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.

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.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision

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.

Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example

The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.

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.

Copyright Protection Mode for Geological Information Sharing under the Environment for Network

Using copyright rules clear government of geological information property rights is the main path to realization of geological information socially sharing. For China＇s current laws have an institute basic principle of geological information protected by copyright law, we need to detailed thinking the copyright subject, write content, licensing and other aspects, combine the geological information sharing mechanism.

Impact of Enforcement of Right of Communication through Information Network

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...

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

Legal Protection of the Right of Informed Consent of the Subjects of Human Clinical Trials in China

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.

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

Regulations for the Protection of the Right of Communication through Information Network

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.

On China's Protection of Citizens' Right to Be Informed and Construction of Government Information Publicity System

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

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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:

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.

THE JOURNAL OF HUMAN RIGHTS Information for Authors

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.

Action Plan to Promote All-Round Progress in China's Human Rights Cause——An Interview with Wang Chen,director of the State Council Information Office

EDITOR＇S NOTE： The National Human Rights Action Plan of China （2009-2010） has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here is a transcript of an interview given to our reporters by Wang Chen, director of the Office, on the Action Plan, which we hope will help our readers gain a better understanding of China＇s human rights cause and its development.