The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen...The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.展开更多
In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have b...In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.展开更多
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
Medical artificial intelligence (AI) in China is now on the eve of a massive surge. Despite great promise from this emerging field, there remain formidable pitfalls and obstacles, especially the challenges to current ...Medical artificial intelligence (AI) in China is now on the eve of a massive surge. Despite great promise from this emerging field, there remain formidable pitfalls and obstacles, especially the challenges to current legal rules. We review the development of legal rules concerning medical AI in China, discuss risks of liability of commercial organizations and health care providers and whether current rules should be amended, and if so, what are the key issues to be addressed. Finally, we close by sketching possible ways forward for the legal and regulatory system.展开更多
Today,the rapid development of electronic commerce(E-commerce)has added a new driving force for China’s economic development.However,all kinds of legal problems have followed,such as uncontrolled production and sale ...Today,the rapid development of electronic commerce(E-commerce)has added a new driving force for China’s economic development.However,all kinds of legal problems have followed,such as uncontrolled production and sale of fake goods,frequent malicious complaints,endless unfair competition,and illegal infringement,which have harmed the legitimate interests of consumers and seriously damaged the market order and fair competition.In order to provide some theoretical and realistic reference for the development of China’s E-commerce industry,this paper focuses on the relevant problems in the field of“infringement”of E-commerce platforms for in-depth thinking,and puts forward suggestions for solving the existing problems based on the development status of E-commerce platforms.展开更多
Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,com...Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,compulsory insurance and rescue funds.Methods Through case analysis and comparative research,the situation of liability sharing and relief of mass tort of vaccines was analyzed.Results and Conclusion At present,China should construct a multi-relief model of vaccine damage from the aspects of tort liability and social relief.In addition,after the construction of the relief system,it is necessary to distinguish between emergency situations and general situations to apply the priority of tort compensation and social relief systems in the specific implementation process.展开更多
As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s Genera...As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.展开更多
EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The ...EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The move has aroused extensive attention. On this, our staff reporter interviewed Deputy Chief Procurator Wang Zhenchuan, who is in charge of the campaign against human rights violations.展开更多
The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model syst...The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.展开更多
基金the“Application of the Dynamic System Theory in the Determination of Infringement Liability for Immaterial Personality Rights in the Civil Code”(Project Approval Number 2022MFXH006)a project of the young scholar research program of the Civil Law Society of CLS in 2022。
文摘The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.
文摘In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
基金山东省社会科学规划研究项目"山东省自主创新体系建设中的知识产权法律保障机制研究"(批准号12CFJ04)的研究成果山东师范大学优秀青年骨干教师国际合作培养计划(英文名称为:Excellent Young Scholars Research Fund of Shandong Normal University)经费资助
文摘Medical artificial intelligence (AI) in China is now on the eve of a massive surge. Despite great promise from this emerging field, there remain formidable pitfalls and obstacles, especially the challenges to current legal rules. We review the development of legal rules concerning medical AI in China, discuss risks of liability of commercial organizations and health care providers and whether current rules should be amended, and if so, what are the key issues to be addressed. Finally, we close by sketching possible ways forward for the legal and regulatory system.
基金funded by the Annual Project of National Social Science Foundation of China“Research on the Fundamental Theory of Intellectual Property Law Under the System of Socialist Civil Law With Chinese Characteristics in the New Era(Project Approval No.18BFX162)”.
文摘Today,the rapid development of electronic commerce(E-commerce)has added a new driving force for China’s economic development.However,all kinds of legal problems have followed,such as uncontrolled production and sale of fake goods,frequent malicious complaints,endless unfair competition,and illegal infringement,which have harmed the legitimate interests of consumers and seriously damaged the market order and fair competition.In order to provide some theoretical and realistic reference for the development of China’s E-commerce industry,this paper focuses on the relevant problems in the field of“infringement”of E-commerce platforms for in-depth thinking,and puts forward suggestions for solving the existing problems based on the development status of E-commerce platforms.
文摘Objective To solve the problem of the incomplete relief model for vaccine damage events in China,multiple models for large-scale vaccine damage events were established based on the cooperation of product liability,compulsory insurance and rescue funds.Methods Through case analysis and comparative research,the situation of liability sharing and relief of mass tort of vaccines was analyzed.Results and Conclusion At present,China should construct a multi-relief model of vaccine damage from the aspects of tort liability and social relief.In addition,after the construction of the relief system,it is necessary to distinguish between emergency situations and general situations to apply the priority of tort compensation and social relief systems in the specific implementation process.
文摘As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.
文摘EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The move has aroused extensive attention. On this, our staff reporter interviewed Deputy Chief Procurator Wang Zhenchuan, who is in charge of the campaign against human rights violations.
文摘The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.
