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The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws
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作者 徐伟功 张亚军 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1319-1346,共28页
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 prot... 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. 展开更多
关键词 human rights protection protection of the rights of vulnerable groups substantive justice personality rights and tort conflict laws
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Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data
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作者 Xiying Huang Qizhao Xie +5 位作者 Xunxun Jiang Zhihang Zhou Xiao Zhang Yiyuan Cheng Yu’nan Wang Chien Chi Chu 《Journal of Sustainable Business and Economics》 2023年第3期37-54,共18页
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 extremel... 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. 展开更多
关键词 Personal Information protection law Privacy security Privacy protection will
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Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects
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作者 Qi Haixia 《科技与法律(中英文)》 CSSCI 2024年第6期138-148,共11页
In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How... In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape. 展开更多
关键词 personal information protection compensatory damages public interest litigation skimming-off excess profits equal liability
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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
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
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 si... 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. 展开更多
关键词 the Universal Declaration of Human Rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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Discussion on Administrative Law protection for Pension Rights and Interests of the Lost Only-Child Elderly in China
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作者 Zehua Feng 《International Journal of Technology Management》 2016年第2期51-54,共4页
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse... Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly. 展开更多
关键词 the lost only-child elderly Pension rights and interests Administrative law protection.
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Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity
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作者 曹薇薇 CHEN Feng(Translated) 《The Journal of Human Rights》 2022年第3期553-580,共28页
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac... The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era. 展开更多
关键词 protecting women’s rights and interests law on the protection of Women’s Rights and interests legislation system amendment of the law
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Research on the Public Perception of Yangzhou Historical and Cultural Districts Based on Network Review Text Analysis
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作者 WU Tao SHAO Yuanhua 《Journal of Landscape Research》 2023年第3期36-41,共6页
The historical and cultural districts of a city serve as important cultural heritage and tourism resources.This paper focused on four such districts in Yangzhou and performed semantic analysis on online public comment... The historical and cultural districts of a city serve as important cultural heritage and tourism resources.This paper focused on four such districts in Yangzhou and performed semantic analysis on online public comments using ROST CM6 software.According to the high frequency words,attention preference of district site elements,activities and feelings in Yangzhou historical and cultural districts were analyzed.Through the analysis of semantic network and public emotional tendency,the relationship between the protection and utilization of Yangzhou historical and cultural districts and the perception and demand of users were discussed,and some suggestions for the protection,utilization and renewal of historical and cultural districts were put forward. 展开更多
关键词 Yangzhou historical and cultural districts Text analysis public perception protection and renewal
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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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The Challenges of Water Pollution, Threat to Public Health, Flaws of Water Laws and Policies in Pakistan 被引量:2
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作者 Azra Jabeen Xisheng Huang Muhammad Aamir 《Journal of Water Resource and Protection》 2015年第17期1516-1526,共11页
In an era of unprecedented urbanization, population and industrial growth pressure is serious threat for the water management in Pakistan in present days. Water pollution from raw sewage, industrial wastes, and agricu... In an era of unprecedented urbanization, population and industrial growth pressure is serious threat for the water management in Pakistan in present days. Water pollution from raw sewage, industrial wastes, and agricultural runoff limited natural fresh water resources in the country. Human health is facing serious problems due to deteriorating drinking water quality. Current review paper provides an insight to the water quality problems in Pakistan with an attempt to emphasize the challenges of water laws enforcement. Although Pakistan has developed many water laws the state of implementation is dominant, intermediate pollution crises are still remaining. We could come to the conclusion that strictly enforcement is compulsory for water environment regulations in Pakistan. Moreover, it is necessary to establish a reliable risk assessment system for water quality, human health and ecological safety. 展开更多
关键词 WATER POLLUTIon Population Urbanization public Health Contamination Industrial and Agricultural POLLUTIon WATER lawS and POLICIES
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The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection 被引量:1
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作者 谷春德 《The Journal of Human Rights》 2015年第2期113-121,共9页
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party... Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights. 展开更多
关键词 rule of law human rights fundamental value judicial protection
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Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws
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作者 Chen Demin Wang Huabing 《Chinese Journal of Population,Resources and Environment》 北大核心 2008年第3期21-26,共6页
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin... The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility. 展开更多
关键词 resource security legal protection relative laws MECHANISM
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A Brief Analysis about the Public Property Attribute of the Fiscal and Taxation Law
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作者 He Xiao 《International English Education Research》 2015年第7期40-41,共2页
From the date of birth, the fiscal and taxation law in China is always rooted in Chinese land, Chinese resources and aimed at solving Chinese problem.As a famous scholar on the fiscal and taxation law professor Jianwe... From the date of birth, the fiscal and taxation law in China is always rooted in Chinese land, Chinese resources and aimed at solving Chinese problem.As a famous scholar on the fiscal and taxation law professor Jianwen liu once said: "the fiscal and taxation law is a very important law, it not only involves the entire country macro economic operation but also involves the interests of families and everyone's interests."This article will combine professor Jianwen Liu' s research results in the past two years, from the view of the field of law to discuss why the fiscal and taxation law known as public property. 展开更多
关键词 the FISCAL and TAXATIon law the public PROPERTY law public PROPERTY
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Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards (IPSAS)* Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam
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作者 Pham Quang Huy 《Journal of Modern Accounting and Auditing》 2013年第9期1194-1203,共10页
For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, an... For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future. 展开更多
关键词 state budget public sector budget law international standards international public sector accountingstandards (IPSAS)
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The Criminal Law of Public Order as a Guardian of Public Interest in Terrorist Acts Scenario
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作者 Altin Shegani 《Sociology Study》 2013年第3期172-181,共10页
Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal acti... Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal activity, and in this point of view, its special protection through criminal law norms constitutes a major concern of criminal legislation objectives. Criminal legislation (as a regulatory and modifying tool within society) is an intelligent social product It is a concrete expression of the important contribution of society in ensuring qualitative and quantitative relations of the model of public order. The latter finds expression as the object of a subjective right, which cannot be divided from the affirmation made by criminal legislation as a primary juridical good. In this context, the model of public order is associated with that of protection of general interest, in the subjective sense of the right to punish (ius puniendO, implemented by state authorities. In their universal meaning, all criminal offences in one way or another affect the normal functioning of public order, but terrorist acts can violate or impinge upon public order more closely and specifically. While affecting the designated model of public order, terrorist crimes put in question the architecture of the rule of law. In response to the mechanisms of terrorist offences, two main criminalization techniques are elaborated: (1) the classical technique of criminalization; and (2] the enumerative technique of criminalization. Criminal sanctions, by which the repression of this criminal vector is carried out, aim at ensuring not only the survival of human society, but also its cardinal values and interests, as well as the technical and scientific progress. 展开更多
关键词 Criminal law public order juridical good individual freedom public interest
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On the protection of the right of privacy of patients by the civil law
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作者 Liu Lina 《International English Education Research》 2015年第8期53-54,共2页
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 circums... 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. 展开更多
关键词 PATIENTS right of privacy civil law protection
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On the Criminal Law Protection of the Marine Ecological Environment
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作者 Lijuan Zhang Zhenan Zhang 《Journal of Marine Science》 2020年第2期6-10,共5页
With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecologica... With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work. 展开更多
关键词 Marine engineering Ecological environment Criminal law protection STRATEGY
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Public Welfare Crowdfunding in the Context of the "Charity Law"
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作者 HUANG Qingyun 《International English Education Research》 2017年第6期15-17,共3页
The formulation and promulgation of the "Charity Law" provides the legal basis for various forms of charitable activities, and also makes more and more commonweal activities go forward.And It also provides legal gui... The formulation and promulgation of the "Charity Law" provides the legal basis for various forms of charitable activities, and also makes more and more commonweal activities go forward.And It also provides legal guidelines and direction for the increasingly active but "mixed" Internet public crowdfunding, and ensures smooth operation. Although the "Charity Law" still lacks certain aspects of public crowdfunding, it still outweighs its disadvantages and is Respected. Based on the relevant articles of the "Charity Law", this article elaborates on the "Charity Law" brought to public welfare crowdfunding from the main bodies of fund-raising, the flow of charity, charity donation and personal assistance. 展开更多
关键词 the "Charity law public welfare crowdfunding Fund-raising bodies Charity flow Personal assistance
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up LEGALIZATIon
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Achievements Outstanding In Protecting Minors——Report on enforcement of Law on the Protection of Minors (excerpts)
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作者 GU XIULIAN Vice-Chairperson of the NPC Standing Committee, China. 《The Journal of Human Rights》 2003年第6期6-9,共4页
The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and cam... The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report: 展开更多
关键词 of for Pr on excerpts Achievements Outstanding In Protecting Minors Report on enforcement of law on the protection of Minors
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The COVID-19 and the“European Solution”of Data-based Approach to Governance:Public Security or Data Protection?
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作者 刘洋 李益斌 NIU Huizi(Translated) 《The Journal of Human Rights》 2022年第3期483-503,共21页
To cope with the challenges of CoViD-19,europe has adopted relevant measures of a data-based approach to governance,on which scholars have huge differences,and the related researches are conducive to further discussio... To cope with the challenges of CoViD-19,europe has adopted relevant measures of a data-based approach to governance,on which scholars have huge differences,and the related researches are conducive to further discussion on the differences.By sorting out the challenges posed by the pandemic to public security and data protection in europe,we can summarize the“european Solution”of the data-based approach to governance,including legislation,instruments,supervision,international cooperation,and continuity.The“Solution”has curbed the spread of the pandemic to a certain extent.However,due to the influence of the traditional values of the EU,the“Solution”is too idealistic in the balance between public security and data protection,which intensifies the dilemma and causes many problems,such as ambiguous legislation,inadequate effectiveness and security of instruments,an arduous endeavor in inter national cooperation,and imperfect regulations on digital green certificates.Therefore,in a major public health crisis,there is still a long way to go in exploring a balance between public security and data protection. 展开更多
关键词 European solution data-based approach to governance data protection public security
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