不利个人信息与隐私保护

不利个人信息是指对公民人格利益产生不利影响的个人信息,如犯罪纪录、行政处罚、行政处分纪录等.这类信息是否属于个人隐私,应否受到法律保护以及如何保护在理论上存有争议.探讨这一问题对于保护特定群体的人格利益和建立和谐社会具有一定的理论意义和价值.     

人身自由权之概念析

人身自由权是公民最重要的自由权之一。但是,目前在我国理论界及司法实践中,对人身自由权这个概念的运用并不统一,因此,我们有必要准确地界定人身自由权的外延和内涵。人身自由权是指在法律规定的范围内,公民的身体活动及思维活动和精神安宁,不受他人非法限制和妨碍的民事自由权利,它包括身体自由权和精神自由权。     

论潜伏性人身损害的赔偿

随着科学技术的发展和疾病知识的普及,潜伏性人身损害的赔偿问题日益引起重视。既有立法基本不对损害进行界定,潜伏性人身损害更不会在立法文本中得到体现,但是既有损害概念的学理解释可以为潜伏性人身损害的赔偿提供认识基础。对潜伏性人身损害予以赔偿有其必要性,但是也会对传统侵权法带来挑战。虽然如此,既有司法实践还是积极回应受害人的赔偿诉求,从概念扩张和利益平衡等角度进行了大胆探索。为了有效解决潜伏性人身损害的赔偿问题,既需要从损害概念的更新方面做出努力,又需要从诉讼中的证明责任、证明能力等角度进行变革。     

Towards a Global Regulatory Framework for Cross-Border Data Flows—Fundamental Concerns and the China’s Approach

Cross-border data flows not only involve cross-border trade issues, but also severely challenge personal information protection, national data security, and the jurisdiction of justice and enforcement. As the current digital trade negotiations could not accommodate these challenges, China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system, including control system for overseas transfer of important data, system of crossborder provision of personal information, and system of cross-border data request for justice and enforcement. To explore a global regulatory framework for cross-border data flows, legitimate and controllable cross-border data flows should be promoted, supervision should be categorized based on risk concerned, and the rule of law should be coordinated at home and abroad to promote system compatibility. To this end, the key is to build a compatible regulatory framework, which includes clarifying the scope of important data to define the “Negative List” for preventing national security risks, improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure, and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.     

‘A Fair Day’s Wage for a Fair Day’s Work’? Exploring the connection between the parliamentary work of MPs and their electoral support

Electoral systems across Europe increasingly invite candidates to build up a personal reputation to earn votes. In this article, we investigate whether parliamentary work can be considered as a personal vote-earning attribute for incumbent MPs based on data of the 2014 elections in Belgium. The results show that when parliamentary work is operationalised in a narrow way (i.e. as the number of bills and the number of oral and written questions of an MP), this has no influence on the amount of preferential votes. When parliamentary work is defined in a broader way (i.e. also including other aspects of the legislative and control function of MPs), parliamentary work has a significant positive effect for MPs from opposition parties. This supports the claim that the number of legislative and control activities is not sufficient to measure the impact of parliamentary work on preferential votes, but that also other aspects of the work should be taken into account.     

Searching for Kin Amidst Tragedy—Disaster Victim Identification Operations for US Bangla Flight 211

The nature of air disasters includes factors that exacerbate challenges in the identification process. Of the 49 deceased in the US Bangla air crash in Kathmandu, Nepal, four were intact, 11 presented with burn injuries, another 11 presented with partial charring, and 23 were completely charred. Personal belongings were useful in the identification phases for all types of victims. Fingerprints were obtainable and useful in intact victims and victims with less severe burn injuries; medical and surgical information was useful in bodies with burn injuries; finally, dental findings were useful in cases of extensive charring. Other useful methods in the process included marks of identification, physical features, and exclusion. In certain resource‐limited settings, especially in closed population disasters, where scientific identification (DNA, dental records, etc.) is not currently available, personal belongings, clothing, and physical findings analyzed by an identification team using a structured organization may be cautiously used as the primary means of identification.