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 inf...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展开更多
Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People＇s Republic of China on Disclosure of Government Information （hereinafter referred to as the Regulations） and the fifth ann...Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People＇s Republic of China on Disclosure of Government Information （hereinafter referred to as the Regulations） and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,展开更多
In modern state management system,“as the provider of public services,the maker of public policies,the manager of public affairs and the executor of public power,the government has the obligation to assume the main r...In modern state management system,“as the provider of public services,the maker of public policies,the manager of public affairs and the executor of public power,the government has the obligation to assume the main responsibility in emergencies”(Wang,2010).China’s Constitution,Emergency Response Law of the People’s Republic of China,and other laws have clarified the legal responsibility of the government in emergency response.The degree and effect of the government’s responsibility fulfillment determine whether emergency response successes or not.The government should fully fulfill its responsibility in emergency communication and management,innovate social governance,guarantee the right to know,strengthen public opinion guidance,and improve the ability to deal with the media.展开更多
In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their ...In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.展开更多
Since 2007 when Regulations on Government Information Disclosure was adopted, the State Council has issued almost a dozen documents to guide government information disclosure around the country. These documents have g...Since 2007 when Regulations on Government Information Disclosure was adopted, the State Council has issued almost a dozen documents to guide government information disclosure around the country. These documents have gradually expanded the scope of disclosure and recognized the significant role of transparency in promoting the rights to information, participation and supervision, and in building a government that is innovative, impartial and operating under the law. Meanwhile, these documents have, in both theory and practice, exceeded the limit of the Regulations, posing a challenge to increasing government transparency proposed at the Third Plenary Session of the Eighteenth CPC Central Committee.展开更多
In the era of big data,the dual risk-based damage associated with personal information leakage presents unique challenges.The unrealistic nature of objective risk-based damage without benchmarks and the high threshold...In the era of big data,the dual risk-based damage associated with personal information leakage presents unique challenges.The unrealistic nature of objective risk-based damage without benchmarks and the high threshold for determining subjective risk-based damage have become obstacles for information subjects seeking compensation.Traditional approaches to supporting risk-based damage are inadequate in the realm of personal information.The theoretical support and compensation mechanisms for dual risk-based damage to personal information need re-exploration.The information subject’s control over the value of personal information assets based on the right to know forms the theoretical basis for objective risk-based damage.Additionally,the independence of mental suffering and the relaxation of the“serious”standard allow for a broader interpretation of subjective risk-based damage.In addressing claims by information subjects,first,courts need to assess and quantify the level of risk-based damage;second,legislation should introduce a statutory compensation system to define the range of personal information asset value,with a focus on the fault of personal information processors in civil liability;finally,establishing a special representative litigation mechanism can effectively address collective disputes over personal information infringement and alleviate the litigation burden on information subjects.展开更多
One of the most outstanding characteristics of library legislation in China is that theoretical research and legislative practice are mutually reinforcing, making important issues and basic rules and regulations close...One of the most outstanding characteristics of library legislation in China is that theoretical research and legislative practice are mutually reinforcing, making important issues and basic rules and regulations closely associated with legislation and the research focus. A national library law is currently being enacted while several local library legislations have already seen fruitful results. In the enactment of 'Regulations for the Protection of Information Network Dissemination Rights', the library professional participated for the first time in enacting a national copyright law, which led to unprecedented flourishing of library activities and copyright studies. The promulgation of another legal framework,'Government Information Disclosure Regulations' further advanced the research on related issues and pushed forward government information services in public libraries in the same way. A new landmark for library legislation in recent years is the promulgation of'Guidelines for Land Utilization for Public Library Construction' and 'Public Library Construction Standards', while the framing of 'Rules of Professional Ethics for Librarians in China(On trial)' and the 'Library Service Manifesto' give indication that a framework of self-disciplinary measures of library professionals is established.展开更多
Disclosure of government information involves the interests of the applicant, third parties and the public. Both systems for assessment of the public interest and the lessening importance of the applicant＇s qualifica...Disclosure of government information involves the interests of the applicant, third parties and the public. Both systems for assessment of the public interest and the lessening importance of the applicant＇s qualifications make public interest the principal driver for disclosure of information. Exemptions to disclosure contain an implicit public interest. In conflicts between opposing interests over disclosure and non-disclosure, public interest is the key to balancing interests. Public interests supporting disclosure are related to such values as the right to know, democracy and public participation, whereas the interests supporting non-disclosure tend to be implicit in the exemptions to disclosure. Multiple interest entities and the two-sidedness of public interest increase the complexity of weighing the interests involved. Full and comprehensive analysis of interests and the exclusion of unrelated considerations are the premise for assessment of interests. Prioritizing the public interest and prioritizing openness are institutional values of the laws on disclosure of information and the fundamental principle for assessing interests.展开更多
文摘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
文摘Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People＇s Republic of China on Disclosure of Government Information （hereinafter referred to as the Regulations） and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,
文摘In modern state management system,“as the provider of public services,the maker of public policies,the manager of public affairs and the executor of public power,the government has the obligation to assume the main responsibility in emergencies”(Wang,2010).China’s Constitution,Emergency Response Law of the People’s Republic of China,and other laws have clarified the legal responsibility of the government in emergency response.The degree and effect of the government’s responsibility fulfillment determine whether emergency response successes or not.The government should fully fulfill its responsibility in emergency communication and management,innovate social governance,guarantee the right to know,strengthen public opinion guidance,and improve the ability to deal with the media.
文摘In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.
文摘Since 2007 when Regulations on Government Information Disclosure was adopted, the State Council has issued almost a dozen documents to guide government information disclosure around the country. These documents have gradually expanded the scope of disclosure and recognized the significant role of transparency in promoting the rights to information, participation and supervision, and in building a government that is innovative, impartial and operating under the law. Meanwhile, these documents have, in both theory and practice, exceeded the limit of the Regulations, posing a challenge to increasing government transparency proposed at the Third Plenary Session of the Eighteenth CPC Central Committee.
基金“A New Round of Reform and Reconstruction of the International Dis-pute Settlement Mechanism for Intellectual Property Rights and China’s Countermeasures”(Project Number 21BFX101),a 2021 General Project of the National Social Science Foundation of China。
文摘In the era of big data,the dual risk-based damage associated with personal information leakage presents unique challenges.The unrealistic nature of objective risk-based damage without benchmarks and the high threshold for determining subjective risk-based damage have become obstacles for information subjects seeking compensation.Traditional approaches to supporting risk-based damage are inadequate in the realm of personal information.The theoretical support and compensation mechanisms for dual risk-based damage to personal information need re-exploration.The information subject’s control over the value of personal information assets based on the right to know forms the theoretical basis for objective risk-based damage.Additionally,the independence of mental suffering and the relaxation of the“serious”standard allow for a broader interpretation of subjective risk-based damage.In addressing claims by information subjects,first,courts need to assess and quantify the level of risk-based damage;second,legislation should introduce a statutory compensation system to define the range of personal information asset value,with a focus on the fault of personal information processors in civil liability;finally,establishing a special representative litigation mechanism can effectively address collective disputes over personal information infringement and alleviate the litigation burden on information subjects.
文摘One of the most outstanding characteristics of library legislation in China is that theoretical research and legislative practice are mutually reinforcing, making important issues and basic rules and regulations closely associated with legislation and the research focus. A national library law is currently being enacted while several local library legislations have already seen fruitful results. In the enactment of 'Regulations for the Protection of Information Network Dissemination Rights', the library professional participated for the first time in enacting a national copyright law, which led to unprecedented flourishing of library activities and copyright studies. The promulgation of another legal framework,'Government Information Disclosure Regulations' further advanced the research on related issues and pushed forward government information services in public libraries in the same way. A new landmark for library legislation in recent years is the promulgation of'Guidelines for Land Utilization for Public Library Construction' and 'Public Library Construction Standards', while the framing of 'Rules of Professional Ethics for Librarians in China(On trial)' and the 'Library Service Manifesto' give indication that a framework of self-disciplinary measures of library professionals is established.
基金the outcome of "Modernization of the Nation's Governance System and Construction of Government under the Rule of Law,"one of the major projects supported by the National Social ScienceFund in 2014(Project No.14ZDA018)
文摘Disclosure of government information involves the interests of the applicant, third parties and the public. Both systems for assessment of the public interest and the lessening importance of the applicant＇s qualifications make public interest the principal driver for disclosure of information. Exemptions to disclosure contain an implicit public interest. In conflicts between opposing interests over disclosure and non-disclosure, public interest is the key to balancing interests. Public interests supporting disclosure are related to such values as the right to know, democracy and public participation, whereas the interests supporting non-disclosure tend to be implicit in the exemptions to disclosure. Multiple interest entities and the two-sidedness of public interest increase the complexity of weighing the interests involved. Full and comprehensive analysis of interests and the exclusion of unrelated considerations are the premise for assessment of interests. Prioritizing the public interest and prioritizing openness are institutional values of the laws on disclosure of information and the fundamental principle for assessing interests.
