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.

新闻自由还是出版自由,这是个问题——兼论Freedom of the Press的翻译问题

在新闻学上,Freedom of the press是个非常重要的术语,其基本内涵是新闻自由,然而对它的翻译却存在很大的差异。原因主要有二,一是Freedom of the press的内涵随媒介形态的变化而变化,二是Press本身具有多重的词义。本文从社会变迁和语言学角度进行分析,认为把Freedom of the press译为新闻自由是适宜的。

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.

Human Rights Diplomacy with Mysterious Glow of Religion——On the US International Religious Freedom Act of 1998 and the US Human Rights Diplomacy

International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State;

Human Rights in China Album to Come off the Press

A large-size album entitled Human Rights in China is to come off the press soon. Orders for the album are being solicited across the country. Co-edited by the China Society for Human Rights Studies and China Pictorial and published by China’s Pictorial Publishing House, this richly illustrated publication presents a comprehensive, systematic picture of China’s human rights situation. It provides a full account of how the Chinese people, led by the Communist Par-

Simone de Beauvoir on the Situation and Rights of French Women Colonizer

The goal of this paper is to establish from Simone de Beauvoir＇s perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women colonizer. Following the analysis of Beauvoir as featured in The Ethics of Ambiguity and The Second Sex, the author first begins by examining the situation and rights of French women colonizer as it relates to the situation of the colonized. And then, the author examines the situation and rights of these women from their own stands as women and in relationships to the situation and rights of white French men. The paper concludes that while French women may have experienced white privilege, they suffered from gender oppression deriving from their second-class status as French colonial subjects.

The Human Rightsin Galician Press （FaroDe Vigo and La Voz De Galicia）

Democratic society requires that press freedom is reflected through the preservation of human rights. The aim of this study was to analyse quantitatively the media discourse in the environment of Galicia to see how they deal with different aspects related to the subject. The papers used for the study were for the months from January to September Faro fie Vigo and La Voz de Galicia, in order to establish whether there is a constant in the treatment is done, especially in regard to topics, dedicated spaces, sources and so on.

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.

＂Discard Your Gods and Worship Mine or I Will Destroy Both Your Gods and You!＂ The Lasting Relevance of Dignitatis Humanae

The article highlights the guiding principles which make the Conciliar Declaration Dignitatis Humanae so outstanding and prophetic in character. Initially, the article focuses on the development of the Church＇s doctrine from a position of ＂error has no rights＂ to one where elements of truth are recognised in other religions. The questions addressed include the foundational principles of religious freedom, its limitations, as well as the positive attitudes embraced in its exercise. The article touches upon the role of the initially ~＇disinvited＂ John Courtney Murray （1904-1967） and the unique contribution of Pietro Pavan （1903-1994） to the Declaration, as well as the evaluation made upon it by Ladislas 0rsy （b.1921） and Robert Drinan （1920-2007）. With the publication of Dignitatis Humanae, the Church took a quantum leap which allowed it to gain a degree of credibility in the context of its new commitment to religious tolerance. This leap has to be seen in connection to Lumen Gentium 16 and Nostra Aetate 2. Finally, the lasting relevance of Dignitatis Humanae is understood in the light of the Council＇s focused and authentic attention to human needs within a socio-political context which continues to evolve from day to day.

An Analysis on the Consequences of the Ideological and Cultural Revolution

The paper analyses a special moment-a so-called ＂revolutionar＂ campaign that was undertaken in all fields： social, cultural and religious ones in the contemporary history of Albania. And exactly, it analyses the dramatic turn undertaken by the dictatorial communist regime during the years of 1966-1969. As a result, in period of few years, Albanian was transformed into the only atheist country in the world, because since November 13, 1967, the religious activities were banned and this situation lasted until 1976 from the constitutional point of view.

On the Regulation of Racist Speech

The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.

Prisoners' Human Rights Protection in China off Press

Of late a book describing prisoners’ human rights protection in China was off the press. Compiled jointly by the ChinaPenology Society and the China Society for Human Rights Studies, the book Prisoners’ Human Right Protection in China has collected papers presented at the National Seminar on Prisoners’ Human

Human Rights: Signal of Human Beings from Necessity to Freedom

The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac-

Justification of and Response to the Specificity of Workers’Personality Rights

The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。

Contradictory Freedoms？ Kant on Moral Agency and Political Rights

This essay examines the degree to which Kant＇s understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation and possibility of moral experience as it is presented in the Groundwork for the Metaphysics of Morals. This essay then turns to explore Kant＇s understanding of external freedom and right as set out in The Metaphysics of Morals and examines the apparent inconsistencies that exist between these concepts and Kant＇s explication of moral worth. After pointing out the distinction between right and morality, this essay goes on to argue that, strictly speaking, Kant＇s conception of external freedom and right cannot form part of his moral philosophy （as so defined in the Groundwork）. Finally, this essay concludes by arguing that although right and morality are irreconcilable, Kant＇s account of external freedom and right can nevertheless serve as part of his ＂moral＂ philosophy insofar as these concepts represent Kant＇s attempt to externalize the moral law, or simply expand the definition of morality to cover any action that accords with the right.

Constitutional Court Dysfunction as a Guardian of Constitutional Rights of Religious Minorities in Indonesia

Right to freedom of religion and belief guaranteed by the constitution in the positive legal order, in practice, does not necessarily guarantee freedom. The Constitution of the Republic of Indonesia provides a guarantee of religious freedom for every citizen under Article 28 E of the 1945 Constitution. The Constitutional Court, which is required to protect, maintain, and ensure religious freedom for religious minorities, is deemed to fail guarding the right of religious minorities, because in addition to providing a restrictive ruling on a judicial review of the rule of law which is contrary to the basic law, it also fails to interpret legal products under the laws as part of the constitution. The Constitutional Court dysfunction as a guardian of the constitutional rights of religious minorities occurs because of the vacuum of law （recht vacuum）, a narrow interpretation of the constitution by the constitutional judges. The urgency that needs to be addressed is to provide the Constitutional Court with a more extensive authority, which is not limited only to review legal products under laws, but also includes production of Law on Freedom of Religion and Belief for protection in the application of Article 28 E of the 1945 Constitution.

American Press Freedom: An Improbable Story

In the United States, the public's right to know is one of the central principles of the society and it is believed that the media can report everything in an actual way. Many American journalists are proud of their press freedom and regard the press as the Fourth Estate of the United States. In the United States, media and the government are symbiotic. They rely on each other to reinforce themselves. The government depends on the media to propagandize its political ideology while media need the government to supply news sources to them.

Chinese Religious Leaders and Human Rights Experts on US Religious Freedom Report

The US Commission on International Religious Freedom (USCIRF) issued its 2003 annual report on May 13, uttering irresponsible criticisms of religious affairs of many countries, including China, and listed China among the 'countries of particular concerns.' This has aroused strong protests from Chinese religious leaders. On May 22, the China Society for Human Rights Studies and the China Religious Research Center held a forum in Beijing. The participating religious leaders and human rights experts gave the lie to the US report. Published below are the excerpts of the speeches by some religious leaders and human rights experts:

公序良俗在情人遗赠纠纷中的适用——基于私法与基本权利冲突理论的二元视角

遗赠是否违背公序良俗应以遗赠本身为审查对象,而不能以遗赠以外之事实为断。同时,情人遗赠行为是否违背公序良俗,尤应考察当事人一方遗赠的动机是否是将性奉献与经济上的对待给付联结起来,抑或是存在其他更值得尊重的动机。但在私法视角下,情人遗赠的效力,总是呈现出完全有效或完全无效的形态。而在基本权利冲突与权衡的视角下,各基本权利相互较量各自在具体个案中的分量,此种权衡和较量之结果体现在法律行为效力上,即既非完全有效亦非完全无效,而是在两者间存在多种可能性,因而更能适应个案中的具体情况,也更具灵活性。