Abstract ：

Cross-border data flow is characterized by multi-direction and rapid dynamic gridding in the big data era. Accordingly, these characteristics necessitate effective regulation for crossborder data flows. The US and the European Union (EU) follow their respective regulatory models for cross-border data flows by considering each one's economic, political, and historical traditions. The 'geographically based'policy of data flows, characterized as internal and external, is the basic position adopted by the EU on cross-border data flows. Although the US regulatory path favors (in principle) the free flow of data across borders, this country actually adopts data protectionism for data involving critical technologies and security areas. Given the political system differences among China, the EU, and the US, China can learn from the experiences of the US and the EU, actively seek value balance between data regulation and free flow, construct its own regulatory model, and establish a diversified data management system. Lastly, China should also actively participate in the international regulation competition on cross-border data flows, thereby giving the country a voice in the international arena. © Published under licence by IOP Publishing Ltd.

Keyword ：

Big data Data flow analysis Data transfer Information management International trade Privacy by design

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Abstract ：

Personal information protection and privacy interact in diverse ways, especially in the contemporary information age. Although books and articles have focused on this topic, the new tendencies of worldwide legislation and judicial practice bring challenges, as the legal construction of personal information protection and privacy differs from culture to culture and time to time. In 2017, the General Provisions of the Civil Law of the People's Republic of China ('the General Provisions of the Chinese Civil Code' hereafter) (expired) addresses the legal concepts of personal information protection and the right to privacy simultaneously, to which this article refers as the dual model, differing from the one-dimensional mode of privacy protection before. Subsequently, the 'The Right to Privacy and the Protection of Personal Information,' a chapter of the newly issued Civil Code of the People's Republic of China's ('the Chinese Civil Code' hereafter), ascertains the dual model and details related provisions. It has been dubbed a landmark ruling of China's personal information protection, greatly boosting the modernization of China's civil system. Despite the many articles that discuss approaches to China's civil protections, little attention has been given to the fundamental question concerning what exactly encompasses the personal information protection and privacy to which these laws refer. Based on the regulations and applicability of the General Provisions of the Chinese Civil Code and the Chinese Civil Code, this paper explores the legal construction of personal information protection and privacy under Chinese legal orders, including the differences, similarities, and interplay between the two rights. By distinguishing the legal value, contents and remedial approaches, this paper concludes that the two rights are distinct but overlap. On one side, personal information protection is elevated to the status of a separate civil right in the legal context of China, rather than part of privacy. On the other side, tailored regulations should be establish according to the criteria of the nature of information, the extent of information processing, and the elements of damage when confronted with overlaps in the two rights in judicial practice. Thus, this paper provides a perspective from which to clarify the approaches to civil protection of personal information and privacy in China and a reference model for enactment of the Chinese Personal Information Protection Law in the the future. © 2021 The Authors

Keyword ：

Data privacy Laws and legislation

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Abstract ：

The relevance of the study is determined by the fact that in order to improve the legislation of the country, it is necessary to study the successful experience of other countries. The purpose of the study is to propose a number of measures that will help improve labour legislation in Kazakhstan. The work uses primarily the analytical method. It is determined by the fact that apart from statutory labour protection rules, some safety standards are contained in collective agreements that specify and sometimes supplement relevant legislative provisions. The paper states the fact that it is necessary to factor in world experience in organizing and operating a system of supervision and control over compliance with labour legislation for the Republic of Kazakhstan. The novelty of the study is that with a study of the legislation on labour regulation in Western countries, the authors identify a number of measures that will be relevant for implementation in the Republic of Kazakhstan. The practical significance of the study is determined by the incompatibility of isolation from the outside world, including from the international labour market with objectives of development. Copyright © FrancoAngeli.

Keyword ：

Business strategies; Economic system; Forms of involvement in work; Labour hygiene; Population employment

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Abstract ：

Personal data mining is a crucial but controversial topic in the big data era. It is widely accepted in the technical filed as a big data technology. While more and more people begin to question its legitimacy for it causes many social and legal problems. This paper tries to demonstrate the legitimacy of personal data mining from the following reasons: a) personal data has certain public goods attribute and sharing characteristic, which is the internal premise of personal data mining; b) data appreciation theory is the theoretical basis of personal data mining; c) the principle of interests balance is the logical requirement of personal data mining; d) big data sharing economy provides practical soil for personal data mining. Based on the legitimacy analysis and China's data development practices, personal data mining should be encouraged. Meanwhile, it is particularly important to regulate the approaches of personal data mining in four aspects: a) establishing the purpose of combining personal data mining and protection; b) balancing the interests of all parties in the process of personal data mining; c) improving data classification legislation; d) innovating technical means to achieve privacy protection. © Published under licence by IOP Publishing Ltd.

Keyword ：

Balancing Big data Control theory Data mining Data privacy Laws and legislation

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Abstract ：

The arrival of the big data era also means the emergence of the privacy crisis. Nowadays, privacy is challenged and privacy protection theories have obvious limitations. In the big data age, the focus of privacy protection should be shifted from traditional physical protection to personal data governance. Personal data has many similarities with privacy but also some noted differences. Compared with privacy's static and exclusive features, personal data is characterized by extraversion and fluidity, and is a combination of personal interests and property interests. Based on the above conditions and China's data development practices, it is crucial to pay attention to the transformation process of the data governance model especially from the privacy protection to the personal data governance, which is the core of achieving the balance between personal data protection and data application. To promote personal data governance, the following strategies should be applied: a) adhering to the purpose of balancing data application and personal data protection; b) attaching importance to data values and allocating data interests on data flowing process; c) improving personal data protection legislation; d) inducing technological innovation. © 2019 IOP Publishing Ltd. All rights reserved.

Keyword ：

Big data Computation theory Data mining Data privacy Intelligent computing Metadata Signal processing

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《单文华国际法与比较法论集（套装上中下册）》收录了单文华教授1994年至2016年在中外重要期刊、报章和出版社发表的主要学术论文、论著章节及其在靠前靠前仲裁活动中所形成的部分仲裁裁决与专家意见，是其20多年靠前法与比较法研究与实践经历的一次回顾与小结。《单文华国际法与比较法论集（套装上中下册）》依据研究成果所涉领域，全集划分为靠前法与比较法通论、欧洲联盟与中欧关系法、靠前投资法、靠前贸易法、一带一路建设与靠前能源法、法学教育、仲裁实践、人物专访等八编。本论集只收录了单文华教授发表的论文类成果，不包括其主撰和主编的专著、编著、译著等著作类成果。

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Abstract ：

在法律与政治之间寻找平衡具有将两极引入法学研究的优点.我在本文中主张,直到最近仍然在法律思维中居支配地位的法律与政治间的分离,意味着无法寻求平衡,更谈不上公平处理.由于这种分离,立法这种法律创制活动一直不被认为是一个值得法律理论关注的适当主题.

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Abstract ：

现今我国台湾地区公众参与立法听证的制度设置,于实践中存在着一定程度的不足.主要体现在参与立法听证会的人员选择、立法听证会的性质、立法听证会后结果的处理等方面上.由于台湾地区与大陆存在着特殊的历史、文化传统以及血缘关系,上述诸方面对大陆今后完善立法听证制度,实具有重要的现实参照与规避意义.

Keyword ：

公众参与 立法听证 听证

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Abstract ：

新修改的《企业破产法》对职工利益的保护给予了高度的关注,但在重整制度中仍不允许职工主动提起企业重整申请,学界多以重整人角色为切入点或者以债权人利益保护为视角研究重整制度,没有将职工作为一个特殊的利益相关者的整体单列出来,给予特殊保护.在以人为本的现代社会,允许职工主动提起企业重整申请非常必要.

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Abstract ：

网络安全文化作为网络安全中"人"的因素,陆续受到各国的关注.如何普及网络安全文化,推动其发展成为了全人类的一项重大课题.文章从推动网络安全的目的和原则出发,结合国外立法经验提出促进网络安全文化的立法对策.

Keyword ：

法律对策 网络安全 文化

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