The Way to Optimize the Right to Personal Data Portability in Chinese Practice——Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

Challenges to Online Criminal Litigation in the Context of Smart Justice and Responses——Focusing on the Protection of the Right to Defense

Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.

China and the U.N. Convention on the Law of the Sea

The formulation and universality of the Convention, as well as its continuing to be the foundation of the international community to discuss the problems of the oceans and the law of the sea, are inseparable from China's contribution. However, the Convention has also caused serious disadvantages and distress for the latter.

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.

To Bridge the Gap Between Human Rights Cultures:China's Contribution to the Drafting of the Universal Declaration of Human Rights and Its Implications

As one of the foundations for the legitimacy of the United Nations, the universal human rights system derives from the Universal Declaration of Human Rights （here- after, ＂Declaration＂）. After World War II, the international community formulated the Declaration, the most important international human rights legal document, under the direction of the United Nations, based on reflections on brutal aggressive wars and large-scale violations of human rights.

Non-triviality of Two Elements β1λs and α1λs in the Stable Homotopy of Spheres

In this paper, it is proved that for p≥7 an arbitrary odd prime and 3≤s 〈 p, the homotopy elements β1λs and α1λs are nontrivial in the stable homotopy groups of spheres π＊S.

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.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

The Gist of the Marxist view on Human Rights

Marx and engels’ great ideology contains rich thought on human rights. Based on the class structure and social development in their lifetimes, the two founders of Marxism profoundly revealed the essence of human rights. They revealed the historical process, class essence and hypocrisy of the bourgeois human rights, and expounded the important principle that human rights are always subject to economic and social development. The Marxist of human rights theory emphasizes that even in a capitalist society, the proletariat should not abandon its efforts to strive for human rights, and that the proletariat should use human rights well to improve their survival and development conditions as well as the advancement of the society as a whole. In the localization process of Marxism in China, the Marxist view on human rights has been further developed and innovated in China, and the socialist human rights theory with Chinese characteristics has been formed, which is used to guide the development of China’s human rights cause.

Rural Legal Aid in the Perspective of Human Rights:Status Quo and Reform

As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed.

Continuously Performing the Consultation and Social Service Roles of Human Rights Bases

The Ministry of Education and the State Council Information Office have named Renmin University of China as one of the human rights national education and training bases. This shows the full affirmation and trust in the university＇s education, research and training work and also represents encouragement for its future work.

The Background and Core Conception of the Convention on the Rights of Persons with Disabilities: A Review

The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?

A Discussion on Prisoners' Right To Marriage under the Vision of Human Rights Protection

In order to build a harmonious society, the basic human rights of citizens must be fully ensured. In the field of human rights protection, China has got considerable achievements. With continuous development in China＇s prison system reform,

Asset allocation： Evidence From China

As a key part of a corporate＇s operation, Asset allocation is critical to its survival and development This paper uses Markowitz financial security portfolio theory on corporate＇s asset allocation, to derive the optimal asset allocation for an corporate in China through case study.

ASSESSMENT AND ANALYSIS OF CORRUPTION IN CHINA

Criminal corruption refers to instances in which employees of the government,private companies or other work units take advantage of their position to embezzle funds or accept bribes.The state of criminal corruption can be assessed both objectively and subjectively;both methods exhibit insufficient accuracy in some respects.Presently,criminal corruption is a severe problem in China,~1 having become both systemic and socially ingrained.Causes of corruption can be traced back to human nature and instincts,social practices,and the general operation of the systems in question.A clear understanding of these causes can provide us with a method for developing countermeasures.

A COMMENTARY ON ’SIX FACES OF GLOBALIZATION’:HOW ARE THE GLOBALIZATION NARRATIVES PLAYED OUT IN CHINA?

I.INTRODUCTION Globalization,an extremely complex and controversial phenomenon that is characteristic in our society,exhibits itself in many faces including economic,social,technological,cultural,and political dimensions.;Among the tremendous amount of literature on this subject,the recent bestseller Six Faces of Globalization:Who Wins,Who Loses,and Why It Matters?(hereinafter referred to as Six Faces)authored by Anthea Roberts and Nicolas Lamp,stands out as a must-read with respect to understanding the contemporary debates on economic globalization from a holistic perspective.

SPECIAL ISSUE： RULE OF LAW CHINAAND THE WORLD Introduction

Since the end of WWII, the rule of law, as one of the great products of civilization, has been widely implemented. In addition to the developed West, many developing countries have begun to introduce the principles and status of the rule of law in their constitutions. Although the rule of law in particular countries displays both universality and particularity, the international and the national, and the national and the local, it cannot be denied that no country implementing the rule of law will cavil at the esteem in which the law is held in national, social and civic life. The rule of law has thus become the greatest common divisor in the encounters between different civilizations, and an important sign of the progress of civilization.

Advancing Judicial System Reform

The Third Plenary Session of the 18th CPC Central Committee adopted the decision on"major issues with respect to comprehensively deepening reforms,"and proposed the objectives of judicial reform.They include:guaranteeing that adjudicative and procuratorial powers are exercised independently and impartially according to law;improving the operation mechanism of judicial power;and improving the judicial protection of human rights.

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE DUNCAN KENNEDY＇S THREE GLOBALIZATIONS IN THEORY AND IN PRACTICE： A CHINESE PERSPECTIVE

On March 11, 2014 （Beijing） and March 10, 2014 （Boston）, scholars from China and the U.S. attended the inaugural Renmin University International Virtual Workshop （RUIVW）. A new platform for scholarly communication, RUIVW takes advantage of the internet videoconference technology to convene scholars from various parts of the world to discuss Professor Duncan Kennedy＇s work, three Globalizations of Law and Legal Thought： 1850-2000. Professor Duncan Kennedy＇s seminal work on the globalization of law and legal thought was introduced to China in 2009, when Gao Hong]un, a Chinese legal philosopher, took on the task of translating it into Chinese.1 The article （hereinafter ＂Three Globalizations＂） has since been treated seriously by the Chinese legal academia, with prominent figures such as Professor Gao discussing the work in depth and a number of doctoral theses devoted to analyzing its core ideas.2 RUIVW was yet another occasion for Chinese scholars to engage its ideas and try to bring its insights to the Chinese context. The participants of R UIVW on the Chinese side are accomplished jurists and promising young scholars in jurisprudence, private law and public law. On the American side, Professor William Alford is a leading scholar in comparative law and a long-time friend of the Chinese legal academia. Professor Kennedy is an eminent figure in jurisprudence and founder of Critical Legal Studies （CLS）. The Doctor of Juridical Science （S.J.D.） candidates from Harvard Law School and Professor Shen Yuanyuan, a legal scholar teaching at Boston College of Law and Zhefiang University, attended the workshop as well. The workshop participants discussed issues such as legal transplantation, the globalization of legal thought, the rule of law, the judicial system, the evolution of legal norms, etc. It was a fruitful and enlightening experience for all the participants.The following is the transcript of the first R UIVIW session.

WRONGFUL CONVICTIONS AND THE EXCLUSIONARY RULES IN CHINA

Wrongful conviction is the shadow of the criminal justice system. Under this shadow are the flaws and deficiencies of the system, which must be shed light on in order to instigate and promote reforms and improvements to the system. Extracting confessions with torture is a major cause for wrongful convictions in China. The exclusionary rules against illegally obtained evidence should be an effective way to eliminate tortures from criminal justice. The Provisions on Several Issues Concerning the Examination and Evaluation of Evidence in Death Penalty Cases and the Provisions on Several Issues Concerning Exclusion of Illegal Evidence in Criminal Cases and the newly amended Criminal Procedure Law have made progresses in this regard, but we still have a long way to go to turn the laws on paper into the rules in action.