查看更多>>摘要：Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous strug-gle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important com-ponent of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that hu-man rights are not only a concept or an idea but also a grand histor-ical and long-term social practice.Up to now,the development of hu-man rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the devel-opment of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmen-tal;the concept of human rights is constantly evolving,and its con-notations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civili-zation to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enrich-ing and developing the diversity of human rights civilization for all mankind.
查看更多>>摘要：Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese moderniza-tion is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human devel-opment and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Hu-man rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social nor-mative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights pro-tection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and digni-ty through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessi-tating an appropriate balance and thereby presenting corresponding requirements for China's approach to human rights protection.
查看更多>>摘要：Protection of personal information is a significant issue in the construction of legal systems in various countries in the infor-mation age.Introducing a balanced approach for protecting personal information is an important goal of basic human rights protection and data legislation.Personal information protection involves comprehen-sive considerations among various values,and the balanced structure between personal information rights and other rights systems has become the key to legislation on personal information protection.The"news exception"is a prominent example representing the balanced structure of personal information protection.As a societal instrument,news not only pursues commercial value but also advocates freedom of expression and public value.There exists a natural tension between news and personal information protection.The"news exception"of the balanced structure has become a fundamental requirement and im-portant connotation for constructing a system for protecting personal information.The balanced structure of the"news exception"requires a reasonable definition of the concept and purpose of news,and both the self-discipline within the news industry and the judicial interven-tion are necessary factors.China has preliminarily completed the top-level legislative design of personal information protection through laws such as the Civil Code of the People's Republic of China(PRC)and the Personal Information Protection Law of the People's Republic of China.However the balanced mechanism of the"news exception"has not yet been fully established in China.A"news exception"based on the ideas of balance and the improvement of the institutional system is the fundamental principle for the development of China's personal information protection system.
查看更多>>摘要：The Human Rights Action Plan of China(2021-2025)introduces and separately lists the term"Individuals'Information Rights and Interests"and places it in the second section,"Civil and Political Rights."Although academia has combined Article 1 of the Personal Information Protection Law,which states"this law is enact-ed in accordance with the Constitution,"to argue for the constitution-al basis of the fundamental rights involved in personal information protection,this"basic rights theory"does not adequately emphasize the normative interpretation of Article 33 of the Constitution,which concerns"human rights clause."At the same time,civil law doc-trines also cast doubt on this constitutional argument and question the human rights eligibility of"Individuals'Information Rights and Interests"based on the division between rights and interests.Through reflection and criticism of objective value order theory,a theory of the"human rights value path"characterized by subjectivity,system-aticity,historicity,and contemporaneity has emerged and proved the human rights attribute of individuals'information rights and interests.This theoretical framework analyzes the conceptual correlation be-tween Article 33 of the Constitution,which contains the"human rights clause,"and Article 38 of the Constitution,which pertains to"personal dignity,"throughout history.It reveals the diffusion of personal digni-ty in the fields of"person(Article 37),home(Article 39),correspon-dence(Article 40),and personal information,"and elucidates the"hi-erarchical pattern"that emerges.This explanation demonstrates that the path of human rights values points toward individuals'information rights and interests as human rights in the digital economy era.
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