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The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws
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作者 徐伟功 张亚军 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1319-1346,共28页
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 prot... 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. 展开更多
关键词 human rights protection protection of the rights of vulnerable groups substantive justice personality rights and tort conflict laws
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Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data
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作者 Xiying Huang Qizhao Xie +5 位作者 Xunxun Jiang Zhihang Zhou Xiao Zhang Yiyuan Cheng Yu’nan Wang Chien Chi Chu 《Journal of Sustainable Business and Economics》 2023年第3期37-54,共18页
The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremel... The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security. 展开更多
关键词 Personal Information protection law Privacy security Privacy protection will
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Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si... On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results. 展开更多
关键词 the Universal Declaration of Human Rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection 被引量:1
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作者 谷春德 《The Journal of Human Rights》 2015年第2期113-121,共9页
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party... Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights. 展开更多
关键词 rule of law human rights fundamental value judicial protection
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On the Criminal Law Protection of the Marine Ecological Environment
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作者 Lijuan Zhang Zhenan Zhang 《Journal of Marine Science》 2020年第2期6-10,共5页
With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecologica... With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work. 展开更多
关键词 Marine engineering Ecological environment Criminal law protection STRATEGY
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up LEGALIZATIon
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Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws
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作者 Chen Demin Wang Huabing 《Chinese Journal of Population,Resources and Environment》 北大核心 2008年第3期21-26,共6页
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin... The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility. 展开更多
关键词 协调机制 法律解释 资源安全 环境管理
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Achievements Outstanding In Protecting Minors——Report on enforcement of Law on the Protection of Minors (excerpts)
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作者 GU XIULIAN Vice-Chairperson of the NPC Standing Committee, China. 《The Journal of Human Rights》 2003年第6期6-9,共4页
The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and cam... The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report: 展开更多
关键词 of for Pr on excerpts Achievements Outstanding In Protecting Minors Report on enforcement of law on the protection of Minors
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Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity
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作者 曹薇薇 CHEN Feng(Translated) 《The Journal of Human Rights》 2022年第3期553-580,共28页
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac... The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era. 展开更多
关键词 protecting women’s rights and interests law on the protection of Women’s Rights and Interests legislation system amendment of the law
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On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)
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作者 贾健 余燕娟 XU Chao 《The Journal of Human Rights》 2021年第1期80-94,共15页
The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to educati... The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time. 展开更多
关键词 the right to education functional improvement the secondary protection of criminal law the positive view of criminal law reform path
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Persist in Law-based Protection of Human Rights and Improve the Mechanism for the Protection of Human Rights by the Rule of Law
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作者 韩大元 CHEN Feng 《The Journal of Human Rights》 2022年第2期235-247,共13页
General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-bas... General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life. 展开更多
关键词 human rights mechanism of rule of law protection development path of human rights in China
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On the protection of the right of privacy of patients by the civil law
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作者 Liu Lina 《International English Education Research》 2015年第8期53-54,共2页
关键词 隐私权 患者 保护 法律 医疗机构 医药产业 民法
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United States Law on the Protection of Abused and Neglected Children
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作者 MARK HARDIN 《The Journal of Human Rights》 2007年第5期32-36,共5页
I. Introduction This paper discusses child protection in the United States. I will discuss four general topics. The first topic is United States laws on the protection of children from child abuse and neglect. The se... I. Introduction This paper discusses child protection in the United States. I will discuss four general topics. The first topic is United States laws on the protection of children from child abuse and neglect. The second topic is providing care for children who must be removed from their homes. The third is the role of courts in child protection in the United States. 展开更多
关键词 PRO United States law on the protection of Abused and Neglected Children
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Human Rights Protection in the Context of Ruling the Country by Law
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作者 SONG HANSONG 《The Journal of Human Rights》 2013年第5期18-23,共6页
At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement th... At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law." He also said, "A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution." 展开更多
关键词 Human Rights protection in the Context of Ruling the Country by law CPC
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Enhancing the Rule of Law in China,Improving Judicial Protection for Human Rights
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作者 LUO HAOCAI 《The Journal of Human Rights》 2014年第3期2-3,共2页
The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. ... The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee's "Decision on Certain Key Issues on Comprehensively Deepening Reform" (hereafter, "the decision.") The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform. 展开更多
关键词 Enhancing the Rule of law in China Improving Judicial protection for Human Rights RULE
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The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law
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作者 刘志刚 LI Man 《The Journal of Human Rights》 2017年第6期545-548,共4页
In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in a... In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right 展开更多
关键词 In the protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil law
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Rule by Criminal Law is a Seismograph for the Protection of Human Rights
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作者 林维 HU Liang 《The Journal of Human Rights》 2018年第1期10-12,共3页
Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on p... Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law 展开更多
关键词 Rule by Criminal law is a Seismograph for the protection of Human Rights
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Discussion on Administrative Law protection for Pension Rights and Interests of the Lost Only-Child Elderly in China
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作者 Zehua Feng 《International Journal of Technology Management》 2016年第2期51-54,共4页
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Medium-term and Long-term Environmental Economic Policies on Thermal Power Industry in China Seen from the New Environment Protection Law
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作者 Wang Sheng Guo Tongshu +1 位作者 Sun Xueli Li Yuening 《Meteorological and Environmental Research》 CAS 2016年第5期50-53,共4页
In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,accor... In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,according to the current situation of environmental pollution and protection in thermal power industry,it is proposed that based on the new environmental protection law,it is needed to study various environmental economic policies on thermal power industry and analyze the effects on environmental cost of thermal power enterprises at the macro level. At the micro level,it is necessary to control environmental cost of thermal power enterprises effectively,and establish a suitable environmental management system for environmental economic policies including environmental cost accounting and trading of emission rights,thereby improving environmental management level of thermal power enterprises. 展开更多
关键词 ENVIRonMENTAL protection law thermal power industry ENVIRonMENTAL EConOMIC POLICIES China
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Information Privacy, Data Surveillance and Security——How Australian Privacy Law Fully Plays Its Role in the Age of Big Data
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作者 Jiexin Zang 《Journal of Educational Theory and Management》 2019年第1期22-30,共9页
Privacy and the protection of privacy is a common topic studied by many scholars. From the very beginning of human culture, people have personal privacy, which is not willing for them to be unveiled by others. With th... Privacy and the protection of privacy is a common topic studied by many scholars. From the very beginning of human culture, people have personal privacy, which is not willing for them to be unveiled by others. With the development of information technology, especially the internet, knowledge and information are dealt by internet users in conscious or unconscious way, and personal information has been rapidly and quickly distributed and disseminated all over the world. Personal data can be collected by hackers or interlinks from the website, internet not only provides people an era with internet links, but also an age with information collections, a big data age. With the background of big data, this essay tries to put forward the correlative relationship between the protection of information privacy and the privacy law in Australia. It ??rst has an overview of the concepts of information privacy and data surveillance under the background of big data, then highlights the importance of data security in the age of big data;with a literature review on the development of Australian privacy acts, it further claims that privacy acts or regulations by the federal or states provided strong support for the protection of personal data. Then relationship between the protection information privacy and the need of judicial guarantee is further studied for thorough methods or regimes in data protection. With these points studied, this essay aims to highlight the importance of data protection and information privacy. On the other hand, it aims to provide awareness for readers the vital role privacy laws can play in the protection of people’s personal information and emphases the importance of a continuous evolution for privacy law system in the age of big data. 展开更多
关键词 A big DATA age the protection of information PRIVACY the PRIVACY law in AUSTRALIA
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