Digital Human Rights from the Perspective of System Theory——Concept Definition, Social Function, and Constitutional Basis

The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to individuals from a semantic level,but ignore the significance of“digital human rights”to the whole society and its subsystems at the level of social structure.By introducing Niklas Luhmann's System Theory,this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiological-psychological“individual”as a social environment but a social“person”that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a“human”as a“person”,so they are possible in terms of conceptual definition.Digital human rights can help“people”lower the threshold for participation in digital communication,limit the excessive expansion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of“incorporating digital human rights into the constitution”.Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,making it feasible on the basis of the constitution.

The Three-dimensional Model of “ConstructionTranslation-Communication” for the Construction of a Human Rights Discourse System with Chinese Characteristics in the Post-pandemic Era

Human rights have always been the focus of disputes between China and the West. To make a better China story about human rights and enhance China’s international discourse power in the field of human rights, we propose the text construction, translation and communication path of the construction of the human rights discourse system with Chinese characteristics from the cross-disciplinary perspective. Based on the examples of prevention and control of the CoVID-19 pandemic under the concept of putting people first, mainstream diplomatic linguistic data relevant to the fight against the novel coronavirus was collected through the internet. The human rights discourse with Chinese characteristics is constructed through a variety of texts focusing on putting the people first, the right to life, the right to health, the right to information, the right to privacy, the right to work and a sense of a community with a shared future for human beings. The core concepts of human rights have experienced the deepening process of decontextualization, abstraction and theorization to gradually conform to the expression habits of international audiences. The international communication effect is mainly positive in civil society. It shows that the construction of China’s human rights discourse system and the governance of international human rights discourse have achieved preliminary results. To enhance China’s discourse power on human rights, we need to add an interdisciplinary approach.

Globalization and Human Rights——An interview with Associate Researcher Xu Tiebing with the Communication University of China

Human fights has always been a concept that evolves with the development of globalization. To clarify their relations, Human Rights made an interview with Xu Tiebing, an associate researcher on international studies with the Communication University of China. Xu has recently translated the French book Atlas de la Mondialisation into Chinese.

Therapeutic Communication Methods Targeting Families and Family Members: A Literature Review

Background and Purpose: Therapeutic communication is a new term in family health care nursing, defined by Hohashi (2019) as a method of family intervention, and characterized by inclusion of not only verbal conversation but also nonverbal interaction. However, specific therapeutic communication methods have not been systematized. The purpose of this study was to clarify therapeutic communication methods for families/family members from the perspectives of verbal communication and non-verbal communication through a review of existing literature. Methods: We conducted a search using the medical literature databases PubMed and Ichushi-Web using the keywords “therapeutic communication”. Analysis was performed on seven articles from PubMed and 14 articles from Ichushi-Web that described therapeutic communication methods performed by healthcare professionals for families/family members. Through directed content analysis, therapeutic communication methods were subcategorized, and classified into three categories: verbal communication, non-verbal communication, and verbal/non-verbal communication. Results: A total of 23 subcategories were extracted. Verbal communication included 11 subcategories, such as “asking questions using the communicatee’s words as they are”. Non-verbal communication included five subcategories, such as “noticing changes in the content of the communicatee’s story”. And verbal/non-verbal communication featured seven subcategories, such as “making the communicatee aware of one’s own beliefs”. Conclusion: Therapeutic communication methods included basic care/caring in family interviews/meetings, as well as verbal communication and non-verbal communication that act on family/family members’ beliefs. It is believed that changes in family/family members’ beliefs can be used to eliminate, reduce, or improve problematic conditions in the family. .

The International Communication of Chinese Concept of Human Rights in the New Era

The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.

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.

Five Years after the Entry of Force of the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights: Some Observations

The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?

Empirical Human Rights Studies Contribute to Building a Society Under the Rule of Law——Summary of the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions

From Nov. 5 to 6, 2013, the China Society for Human Rights Studies （CSHRS）held the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions at Wuhan University. More than 100 experts and scholars, focusing on empirical human rights studies and their contribution to building a society based on the rule of law, shared their work experience and discussed effective strategies. CSHRS President Luo Haocai, who served as vice chairman of the 10th National Committee of the Chinese People＇s Political Consultative Conference,

Study on the Joint Meeting Mechanism for the National Human Rights Action Plan

The joint meeting mechanism for the National Human Rights Action Plan(NHRAP)is a multi-faceted mechanism which unifies political,legislative,administrative,judicial and social sectors.It undertakes the responsibility of formulating,implementing,supervising and evaluating the NHRAP,promotes mutual learning,exchange and competition among member units in the protection of human rights.Over the ten years since it was established,it has proved to be a successful innovative mechanism for protecting human rights that is in line with China’s national conditions.In order to improve the operation of the joint meeting mechanism the NHRAP,it is necessary to establish a more effective coordination mechanism within the joint meeting mechanism,and to subdivide the monitoring and evaluation functions into three levels.

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...

China's Innovation Research on International Communication of Human Rights Discourse on Ethnic Issues

The Western system of human rights discourse plays a leading role in the world.Western media have used the human rights discourse to attack China,especially on ethnic issues in China.The theory of transcultural political economy of communication is very inspiring to the innovation research on international communication of China's human rights discourse on ethnic issues.China's requires an innovation in the international communication of human rights discourse on ethnic issues so as to reconstruct the historical view of human rights discourse.In particular,the discourse resources of human rights protection in China should be explored from the social revolution in the 20 th century.Meanwhile,it is necessary to reconstruct the world discourse of human rights,that is,to construct the"human rights discourse of the Chinese nation,"and focus on human rights dialogue and cooperation with other civilizations and religious systems in the world.In particular,it is necessary to break through the"connection"or"integration"with the Western discourse,transcend the West-centered human rights discourse through competition and collision,reconstruct China's human rights discourse system,and improve the capability of international communication.

China Communications Editorial Board Meeting 2017 Held in Qingdao

On October 22 and 23,2017,the China Communications Editorial Board Meeting and the China Communications Best Paper Awards Ceremony were held in Qingdao,Shandong,where more than 50 editorial board members attended the meeting.Editorial governors delivered speeches,including Prof.Jianhua Lu,Editor-in-Chief（EiC）,Prof.Zhisheng Niu,Chairman of Editorial Council,and Prof.

Research on the Path of Constructing Foreign Discourse System——How to spread China’s Voice Well

In an important speech delivered at the 2018 National Propaganda and Ideological Work Conference,General Secretary Xi Jinping pointed out:“Tell Chinese stories well,spread China’s voices,and increase the national cultural soft power and influence of Chinese culture.”National soft power is mainly manifested in the attractiveness of a country,and the improvement of national soft power is conducive to enhancing the international voice.All along,China’s hard power and China’s soft power development are very unbalanced.China’s hard power has not yet been reflected in China’s cultural soft power and cultural influence,so that it cannot display China’s national image well.Although China has the confidence and self-confidence to tell a good Chinese story,under the environment of international public opinion that“the west is strong and China is weak”,it dares not take the initiative to speak up and has been in a dilemma of“being scolded”.One of the most important reasons is that China’s international communication capabilities are not enough.In the current era of highly developed information technology,whoever has advanced communication methods and strong communication capabilities,whoever has the cultural ideas and values can spread out,and who can master the right to speak internationally,it can be said that if there is no effective communication channel,it will fall into the dilemma of“justification is nowhere to be said,and there is no way to spread it.”

Analysis of Copyright Infringement in Deep Linking

With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.

Reiki as a Communication Process:Between Philosophic Concepts and Experimental Application

The main purpose of this paper is to analyze and provide reliable solutions to the Reiki application technique,starting from the fundamental principles expressed by the Reiki origin philosophy,which are proved to be in accordance with the Informational Model of Human and Living Structures(IMHLS).This model reveals the following main fundamental features of the living organisms:(i)On the entire scale of evolution and organization,from the eukaryotic cell-the composing unit of human,plants,animals to human,the living organisms show a similar informational structure,defined as Informational System of Human and Living Structure(ISHLS);(ii)this informational system is organized in seven informational components,three of them assuring the structuration/restructuration/reproduction and maintenance of the body itself,and the other four the connection with external/inner reality for adaptation;(iii)the neuro-connections between brain and body of the informational components of the ISHLS correspond with the activity of“Chakras”of the ancient empirical model as vital centers of human;(iv)the activity of the ISHLS is reflected in mind by cognitive centers,explaining consciousness.The comparison between the informational results of the IMHLS,with the philosophic Reiki origin concepts,sustains the application of Reiki technique,but improves its understanding and right application by using new,modern concepts developed by the informational model,in accordance not only with their ancient,empirical expression,but much more than that,with actual scientific knowledge on this issue nowadays,concerning information and info-transferring/communication stream in the living bodies.The successful application and effective results of this new version allow to consider this as Ro-Reiki version,just to recognize the essential Romanian contribution to this improvement,concerning the implication and effectiveness of information and the info-communication mechanisms into the human and living organisms,explained in scientific terms of information and psycho-somatic therapy effects.

The Enlarged Moral Self

Constitutional Patriotism is a new form of identity. It addresses the national component of identity formations in order to transform them in light of universal human rights principles. In this article, I seek to strengthen this theory left underdeveloped by Habermas. To do so, I use the idea of moral development which Habermas borrowed from Kohlberg. I argue that Constitutional Patriotism is the missing link in Habermas＇s reading of Kohlberg. I complement Kohlberg＇s reading of moral consciousness with the psychoanalytic idea of individuation. Communication, language, and autonomy all fall into their places in this interdisciplinary puzzle of Constitutional Patriotism spanning over the cultural terrain. This article takes part of the broader project of Constitutional Patriotism here only focusing on the notion of the selfhood.

股东会电子化中股东平等原则的规范构造

出席股东会是股东行使自身权利、治理公司事务的基本路径。委托代理人出席或书面表决等方式系原《公司法》认可的股东现场出席股东会的合法替代方式,但这两种方式均存在不足。鉴于实践效果上电子化表决在提升参与度和确保表决真实性方面起到了积极作用,新《公司法》明确规定公司可以通过电子通信方式召开电子股东会,进一步提高了股东参与度并克服了传统的两类替代方式的弊端。该规定是对实践中已广泛采用的股东会组织方式合法性的确认。然而,新《公司法》等现行法律法规并未充分考虑到电子股东会制度可能引发的股东知情权行权差异和潜在的股东不平等问题,也并未对上述问题以及电子股东会可能发生的程序瑕疵、系统障碍作出针对性的预防和救济规制。实施电子股东会的公司应当保障不同参与方式的股东均可以充分行使权利,制定电子股东会决策程序瑕疵、出现系统故障时的预防和救济措施,以全面有效发挥股东会应有的功能。

训练民众开会:孙中山民权初步思想实践研究(1928—1935年)

孙中山在《建国方略》中提出民权初步思想,主张训练民众开会以培养现代公民,进而实现“纠合群力”“发达民权”。借助学校和民众教育,南京国民政府以普及和演习议事规则为着力点,实践了民权初步思想。在学校,国民党注重传授学生系统的议事规则,训练其专业的议事技能。围绕选举权的行使,以识字为先导,国民党面向失学民众普及议事常识并训练其使用选举权。受观念束缚,受训后的民众议事能力与孙中山的设想仍有较大差距,这表明训练开会既要系统灌输议事规则,更要树立良好的会议氛围,以变迁议事观念,启蒙公民的权利、集体和规则意识。总结民权初步思想的实践教训对于新时代培养合格公民、发展社会主义民主政治具有一定鉴戒意义。

松辽流域初始水权分配协商机制研究

民主协商在流域初始水权分配中具有不可取代的程序价值和实质价值,是建立流域“良治”框架的重要内容。在分析国外水资源分配管理中协商机制的组织框架和运作形式基础上,结合我国流域管理实际,提出应确立以联席会议为协商形式的两级协商体制,并就构建松辽流域初始水权分配协商机制的总体思路、原则、组织机构、内容、形式、程序、争议解决等关键性问题进行了深入研究,为构建流域民主协商提供了必要的制度框架。

在押被告与律师会见通信权的保障与限制——以欧洲人权法院裁判为借镜

在押被告能够接触辩护律师并在不受监察的情况下进行会见通信,是达成有效辩护的关键,但基于监所秩序管理与刑事程序保全,又不能一概排除限制会见通信的措施。这里涉及不同目的之间的冲突和调和,在此欧洲人权法院裁判关于会见通信保障与限制的解释与运作值得参考。我国《刑事诉讼法》应确立自由交流权的立法基点,在押被告与辩护律师之间,应以会见通信不受监察为原则,限制会见通信为例外。监察措施应贯彻必要性和比例性原则,构建防止监察手段滥用的程序担保措施。