论我国基因信息不知情权的确立

基因信息对健康状况具有强烈的预测性,出于诸种原因当事人未必想知晓基因信息.为充分尊重自我决定权,比较法上承认权利人享有基因信息不知情权.基因信息不知情权指权利人有权预先决定是否接受基因信息的披露,其核心要义为“知情拒绝权”.基因信息不知情权旨在保障权利人对基因信息的自主控制,在我国隐私权与个人信息区分规制的立法模式下,...     

The Majority of Policemen Do Not Know the Law "On the Police"

More than two-thirds of Russian policemen do not know the Law "On the Police," according to a four-month survey of more than 2,000 policemen in Moscow, St. Petersburg, Kaliningrad, Kaluga, Stavropol krai, and Smolensk oblast.     

消费者的知情权

在信息社会中 ,知情权日益受到人们的重视。消费者的知情权是消费者权利体系中的基础性权利。消费者与生产者、经营者之间的信息不对称是法律赋予消费者知情权的原因。知情权作为确立消费者人格的基础 ,除了要求生产者、经营者履行信息披露义务之外 ,还要求政府的积极保护 ,实现对消费风险的事先控制 ,从而更好地保护消费者。     

知情权的权利属性探讨

本文以“政策──原则”分析框架为基础 ,探讨了知情权的权利属性及其对中国信息公开制度建设的启示意义。作为原则维度 ,知情权在信息公开立法的地位与功能虽不容忽视 ,但其重要性却远不及信息公开立法的政策维度。知情权至今在大多数国家既不是宪法性基本权利 ,也不是必然的法定权利 ,但其主体、客体、内容、界限却已基本成型。认清知情权的这些特点对进行符合中国实际的信息公开立法 ,推进民主行政、透明行政和依法行政具有深远的指导意义     

Why Do They Not Comply with the Law? Illegality and Semi‐Legality among Rural‐Urban Migrant Entrepreneurs in Beijing

Based on in-depth interview materials, this article examines why most rural-urban migrant entrepreneurs in Beijing do not fully comply with a discriminatory license requirement, and in particular, why they prefer license-renting from the locals. This article suggests that the law's lack of legitimacy adds weight to instrumental considerations. But more important, this license-renting practice seems to be reinforced and sustained institutionally by local businesses, law enforcement officers, and the local authorities, because their interests are inextricably intertwined with it. The whole situation constitutes a general equilibrium through which various interests are balanced. This case study thus paints a far more complicated picture of the law's impact on people's behavior than usually assumed. Instrumental concerns, or coercive action and sanctions alone, do not adequately explain people's interaction with the law in a "lawless" circumstance; a whole range of instrumental concerns must be considered, and they, together with sanctions, must be understood in the context of a larger institutional environment in which the interactions of various players unfold.     

Correction to: Bystander Intervention Efficacy to Reduce Teen Dating Violence Among High School Youth Who Did and Did Not Witness Parental Partner Violence: A Path Analysis of A Cluster RCT

Journal of Family Violence -     

Bystander Intervention Efficacy to Reduce Teen Dating Violence Among High School Youth Who Did and Did Not Witness Parental Partner Violence: A Path Analysis of A Cluster RCT

Journal of Family Violence - Youth who witness parental intimate partner violence (IPV) are at increased risk of teen dating violence (DV). This analysis of secondary data investigated whether a...     

Popular Constitutionalism's Hard When You're Not Very Popular: Why the ACLU Turned to Courts

Through a case study of the early American Civil Liberties Union (ACLU), this article examines the empirical ramifications of constitutional scholars' recent exhortations to "take the Constitution away from the courts" in order to promote democratic deliberation about constitutional meaning. While it is now one of the most prominent examples of a litigation-based interest group, the ACLU began its existence demonstrating a commitment to constitutionalism outside the courts. Through coding a decade's worth of meeting minutes and examining archival sources, I demonstrate that the ACLU's mounting unpopularity rendered extrajudicial politics impossible, precipitating the ACLU's shift toward litigation. The ACLU's move toward litigation, despite its early devotion to political activism outside the courts, suggests that it is not always possible for political actors to make constitutional arguments without courts. Furthermore, the ACLU's use of courts to publicize and dramatize its constitutional arguments demonstrates that litigation may actually promote popular deliberation about constitutional meaning. These political realities both highlight and contradict two empirical assumptions underlying arguments about the normative desirability of restricting courts' involvement in constitutional politics. First, the state is not a neutral arena in which all political actors are equally free to pursue their constitutional visions through majoritarian processes. Second, courts may facilitate (rather than hinder) popular deliberation about constitutional questions.     

Labelling Genetically Modified Food: The Right to Know

Genetically modified ('bio-engineered' or 'transgenic') food has been at the centre of a transatlantic legal controversy for well over a decade – with the EU insisting on mandatory information disclosure to consumers and the USA resisting it. This article reviews recent developments in three global institutions dealing with the issue: the Dispute Settlement Body of the World Trade Organization (the 2006 Biotech Products Panel Report); the Biosafety Protocol of the Convention on Biological Diversity (the 2006 Curitiba Rules); and the Codex Alimentarius (the 2006 session of the Committee on Food Labelling). The focus of attention appears to be shifting, from initial concerns over risk communication towards a debate over democratic governance: 'right-to-know' versus 'need-to-know'.     

知情权法律救济在我国遭遇的尴尬

<政府信息公开条例>的实施,在一定程度上保障了公民的知情权.然而<条例>在规定知情权法律救济途径时,由于并未充分考虑其独特的性质,故知情权如遭受侵害,在行政复议、行政诉讼、国家赔偿等传统的救济手段中面临诸多困惑与尴尬.因此,在宪法中明确赋予公民知情权以基本权利的地位;待时机成熟提升条例的法律位阶,变条例为法律;调整行政复议、行政诉讼的审查方式,增加屏蔽审理程序;提高公民权利观念,加强政府法治理念,畅通救济途径,才能更加有效地保障公民的知情权.     

The Culture of the WTO: Why it Needs to Change

The WTO is an international organization with its own distinctiveculture, which is derived from the practice and experience ofthe GATT. The WTO, however, is not the old GATT. The multilateraltrading system was transformed into an international organizationin 1995, and today, the WTO also administers a host of agreementsthat contain detailed rules regulating international economicactivity. The membership of the WTO has grown to 150, the vastmajority of which are developing countries. Most importantly,the trading system, which was once bi-polar, driven by the UnitedStates and the European Union, has changed dramatically to becomemulti-polar, with the large emerging economies, such as China,India and Brazil, becoming major economic powers in their ownright. The WTO needs major surgery in order to respond effectivelyto the new political realities in the international economicsystem. The current impasse in the Doha Round is in large partdue to the great transformation in geopolitical power relationshipstaking place in the world today. If the Round fails, it willnot be the end of the WTO. On the contrary, it might providea useful ‘time out’ for the multilateral systemto find its new stride. A related problem is that the mandateof the WTO is no longer clear. This article suggests that WTOMembers work together to define the new purpose and mandateof the WTO to make it relevant to governments, companies andpeople in the 21st century. Institutional reform of the WTOis needed to provide it with the architecture and decision makingmachinery that will allow it to become a vibrant, responsiveand accountable organization.     

The Limits of Disclosure: What Research Subjects Want to Know about Investigator Financial Interests

Research participants' views about investigator financial interests were explored. Reactions ranged from concern to acceptance, indifference, and even encouragement. Although most wanted such information, some said it did not matter, was private, or was burdensome, and other factors were more important to research decisions. Very few said it would affect their research decisions, and many assumed that institutions managed potential conflicts of interest. Although disclosure of investigator financial interest information to research participants is often recommended, its usefulness is limited, especially when participation is desired because of illness.