships, parental involvement, sense of autonomy, and the level of Chinese language scores; parental involvement and the sense of autonomy, respectively, mediate the relationship between peer relationships and Chinese language scores; primary school students’ parental involvement and sense of autonomy play a chain-like mediating role in the relationship between their peer relationships and Chinese language scores. The research results provide a reference for exploring the educational strategies of primary school students’ Chinese literacy. (shrink)

This is a review of the literature in the philosophy of medicine published in China from 1930 to 1980. The topics dealt with include the relationship between medicine and philosophy, the basic concepts of medicine, etiology and causality, the bearing of psychology on physiology and pathology, epistemology in diagnostics, methodology of medical sciences, philosophical and methological problems in traditional Chinese medicine, philosophical problems in health policy, and medical ethics.

ObjectivesTo simulate hemodynamic changes after extraluminal compression in pulsatile tinnitus patients with a prominent transverse-sigmoid sinus junction.MethodsOne patient-specific case was reconstructed based on computed tomography venography images of a PT patient. The compression degree served as a new index in this study. Cases with 10, 20, 30, 40, 50, 60, 70, 80, and 90% of the compression degree of the control subject were constructed. Steady-state computational fluid dynamics were assessed. The wall pressure distribution, wall maximum pressure and flow pattern of (...) the PTSJ were calculated to evaluate hemodynamic differences among all cases.ResultsWith increasing compression, the wall pressure at the compression point and downstream of the PTSJ decreased but increased upstream. When the compression degree exceeded 70%, the upstream pressure increased significantly. Above 50% compression, the blood flow pattern downstream of the sigmoid sinus tended to spiral, especially after 80% compression. Beyond 60% compression, the blood flow pattern under the compression axis became more medial.ConclusionMechanical compression of PTSJ changes wall pressure and blood flow patterns. The degree of compression should be carefully observed to avoid possible complications or reoccurrence. (shrink)

Tennis players have more physical training content, and the training items are complex. For athletes, training programs that adapt to their individual characteristics should be formulated according to their physical characteristics. The current development of big data has brought about changes in thinking, management, and business models. The combination of complex systems and big data can also make breakthroughs in the sports field. Based on this, this article proposes a tennis player training schedule intelligent formulation system based on complex system (...) big data. First of all, this article adopts the literature data method, comparative analysis method, experimental analysis method, etc., in-depth study of the concepts of big data, complex system, and the physical structure characteristics of tennis sports. This paper designs an intelligent system for making tennis players’ training schedule, which collects, transforms, and integrates tennis training data through the characteristics of big data. Then, the dynamic time regulation of tennis is performed through a complex system, and finally, the experimental system is analyzed. This article mainly analyzes the comparison of physical indicators between the experimental group and the control group before and after the experiment, the evaluation indicators of sports events, the strength training effects of tennis events, and the analysis of shoulder joint tests. There is no significant difference between the experimental group and the control group in the items before the experiment, P > 0.05, which suggests that the physical fitness of the two groups of athletes is similar; in the posttest data, the experimental group and the control group have significant differences, P < 0.05, indicating an effect from the experiment. In particular, in fan running, forward and backward strokes, and the serve, the scores of the experimental group were higher than those of the control group, indicating that the use of the formulated training system demonstrated significant results. (shrink)

The definitions of yu 宇 and zhou 宙 in the “Gengsang Chu 庚桑楚” chapter of the Zhuangzi have been cited as the earliest definitions of space and time in the Chinese philosophical tradition. However, careful analysis of chosen modern translations reveals that the definitions entail rather obscure relationships between the Dao and space and time. I argue that the obscurity is not inherent in the text, but arises from the practice of rendering yu and zhou as the conceptual counterparts of (...) space and time or related concepts. Instead, I propose that we leave the terms untranslated. This practice would not only forestall interpretive difficulties concerning the Dao’s relations to space and time, but it would also preserve the Zhuangzist yu and zhou as two distinctive, ontic notions that indicate the Dao’s indeterminate modes of existence, a unique feature of the Zhuangzi. (shrink)

We examine the link between a firm’s environmental and social disclosures and measures of its risk including total, systematic, and idiosyncratic risk. While we do not find any link between a firm’s E and S disclosures and its systematic risk, we find a negative and significant association between these disclosures and a firm’s total and idiosyncratic risk. These are novel findings and are consistent with the predictions of the stakeholder theory and the resource-based view of the firm suggesting that firms (...) which make extensive and objective E and S disclosures promote corporate transparency that can help them build a positive reputation and trust with their stakeholders. This in turn can help mitigate the firms' idiosyncratic/operational risk. These findings are important for all corporate stakeholders including managers, employees, and suppliers who have a significant economic interest in the survival and success of the firm. (shrink)

The question of whether a system of criminal punishment is just, in terms of morality, can be approached from many angles. More than ten points relating to the retention or abolition of the death penalty have been raised in the dispute in the West over whether the death penalty is justifiable. In my view, it is unnecessary to address this number of issues, not simply because of space limitations that would make it difficult to deal with them in sufficient depth, (...) but also because such trivial lines of reasoning can only weaken the main argument and divert us from the topic of the justifiable grounds of punishment. I shall therefore follow an established framework--the justifiable grounds of punishment--in considering the moral integrity of the death penalty from the dual perspectives of retribution and utility within the traditional theory of punishment. (shrink)

This essay discusses the ethics of traditional Chinese medicine. After a brief remark on the history of traditional Chinese medical ethics, the author outlines the Confucian ethics which formed the cultural context in which traditional Chinese medicine was evolving and constituted the core of its ethics. Then he argued that how Chinese physicians applied the principles of Confucian ethics in medicine and prescribed the attitude a physician should take to himself, to patients and to his colleagues. In the last part (...) of the essay he discusses the characteristics of traditional Chinese medical ethics. Keywords: Confucian, China, humaneness, compassion, virtues CiteULike Connotea Del.icio.us What's this? (shrink)

Objective: To investigate the prevalence of and risk factors associated with mental health symptoms in psychiatric outpatients and their family members in China during the COVID-19 pandemic.Methods: This cross-sectional, survey-based, region-stratified study collected demographic data and mental health measurements for depression, anxiety and acute stress from 269 psychiatric patients and 231 family members in the Second Xiangya Hospital in China from April 27, 2020 to May 8, 2020. Binary logistic regression analysis was performed to identify risk factors associated with mental (...) health outcomes.Result: The results of this survey revealed that symptoms of depression, anxiety, and acute stress were highly prevalent symptoms in the psychiatric patient group. Respondents who were female, unmarried or highly educated were significantly more likely to have the above symptoms. In the family member group, more than half of them felt that the burden of nursing had increased during the epidemic. Subjects with a high degree of burden of care were significantly more likely to exhibit the above mental health symptoms, while females were significantly more likely to have acute stress.Conclusions: The results of this survey revealed a high prevalence of mental health disorder symptoms among psychiatric patients and an increased burden of nursing among their family members after the COVID-19 outbreak in China. Understanding the risk factors in those particular groups of people help improve the public health service system for mental health problems during public health events. For further study, exploration of the needs of mental health services and dynamic change tracking will be needed. (shrink)

The computer distance teaching system teaches through the network, and there is no entrance threshold. Any student who is willing to study can log in to the network computer distance teaching system for study at any free time. Neural network has a strong self-learning ability and is an important part of artificial intelligence research. Based on this study, a neural network-embedded architecture based on shared memory and bus structure is proposed. By looking for an alternative method of exp function to (...) improve the speed of radial basis function algorithm, and then by analyzing the judgment conditions in the main loop during the algorithm process, these judgment conditions are modified conditionally to reduce the calculation scale, which can double the speed of the algorithm. Finally, this article verifies the function, performance, and interface of the computer distance education system. (shrink)

The underrepresentation of females on corporate boards is an important ethical issue that raises serious concerns about gender equality in senior management teams. Relying on a large sample of public firms from the Chinese market, we examine how social trust affects female board representation. We find that female board representation has a positive and significant relation with social trust. The effect is more pronounced in regions with a higher male-to-female sex ratio at birth, lower levels of education, lower GDP per (...) capita, and in nonfamily firms. We also find that higher social trust is more likely to increase the number of non-independent female directors rather than independent ones. Further analyses show that increased female board representation is an important channel through which social trust improves corporate ESG ratings. Overall, our study suggests that social trust contributes positively to gender diversity in corporate management. (shrink)

Electroencephalography and functional near-infrared spectroscopy have potentially complementary characteristics that reflect the electrical and hemodynamic characteristics of neural responses, so EEG-fNIRS-based hybrid brain-computer interface is the research hotspots in recent years. However, current studies lack a comprehensive systematic approach to properly fuse EEG and fNIRS data and exploit their complementary potential, which is critical for improving BCI performance. To address this issue, this study proposes a novel multimodal fusion framework based on multi-level progressive learning with multi-domain features. The framework consists (...) of a multi-domain feature extraction process for EEG and fNIRS, a feature selection process based on atomic search optimization, and a multi-domain feature fusion process based on multi-level progressive machine learning. The proposed method was validated on EEG-fNIRS-based motor imagery and mental arithmetic tasks involving 29 subjects, and the experimental results show that multi-domain features provide better classification performance than single-domain features, and multi-modality provides better classification performance than single-modality. Furthermore, the experimental results and comparison with other methods demonstrated the effectiveness and superiority of the proposed method in EEG and fNIRS information fusion, it can achieve an average classification accuracy of 96.74% in the MI task and 98.42% in the MA task. Our proposed method may provide a general framework for future fusion processing of multimodal brain signals based on EEG-fNIRS. (shrink)

This paper provides an ethical analysis of the controversy that arose from the CRISPR/Cas9 gene editing research involving human embryos that was conducted by a research team in Guangzhou, China, in 2015. It is argued that the researchers involved did not overstep ethical boundaries. This was confirmed to be the case in an international meeting of experts that was convened following the controversy. It is further argued that the controversy highlights the tension between two fundamentally different policies on developing genome (...) editing technology – one proactionary and the other precautionary. This paper argues for a third approach, based on the policy of “crossing the river by probing stones”. Such an approach is consistent with current international recommendations to prioritise basic and pre-clinical research, and to allow the application of genome editing technology to somatic human cells. However, the application of the technology in germline genetic modification for human reproduction or enhancement for medical purposes should not be allowed at present. This is because the attending risks are not well understood and could be excessive or extraordinary, with little or no prospect of benefit. In addition, this paper calls for norms and regulations to be developed for genetically modifying non-human living things. [End Page 307] Finally, the paper concludes with a letter that was sent by the author to the New York Times, setting out China’s fundamental stance on genetic modification involving humans and human derivatives. (shrink)