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

Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.

Social Participation of Older Persons Based on Human Rights:Conception Renewal and Action Plan

Equal participation and the promotion of social integration are essential parts of human rights protection. The theory of the right to social participation of older persons from the perspective of age stratification hardly explains the real difficulties older persons face in participating in social life. Life course theory reveals that social participation is an intermediate link between individuals and the social environment, so it is a means for individuals to achieve specific objectives as they age. In this light, there are three main interpretations for expressions of social participation of older persons throughout history, namely participation in health-oriented toward treatment of physiological aging, participation in production oriented toward human resources development of older persons, and full participation based on human rights. In the context of mainstreaming human rights and active aging, full participation based on human rights should become the main concept of relevant academic exploration and policy practice. To this end, we should establish the principle of protecting the rights of the elderly to social participation and integration, examine the participation process from the perspective of dynamic development, and construct the participation protection mechanism in light of China’s conditions.

The Model Selection of Personal Information Protection in Criminal Procedures

In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system.

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

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