China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since pati...China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since patients’capacity to consent is the prerequisite,when the patient is a fully competent person,it is sufficient to give consent based on valid notification by the doctor.However,for those who are unable to give valid consent,especially adult patients with impaired capacity,resolving the legality of the doctor’s medical conduct remains an issue when it infringes on the patient’s body and health.To solve this issue,someone must give consent in place of the patient when the adult is unable to give valid consent.However,the personal and exclusive nature of the right to medical consent,which is informed consent,makes it impossible to simply delegate it to a guardian or other person to exercise it on behalf of the patient.In this paper,we borrow the concept of“medical proxy”proposed by Japanese scholar Teruaki Tayama,and for the first time,we discuss the construction of medical proxy from the perspective of adult guardianship by connecting the two systems from the standpoint of interpretive theory.展开更多
The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the devel...The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.展开更多
The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy r...The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.展开更多
The Western fundamentalist view of human rights,in contrast to Chinese society and culture,is external,and thus provides"conceptual form," "thinking method" and "theoretical technique"but...The Western fundamentalist view of human rights,in contrast to Chinese society and culture,is external,and thus provides"conceptual form," "thinking method" and "theoretical technique"but not concrete content.In the traditional Chinese ideology,the time-honored group standard cannot be replaced by the individual standard.In New China,priority is given to the freedom and independence of "everyone" and the realization of rights and interests for"all".Contemporary China combines the human rights conception in Marxism with China’s concrete reality.Meanwhile,it integrates the socialist idea of equality with the traditional culture of the Chinese nation,creating a dual-guarantee system for universal values and individual rights.It gives a clear-cut expression to contemporary China’s rich traits of the cultural tradition of emphasizing progress for all and the equality for all,the priority of realizing the survival and development of the people,and the reference to the achievements of human rights civilizations of other countries.Human rights development in contemporary China must further consolidate the political conditions and institutional base for realizing the "public " goal of human rights and build a solid institutional guarantee for the "private" value orientation of human rights,by means of the construction of the whole-process people’s democracy.展开更多
A Community with a Shared Future for Mankind is China's proposition to establish a fair and equitable international order. Just as in any other community, a Community with a Shared Future needs common values to br...A Community with a Shared Future for Mankind is China's proposition to establish a fair and equitable international order. Just as in any other community, a Community with a Shared Future needs common values to bring its members together. To build a new model of relations featuring win-win cooperation, a Community with a Shared Future should attach great importance to the overall interests of mankind and consider the protection of human dignity and human rights as the highest purpose and objective, ensuring that inevitably, human rights become its common values. On the other hand, to build a Community with a Shared Future, we should reconstruct the concept and system of human rights from the perspective of developing countries, instead of from the perspective of Western powers.展开更多
基金a stage achievement of the Research on the Deregulation of Enterprise Annuity Funds in Liaoning Provincea 2020 Liaoning Provincial Social Science Fund project(Project Approval No.I20AFX004)。
文摘China has established the basic rules of informed consent in the medical field through Articles 1219 and 1220 of the tort liability part of the Civil Code of China to address the legality of medical conduct.Since patients’capacity to consent is the prerequisite,when the patient is a fully competent person,it is sufficient to give consent based on valid notification by the doctor.However,for those who are unable to give valid consent,especially adult patients with impaired capacity,resolving the legality of the doctor’s medical conduct remains an issue when it infringes on the patient’s body and health.To solve this issue,someone must give consent in place of the patient when the adult is unable to give valid consent.However,the personal and exclusive nature of the right to medical consent,which is informed consent,makes it impossible to simply delegate it to a guardian or other person to exercise it on behalf of the patient.In this paper,we borrow the concept of“medical proxy”proposed by Japanese scholar Teruaki Tayama,and for the first time,we discuss the construction of medical proxy from the perspective of adult guardianship by connecting the two systems from the standpoint of interpretive theory.
文摘The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.
文摘The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.
基金the initial result of a major project of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the Beijing Social Science Foundation.The name of the project is“Research on General Secretary Xi Jinping’s Important Discourse on Human Rights”(Project No.21LLFXA051)。
文摘The Western fundamentalist view of human rights,in contrast to Chinese society and culture,is external,and thus provides"conceptual form," "thinking method" and "theoretical technique"but not concrete content.In the traditional Chinese ideology,the time-honored group standard cannot be replaced by the individual standard.In New China,priority is given to the freedom and independence of "everyone" and the realization of rights and interests for"all".Contemporary China combines the human rights conception in Marxism with China’s concrete reality.Meanwhile,it integrates the socialist idea of equality with the traditional culture of the Chinese nation,creating a dual-guarantee system for universal values and individual rights.It gives a clear-cut expression to contemporary China’s rich traits of the cultural tradition of emphasizing progress for all and the equality for all,the priority of realizing the survival and development of the people,and the reference to the achievements of human rights civilizations of other countries.Human rights development in contemporary China must further consolidate the political conditions and institutional base for realizing the "public " goal of human rights and build a solid institutional guarantee for the "private" value orientation of human rights,by means of the construction of the whole-process people’s democracy.
文摘A Community with a Shared Future for Mankind is China's proposition to establish a fair and equitable international order. Just as in any other community, a Community with a Shared Future needs common values to bring its members together. To build a new model of relations featuring win-win cooperation, a Community with a Shared Future should attach great importance to the overall interests of mankind and consider the protection of human dignity and human rights as the highest purpose and objective, ensuring that inevitably, human rights become its common values. On the other hand, to build a Community with a Shared Future, we should reconstruct the concept and system of human rights from the perspective of developing countries, instead of from the perspective of Western powers.
