Digital Human Rights from the Perspective of System Theory——Concept Definition, Social Function, and Constitutional Basis

The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to individuals from a semantic level,but ignore the significance of“digital human rights”to the whole society and its subsystems at the level of social structure.By introducing Niklas Luhmann's System Theory,this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiological-psychological“individual”as a social environment but a social“person”that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a“human”as a“person”,so they are possible in terms of conceptual definition.Digital human rights can help“people”lower the threshold for participation in digital communication,limit the excessive expansion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of“incorporating digital human rights into the constitution”.Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,making it feasible on the basis of the constitution.

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.

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.

Game analysis of Chinese stakeholders in collective forest rights system reform

In the current stage of Chinese forest ownership reform,the central and local governments as well as the forest farmers play different roles with variations in their expected returns.Managing these respective relationships between the forestry stakeholders to maximize their benefits while actively engaging each stakeholder in the collective forest ownership reform process has become an important issue.This study uses the game theory methodology to analyze the relationship between the different reform stakeholders and then builds on the forest farmers' participation in the reform model process at the reform movement micro-level.This model calculates the forest products equilibrium marketing sales and the government subsidies provided to the forest farmers,when the forest farmers willingly participate in the reform process.It will provide a reliable basis for formulation of government policies which positively impacts Chinese forestry reform.

Research on the Judicial Relief System of Villagers' Autonomy Rights

Starting from the division of the functions of the village committee,the use of self-government rights of the villagers was examined in view of the different functions.Judicial remedies should be screened whether or not the exercise of autonomy,as well as the main disputes in order to determine the specific litigation.The responsibility determination of the villagers' autonomy rights prosecution in different circumstances is put forward.

A DRM System Based on Mobile Agent for Digital Rights Redistribution

We propose a digital rights management （DRM） system based on mobile agent to protect the copyrights of content providers. In the system, the content provider creates a time limited blackbox out of an original agent and dispatches it to the user end to enforce DRM functions. The blackbox is an agent that can resist the attacks from the malicious user in a certain time interval. Owing to digital rights redistribution support, the user whose rights belong to redistribution category can transfer his rights to other users. Moreover, by introducing public key infrastructure （PKI） and certificate authority （CA） role, the security of the session can be ensured. An analysis of system security and performance and a comparison with traditional DRM system is given.

The Innovation and Plights of Farmland Property Rights System Reform in Chongqing Municipality

Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.

Defect and Innovation of Water Rights System

The rare deposition of water resources conflicts with its limitless demand. This determined the existence of the water rights transaction system. The implementation of the water rights transaction system requires clarifying the definition of water resource right above all distinctly. At present, it is a kind of common right system arrangement which needs the Chinese government to dispose of water resources. Though a series of management systems guaranteed the government＇s supply of water resource, it hindered the development of the water market seriously and caused the utilization of water resources to stay in the inefficient or low efficient state for a long time. Thus, we should change the government＇s leading role in the resource distribution and really rely on the market to carry on the water rights trade and transaction. In this way, the water rights could become a kind of private property right relatively, and circulate freely in the market. As a result of this, we should overcome the defects of common right, make its external performance internalized maximally and achieve the optimized water resource disposition and use it more effectively.

Law Absence and System Construction of Equal Material Assistance Rights of Farmers in China

Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.

Justification and System Arrangement of Virtual Property Rights——Comments on Article No. 127 of General Provisions of the Civil Law

In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.

Study on Dynamic Model of Initial Emission Rights for Medical Sewage System

The chemical oxygen demand (COD) is selected as the index in this paper. The system dynamics method is used to analyze the emission right price of medical sewage, the boundary of the emission right price system is determined, and the system dynamics model of the initial emission right of medical sewage is constructed, in which the system is divided into water resources subsystem, population subsystem, economic subsystem and social subsystem. It is expected to expand the theory of the system modeling of the initial discharge right of medical sewage, and to provide the basis for the relevant decision of the environmental management authorities.

Unit Environmental Property Rights: Efficiency, Responsibility and System

The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.

Forum on “Theoretical System of Human Rights”

The Human Rights magazine organized a workshop on December 23-24,2010 to discuss the ＂Theoretical System and Development Model of Human Rights＂ in socialism with Chinese characteristics.

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.

Game of Property Rights and System Change

Governments＇ protection and support are very important for rural enterprises during their birth and development. But, in fact, governments own the rights to control the operation of rural enterprises to a large extent. Govemments encourage and lead the reform of property rights of rural enterprises. Why governments are willing to give up vested interests, and actively promote the reform of property rights of rural enterprises？ This seems to be the key to explain the reform of property rights of rural enterprises. This paper puts forward the hypothesis, uses mathematical models and statistical analyses, and adopts relevant data to verify the needs of governments for fiscal targets, and the rationality of their behavior actively encourages and promotes reconstruction during the reform for maximizing their interests.

Rebuilding water rights system from the perspective of usufruct

As the source of life,water is indispensable to human beings.Being aware of the water stress imposed by population growth,climate change,rapid urbanization,pollution,many scholars and decision makers argue that the establishment of water rights and their system is the primary measure to tackle the water crisis problem.However,no consensus has been reached regarding the definition,nature and content of water rights both practically and academically.By examining the existing theories regarding water rights,this article tries to redefine the entitlements from the aspect of civil law.Meanwhile,it provides a system which classifies various rights by the four functions of usufruct.

The Improvement of China’s AIDS Notification System from the Perspective of Human Rights

China has established a two-level normative structure AIDS notification system with the AIDS Prevention and control Regulations as the core and local regulations as the supplement The problem is that the local legislations have different provisions with regard to the subject of notification and whether to adopt mandatory notification, which confronts the implementation of the AIDS notification system and the prevention of AIDS transmission with real difficulties The different attitudes of local legislations to the mandatory notification system for AIDS essentially reflects the dilemma of legislators in balancing the right to privacy of HIV-infected patients and the right to health of their sexual partners from the perspective of rights limitations, this paper aims to conducts interest balance analysis in the aspects of social urgency, public interest, substantive damage and the right to know of others and holds the view that when these two rights conflict with each other, priority should be given to the right to health of HIV-infected patients and their sexual partner as well as public health In terms of specific systems, the AIDS Prevention and control Regulations should establish a mandatory notification system and local legislation should take into consideration of local conditions to make specific provisions on issues of notification subject, notification procedures and confidentiality obligations after notification.

A Summary of the Seminar on “Construction of China's Human Rights Discourse System in the New Era”

A seminar on Construction of China’s human Rights discourse System in the new era was held in Central South University(CSU) on April 12, 2018. The event was sponsored by the China Society for human Rights Studies and the Publicity department of the hunan Provincial Committee of the Communist Party of China, and hosted by the CSU Research Center for human Rights and the CSU School of law. nearly 70 experts and scholars in law, international relations, and communication from institutes of higher learning, research institutions, and practical work departments from around the country shared their opinions on three topics: Cultivation of a Chinese human Rights discourse System in the new era, Communication of the Chinese human Rights discourse in the new era, and Chinese human Rights discourse and International human Rights Governance in the new era. They conducted an in-depth discussion on enhancing human rights self-confidence, grasping the characteristics of the new era and the general development trend, consolidating consensus between domestic and overseas human rights discourses, and effectively carrying out international human rights exchanges. Fully reflecting the in-depth thinking and insights of attending experts and scholars on the matter, the seminar effectively promoted the development of research on Construction of China’s human rights discourse system in the new era.

Multilevel Protection of Human Rights in the Inter-American System: Existence of this Protection at International and National Levels

This paper seeks to demonstrate that in the Inter-American human rights system, there is a form of multilevel human rights protection. To do so, a number of institutions where this protection is present are reviewed. In addition, regulatory and practical bases having made this form of protection possible are outlined. Lastly, the issue of the relationship produced at the level of the judiciary from this multilevel discussion between national and international systems is discussed.

On Protection System of the Domestic Trade Name Rights

商号一直是我国知识产权保护的弱点,但商号在我国有着广泛的应用,并且具有巨大的商业利益,因此,我国的商号保护制度需要加强和改进。本文主要从商号的保护重要性和商号保护的具体措施的改进进行论述。