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Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers 2004 (Excerpt)
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作者 ALL-CHINA FEDERATION OF TRADE UNIONS 《The Journal of Human Rights》 2006年第1期10-17,共8页
During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate... During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers. 展开更多
关键词 WORK In EXCERPT Blue Paper on the Role of Chinese Trade Unions in safeguarding the Legitimate rights and interests of Workers 2004
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On the Lawful Rights and Interests of Mentally Retarded Children——A case study of a rehabilitation center in Liaoning Province
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作者 XIAN KAILIN ,QIAO WEIJU a professor with the School of Marxism of Dongbei University of Finance and Economics and director of the school’s Research Center for Human Rights Theories a postgraduate majoring in politics at the Graduate School of Dongbei University of Finance and Economics 《The Journal of Human Rights》 2012年第4期30-35,共6页
Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights ... Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights and interests of mentally retarded children have greatly improved. But problems in this respect remain serious, and vari- ous levels of government, relevant departments and the public should attach much importance to these problems. This paper, taking a reha- bilitation center in Liaoning Province for mentally retarded children as a single case, studies the protection of these children's lawful rights and in- terests in a systematic manner. 展开更多
关键词 On the lawful rights and interests of Mentally Retarded Children A case study of a rehabilitation center in Liaoning Province CASE
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Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005)(Excerpt)
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《The Journal of Human Rights》 2006年第6期6-11,共6页
EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which cons... EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which consist of 11 parts: preserve the correct orientation of Chinese trade unions as a protector of workers' legitimate rights and interests; protect workers' right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers' labor and economic rights; guarantee workers' democratic and political rights; fulfill workers' spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers' legitimate rights and interests; promote gender equality and protect women workers' special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it. 展开更多
关键词 Blue Paper on the Role of Chinese Trade Unions in safeguarding the Legitimate rights and interests of Workers EXCERPT
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Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract 被引量:2
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作者 WANG Shu-han WU Xiu-min 《Asian Agricultural Research》 2010年第8期61-64,共4页
Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreemen... Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract. 展开更多
关键词 Farmland transfer Farmer's rights and interests rights safeguarding effect AHP China
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A Study on China's Marine Rights and Interests and Their Maintenance 被引量:2
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作者 LIU Yang PEI Zhaobin 《Journal of Shipping and Ocean Engineering》 2017年第1期43-49,共7页
Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situati... Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China's marine rights and interests in order to realize the sustainable development of marine fights and interests. 展开更多
关键词 Marine rights and interests the United Nations Convention on the law international cooperation.
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The Legal Support for the Protection of the Disabled Children's Rights and Interests
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作者 Chang Xiaoming Xu Qiaoxian 《学术界》 CSSCI 北大核心 2014年第9期293-300,共8页
How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obviou... How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests. 展开更多
关键词 权益保护 法律支持 残疾儿童 儿童保护 法律地位 权利 利益
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Discussion on Administrative Law protection for Pension Rights and Interests of the Lost Only-Child Elderly in China
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作者 Zehua Feng 《International Journal of Technology Management》 2016年第2期51-54,共4页
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse... Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly. 展开更多
关键词 the lost only-child elderly Pension rights and interests Administrative law protection.
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Safeguarding Farmer Workers' Rights and Interests——An interview with Ye Jingyi, professor of Beijing University Law School
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作者 YUN XIANG 《The Journal of Human Rights》 2007年第2期8-11,共4页
Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban... Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country's modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems. 展开更多
关键词 work rights and interests safeguarding Farmer Workers professor of Beijing University Law School An interview with Ye Jingyi
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Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China
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作者 BY OUR STAFF REPORTER YOU XUEYUN 《The Journal of Human Rights》 2006年第5期9-12,共4页
EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and... EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions. 展开更多
关键词 An interview with Prof Safeguard lawful rights and interests of Laborers Guan Huai of Law School of Renmin University of China Improve Labor Contract System School
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Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity
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作者 曹薇薇 CHEN Feng(Translated) 《The Journal of Human Rights》 2022年第3期553-580,共28页
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac... The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era. 展开更多
关键词 protecting women’s rights and interests Law on the Protection of Women’s rights and interests legislation system amendment of the law
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Seeking a Common Platform for Safeguarding Women’s Rights and Interests
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作者 YU HUAIQING 《The Journal of Human Rights》 2009年第3期24-27,共4页
"Women's rights and interests are human rights" is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women's right... "Women's rights and interests are human rights" is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women's rights and interests, we cannot but feel gratified to know that we have made great progress. 展开更多
关键词 Seeking a Common Platform for safeguarding Women s rights and interests
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Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures
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作者 ZHANG Qiang1,YIN Huan-ju1,WANG Xue-yan2 1.College of Politics,Sichuan Agricultural University,Ya’an 625014,China 2.Sichuan Water Conservancy Vocational College,Dujiangyan City 600830,China 《Asian Agricultural Research》 2011年第11期19-21,共3页
This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the... This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests. 展开更多
关键词 MIGRANT workers CULTURAL rights and interests Lack
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Revision of Trade Union Law: For Better Protection of Workers' Rights and Interests
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作者 STAFF REPORTER 《The Journal of Human Rights》 2002年第1期13-15,共3页
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat... On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights: 展开更多
关键词 For Better Protection of Workers Revision of Trade Union Law rights and interests
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非法经营同类营业罪的规范构造
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作者 杨绪峰 《政法论丛》 北大核心 2025年第1期171-184,共14页
非法经营同类营业罪保护的是公司、企业的财产法益,不应掺入公共法益的内容,更不应强调“二元罪质”的构造。竞业禁止义务本质上是禁止利益冲突,“损失”和“获利”是利益冲突在不同主体视角下的两个面向,这契合公司法上归入权和损害赔... 非法经营同类营业罪保护的是公司、企业的财产法益,不应掺入公共法益的内容,更不应强调“二元罪质”的构造。竞业禁止义务本质上是禁止利益冲突,“损失”和“获利”是利益冲突在不同主体视角下的两个面向,这契合公司法上归入权和损害赔偿请求权的思维方式。无论是剥夺“获利”的返还进路还是弥补“损失”的填补进路,都旨在保护公司、企业的经济利益,借助该思维方式可以统合本罪不同条款的解释逻辑。“国有公司、企业”仅限于国有独资公司、企业,其“董监高”实施非法竞业行为,获取非法利益尚未达到数额巨大但导致重大损失的,可考虑适用《刑法》第168条。本罪主体的认定可结合管理决策职权进行实质解释,但需顾及新《公司法》的基本取向。 展开更多
关键词 《刑法修正案(十二)》 财产法益 竞业禁止义务 利益冲突 归入权
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平台经济劳动者权益保护的困境及进路
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作者 马志源 《市场周刊》 2025年第4期155-158,共4页
近年来,平台经济迅速发展,创造了大量就业机会。平台经济下的用工具有用工灵活、工作模式多元化、组织方式多元化的特征。平台经济在促进创新创业和提升劳动者收入的同时,也面临劳动关系认定难、职业伤害保障缺失、维权途径缺乏等现实困... 近年来,平台经济迅速发展,创造了大量就业机会。平台经济下的用工具有用工灵活、工作模式多元化、组织方式多元化的特征。平台经济在促进创新创业和提升劳动者收入的同时,也面临劳动关系认定难、职业伤害保障缺失、维权途径缺乏等现实困境,因此,需要利用从属性来修正劳动关系认定模式、完善多层次的社会保障体系、为平台从业者组建行业性工会组织,促进平台经济的高质量发展。 展开更多
关键词 平台经济 劳动者权益 法律保护 劳动关系
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数据产权刑法保护模式的构建 被引量:2
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作者 刘宪权 陈佩莉 《法治研究》 CSSCI 北大核心 2024年第1期63-73,共11页
数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权... 数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。 展开更多
关键词 数据产权 财产性权利 法益定位 刑法保护缺位 妨害数据流通管理秩序罪
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Safeguard Rights and Interests of Women in Accordance with the Law——the Five-Year Anniversary of the Implementation of the Law of the PRC on the Protection of Righ Is and Interests of Women
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作者 DING LU,deputy director of the Righ ts and Interests Department of the ACWF LI JIE 《Women of China》 1997年第10期6-8,共3页
ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women i... ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women in China, was adopted at the fifth session of the Seventh National People’s Congress (NPC), and entered into force on October 1 of the same year. 展开更多
关键词 In PRC the Five-Year Anniversary of the Implementation of the Law of the PRC on the Protection of Righ Is and interests of Women Safeguard rights and interests of Women in Accordance with the Law
原文传递
Pay Attention to Vulnerable Groups & Safeguard Citizens' Marriage, Family Rights——On New Marriage Law
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作者 WU CHANGZHEN 《The Journal of Human Rights》 2002年第1期16-21,共6页
Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standa... Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns 展开更多
关键词 On New Marriage Law Pay Attention to Vulnerable Groups Safeguard Citizens Family rights MARRIAGE
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高价彩礼的法治因应 被引量:2
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作者 付士成 谷静萱 《贵州师范大学学报(社会科学版)》 CSSCI 2024年第4期129-139,共11页
彩礼以缔结婚姻为目的,传统婚姻模式、现代婚姻模式与理想婚姻模式下彩礼的制度原理各不相同。现代婚姻与理想婚姻模式之下,适当彩礼作为一种不违反法律与公序良俗的赠与行为,发挥着平衡男女双方婚育成本和保障女性权益的功能,具备合法... 彩礼以缔结婚姻为目的,传统婚姻模式、现代婚姻模式与理想婚姻模式下彩礼的制度原理各不相同。现代婚姻与理想婚姻模式之下,适当彩礼作为一种不违反法律与公序良俗的赠与行为,发挥着平衡男女双方婚育成本和保障女性权益的功能,具备合法性与合理性,被法治社会所允许。由于存在婚育隐忧、攀比之风、儿女有别及性别失衡现象,适当彩礼在一些地方畸变为高价彩礼。后者有悖社会公共利益,国家法律介入符合比例原则,具备法治正当性。高价彩礼呼吁“软硬混治”:在硬法治理层面,需要明确彩礼的范围并增加倡导性规则,同时完善用人单位保障、社会保障以及家庭保障等综合配套措施。在软法治理层面,要善用软法工具、提高立“法”科学性,宣扬先进文化、完善激励机制并打造多元治理主体格局、树立多措并举意识,让彩礼止于礼。 展开更多
关键词 高价彩礼 妇女权益 婚姻家庭 比例原则 软法
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为形成新型生产关系提供数据法治保障 被引量:1
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作者 许身健 《学术前沿》 CSSCI 北大核心 2024年第11期69-76,共8页
随着大数据、人工智能等数字技术的飞速发展与广泛应用,数据已成为推动经济社会发展的重要驱动力。数据不仅成为一种新型生产要素,而且还引发传统生产模式和生产主体关系发生变革,因此,必须形成与之相适应的新型生产关系。在此背景下,... 随着大数据、人工智能等数字技术的飞速发展与广泛应用,数据已成为推动经济社会发展的重要驱动力。数据不仅成为一种新型生产要素,而且还引发传统生产模式和生产主体关系发生变革,因此,必须形成与之相适应的新型生产关系。在此背景下,形成新型生产关系需要遵循数据法治逻辑,建立明晰的数据产权制度、合理的数据流通制度和公正的数据权益分配制度。为此,有必要制定综合性的数据法律规范、建立跨部门协同的数据治理机制、推动数据技术的负责任创新和构建数字化的权利救济机制。 展开更多
关键词 数据法治 新型生产关系 数据产权 数据权益分配
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