2023, 29(5):198-211.DOI: 10.11835/j.issn.1008-5831.fx.2023.08.001
Abstract:Personal information infringement damage stems from infringement of rights and interests relating to personal information or other personal and property rights and interests, and the new characteristics and complex forms of damage have caused relief difficulties. Constrained by the inability of traditional damage concept to respond to the actual needs of risk governance in the information society, personal information infringement risky damage (increased risk of future harm, costs of risk prevention, anxiety about the increased risk of future harm) faces difficulties when seeking relief based on traditional theory of infringement damage. Resolving the problem of personal information infringement risky damage relief requires both theoretical support and methodological guidance. The compensability of risky damage can be justified because the risk conforms to the qualitative prescriptiveness of damage (the essential attribute of legal disinterest) and the quantitative prescriptiveness (conforms to specific legal standards), and it is the objective need to realize the multiple functions of tort law in the era of big data and conforms to the logical deduction of the legal system. The cognizance of risky damage can be based on dynamic system theory as the methodological basis for interest balancing, the substantial risk standard and reasonableness standard constitute the basic evaluation in the dynamic system theory analysis framework, and the type and quantity of personal information, the purpose, method, duration of information processing, the circumstances of risk prevention measures taken and the impact consequences and so on are the elements in the dynamic system theory analysis framework, and the relevant elements should be comprehensively measured in specific cases and judged in combination with corresponding legal standards.
2020, 26(2):163-173.DOI: 10.11835/j.issn.1008-5831.zs.2019.12.005
Abstract:Since the founding of New China, the Communist Party of China has continued to promote the process of national system construction, which is the process of continuous system innovation under the guidance of the basic principles of Marxism.This historical process is divided into three phases:the initial exploration of establishing and perfecting the socialist system (New Chinas founding-the 3rd Plenary Session of the 11th CPC Central Committee), the creation and establishment of the socialist system with Chinese characteristics (the Third Session of the 11th CPC Central Committee-the 18th National Congress of the CPC), the maturity of the socialist system with Chinese characteristics (since the 18th National Congress of the CPC).This is a one-way, consistent and advancing process, and in essence, it is the theoretical and practical exploration of the Party leading the people to the socialist system.From the establishment of the socialist system to the establishment of the socialist system with Chinese characteristics, it is a historical leap in the history of the socialist system, and the establishment of the socialist system with Chinese characteristics to the maturity of the socialist system with Chinese characteristics will be another new leap in the history of system construction.The 4th Plenary Session of the 19th Central Committee of the Communist Party of China made pioneering research and systematic solutions to the problems of the national system and the national governance system, comprehensively summarized the significant advantages of the socialist system with Chinese characteristics and the system of national governance, scientifically depicted the map of the socialist system with Chinese characteristics, and systematically innovated the theory of the socialist system with Chinese characteristics.It marks that the Partys understanding and practice of national system construction have reached a new height.
1998, 4(3).
Abstract:On the basis of discussing the history and superiorities of the credit system and the elective course system, it investigates the elective course effect and analyzes its positive and negative effect. And then it proposes countermea-sures for further imple
1998, 4(3).
Abstract:The natural unemployment rate is the inevitable results and necessary conditions of realizing the beneficial type of employment targets under the market economy. With the deepening reform of the socialist market economic system, Chinese employment system