Abstracts and KeyWords of Major Articles

Study on the Administrative Regulation and Intellectual Property Function Balance of the Drug Data Protection System in China

YU Xiang,LI Na

（NIT,Zhejiang University,Ningbo Zhejiang,315100;Law School,Ningbo University,Ningbo,Zhejiang 315100）

The Establishment and Perfection of the Legal System in China’s Housing Endowment

GUO Li-hong1,PANG Mei-qiu2

（1.Guangdong University of Technology,Guangzhou,Guangdong 510632;2.Jinan University,Guangzhou,Guangdong 510632）

Guanxitong and the Belief in Martial Tian,the God of Chaozhou Opera ---Refuting the Theory of Guanxitong as the Origin of Chaozhou Opera

CHEN Zhi-yong

（Intangible Cultural Heritage Research Center,Sun Yat-sen University,Gangzhou,Guangdong 510275）

On the Source of Ancient Literature in Chaozhou ---A Study of Chen Yuanguang’s Identity and Poetry

WENG Xiao-man

（Research Center ofLingnan Culture,School ofChinese Language and Literature,South China Normal University,Guangzhou,Guangdong510006）

Fang Yao’s Administrative and Military Achievements

YAN Shi-chao

（School of Liberal Arts,Shantou University,Shantou,Guangdong 515063）

Fang Yao and Education in Chaoshan,1868-1891

LAI Ze-bing

（School of Chinese Language and Literature,Jinan University,Guangzhou,Guangdong 510632）

Russian Eastern Orthodox Iconology and Modernity ---and a Concurrent Discussion of the Modernity Reflection in Dostoevsky’s Iconology

YU Hang

（Department of Chinese Language and Literature,Nanjing University,Nanjing,Jiangsu 210093）

A Review of Japanese Nuclear Literature Studies

LIU Xia

（School of Foreign Languages,Hubei University,Wuhan,Hubei 430062）

On the Improvement of the Arbitration Challenge System in China

LI Guang-hui1,LIU Lu1,XIANG Min-jian2

（1 Law School,Shantou University,Shantou,Guangdong 515063；2 Guangzhou Huaxia Bank,Guangzhou,Guangdong 515063）

A New Perspective on“Arbitration before Trial”in the Labor Dispute Settlement

HONG Wen-hui

（Law School,South China University of Technology,Guangzhou,Guangdong 510006）

Research on the Interim Measures in the Arbitration System of China ---Centered on the Civil Procedure Law of 2013

LIU Yu,WANG Ying,TIAN Guang

（Business School,Shantou University,Shantou,Guangdong 515063）

The Evolution Mechanism of Manufacture in Early China

DING Jie

（ArtSchool,SuzhouUniversity,Suzhou,Jiangsu215123;SchoolofLiterature,Art&MediaAnhuiUniversityofFinance&Economics,Bengbu,233030）

s and Key Words of Major Articles

Study on the Administrative Regulation and Intellectual Property Function Balance of the Drug Data Protection System in China

YU Xiang,LI Na

（NIT,Zhejiang University,Ningbo Zhejiang,315100;Law School,Ningbo University,Ningbo,Zhejiang 315100）

Abstract:Drug data protection system came out not long ago.The European and American countries take the lead in advocating drug data as an intellectual propertyright and TRIPSagreement cover the provisions for drugdata protection,which significantlyinfluences Chinese drugdata protection legislation.In the actual implementation,due to the large quantity of generic drug registration applications in China,the regulatory agencies pursue thegenericdrugapprovalpolicywithaprioritytodrugsafetyand strictrequirementsfor thedrugtrialdataofthegenericdrugs,thereforenotconductive to the utilization of the existing drug data and to the quick listing of generic drugs.In future China need pay attention to the intellectual property rights of the drug data,guarantee the interest of the original drug manufacturers,accelerate the listing of generic drugs,and highlight restrictions on the commercial use of drug data which can avoid unfair competitions between drug manufacturers,while the government may use the drug data to carry out drug registration approval.With the implementation of TRIPS plus intellectual property rights protection standards in the bilateral FTA dominated by developed countries,China needs to choose the drug intellectual property rights protection objectives including drug data and to maintain a balance between the interests of the pharmaceutical industry and the pressure of international intellectual property rights protection.

drug,trial data,intellectual property rights,administrative intervention

The Establishment and Perfection of the Legal System in China’s Housing Endowment

GUO Li-hong1,PANG Mei-qiu2

（1.Guangdong University of Technology,Guangzhou,Guangdong 510632;2.Jinan University,Guangzhou,Guangdong 510632）

Abstract:As an effective means to relieve the pressure of endowment on government,society and family,housing endowment has attracted attention from the elderly population,government,banks and other relevant institutions.However,currently the implementation of housing endowment in our country is still confronted with many problems including some legal ones.Therefore,for the successful implementation of housing endowment in China,firstlywe should learn fromthe experience of both China and Western countries,and analyze its applicabilityas well as its restrictingelements; and according to the legal nature of housing endowment,we should explore the pattern adapting to our current laws and the system environment needed in this pattern;finally,we should provide solutions for the obstacles and difficulties in its operation.

Key words:housing endowment,reverse mortgage,mortgage,study of legal issues

Guanxitong and the Belief in Martial Tian,the God of Chaozhou Opera ---Refuting the Theory of Guanxitong as the Origin of Chaozhou Opera

CHEN Zhi-yong

（Intangible Cultural Heritage Research Center,Sun Yat-sen University,Gangzhou,Guangdong 510275）

Abstract:Guangxitong is a magical ritual of Chaozhou with some entertainment features,in which Martial Tian,the God of Chaozhou opera descends and possesses children players to sing,dance or perform a drama.Xiao Yaotian regards Guanxitong as the originator of Chaozhou opera in his Records of Chaozhou Opera and Music,ad Wu Zhen holds Guanxitong as the beginning of the underage player system of Chaozhou opera in his On the Origin of Chaozhou Opera’s Underage Player System.However,research shows Martial Tian and his performance do not necessarily advance children’s performance to Chaozhou opera.Despite of this,study of the relation between Guanxitong and Chaozhou opera can function as a good case study of the route from magical ritual to dramatic performance.

Key words:Guanxitong,magical ritual,ceremonial drama,Chaozhou opera,Martial Tian

On the Source of Ancient Literature in Chaozhou ---A Study of Chen Yuanguang’s Identity and Poetry

WENG Xiao-man

（Research Center ofLingnan Culture,School ofChinese Language and Literature,South China Normal University,Guangzhou,Guangdong510006）

Abstract:There are no records about the pre-Tang literature of Chaozhou because of the shortage of historical materials.Chen Yuanguang’s works are the only remnants of Tang literature we can find today,and they are thought of as the source of ancient literature in Chaozhou.However,Chen Yuanguang’s Teochew identity is not universally confirmed by scholars.By tracing Chen’s native place and life trajectory,and re-examining his poetic works,this paper holds that Chen’s identity as a Teochew is not deniable,as is evidenced by his poetic creation and his life experience, therefore his poetry should be accepted as the source of Chaozhou ancient literature.

Key words:Chen Yuanguang,poetry,Chaozhou ancient literature,source,Teochew identity

Fang Yao’s Administrative and Military Achievements

YAN Shi-chao

（School of Liberal Arts,Shantou University,Shantou,Guangdong 515063）

Abstract:FangYaowas a national herowith many political and military achievements in modern China.He built batteries,guarded territorial waters, promoted education and set up charitable institutions on one hand,and fought against local evil forces and suppressed the remnants of Taiping Army on the other.Fang Yao made outstanding contributions to the resistance against foreign invasions,cultural construction,economic development and social progress in Chaoshan area.His building of the Deanli is documented in the historical archives.Evaluation of Fang Yao must abandon the leftist thinking and rely on historical facts so as to restore him to a lofty historical position.

Key words:Fang Yao,suppressed the remnants of Taiping Army,eliminated evil forces,built the Deanli,research method

Fang Yao and Education in Chaoshan,1868-1891

LAI Ze-bing

（School of Chinese Language and Literature,Jinan University,Guangzhou,Guangdong 510632）

Abstract:Chaoshan society was chaotic with gambling,fighting,kidnapping and robbing during the period from the 1830s to the 1850s,with culture and education decaying.In 1868,Fang Yao was appointed as General of Teochew to tackle the chaos of the district.From 1868 to 1891,Fang supported as many as 29 educational institutions directly or indirectly,more than what Chaoshan gentlemen did at the time.This paper collects local chronicles of Chaoshan,intellectuals’writings and official documents,and discusses Fang Yao’s contributions to the district’s education in the Late Qing Dynasty as well as the reason and influence of his enthusiasm.

Key words:Fang Yao,the education of Chaoshan area,the late Qing Dynasty

Russian Eastern Orthodox Iconology and Modernity ---and a Concurrent Discussion of the Modernity Reflection in Dostoevsky’s Iconology

YU Hang

（Department of Chinese Language and Literature,Nanjing University,Nanjing,Jiangsu 210093）

Abstract:Different from“the decline of God”in the Renaissance art of Western Europe corresponding to the“discovery of man”,the Russian icon painting always abides by the Byzantium tradition and accounts for an important position in the Orthodox Christianity.Therefore in both artistic creation and aesthetic appreciation,Russian Eastern Orthodox iconology is different from western European religious paintings which underwent some changes duringthe Renaissance.The Reformof Peter the Great launched Russia’s modern transformation,which is unique without experiencing the Renaissance and Reformation of the western world.Russian writers have multi-dimensional reflections on modernity through observing Western Europe as the“other”.Dostoevsky’s iconology represents changes of saint images which express the confusion,beliefs and pains of the Russian in their experience of modernity,and it also ponders how man can find meaning in a modern world deprived of divinity.

Key words:Russian icon,modernity,Dostoevsky,iconology

A Review of Japanese Nuclear Literature Studies

LIU Xia

（School of Foreign Languages,Hubei University,Wuhan,Hubei 430062）

Abstract:This paper defines the concept of Japanese nuclear literature,chronologically studies its background,and investigates its connotations and implications.Generally the studies on the Japanese nuclear literature have made some achievements,but there are still problems.Especially, researchinChinalagsbehind,which arescarcein quantityand merelyintroductoryin quality.Asapieceof“virgin land”ithasyettobeexcavated.In the global nuclear era,studies on Japanese nuclear literature reveal not onlythe essence and meaningofliterature,but alsoimmense practical significance.

Key words:Japanese Nuclear Literature,Atomic Bomb Literature,Nuclear Power Generation Literature,review

On the Improvement of the Arbitration Challenge System in China

LI Guang-hui1,LIU Lu1,XIANG Min-jian2

（1 Law School,Shantou University,Shantou,Guangdong 515063；2 Guangzhou Huaxia Bank,Guangzhou,Guangdong 515063）

Abstract:Arbitration has become a very important way in the resolution of commercial disputes,and it is essential to ensure a neutral arbitration tribunal.The arbitration challenge system is one of the most basic legal systems to guarantee the impartiality and independence of the arbitrator and to ensure the fairness and justice for the litigants’rights and interests.Since the implementation of the Arbitration Law of the PRC in 1995,the provisionsonarbitration challengesystemhavenotbeen amended,with itsfivearbitration clauseshardlymeetingtherequirementsofsocialand economic development.So it is time to improve the challenge system of the Arbitration Law in terms of challenge reasons,challenge procedures,objects of challenges,disclosure of arbitrator’s personal information and the liability supervision,etc.

Key words:arbitration,challenge system,arbitrator,legislative defect

A New Perspective on“Arbitration before Trial”in the Labor Dispute Settlement

HONG Wen-hui

（Law School,South China University of Technology,Guangzhou,Guangdong 510006）

Abstract:Although scholars advocate the abolition of the“arbitration before trial”system,the idea of its legislation is worthy of our support and affirmation.It fails to achieve the desired objectives because its institutional structure can no longer meet the demands of labor dispute settlement. Therefore the system should continue,and we should perfect arbitration and litigation system by improving the arbitration quality and limiting the litigation initialization,exactly speaking,by substantializing labor arbitration organizations,promoting arbitrators’professional quality,protecting the autonomy of the parties’will,improving supervision mechanism,clarifying the position of the trial,and reconstructing the linking mechanism between arbitrations and trials.

Key words:labour dispute,arbitration preposition,one arbitration and two trials,arbitration system,link between arbitration and trial

Research on the Interim Measures in the Arbitration System of China ---Centered on the Civil Procedure Law of 2013

LIU Yu,WANG Ying,TIAN Guang

（Business School,Shantou University,Shantou,Guangdong 515063）

Abstract:China has increased its trade with the rest of the world after joining international trade organizations,and business disputes increases simultaneously.This paper expounds concepts like interim measures in arbitration,reviews the trend of research both at home and abroad.And by analyzing Chinese Arbitration Law,Arbitration Rules and provisions in the Civil Procedure Lawamended in 2013,it indicates that currently Chinese arbitration courts,includingcommercial arbitration and maritime arbitration court,have noright toissue interimmeasures,and the safeguard measures in the Civil Procedural Law are confronted with many problems in filing and enforcement.Thus it reveals the problems in the interim measures of Chinese laws and regulations,and suggests that China need modify its arbitration laws and regulations to improve the credibility of its arbitration system,so that China’s applications for safeguard measures will not be regionally restricted.

Key words:arbitration system,interim measures,litigants,safeguard measures,Civil Procedure Law,international trade.

The Evolution Mechanism of Manufacture in Early China

DING Jie

（ArtSchool,SuzhouUniversity,Suzhou,Jiangsu215123;SchoolofLiterature,Art&MediaAnhuiUniversityofFinance&Economics,Bengbu,233030）

Abstract:The evolution ofmanufacture in earlyChina displays multidimensional features because ofits complicated and unformulated orbit.Traditional linear thinking classifying implements according to their external features such as modeling,function and pattern can hardly avoid overgeneralization and fails toclarify the inheritance relationship in the evolution.In order to avoid such negligence and reviewthe lawof evolution comprehensively and objectively,we should studyits internal mechanismwith cohesion,alternation and inheritance in various aspects includingenvironment,consciousness, technology,culture and economy.

Key words:early China,manufacture,evolution,mechanism