作为政府工具的隐私影响评估:缘起、价值、实施与启示

隐私影响评估作为政府保护公民隐私的重要工具,已在西方发达国家隐私管理实践中有着二十多年的应用与发展历程。西方隐私影响评估缘起于公众隐私保护诉求和政府隐私管理需要,在特定的政府信息数据管理项目中通过识别隐私风险因素、评估隐私风险影响和制定隐私风险应对方案发挥着一系列积极作用。隐私影响评估的实施分为准备阶段、分析阶段和落实阶段。准备阶段的任务是描述评估锚定项目、选择评估执行时机、确定评估执行主体和明确评估协商对象,分析阶段的任务是描述项目信息流动、识别项目隐私风险和制定风险应对方案,落实阶段的任务是发布隐私评估报告、实施风险应对方案和持续更新评估结果。西方隐私影响评估的丰富实践给我国制定隐私影响评估指南、设置隐私影响评估机构、构建多元主体协商机制和建立隐私风险管理体系提供了重要启示。     

我国著作权合理使用判断标准的反思与重构

因素主义和规则主义是世界各国著作权合理使用判断标准的两种基本模式,各有利弊.我国立法目前采用完全的规则主义模式,在实践中造成了判断标准的僵化,无法完全适应现实生活的需要.以利益平衡为原则,以作品的使用目的、被使用作品的性质、使用作品的程度以及对被使用作品的市场影响为要素并辅之以具体规则的"原则 要素 规则"的模式应当成为我国著作权合理使用判断标准的重构方向.     

Conditional impact of facebook as an information source on political opinions: the case of political reform in Hong Kong

This study is interested in the impact of Facebook as a source for political information on public opinion during political controversies. In a society where the mainstream media are under heavy influence by the dominant power and yet Internet communication is largely open and free, social media may become particularly important for the transmission of critical information and viewpoints. The social media information environment may exhibit an overall ‘anti-establishment bias.’ However, the impact of social media should vary across individuals depending on the extent and character of user selectivity. Analysis of data collected during the political reform debate in Hong Kong (N?=?3,246) show that reliance on Facebook as an information source relates negatively to support for the government’s reform proposal. But the relationship is strongest for people without a strong political orientation and people who do not name any newspapers as their main information source. General theoretical implications of the findings are discussed.     

Development and testing of a comprehensive ageing problem scale for community-living older adults in South Korea

This study was undertaken to develop and validate an instrument for gerontological policymakers, practitioners, and researchers to comprehensively assess the nature and severity of problems experienced by older adults. The Comprehensive Ageing Problem Scale (CAPS) for older adults living in the community was created as a reliable and valid instrument that is easy to use. A cross-sectional strategy was utilized, in which a total sample of 1060 older South Korean adults was selected (through a proportionate random-stratified sampling method) from four regions nationwide. The psychometric properties of the instrument were verified using item analysis, exploratory factor analysis (EFA), and confirmatory factor analysis (CFA). To achieve cross-validity, the total sample was randomly divided into two groups. The first group (for the EFA) was employed to identify the factor structure of the initial scale. The second group (for the CFA) was used to confirm the factor structure of the revised scale with the first group. The final version of the 19-item CAPS with four factors showed good internal consistency and a CFA confirmed the acceptability of the model fit.     

Measuring the Effectiveness of Routine Child Protection Services: The Results From an Evidence Based Strategy

Most of what is known about the effectiveness of child welfare is found in studies of specific programs. Little is known about the effectiveness of the routine services provided in child protection systems. Family and Children's Services of Renfrew County is a Canadian child welfare agency that decided to expand its mission beyond protecting children to include enabling child development. This article discusses its effort to improve outcomes for children receiving a child protection service at home: the key elements examined are the selection of outcomes, the implementation of a child development strategy, and the collection and analysis of outcome data. Many of the findings are encouraging. The outcomes described rely on parents, social workers, and children and youth as sources of information. The triangulation resulting from combining a number of sources and instruments for the collection of the outcome data supports the credibility of the findings. Through the evidence based strategy that was adopted knowledge was acquired about what is possible in attaining better developmental outcomes in the course of child protection intervention.     

Political Bias and Methodological Failure in Assessing Environmental Impacts of Development Projects: Comparative Analysis of the High Aswan Dam and Calaca Thermal Power Plant Development Projects

Environmental impact assessment (EIA) by various sectors for development activities still needs operational guidelines to avoid failures. The High Aswan Dam in Egypt and the Calaca Thermal Power Plant in the Philippines were examined to delineate lessons. Three sorts of methodological failures were identified in these cases, although they differ in many aspects. They are (1) preoccupation with the previous case, (2) oversimplified assumptions about cause and effect, and (3) lack of a holistic viewpoint. These cases were also influenced by political biases, which led to inappropriate assessment methodologies and, subsequently, to erroneous conclusions. Care should be taken to avoid these universal failures in carrying out an assessment.     

Safety Considerations in Political Decisions: A Case Study of Changes to the Norwegian Aviation System

Following the international deregulation act of 1994, the structure of the Norwegian aviation system has undergone several important changes. This paper describes the terms dictated by the political environment and the different administrations for implementing the changes. Our analysis addresses the inclusion of safety considerations in the specific decisions, and questions whether safety evaluations have had any impact on the change processes. The changes included the restructuring of airlines, new terms of competition, regulatory changes, the separation and relocation of the civil aviation authority, and privatization and efficiency reforms in the new infrastructure company. Safety in aviation and the risk of aviation accidents were not issues that featured prominently during the early change management processes. These aspects were first considered when the parties realized that changes were imminent and conflicts began to emerge. The different parties involved used the safety concept in various ways to legitimize or counteract changes. Our analysis concludes that risk is a complex concept that is difficult to communicate in a rational political decision process, but the emotive element in the risk concept opens for political speculations that facilitate discussion of ethical responsibilities.     

Educational figures as models for empathetic communication at school： An exploratory examination of an integrative assessment model

This paper presents an exploratory examination of a methodology deliberated to quantify empathetic modeling in Israeli schools. Approximately half a dozen disciples and 3-5 teachers in each of 102 elementary and high-schools from various regions of Israel, affiliated with different educational sectors, participated in the study, which was conducted by 40 well trained interviewers. Using sophisticated algorithms, integrative scores were extracted in order to represent each school＇s pupils-teachers fit in viewing the empathetic approach by the school＇s leading educational figures. The results are conceived as indicative of the viability of the to-be-evaluated assessment method and the construct of school-empathy. Applied implications are suggested and continued research deliberated to test the hypothesis of an inverse causal connection between school-empathy, and school-violence is proposed.     

论刑法中重复评价的本质及其禁止

犯罪行为的本质是客观上侵犯了刑法所保护的法益,主观上反映出行为人反规范的人格态度。所谓重复评价,表面上是在定罪量刑时对存在论上的同一犯罪行为进行了重复使用,但本质上是对其所反映出来的同一不法内涵和同一罪责内涵进行了重复考量,结果导致重复处罚。禁止重复评价的本质则相应表现为禁止对反映同一不法内涵和同一罪责内涵的同一犯罪行为进行重复使用。     

论风险评估和风险预防的一致性——以《卡塔赫纳生物安全议定书》的相关规定为视角

作为国际社会第一个有约束力的专门规范转基因生物越境转移的多边环境协定———《卡塔赫纳生物安全议定书》,既要求转基因生物进口国的有关决定要以风险评估为基础,又包含了有关风险预防的若干规定。风险评估不会先天地阻碍或抵消风险预防在决策过程中的作用。同时,风险预防是以风险评估为基础的风险预防,当然也不会与基于科学证据的风险评估相冲突。《卡塔赫纳生物安全议定书》中规定的风险评估和风险预防是完全协调一致的。