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The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement
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作者 莫杨燊 NI Weis 《The Journal of Human Rights》 2024年第1期143-172,共30页
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
关键词 personal information digital human rights dynamic system theory constitutive elements of torts LIABILITY
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Legal Protection of the Right of Informed Consent of the Subjects of Human Clinical Trials in China
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作者 孟祥菡 SHFN Jinjun 《The Journal of Human Rights》 2022年第1期177-196,共20页
The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedi... The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedical research. In recent years, the legal protection of the right to informed consent for research subjects has been gradually improved in China. The right to informed consent for research subjects has been improved from an ethical norm to a legal norm. The legal status of legal norms has also been gradually improved. Based on the public law regulations, private law relief has been added to the legal relief system for the infringement of the right to informed consent for research subjects. As a result, the protection of rights has been enhanced. The domestic informed consent protection system is partially in line with international norms. The protection of the right to informed consent depends on the perfection of the legal system and the social consensus to respect human rights and the right to self-determination. 展开更多
关键词 subjects right to informed consent obligation to inform human clinical trials
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The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”
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作者 龚珊珊 严小翔 SHEN Jinjun(译) 《The Journal of Human Rights》 2023年第5期1115-1133,共19页
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu... There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies. 展开更多
关键词 anti-circumvention clause intellectual property rights public information freedom balance of interests human rights
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Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example
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作者 马康凤 XU Chao(Translated) 《The Journal of Human Rights》 2023年第6期1224-1250,共27页
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 de... 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. 展开更多
关键词 basic rights data-based power protection of per-sonal information direct effect
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Legal protection of the rights of clinical trial subjects in China
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作者 Yuanpeng Ren Xinrui Jin +1 位作者 Shan Jiang Baisheng Jiang 《The Journal of Biomedical Research》 CAS CSCD 2018年第2期77-80,共4页
Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsi... Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsinki has been developed as "a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects' rights. In this context, China beefs up its legal protection of clinical trial subjects. 展开更多
关键词 Legal protection of the rights of clinical trial subjects in China
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Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation
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作者 李艺 SU Yilon 《The Journal of Human Rights》 2023年第2期328-346,共19页
Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t... Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests. 展开更多
关键词 right to personal credit information constitutional rights social and economic rights property rights
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On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision
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作者 吴昂 HU Liang 《The Journal of Human Rights》 2023年第2期307-327,共21页
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 environment... 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. 展开更多
关键词 right to environmental information environmental protection supervision public participation information disclosure
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Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities 被引量:1
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作者 蔡聪 LI Man(译) 《The Journal of Human Rights》 2018年第2期186-201,共16页
Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting informatio... Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future. 展开更多
关键词 Convention on the rights of Persons with Disabilities human rights information accessibility organizations for persons with disabilities
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Informed consent process: ethical and practical challenges in clinical trials regarding subject enrollment, protection, and informed consent in developing countries (India, Pakistan & Iran)
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作者 Andaleeb Fatima 《History & Philosophy of Medicine》 2021年第2期14-18,共5页
In this study,we are discussing the rationale behind informed consent in clinical trials in developing countries.It elaborates how informed consent has remained an ethical and practical issue.Poverty,endemic diseases,... In this study,we are discussing the rationale behind informed consent in clinical trials in developing countries.It elaborates how informed consent has remained an ethical and practical issue.Poverty,endemic diseases,and a lack of investment in healthcare systems influence the ease of conducting and selecting trials that can benefit the people of developing countries.Differences in cultural perspectives,religious beliefs,a lack of formal training for clinical staff,children,time zone difference,literacy,vulnerable population,and language barriers for subject enrollment,protection,and informed are also challenges.This report doesn’t only highlight the right the wrongs of the past or reiterate cases where clinical trials have hurt subjects in developing countries.The current study investigates the conditions of human research in developing countries to make them more ethically sound.The extends proposals to investigators,scientists,governments,sponsors,and other groups who are interested where appropriate. 展开更多
关键词 informed consent Developing countries ETHICAL Moral challenges subject’s enrollment
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Hermeneutic Thinking on the Subject of Human Rights: Four Perspectives
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作者 高礼杰 LI Rong 《The Journal of Human Rights》 2021年第2期333-345,共13页
from the view of human rights hermeneutics,the interpretation of the human rights subject can be understood as the philosophical foundation of human rights.as the rights of"ego"and"another",human r... from the view of human rights hermeneutics,the interpretation of the human rights subject can be understood as the philosophical foundation of human rights.as the rights of"ego"and"another",human rights will be rid of the supreme power of the"God"and"nation",while it dooms the dilemma of solipsism and hegemony.as the right of"the Other",human rights will correspond to the reality of political pluralism,however that theory appears to be too deconstructive and may lead to human rights nihilism.By accepting the continuity between individuality and community,a more feasible and non-exclusive approach is to adopt the idea of"Self"to better understand the nature of human rights,thus avoiding extreme human rights universality and relativism. 展开更多
关键词 subject of human rights EGO ANOTHER the other self
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2019年第4期548-548,共1页
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn. 展开更多
关键词 THE JOURNAL HUMAN rights informATION AUTHORS
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2019年第6期858-858,共1页
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn. 展开更多
关键词 THE JOURNAL HUMAN rights informATION AUTHORS
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2019年第5期719-719,共1页
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn. 展开更多
关键词 HUMAN rights informATION AUTHORS
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2019年第3期405-405,共1页
The Journal of Human rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications. 展开更多
关键词 HUMAN rights informATION AUTHORS
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2020年第1期150-150,共1页
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn. 展开更多
关键词 Human rights publishes AUTHORS informATION
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On China's Protection of Citizens' Right to Be Informed and Construction of Government Information Publicity System
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作者 ZHAO ZHENGQUN 《The Journal of Human Rights》 2011年第2期22-26,共5页
I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be inf... I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be informed and the construction of government information publicity system 展开更多
关键词 right to Be informed and Construction of Government information Publicity System On China’s Protection of Citizens BE
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2017年第5期519-519,共1页
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications: 展开更多
关键词 THE JOURNAL OF HUMAN rights information for Authors WWW
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THE JOURNAL OF HUMAN RIGHTS Information for Authors
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《The Journal of Human Rights》 2021年第2期356-356,共1页
The journal of human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s... The journal of human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn. 展开更多
关键词 THE JOURNAL OF HUMAN rights information for Authors
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Action Plan to Promote All-Round Progress in China's Human Rights Cause——An Interview with Wang Chen,director of the State Council Information Office
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作者 OUR STAFF REPORTER 《The Journal of Human Rights》 2009年第4期2-4,共3页
EDITOR'S NOTE: The National Human Rights Action Plan of China (2009-2010) has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here... EDITOR'S NOTE: The National Human Rights Action Plan of China (2009-2010) has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here is a transcript of an interview given to our reporters by Wang Chen, director of the Office, on the Action Plan, which we hope will help our readers gain a better understanding of China's human rights cause and its development. 展开更多
关键词 Action Plan to Promote All-Round Progress in China’s Human rights Cause An Interview with Wang Chen director of the State Council information Office CHEN WANG
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Enforcement of Regulations of the People's Republic of China on Disclosure of Government Information and Continual Development of a Group of Basic Human Rights
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作者 ZHAO ZHENGQUN 《The Journal of Human Rights》 2014年第2期30-34,共5页
Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth ann... Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force, 展开更多
关键词 Enforcement of Regulations of the People’s Republic of China on Disclosure of Government information and Continual Development of a Group of Basic Human rights
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