At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute...At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.展开更多
The question of“new moral subjects”arises today in connection with the use of advanced technologies in the context of Industry 4.0,i.e.,the industrial enterprise investing in smart factories,co-robotic,additive manu...The question of“new moral subjects”arises today in connection with the use of advanced technologies in the context of Industry 4.0,i.e.,the industrial enterprise investing in smart factories,co-robotic,additive manufacturing,augmented reality,cyber security,big data,etc.Industry 4.0 underpins what is being heralded as Industry 5.0.Technologies in this field excel in that they are not used for the mere execution of processes designed,programmed,and controlled by man,but are applied to realise“autonomously”goals in the industrial context.Consequently,their degree of automation is no longer defined by increasing independence from human beings,but by the ability to spontaneously initiate a process and implement it to useful effect.The comparison between man and machine,and the justification for the introduction of“new moral subjects”thus crucially depend on the location of“moral being”in the reference to their“autonomy”as a property characterising the“subject man”,but not the exclusive prerogative of the latter.展开更多
文摘At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.
文摘The question of“new moral subjects”arises today in connection with the use of advanced technologies in the context of Industry 4.0,i.e.,the industrial enterprise investing in smart factories,co-robotic,additive manufacturing,augmented reality,cyber security,big data,etc.Industry 4.0 underpins what is being heralded as Industry 5.0.Technologies in this field excel in that they are not used for the mere execution of processes designed,programmed,and controlled by man,but are applied to realise“autonomously”goals in the industrial context.Consequently,their degree of automation is no longer defined by increasing independence from human beings,but by the ability to spontaneously initiate a process and implement it to useful effect.The comparison between man and machine,and the justification for the introduction of“new moral subjects”thus crucially depend on the location of“moral being”in the reference to their“autonomy”as a property characterising the“subject man”,but not the exclusive prerogative of the latter.
