Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try...Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try, there will always be a measure of legal safeguard for the person＇s interests and personal security, ff the person has his or her rights infringed upon when the person is outside the country, there will be more than one province of judicial jurisdiction over the case, and the subsequent legal remedies for the person, if any, in most cases will not be so timely and easily available as provided under the domestic laws of the person＇s own country.展开更多
The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy r...The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.展开更多
With the continuous advancement of technology,online transactions have gradually become the predominant mode of commerce in society.Currently,a new type of transaction facilitator has emerged in online transactions,kn...With the continuous advancement of technology,online transactions have gradually become the predominant mode of commerce in society.Currently,a new type of transaction facilitator has emerged in online transactions,known as electronic agents.This specialized concept and its legal definition originated in Western countries,and China has also adopted this concept.Electronic agents cannot be construed as natural persons,nor can they be fashioned as legal entities.They are merely tools capable of executing the will of individuals,albeit with some distinctions from conventional transaction tools.Establishing the legal status of electronic agents can reduce conflicts and contradictions related to online transactions in our current lives,facilitate the development of automated electronic transactions,and promote the rapid progress of our society.Currently,legislation in China in this regard remains uncharted territory,yet our lives are already enveloped by these online transactions.This has resulted in the inability to reach a unanimous resolution for many disputes involving electronic agents in our daily lives,leaving judges to resolve issues based on fundamental legislative principles or relevant legal provisions.The party employing the machine is often an organization with superior cognitive abilities compared to individuals.Therefore,we should consider electronic agents as their employees,and the actions they take should be the responsibility of legal or non-legal entities.It is essential to prioritize the protection of the weaker party as much as possible.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 perspeetive of competition policy. This paper focuses on the industri...China＇s high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive 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： （l） 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
文摘Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try, there will always be a measure of legal safeguard for the person＇s interests and personal security, ff the person has his or her rights infringed upon when the person is outside the country, there will be more than one province of judicial jurisdiction over the case, and the subsequent legal remedies for the person, if any, in most cases will not be so timely and easily available as provided under the domestic laws of the person＇s own country.
文摘The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.
文摘With the continuous advancement of technology,online transactions have gradually become the predominant mode of commerce in society.Currently,a new type of transaction facilitator has emerged in online transactions,known as electronic agents.This specialized concept and its legal definition originated in Western countries,and China has also adopted this concept.Electronic agents cannot be construed as natural persons,nor can they be fashioned as legal entities.They are merely tools capable of executing the will of individuals,albeit with some distinctions from conventional transaction tools.Establishing the legal status of electronic agents can reduce conflicts and contradictions related to online transactions in our current lives,facilitate the development of automated electronic transactions,and promote the rapid progress of our society.Currently,legislation in China in this regard remains uncharted territory,yet our lives are already enveloped by these online transactions.This has resulted in the inability to reach a unanimous resolution for many disputes involving electronic agents in our daily lives,leaving judges to resolve issues based on fundamental legislative principles or relevant legal provisions.The party employing the machine is often an organization with superior cognitive abilities compared to individuals.Therefore,we should consider electronic agents as their employees,and the actions they take should be the responsibility of legal or non-legal entities.It is essential to prioritize the protection of the weaker party as much as possible.
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 perspeetive 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： （l） 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.
