On the “Reasonable” Handling of Personal Information Disclosed According to the Law

The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.

Autism spectrum disorder and personality disorders: Comorbidity and differential diagnosis

BACKGROUND Differential diagnosis,comorbidities and overlaps with other psychiatric disorders are common among adults with autism spectrum disorder(ASD),but clinical assessments often omit screening for personality disorders(PD),which are especially common in individuals with high-functioning ASD where there is less need for support.AIM To summarize the research findings on PD in adults with ASD and without intellectual disability,focusing on comorbidity and differential diagnosis.METHODS PubMed searches were performed using the key words“Asperger’s Syndrome”,“Autism”,“Personality”,“Personality disorder”and“comorbidity”in order to identify relevant articles published in English.Grey literature was identified through searching Google Scholar.The literature reviews and reference sections of selected papers were also examined for additional potential studies.The search was restricted to studies published up to April 2020.This review is based on the Preferred Reporting Items for Systematic Reviews and Meta-Analyses method.RESULTS The search found 22 studies carried out on ASD adults without intellectual disability that met the inclusion criteria:16 evaluated personality profiles or PD in ASD(comorbidity),five compared ASD and PD(differential diagnosis)and one performed both tasks.There were significant differences in the methodological Cluster A and cluster C PD are the most frequent co-occurring PD,but overlapping features should be considered.Data on differential diagnosis were only found with cluster A and cluster B PD.CONCLUSION ASD in high-functioning adults is associated with a distinct personality profile even if variability exists.Further studies are needed to explore the complex relationship between ASD and PD.

Considerations Regarding the Legal Regime of Authorized Natural Persons,the Sole Proprietorship and Family Businesses in Romania

The present study will examine the legal regime of authorized natural persons,individual enterprises,and family businesses as regulated in Romania.Such an analysis aims at presenting a panoramic view of the legal framework in a representative country in Eastern Europe.Business activities can be carried out individually by individuals as well as large corporations,firms,and companies that have the status of legal persons.The business carried out by individuals,mainly in terms of the quality of an authorized natural person,is particularly important because it contributes to the development of the middle class within society and to giving professional and financial independence to different categories of professionals.The main aspects related to the qualification of specific notions in the field,the administrative steps for acquiring the status of an authorized natural person,individual enterprise and family enterprise,and their legal regime will be found in the article.

Explanation of Academic Achievement Based on Personality Characteristics Psycho-Social Climate of the Classroom and Students’ Academic Engagement in Mathematics

This research explains academic achievement based on the personality characteristics, the psycho-social climate of the classroom in terms of academic engagement in mathematics. The population was high schoolboys and girls in Damghan city in Iran. Participants were randomly selected using a multi-stage cluster method (513 boys and girls) and they simultaneously completed three questionnaires: academic engagement, the psycho-social climate of the classroom and personality characteristics. Path analysis was used to analyze data. The results showed that the direct effects of personality characteristics and psycho-social climate of the classroom on academic achievement were not significant. The direct effects of openness, conscientiousness and psycho-social climate of classroom on academic engagement were significant. The indirect effects (with mediation of academic engagement) and overall effects of openness, conscientiousness and psycho-social climate of classroom on academic achievement were significant, also the effect of academic engagement on academic achievement was significant.

Inside and Outside Perspectives on the Relation of People’s Personal Values and Their Acceptance of Legal Norms

Based on a representative survey on crime prevention,this paper studies how personal values are related to persons’acceptance of legal norms(LNA).We here take a closer look at these relations than previous research.Offenses,in particular,are classified into different offense types,and the persons’ratings are studied both as observed and as individually centered data.It is found that conservation-oriented persons give higher and less differentiated badness ratings to all offenses than persons striving for hedonism and stimulation.The correlational structure of basic personal values and norm acceptance ratings for 14 different offenses,when represented via multidimensional scaling,exhibits that conservation orientation becomes a better predictor of LNA of all offense types if it is augmented by an additional value,peace of mind.When looking at centered ratings(i.e.,controlling for each person’s mean ratings),social values become the best predictors of offenses such as tax evasion,benefits fraud,or taking bribes.Statements on the impact of personal values on general norm acceptance should,therefore,be replaced with more differentiated relations on how particular values are related to people’s attitudes towards particular offenses.

Transborder Personal Security of Chinese Nationals and Its Legal Safeguard

Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try, there will always be a measure of legal safeguard for the person＇s interests and personal security, ff the person has his or her rights infringed upon when the person is outside the country, there will be more than one province of judicial jurisdiction over the case, and the subsequent legal remedies for the person, if any, in most cases will not be so timely and easily available as provided under the domestic laws of the person＇s own country.

Analysis of the Positive Personalities of Scarlett in Gone with the Wind

Gone with the Wind,the masterpiece of the Margaret,M who has spent about ten years on writing this novel and it takes over half a year of her to verify the specific time and place of the involved historical event.Once the masterpiece is published on June 30,1936,it soon broke several records in sales of American publishing;later,it won the prize of Pulitzer and Association of American publishers.While the leading lady of this novel,Scarlett,become an object of admiration among thousands of people.What attract the readerséyes deeply is her unique origin,outstanding features and noble actions.In the meantime,the charming personality of Margaret's Scarlett has conquered us.She is strong to the difficulties;she is persistent to her love;and she is witty to her family.She is the strongest among the people who has endured the hardship as her no matter she has suffered from the war,the poor and leaving her family.What makes her be responsible to the Taylor Manor is her braveness.At the end of the story,she still tells us:tomorrow is another day! We admire her positive attitude to life,and this is why the female character can be everlasting.

ZTE's ZXPCS10.0 Personal Wireless Communication System

As we know, the future generation com-munication system is on the way to bedigitalized, integrated, broadband, intel-ligent, standardized and customized, andthe personal wireless communication systemmeets the demands.ZTE’s personal wireless communicationsystem (ZXPCS) is based on the personalhandset system (PHS) and deployed in morethan 110 cities in China. It is working well andwidely accepted by the carriers, which makesgreat contributions to the local economy and

The Personal Information Protection Act comes into force soon Corporate Data Security Market Is Expected to Stay Solid

On August 20,the 30th meeting of the Standing Committee of the 13th National People’s Congress passed the Personal Information Protection Law of the People’s Republic of China (the law),which will come into force on November1,2021.Following the Cyber Security Law in 2016 and the Data Security Law in June2021,the Personal Information Protection Law further clarifies the principles for the collection and disposal of personal information,marking the establishment of a comprehensive legal safeguard system for information security in China.

Changes in Chinese People's Personal Incomes

Thegeneralsituationofpersonalincomesfrom1956to1978Itisnecessarytohaveknowledgeofthesituationofpersonalincomesfrom1956to1978beforewemakeasurveyofthepeople'sincomesatpresent.In1978Chinabeganintroducingthepolicyofreformandopeningtotheoutsideworld,thusus...

What Is the Personal Experience of IBD Patients about Their Anti-TNF-Alpha Therapy?

AIM: To evaluate and compare the patients opinion on the two types of anti- TNF-α therapies in a Hungarian cohort of IBD patients. METHODS: This was a prospective, multicentre, questionnaire-based observational study carried out in three Hungarian tertiary centres. From April to September 2014, an anonymous questionnaire was distributed to patients diagnosed with ulcerative colitis (UC) or Crohn’s disease (CD), who have received infliximab (IFX) and/or adalimumab (ADA). The survey focused on the preferences of the two anti-TNF-α therapies on the basis of the efficacy, the administration routes and the side effects. RESULTS: 292 IBD patients, 216 CD, 75 UC and 1 indeterminate colitis patient completed the questionnaire. The mean duration of biological therapy was 1.7 (1 - 7) years. IFX treated patients noticed improvement of symptoms at 4 - 5 weeks while ADA treated patients noticed at 5 - 6 weeks. There was no difference between the patients’ satisfaction regarding the types of anti-TNF-α therapy if they received both. However, subcutaneous administration was preferred by ADA-treated patients previously receiving IFX (p = 0.007) compared to intravenous route and they did not intend to change the mode of therapy (p = 0.040). 90% of the patients, receiving only IFX or ADA were satisfied with their present therapy. The majority of patients (186/292, 63.7%) would not switch therapy. 63 of 291, 22% of the patients reported to have some concern with biological therapy—the majority (32/63, 50.8%) due to fear from side effects. CONCLUSION: Generally, patients preferred and would not change the present anti-TNF-α therapy, however, subcutaneous administration was preferred among those patients who had have experience with both.

A Comparative Study on Obama's Speeches from the Perspective of Interpersonal Function

This paper attempts to conduct a comparative study on Obama’s two speeches—his second inaugural address and his commencement speech in The Ohio State University in 2013 based on Halliday’s theory of Interpersonal Function.The author finds that mood,modality and personal pronouns are the major language means used to realize the interpersonal function;in his two speeches,Obama makes different choices of those resources,and different choices indicate different attitudes and intentions.

The Public Law Construction of Government Agencies’Obligations to Disclose When Handling Personal Information in the Digital Age

The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.

Achievements in Safeguarding Disabled People's Rights——An Interview with Shen Zhifei,deputy general director of the China Disabled Persons' Federation

There are about 83 million disabled people in China, accounting for 6.34% of the total population, according to a national survey in 2006. As a disadvantaged group, the rights and interests of the disabled are arousing more concerns from all walks of society in the country. Following is Human Rights＇ interview with Shen Zhifei, deputy general director of the China Disabled Persons＇ Federation, on the legal guarantee of the special group＇s rights and interests, their rehabilitation, education and employment.

Research on the Legality of Information Utilization in Epidemic Prevention and Control

Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals.

个性化推荐算法的法律风险规制

信息爆发增长催生了个性化推荐算法技术的兴起。个性化推荐算法在解决信息过载和长尾问题、满足用户个性化需求、提高互联网信息服务效率的同时,也引发了用户意思自治受限、隐私泄露、信息茧房、算法歧视等诸多法律风险,亟需法律作出必要的回应。为此,应当在诚信原则、自主原则、公正原则、比例原则的指导下,树立开放的隐私保护观,强化算法告知义务与用户拒绝权利,完善算法解释权,构建算法审计制度,以降低个性化推荐算法所带来的法律风险。

ChatGPT的法律人格认定与生成内容性质探讨

随着ChatGPT的广泛运用,关于人工智能的法律问题探讨再次成为舆论焦点。根据ChatGPT系统与人类互动生成相应文字内容的特性,ChatGPT生成内容是否受《著作权法》保护问题备受争议。探讨该问题,有两个不可或缺的前提要件,即ChatGPT是否具有法律人格及其生成内容能否被认定为作品,以此确定其是否应受《著作权法》保护。文本认为,ChatGPT尚不具备法律主体资格,在ChatGPT生成内容被认定为作品对其进行保护时,应明确ChatGPT使用者作为生成内容的著作权主体,通过加强对ChatGPT著作权主体的监管实现对其生成内容的规制,以此加快推进人工智能法治化进程。

论公司外部表示行为的法律逻辑

公司法以调整公司的设立、运营和解散为主要目的,其规范构造也主要采用内部生效规则,与合同法等交易法主要关注外部合同如何成立、生效有明显不同。这种公司法与合同法分野的逻辑,虽有利于区分不同部门法律规范的调整任务及分工,却忽视了交易实践的复杂性,以及公司内部治理干预特定交易之成立对于维持公司法人格的重要性。公司法依托合同工具而成立,对于公司这一拟制主体,仍需解决基于董事或经理等自然人之代理行为而成立的交易如何归属于公司的问题。公司法首先建立了代理行为的“合法原则”与“职务原则”。同时,区分常规交易与特定交易,前者仅需董事、经理或雇员等自然人的个人行为即可成立,后者尚需取得公司内部机构的审议或同意即私法上的批准行为方可成立。因此,公司交易可能是由一元性的表示行为构成,也可能是由二元性或多元性的表示行为构成。公司股东会或董事会等内部治理机构的批准行为,不仅具有形成公司内部意思的效果,还具有决定外部交易是否成立生效的表示行为的力量。合同行为造就了公司,公司也不应完全游离在合同效力之外。唯此,才能形成控制公司代理人行为的有效机制。

语义密构解析:农民集体所有与本集体成员集体所有

民法典第261条第1款规定:“农民集体所有的不动产和动产,属于本集体成员集体所有”。其条文中有三个“集体”和两个“所有”,但其同一词语并非表达同一概念。在该条立法假定部分,表达集体所有制客观存在的事实状态,其中“集体”“所有”为政治经济学概念;在立法处理部分,表达设定集体所有权的法律状态,其中“集体”“所有”为法学概念。我国宪法和民法典通过在特定规范中语境设置转换,实现“集体”“所有”的语义设定由政治经济学范畴迁移至法学范畴。对“集体”“所有”的语义自设不同,反映词语所指的概念界定不同,进而反映法律叙事者的观察视野与观念表达不同,这是农村集体经济法治领域许多学术观点争议与立法方案竞争得以发生的底层原因。依民法典第261条第1款之本旨,民法典中的“农民集体”是政治经济学概念,反映物质性的经济关系;“农村集体经济组织”是法学概念,反映观念性的法律关系。农民集体是农村集体经济组织的经济本质,农村集体经济组织是农民集体的法律形式,两者之间是异质同体的社会存在。

法人实施有效民事法律行为的界限研究

当前我国民法体系中对法人实施民事法律行为的效力边界未有明确规定,这主要是法人的民事权利能力和民事行为能力范围不清晰导致的。从我国民法体系法人制度的历史演变轨迹来看,国家对法人民事权利能力和民事行为能力规范的界限已发生了较大变化。通过解释目前相关法律条文的文义以及类推适用这种“法律漏洞”补充方式,可以看出:法人的民事权利能力不受其经营范围、业务范围或章程规定、设立目的宗旨或任务规定的限制,与自然人相同,其有资格在所有民事法律行为中享有民事权利和承担民事义务;但这并不意味着其拥有以自己的行为去取得所有民事活动中的民事权利、履行民事义务的民事行为能力。除了在前述规定范围内实施的符合法律规定的民事法律行为有效外,在前述规定范围外实施的民事法律行为要根据法人的不同类型及其是否获得政府许可或法律授权等因素来确定该民事法律行为的效力。