查看更多>>摘要：The advent of the big data era has presented unprece-dented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is un-able to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive ele-ments and general clauses.It both overcomes the rigidity of the"all-or-nothing"legal effect evaluation mechanism of the"element-effect"model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringe-ment under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation ele-ments,this framework can achieve a flexible evaluation of the consti-tutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of person-al information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.
查看更多>>摘要：There is a broad connection between finance and hu-man rights,with finance having both positive and negative impacts on human rights.Everyone has a need for access to financial services.Documents in both the international human rights and international finance fields address the relationship between financial services and human rights.Among financial services,microcredit and inclusive fi-nance have the closest connection to human rights and potentially the greatest impact on human rights.Access to financial services promotes economic,social,and cultural rights as well as the rights of specific groups.The conditions for access to financial services to promote human rights require the state to assume obligations to recognize,re-spect,protect,and fulfill the need for individuals to access financial services,and to ensure the availability,accessibility,acceptability,and adaptability of basic financial services.Access to financial services has played a significant role in China's comprehensive victory in the battle of poverty alleviation,providing valuable experience for the international community in poverty eradication,achieving sustainable development goals,and protecting and promoting human rights.
查看更多>>摘要：The European Court of Human Rights(ECtHR)has ruled that illegal indirect entrapment must meet three criteria simulta-neously.This mixed standard requires that the previous direct entrap-ment violates the"essentially passive,"subsequent indirect entrap-ment satisfies the"reasonable foreseeability,"and police entrapment of secondary defendants to commit crimes is considered"decisive."The legal consequences of indirect entrapment are distinguished be-tween general indirect entrapment and illegal indirect entrapment.The basic position of the ECtHR on the consequences of illegal indi-rect entrapment has shifted from supporting mitigating penalties to recognizing procedural dismissal,and general indirect entrapment is considered a mitigating factor in sentencing.Against the backdrop of increasing internationalization of criminal justice standards,the above criteria and positions have strong implications for the improvement of relevant rules in China.
查看更多>>摘要：On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75th Anniversary of the Universal Declaration of Human Rights.Partici-pants discussed topics such as the significance of the Universal Decla-ration of Human Rights,China's theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discus-sions led to a broad consensus and achieved positive results.
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