On the protection of the right of privacy of patients by the civil law

The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients＇ privacy, so as to build a more harmonious relationship between the doctors and the patients.

The Way to Optimize the Right to Personal Data Portability in Chinese Practice——Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

Achieving dynamic privacy measurement and protection based on reinforcement learning for mobile edge crowdsensing of IoT

With the maturity and development of 5G field,Mobile Edge CrowdSensing(MECS),as an intelligent data collection paradigm,provides a broad prospect for various applications in IoT.However,sensing users as data uploaders lack a balance between data benefits and privacy threats,leading to conservative data uploads and low revenue or excessive uploads and privacy breaches.To solve this problem,a Dynamic Privacy Measurement and Protection(DPMP)framework is proposed based on differential privacy and reinforcement learning.Firstly,a DPM model is designed to quantify the amount of data privacy,and a calculation method for personalized privacy threshold of different users is also designed.Furthermore,a Dynamic Private sensing data Selection(DPS)algorithm is proposed to help sensing users maximize data benefits within their privacy thresholds.Finally,theoretical analysis and ample experiment results show that DPMP framework is effective and efficient to achieve a balance between data benefits and sensing user privacy protection,in particular,the proposed DPMP framework has 63%and 23%higher training efficiency and data benefits,respectively,compared to the Monte Carlo algorithm.

The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era

In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.

Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights

On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.

The Intersection of Privacy by Design and Behavioral Economics: Nudging Users towards Privacy-Friendly Choices

This paper conducts a comprehensive review of existing research on Privacy by Design (PbD) and behavioral economics, explores the intersection of Privacy by Design (PbD) and behavioral economics, and how designers can leverage “nudges” to encourage users towards privacy-friendly choices. We analyze the limitations of rational choice in the context of privacy decision-making and identify key opportunities for integrating behavioral economics into PbD. We propose a user-centered design framework for integrating behavioral economics into PbD, which includes strategies for simplifying complex choices, making privacy visible, providing feedback and control, and testing and iterating. Our analysis highlights the need for a more nuanced understanding of user behavior and decision-making in the context of privacy, and demonstrates the potential of behavioral economics to inform the design of more effective PbD solutions.

Systematic and Theoretical Unfolding of Research on Xi Jinping’s Discourses on Respecting and Protecting Human Rights

Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights.

The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws

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.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept

The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.

On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision

As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.

The Core of the Chinese Democracy Is to Respect and Protect Human Rights——A Summary of the Academic Seminar on Chinese Democracy and Human Rights Protection

On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.

Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data

The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.

Changes and Adjustments:The Rule of Law Response to Medical Institution Data Compliance

Medical institution data compliance is an exogenous product of the digital society,serving as a crucial means to maintain and balance the relationship between data protection and data sharing,as well as individual interests and public interests.The implementation of the Healthy China Initiative greatly benefits from its practical significance.In practice,data from medical institutions takes varied forms,including personally identifiable data collected before diagnosis and treatment,clinical medical data generated during diagnosis and treatment,medical data collected in public health management,and potential medical data generated in daily life.In the new journey of comprehensively promoting the Chinese path to modernization,it is necessary to clarify the shift from an individual-oriented to a societal-oriented value system,highlighting the reinforcing role of the trust concept.Guided by the principle of minimizing data utilization,the focus is on the new developments and changes in medical institution data in the postpandemic era.This involves a series of measures such as fulfilling the obligation of notification and consent,specifying the scope of data collection and usage,strengthening the standardized use of relevant technical measures,and establishing a sound legal responsibility system for data compliance.Through these measures,a flexible and efficient medical institution data compliance system can be constructed.

On the Nature of Online Retrieval of Electronic Data

With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.

The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.

Secure Blockchain-Enabled Internet of Vehicles Scheme with Privacy Protection

The car-hailing platform based on Internet of Vehicles(IoV)tech-nology greatly facilitates passengers’daily car-hailing,enabling drivers to obtain orders more efficiently and obtain more significant benefits.However,to match the driver closest to the passenger,it is often necessary to process the location information of the passenger and driver,which poses a considerable threat to privacy disclosure to the passenger and driver.Targeting these issues,in this paper,by combining blockchain and Paillier homomorphic encryption algorithm,we design a secure blockchain-enabled IoV scheme with privacy protection for online car-hailing.In this scheme,firstly,we propose an encryp-tion scheme based on the lattice.Thus,the location information of passengers and drivers is encrypted in this system.Secondly,by introducing Paillier homomorphic encryption algorithm,the location matching of passengers and drivers is carried out in the ciphertext state to protect their location privacy.At last,blockchain technology is used to record the transactions in online car-hailing,which can provide a security guarantee for passengers and drivers.And we further analyze the security and performance of this scheme.Compared with other schemes,the experimental results show that the proposed scheme can protect the user’s location privacy and have a better performance.

The Rights Logic of Common Prosperity:Structure,Evolution,and Path to Implementation

The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.

Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example

The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.