The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

The Way to Optimize the Right to Personal Data Portability in Chinese Practice——Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

Constitutional Nature of Personality Rights and Its Manifestation in Civil Law

The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

On the Construction and Application Scenarios of——Analysis of Environmental Personality Interests Based on Human Rights

Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.

The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws

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.

Twenty Years of the Implementation of the Human Rights Clause in the Constitution:Achievements,Implications,and Research Topics

On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.

Analysis on Ecological Personality Right--In the Perspective of Environmental Personality Right

This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.

Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation

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.

Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core

Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.

The UN Convention on the Rights of Persons with Disabilities and China's Protection of the Right to Education of the Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.

The Background and Core Conception of the Convention on the Rights of Persons with Disabilities: A Review

The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?

Protection of the Rights and Interests of Persons with Disabilities in China:Ideas,System and Challenges

People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.

Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC

July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.

The Formulation of Convention on the Rights of Older Persons:The Process and Prospects

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.

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

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.

On the Legal Protection of Sports Rights of Persons with Disabilities in China

Although China has formed a legal system for the protection of the rights and interests of persons with disabilities and a sports legal system,it cannot be concluded that the legal protection system of sports rights of persons with disabilities has been established.The basis of the legal protection of sports rights of persons with disabilities in China originates from a“bundle of basic rights”defined by the Constitution.The legal protection is characterized by diversified standards and norms,high levels of effectiveness and various contents of legislation.Compared with the right to rehabilitation,the right to employment,and the right to education,the legal protection of sports rights of persons with disabilities still faces the problems of unclear distribution of administrative supply responsibility and lack of corresponding judicial relief in the protection model of public-private partnership.To better realize the rights and interests of persons with disabilities and ensure the goal of“equality,participation,and sharing,”it is necessary to promote the equalization and diversification of legal protection for sports rights of persons with disabilities,so as to realize equal rights,all-round development,and social integration.For the purpose of improving the legal protection of sports rights of persons with disabilities,the principle of subsidiarity should be introduced into the protection model of public-private partnership,and administrative public interest litigation should be taken as a new channel to protect rights,to realize the coordinated development of mass sports,competitive sports,and the sports industry of persons with disabilities.

Protection of the Rights of Persons with Disabilities Under the Framework of the UN Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China’s national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.

Social Participation of Older Persons Based on Human Rights:Conception Renewal and Action Plan

Equal participation and the promotion of social integration are essential parts of human rights protection. The theory of the right to social participation of older persons from the perspective of age stratification hardly explains the real difficulties older persons face in participating in social life. Life course theory reveals that social participation is an intermediate link between individuals and the social environment, so it is a means for individuals to achieve specific objectives as they age. In this light, there are three main interpretations for expressions of social participation of older persons throughout history, namely participation in health-oriented toward treatment of physiological aging, participation in production oriented toward human resources development of older persons, and full participation based on human rights. In the context of mainstreaming human rights and active aging, full participation based on human rights should become the main concept of relevant academic exploration and policy practice. To this end, we should establish the principle of protecting the rights of the elderly to social participation and integration, examine the participation process from the perspective of dynamic development, and construct the participation protection mechanism in light of China’s conditions.

On the Right to the Protection of Personal Data as a Constitutional Right

The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.