The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

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.

An Interpretation of the Image of Mrs.Warren in Mrs.Warren’s Profession from the Perspective of Freud’s Personality Structure Theory

Mrs.Warren’s Profession is George Bernard Shaw’s representative work.It takes Mrs.Warren as a central figure and shows us the mental growth of women in the capitalist society.This article intends to analyze the process of Mrs.Warren’s psychological changes with Freud’s personality structure theory and explore Mrs.Warren’s psychological struggles.It is found that Mrs.Warren’s psychological changes can be divided into four stages.Through this analysis,it shows that Mrs.Warren’s personality structure is in a dynamic change.In all the stages,Mrs.Warren’s id is repressed,while her super-ego is in a weak position.At the same time,her ego can’t balance the relationship between the ego and super-ego.This unbalanced personality structure eventually leads to the tragedy of Mrs.Warren.

A Brief Analysis on Main Characters of Two Short Stories—“Hands” and “Adventure” in Winesburg,Ohio from Freud's Tripartite Personality Structure Theory

Sherwood Anderson's masterpiece Winesburg, Ohio is often considered to be the first real modern American novel."Hands"and"Adventure"are two representative stories of this novel. In this article, the author tries to do a brief analysis on the protagonists of the two stories by using the tripartite personality structure theory of Freud, aiming to get a deeper interpretation and the profound connotation of the stories.

The Process of Support by Nursing Professionals for Families Having a Member with Borderline Personality Disorder

The purpose of this study was to explore the process of family support provided by nurses to families with a borderline personality disorder (BPD) patient. Semi-structured interviews were conducted with 16 nurses who had provided care to BPD patients. Data obtained from the interviews were qualitatively analyzed using a modified grounded theory approach. As an overall core category of family support processes practiced by nurses for families with BPD patients, family support practiced without awareness that the nurses were supporting families was extracted. Through this process, nurses held perceptions that were premises for family support, which were formed through their individual nursing experiences and perspectives. Nurses also had diverse perceptions concerning the image of families. Through the integration of perceptions that were premises for family support and perceptions of an image of the family, nurses underwent a process of “determination and ambivalence about the need for family support.” Then, nurses provided “family support practice” when they acknowledged the need for family support. During the “family support practice,” nurses had difficulties in providing family support. When family support was not successfully provided, nurses provided “family support practice with seeking more effective ways through trial and error.” For cases in which nurses did not acknowledge the need for intervention, they intentionally chose “not to provide family support.” Furthermore, during the “family support practice,” nurses had contradictory perspectives of family support. Such family support processes ultimately led to an awareness of the same family support required for the future. Family support was provided with “family support practice” and “family support practice with seeking more effective ways through trial and error.” In some cases, however, the process ended in “not to provide family support intentionally.” Experiences and perspectives in providing family support are important factors in carrying out future family support. Developing the positive implications of these factors and reducing psychological strain on nurses may ensure smooth implementation of family support. Thus, nurses need to recognize that they are supporting the family, which is identified as a core category.

A Study of the Impact of Personality and Social Psychology on Mental Health

With the continuous development and progress of economy,people's living standard and culture level have been improved,but with it,there are also various kinds of life stress,study stress and work stress,which make people's mental health problems in life more andmore prominent,and how to improve students'mental health level is the main task of each education stage.The current psychology discipline system has been perfected,including personality psychology and social psychology,which are effectively applied in the actual mental health education or psychological guidance work,and are key disciplines to improve people's mental health.The theoretical system of personality and social psychology consists of three theories:the theory of planned behavior,the theory of explanatory levels,and the theory of self-determination,all of which have an irreplaceable influence on mental health.In this regard,this paper combines relevant literature and work experience to study in depth the influence of personality ansocial psychology on mental health.

Exploring the Path of Cultivating College Students’ Personal Morality in Ideological and Political Theory Courses

Based on the demand of social development for people with both ability and political integrity,it has been acknowledged that some college students have a problem,where their personal morality does not match their professional knowledge.In short,these students have rich and profound professional knowledge,but their personal morality is lacking.Therefore,the attention to such a problem is called for.This paper analyzes the path of cultivating college students’personal morality in ideological and political theory courses in the new era,combs and expounds the occurrence mechanism between college students’personal morality and ideological and political theory courses in the new era,improves the effectiveness of moral cultivation in ideological and political theory courses from four dimensions-teaching materials,teachers,teaching methods,and evaluation,as well as gives full play to the moral cultivation function of ideological and political theory courses in colleges and universities.

Game theory approach to optimal capital cost allocation in pollution control

This paper tries to integrate game theory, a very useful tool to resolve conflict phenomena, with optimal capital cost allocation issue in total emission control. First the necessity of allocating optimal capital costs fairly and reasonably among polluters in total emission control was analyzed. Then the possibility of applying game theory to the issue of the optimal capital cost allocation was expounded. Next the cooperative N person game model of the optimal capital cost allocation and its solution ways including method based on Shapley value, least core method, weak least core methods, proportional least core method, CGA method, MCRS method and so on were delineated. Finally through application of these methods it was concluded that to apply game theory in the optimal capital cost allocation issue is helpful to implement the total emission control planning schemes successfully, to control pollution effectively, and to ensure sustainable development.

Using self-determination theory to identify organizational interventions to support coal mineworkers’ dust-reducing practices

Advancing the application of safety and health(S&H)technologies is likely to remain a value in the mining industry.However,any information that technologies generate must be translated from the organization to the workforce in a targeted way to result in sustainable change.Using a case study approach with continuous personal dust monitors(CPDMs),this paper argues for an organizational focus on technology integration.Although CPDMs provide mineworkers with near real-time feedback about their respirable coal dust exposure,they do not ensure that workers or the organization will continuously use the information to learn about and reduce exposure sources.This study used self-determination theory(SDT)to help three mines manage and communicate about information learned from the CPDM technology.Specifically,35 mineworkers participated in two mixed-method data collection efforts to discuss why they do or do not use CPDMs to engage in dust-reducing practices.Subsequently,the data was analyzed to better understand how organizations can improve the integration of technology through their management systems.Results indicate that using the CPDM to reduce sources of dust exposure is consistent with mineworkers’self-values to protect their health and not necessarily because of compliance to a manager or mine.

How does the‘environment’come to the person?The‘ecology of the person’and addiction

Currently,psychiatry lacks a field that can be called“theoretical psychiatry”,which uses theoretical concepts and explanatory models:The main stream of research is to collect data of all kinds in the hope that the computational Big Data approach will shed a bright light on the black box of mental disorders.Accordingly,the biology-based Research Domain Criteria of the National Institute of Mental Health have been established.However,as philosophical analyses of concepts and methods have shown,several epistemological gaps stand in the way of a consistent multilevel understanding of mental disorders.Also,the implicit ontological problems in the biological reduction of the psychosocial level and in the integration of so-called hard and soft disciplines are mostly left out.As a consequence,a non-reductive psychological theory of mental disorders is sought that also integrates correlating biological and sociological issues.In this context,one example of promising nonreductive psychiatric research is the option of systems/network psychopathology.The possibilities for integrating different psychological perspectives are highlighted for the field of addiction research and treatment,where pragmatic behaviorist approaches dominate over the theorybased practice of psychoanalysis.In comparing the theoretical constructs of these two approaches,the relevance of the concept of“(social)environment”as the wealth of influential sociocultural factors is discussed at levels superior to the interpersonal micro-level,namely the organizational meso-and societal macro level,which is not sufficiently considered in current biopsychiatry.On this basis of argumentation,the usefulness of grounding and framing psychiatry through the field of ecological sciences,especially human ecology,is demonstrated.Finally,to this end,an outline of an ecological model of mental health and illness is presented.

The New Foundation of Organizational Psychology.Trait Activation Theory in the Workplace:Literature Review

Trait Activation Theory(TAT)is a comprehensive examination of the personality-job fit and is based on the model of job performance.This theory’s main argument is how individuals express their personal traits when exposed to trait-relevant situational cues.The trait-relevant situation can be assessed through the cues that play a role in the manifestation of trait-relevant behaviors.The situational cues may originate from social,task,and organization.These cues may provoke or trigger the behaviors related to traits but not related to performance measures.The three central principles suggested in TAT are:(1)personal traits are expressed in the behaviors related to work as responses to the situation cues that are trait-relevant,(2)trait-relevant situation cues originate from social,task,and organization,(3)job performance and work behaviors that are trait expressive are distinct,with job performance to be discussed as valued work behavior.The research conducted and presented below includes articles that are in the majority of the last two decades and the findings suggest that TAT was reviewed usually against managerial roles and qualities.In some articles,TAT was also reviewed and researched together with other major personality theories to explain behavior.

Engine Selection Based on Utility Theory

Since an engine is seen as the″heart″of an airplane,the objective and scientific evaluation of it is significant to ensure normal operation of airlines.Aiming at the limitations of current studies on selecting engines,a quantitative comprehensive evaluation system of engine options was established and an optimization model based on the utility theory and analytic hierarchy process(AHP)was proposed.Considering the judgement of different customers on the balance between income and risk,the utility of each evaluation index was determined by utilizing the piecewise utility function.The AHP was used to analyze individual demands of customers.Finally,the optimal scheme was selected through calculating the weighted utility value.According to the actual needs of a domestic airline,the utility of three engine options was calculated.The results showed that the value of risk factor can be set to determine the selection scheme based on the degree of preferences(conservative type,neutral type or adventurous type).

Grounded theory qualitative approach from Foucault's ethical perspective:Deconstruction of patient self-determination in the clinical setting

This paper aims to explain the construction of the autonomous subject from Foucault's ethical perspective for the qualitative analysis of interprofessional relationships,patient-professional relationships,and moral ethics critique.Foucault tried to break loose from the self,which is merely the result of a biopol-itical subjectivation and constituted an interpersonal level.From this,different elements involved in the decision-making capacity of patients in a clinical setting were analysed.Firstly,the context in which decision-making occurs has been explained,distinguishing between traditional practices involved in self-care and the more modern conceptions that make certain possible transformations.Secondly,an attempt is made to explain the formation of the medicalisation of society using the transformations of what Foucault called"techniques of the self".Finally,the ethical framework for a subject's"self-creation",insisting more on the exercises of self-subjectivation,reinforcing the ethics of the self by itself,the"care of the self",has been explained.The role of the patient is understood as an autonomous subject to the extent that the clinical institution and the professionals involved comprehend how the patient’s autonomy in the clinical environment is constituted.All these elements could generate grounded theory on the qualitative methodology of this phenomenon.The current ethical model based on universal principles is not useful to provide a capacity for patients decision-making,relegating to the background their opinions and beliefs.Consequently,a new ethical perspective emerges that aims to return the patient to the fundamental axis of attention.

The Role of Trait Activation Theory in Occupational Behavior:A Systematic Review

The Trait Activation Theory(TAT)is widely regarded as the most influential personality theory approach in psychology.The purpose of this study is to analyze the TAT’s role in the contemporary workplace.Which personality traits are more likely to predict work success?Which characteristics should businesses prioritize throughout the recruiting and selection processes?According to the Trait Activation Theory,what is the significance of motivation in the workplace and how can employers find employees who can be more productive,efficient,and involved in the organization’s goals?A systematic review of past recent research was used to answer the questions raised above.Following the gathering and examination of multiple recent publications on the issue,it was determined that the use of this model had a favorable impact on individual and group performance,working relationships,manager job performance,and workplace creativity.

Organizational Psychology in the 21st Century: The Big Five Theory Contribution in the Modern Workplace

The Big Five Theory is considered as the most prominent personality theoretical approach in psychology.This paper aims to discuss the contribution of the Big Five Theory in the modern workplace.Which personality traits are more predictive for job performance?Which traits should organizations take more in consideration during recruitment and selection processes?What is the meaning of motivation in the workplace and how employers could locate individuals who can be more productive,efficient,and engaged to the organization’s goals according to the Big Five personality model?The above questions are answered through the systematic review of previous contemporary studies.After the collection and review of several recent publications,regarding this subject,it was concluded that the application of this model positively affects employees’and group performance,working relationships,managers’work performance as well as innovation in workplace.

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.

社会交互成本理论与社会信用法的法理重构

社会信用体系建设探索实践面对法治拷问,社会交互成本理论对社会信用法治之路将如何前行进行了回应。该理论通过揭示和描述社会信用机制的内在规律,对我国社会信用体系建设当前实践给出了学理解读。在社会交互成本理论看来,社会信用建设现有的法治探索经验显示,社会信用法在法律的调整对象等一系列方面已然显现新的特征,以“行为本位”为前提的法理思维已经无法涵括社会信用法领域出现的新的法律现象。在依据社会交互成本理论形成的法理观念看来,社会信用法的调整对象已不只是信用行为,而是信用行为习惯及其背后的社会关系;调整手段不只是国家的强制力,而是国家强力规制与社会自我管理有机融合;调整方式不再是单纯的负面惩戒,而是以正向调整鼓励守信为主。

动态系统论视角下人格权禁令制度的差异化适用

司法实践与既有研究均指向人格权禁令制度宜差异化适用,但人格权禁令制度如何差异化适用仍未明确。为明确差异化裁判进路,人格权禁令制度应当选择动态系统论裁判方法,合理归纳差异化适用的类型基础,并通过动态系统论构造差异化适用路径,即区分物质性人格权与精神性人格权、具体人格权与一般人格权以及财产性人格权与非财产性人格权的不同考量因素。通过研究以期使法官形成较为稳定的裁判进路,促进法官类案类判,提高司法公信力。

《古船》三重人格结构分析

精神分析学派创始人弗洛伊德提出三重人格结构学说,即享乐原则的“本我”、现实原则的“自我”以及求善原则的“超我”。以心理批评的视角切入《古船》,可以看到众多意蕴丰富的圆形人物。隋不召率真随性,常展现“本我”的一面;隋见素追求利益,遵循“自我”的现实规范;隋抱朴抑制欲望,是“超我”的道德模范。隋氏家族三位主要人物的人格结构在故事进程中发生着动态的变化,本我、自我、超我三者相互作用,使得人物形象充满艺术的张力。同时,作家张炜的性格气质在作品人物身上也有所体现。

数字经济下个人信息使用和保护平衡的三方演化博弈分析

构建以政府(G)、个人信息所有者(P)和个人信息获取/使用者(C)三方为主体的动态博弈模型,分析其演化过程。通过对以政府为驱动的三方博弈的演化路径分析,从三方的角度分别提出对策建议。研究结果表明,政府实施严格监管可以提升自身形象和管理效率。政府应主要采用惩罚手段,使个人信息获取/使用者在违规策略下产生较高的成本,从而促使他们采取规范获取和使用的策略。对于个人信息所有者而言,政府及时发现违规行为并严格处理,同时积极宣传个人信息维护,可激励他们采取积极提供个人信息的策略。在这种情况下,三方可实现帕累托最优的策略均衡,并实现在数字经济下个人信息使用和保护的平衡。

教育家精神生成的理想类型模式——基于蔡元培、吴玉章、朱九思的案例

教育家精神一定是体现在教育家的教育实践中的,所以,教育家与教育家精神是一枚硬币的两面,它们不可分割。教育家精神本质上是一种高层级的行业德行,是那些极为优秀的教育工作者之个体情怀、职业理念及其实践能力的综合呈现,我们也可以视其为理想的教育工作者人格体系。教育家精神的培养、弘扬和践行对我国教育事业发展与改革极为重要,所以探究教育家精神的生成机制,同样是发展和探索教育理论的题中之义。借助心理学关于个性心理特征理论,以理想类型模式为工具,我们从早年经历与教育背景、哲学观点与政治主张、学术敏锐与格局担当三个层面探究蔡元培、吴玉章和朱九思三位著名教育家的精神谱系、主要特征及其形成规律。研究发现,早年的生活历练和学术训练对教育家的人格形成和精神发轫具有基础性价值;教育家的哲学取向决定其教育实践的风格,政治追求影响其精神的特质,而必要的学术敏锐性和个体的格局担当则是最终生成教育家精神的重要影响因素。