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
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
The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Educati...The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.展开更多
I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H...I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." This means (1) the right to defence is a basic human right due to all persons charged with a penal offence; (2) it is a basic requirement for the principle of presumption of innocence and fair trial; and (3) the realization of the fight needs practical and effective guarantees.展开更多
China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspective of competition policy. This paper focuses on the indus...China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspective of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions:(1) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly?(2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies?(3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.展开更多
Based upon the theory of the nonlinear quadric two-person nonzero-sum differential game,the fact that the time-limited mixed H2/H∞ control problem can be turned into the problem of solving the state feedback Nash bal...Based upon the theory of the nonlinear quadric two-person nonzero-sum differential game,the fact that the time-limited mixed H2/H∞ control problem can be turned into the problem of solving the state feedback Nash balance point is mentioned. Upon this,a theorem about the solution of the state feedback control is given,the Lyapunov stabilization of the nonlinear system under this control is proved,too. At the same time,this solution is used to design the nonlinear H2/H∞ guidance law of the relative motion between the missile and the target in three-dimensional(3D) space. By solving two coupled Hamilton-Jacobi partial differential inequalities(HJPDI),a control with more robust stabilities and more robust performances is obtained. With different H∞ performance indexes,the correlative weighting factors of the control are analytically designed. At last,simulations under different robust performance indexes and under different initial conditions and under the cases of intercepting different maneuvering targets are carried out. All results indicate that the designed law is valid.展开更多
Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical an...Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical and legal circles on both sides of the Atlantic. The objective of this article is to detail the police commitment procedure in England and Wales, as dictated by the mental health act of 1983 (MHA 1983) amended in 2007 (MHA 2007);and compare this with similar legal provisions as prevails under current state mental health statutes in the United States of America (USA). The comparative review of the commitment processes in England and Wales to that of the USA reveals that the process in England and Wales seeks to primarily ensure that persons with mental disorder (PWMD) in crisis are directed to a specialist hospital for evaluation and appropriate specialist care. In the USA such persons in a good number of cases may end up in the criminal justice system due to application of the “dangerousness” standard. Additionally whereas in England and Wales the commitment law is uniform in law and application, the federal system in the USA is such that the commitment law may have minor variations depending on the individual states. The minor variation in state commitment laws may engender a situation where the commitment law in England and Wales may seem relatively equitable and just towards PWMD in crisis, compared to the state commitment laws in the USA.展开更多
Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 19...Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.展开更多
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 ac...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.展开更多
The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabili...The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.展开更多
Laws and policies impose many information handling requirements on business practices. Compliance with such regu-lations requires identification of conflicting interpretations of regulatory conditions. Current softwar...Laws and policies impose many information handling requirements on business practices. Compliance with such regu-lations requires identification of conflicting interpretations of regulatory conditions. Current software engineering methods extract software requirements by converting legal text into semiformal constraints and rules. In this paper we complement these methods with a state-based model that includes all possibilities of information flow. We show that such a model provides a foundation for the interpretation process.展开更多
Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of ol...Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.展开更多
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘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.
文摘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.
文摘The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.
文摘I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." This means (1) the right to defence is a basic human right due to all persons charged with a penal offence; (2) it is a basic requirement for the principle of presumption of innocence and fair trial; and (3) the realization of the fight needs practical and effective guarantees.
文摘China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspective of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions:(1) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly?(2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies?(3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.
基金Sponsored by the National Natural Science Foundation of China (Grant No.90716028)
文摘Based upon the theory of the nonlinear quadric two-person nonzero-sum differential game,the fact that the time-limited mixed H2/H∞ control problem can be turned into the problem of solving the state feedback Nash balance point is mentioned. Upon this,a theorem about the solution of the state feedback control is given,the Lyapunov stabilization of the nonlinear system under this control is proved,too. At the same time,this solution is used to design the nonlinear H2/H∞ guidance law of the relative motion between the missile and the target in three-dimensional(3D) space. By solving two coupled Hamilton-Jacobi partial differential inequalities(HJPDI),a control with more robust stabilities and more robust performances is obtained. With different H∞ performance indexes,the correlative weighting factors of the control are analytically designed. At last,simulations under different robust performance indexes and under different initial conditions and under the cases of intercepting different maneuvering targets are carried out. All results indicate that the designed law is valid.
文摘Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical and legal circles on both sides of the Atlantic. The objective of this article is to detail the police commitment procedure in England and Wales, as dictated by the mental health act of 1983 (MHA 1983) amended in 2007 (MHA 2007);and compare this with similar legal provisions as prevails under current state mental health statutes in the United States of America (USA). The comparative review of the commitment processes in England and Wales to that of the USA reveals that the process in England and Wales seeks to primarily ensure that persons with mental disorder (PWMD) in crisis are directed to a specialist hospital for evaluation and appropriate specialist care. In the USA such persons in a good number of cases may end up in the criminal justice system due to application of the “dangerousness” standard. Additionally whereas in England and Wales the commitment law is uniform in law and application, the federal system in the USA is such that the commitment law may have minor variations depending on the individual states. The minor variation in state commitment laws may engender a situation where the commitment law in England and Wales may seem relatively equitable and just towards PWMD in crisis, compared to the state commitment laws in the USA.
文摘Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.
文摘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.
文摘The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.
文摘Laws and policies impose many information handling requirements on business practices. Compliance with such regu-lations requires identification of conflicting interpretations of regulatory conditions. Current software engineering methods extract software requirements by converting legal text into semiformal constraints and rules. In this paper we complement these methods with a state-based model that includes all possibilities of information flow. We show that such a model provides a foundation for the interpretation process.
文摘Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.