The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usuall...The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control,and is interpreted as a specific right to personal information.This understanding somewhat misinterprets the nature and function of the bundle of personal information rights.In terms of its nature,the bundle of personal information rights is the outcome of the state’s obligation to actively protect and empower individuals through institutional safeguards,and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law.In terms of its function,the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors.Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer,more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system.As an instrumental right under the state’s regulatory strategy,the implementation of the bundle of personal information rights needs to focus on facilitating the individual’s knowledge,participation and ability to negotiate under procedural justice,as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice,with a view to continuously developing and enhancing the state’s regulatory rationality.展开更多
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
Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t...Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.展开更多
On 27 October 2001, the Standing Committee of the People's Congress reviewed and passed the Amendment to the Copyright Law of the People's Republic of China. In Article 10 of the amended Copyright Law as of 20...On 27 October 2001, the Standing Committee of the People's Congress reviewed and passed the Amendment to the Copyright Law of the People's Republic of China. In Article 10 of the amended Copyright Law as of 2001 has been incorporated a new subject matter under the copyright protection: the right of communication through information network, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individu...展开更多
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s...The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications:展开更多
Article 1 These Regulations have been formulated under the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) with a view to protecting the right of communication throug...Article 1 These Regulations have been formulated under the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) with a view to protecting the right of communication through information network enjoyed by copyright owners, performers and producers of sound recordings and video recordings (hereinafter collectively referred to as the right owners) and to encouraging creation and communication of works conducive to the building of a socialist society that is advanced ethically and materially.展开更多
The journal of human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s...The journal of human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.展开更多
I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be inf...I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be informed and the construction of government information publicity system展开更多
Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth ann...Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,展开更多
With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged...With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.展开更多
Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrig...Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrightscn.com.Authors should not simultaneously submit the manuscript to another journal.展开更多
The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedi...The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedical research. In recent years, the legal protection of the right to informed consent for research subjects has been gradually improved in China. The right to informed consent for research subjects has been improved from an ethical norm to a legal norm. The legal status of legal norms has also been gradually improved. Based on the public law regulations, private law relief has been added to the legal relief system for the infringement of the right to informed consent for research subjects. As a result, the protection of rights has been enhanced. The domestic informed consent protection system is partially in line with international norms. The protection of the right to informed consent depends on the perfection of the legal system and the social consensus to respect human rights and the right to self-determination.展开更多
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s...The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications:展开更多
Death with dignity is the embodiment of the dignity of human life in the context of end-of-life medical care.However,in the development of its concept,it has been alienated into a single way of death and is often conf...Death with dignity is the embodiment of the dignity of human life in the context of end-of-life medical care.However,in the development of its concept,it has been alienated into a single way of death and is often confused with the concept of euthanasia.It is therefore a theoretical and practical necessity to re-expand the connotations of death with dignity Death with dignity is the subjective value of dignity reflected in the context of dying.It takes equality,freedom,and virtue as the core,and uses the right to life as its external support.It is projected onto the medical context and incorporates the patient’s right to informed consent.Subject to public interest,legal paternalism,and the principles of public order and good customs,the boundary of the right to death with dignity should be between active treatment and natural death,and active euthanasia in the form of giving up the right to life should not be included in the right to death with dignity.展开更多
Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrig...Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrightscn.com.A uthors should not simultaneously submit the manuscript to another journal.展开更多
文摘The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control,and is interpreted as a specific right to personal information.This understanding somewhat misinterprets the nature and function of the bundle of personal information rights.In terms of its nature,the bundle of personal information rights is the outcome of the state’s obligation to actively protect and empower individuals through institutional safeguards,and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law.In terms of its function,the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors.Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer,more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system.As an instrumental right under the state’s regulatory strategy,the implementation of the bundle of personal information rights needs to focus on facilitating the individual’s knowledge,participation and ability to negotiate under procedural justice,as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice,with a view to continuously developing and enhancing the state’s regulatory rationality.
基金an initial progress of the“Research on Improving the Central Supervision System of Ecological and Environmental Protection”(Project No.21ZDA088)a National Social Science Foundation Major Project of the Research on the Interpretation of the Spirit of the Fifth Plenary Session of the 19th CPC Central Committee。
文摘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.
文摘Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.
文摘On 27 October 2001, the Standing Committee of the People's Congress reviewed and passed the Amendment to the Copyright Law of the People's Republic of China. In Article 10 of the amended Copyright Law as of 2001 has been incorporated a new subject matter under the copyright protection: the right of communication through information network, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individu...
文摘The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications:
文摘Article 1 These Regulations have been formulated under the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) with a view to protecting the right of communication through information network enjoyed by copyright owners, performers and producers of sound recordings and video recordings (hereinafter collectively referred to as the right owners) and to encouraging creation and communication of works conducive to the building of a socialist society that is advanced ethically and materially.
文摘The journal of human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.
文摘I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be informed and the construction of government information publicity system
文摘Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,
文摘With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.
文摘Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrightscn.com.Authors should not simultaneously submit the manuscript to another journal.
文摘The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedical research. In recent years, the legal protection of the right to informed consent for research subjects has been gradually improved in China. The right to informed consent for research subjects has been improved from an ethical norm to a legal norm. The legal status of legal norms has also been gradually improved. Based on the public law regulations, private law relief has been added to the legal relief system for the infringement of the right to informed consent for research subjects. As a result, the protection of rights has been enhanced. The domestic informed consent protection system is partially in line with international norms. The protection of the right to informed consent depends on the perfection of the legal system and the social consensus to respect human rights and the right to self-determination.
文摘The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.Manuscripts accepted for review should satisfy the following format specifications:
基金a phased result of Legalization of Basic Medical Security,a major research project of philosophy and social sciences of the Ministry of Education in 2014(14JZD025)
文摘Death with dignity is the embodiment of the dignity of human life in the context of end-of-life medical care.However,in the development of its concept,it has been alienated into a single way of death and is often confused with the concept of euthanasia.It is therefore a theoretical and practical necessity to re-expand the connotations of death with dignity Death with dignity is the subjective value of dignity reflected in the context of dying.It takes equality,freedom,and virtue as the core,and uses the right to life as its external support.It is projected onto the medical context and incorporates the patient’s right to informed consent.Subject to public interest,legal paternalism,and the principles of public order and good customs,the boundary of the right to death with dignity should be between active treatment and natural death,and active euthanasia in the form of giving up the right to life should not be included in the right to death with dignity.
文摘Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrightscn.com.A uthors should not simultaneously submit the manuscript to another journal.