I. An Overview of the Right of Privacy for Minors and Relevant Obligee's Right to Learn Their Privacy The right to privacy has been recognized as an important personal right by China's practitioners and theorists of...I. An Overview of the Right of Privacy for Minors and Relevant Obligee's Right to Learn Their Privacy The right to privacy has been recognized as an important personal right by China's practitioners and theorists of law although it is not an independent part of the Civil Law. In general, the right of privacy refers to the "right of the natural person to enjoy tranquility of private life and his or her right not to allow other persons to invade, learn, use, reveal or publish the kind of information relevant to his private life."展开更多
The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all...The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient.展开更多
As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s Genera...As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.展开更多
HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptional...HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptionalism has been adopted in traditional international practice.That means the specific notified,voluntary consent shall be obtained from examinees before they are screened.However,there is move to abandon HIV exceptionalism in order to detect more infectors and treat AIDS the same as another infectious disease.This has resulted in 'compulsory screening' and 'consent after notification'.In China, 'voluntary' screening, 'real-name detection' and 'compulsory screening' exist in different regions.Thus,it is crucial to identify the legal regulation principle of HIV screening from the perspective of human rights.展开更多
With introducing Global Positioning System(GPS),one of position determination technologies,into non-military area from military locating utilities in United States,it brings both positive and negative effect into our ...With introducing Global Positioning System(GPS),one of position determination technologies,into non-military area from military locating utilities in United States,it brings both positive and negative effect into our society simultaneously.On the one hand,the location data from these new tracking and positioning system are becoming universally available for commercial,government,educational,scientific and non-profit purposes to improve people’s daily life.On the other hand,the application of GPS also raises some impact to personal location privacy,like everything else in this world which would bring us goodness invariably carries the ability to cause harm.In this article,I will briefly talk about the advantages of GPS tracking technology firstly.Then,I will analysis the problems raised by the application of GPS technology in details,such as the concerns about personal location privacy,the moral dilemma and the right dispute when using GPS tracking children or automobile.Finally,I will introduce some safeguards which can minimize the conflicts between the applications of GPS and location privacy information protection.展开更多
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 legisla...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.展开更多
In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their ...In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.展开更多
Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics c...Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.展开更多
文摘I. An Overview of the Right of Privacy for Minors and Relevant Obligee's Right to Learn Their Privacy The right to privacy has been recognized as an important personal right by China's practitioners and theorists of law although it is not an independent part of the Civil Law. In general, the right of privacy refers to the "right of the natural person to enjoy tranquility of private life and his or her right not to allow other persons to invade, learn, use, reveal or publish the kind of information relevant to his private life."
基金National Natural Science Foundation of China(Grant No.61976064)the National Natural Science Foundation of China(Grant No.62172123).
文摘The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient.
文摘As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.
文摘HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptionalism has been adopted in traditional international practice.That means the specific notified,voluntary consent shall be obtained from examinees before they are screened.However,there is move to abandon HIV exceptionalism in order to detect more infectors and treat AIDS the same as another infectious disease.This has resulted in 'compulsory screening' and 'consent after notification'.In China, 'voluntary' screening, 'real-name detection' and 'compulsory screening' exist in different regions.Thus,it is crucial to identify the legal regulation principle of HIV screening from the perspective of human rights.
文摘With introducing Global Positioning System(GPS),one of position determination technologies,into non-military area from military locating utilities in United States,it brings both positive and negative effect into our society simultaneously.On the one hand,the location data from these new tracking and positioning system are becoming universally available for commercial,government,educational,scientific and non-profit purposes to improve people’s daily life.On the other hand,the application of GPS also raises some impact to personal location privacy,like everything else in this world which would bring us goodness invariably carries the ability to cause harm.In this article,I will briefly talk about the advantages of GPS tracking technology firstly.Then,I will analysis the problems raised by the application of GPS technology in details,such as the concerns about personal location privacy,the moral dilemma and the right dispute when using GPS tracking children or automobile.Finally,I will introduce some safeguards which can minimize the conflicts between the applications of GPS and location privacy information protection.
基金Research on Legalization of Basic Medical Care Service(project approval No.14JZD025)as a key project of research on philosophy and social sciences of the Ministry of Education in 2014
文摘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.
文摘In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.
基金phased result of the project “study on the legislation of genome editing in human embryos”(Project No. 19SFB2035)National Rule of Law and Legal Theory Research Program by the Ministry of Justice in 2019。
文摘Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.