Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122163
Cancan Wang, Kalina S. Staykova
As open public data initiatives have become prevalent among local and national governments across the globe with promises of benefits such as increased accountability, challenges, especially the governments’ lack of willingness to open public data, have also begun to emerge. Existing governance research on open public data primarily focuses on how open public data can increase the accountability of public bodies. The important steps in achieving accountability are, however, ignored. In this paper, we view the perceived risk of liability as a barrier for the public bodies to disclose their data in the first place, and hence to achieve accountability as a desired outcome. We explore the link between perceived risk of liability and accountability by looking into the recently announced Interim Measures for the Opening of Public Data in Shanghai as an example of a local regulatory initiative of open public data. Our findings show that by identifying the specific data entities and outlining their corresponding duties, the interim measures clarify the roles of different public bodies and under what conditions they can incur liability. By introducing an exemption clause, they also provide public bodies with legal flexibility to cope with uncertain consequences of data utilization. In this way, we argue that the interim measures, outlining duties for specific entities in data opening in accounting for the consequences of data utilization while remaining flexible due to their temporality, constitute a novel regulatory approach towards reducing the legal uncertainty around perceived risks of liability in the area of open public data, hence potentially contributing to increased accountability.
{"title":"Decoupling Accountability and Liability","authors":"Cancan Wang, Kalina S. Staykova","doi":"10.7146/nnjlsr.v1i9.122163","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122163","url":null,"abstract":"As open public data initiatives have become prevalent among local and national governments across the globe with promises of benefits such as increased accountability, challenges, especially the governments’ lack of willingness to open public data, have also begun to emerge. Existing governance research on open public data primarily focuses on how open public data can increase the accountability of public bodies. The important steps in achieving accountability are, however, ignored. In this paper, we view the perceived risk of liability as a barrier for the public bodies to disclose their data in the first place, and hence to achieve accountability as a desired outcome. We explore the link between perceived risk of liability and accountability by looking into the recently announced Interim Measures for the Opening of Public Data in Shanghai as an example of a local regulatory initiative of open public data. Our findings show that by identifying the specific data entities and outlining their corresponding duties, the interim measures clarify the roles of different public bodies and under what conditions they can incur liability. By introducing an exemption clause, they also provide public bodies with legal flexibility to cope with uncertain consequences of data utilization. In this way, we argue that the interim measures, outlining duties for specific entities in data opening in accounting for the consequences of data utilization while remaining flexible due to their temporality, constitute a novel regulatory approach towards reducing the legal uncertainty around perceived risks of liability in the area of open public data, hence potentially contributing to increased accountability.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133571095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122167
J. Peng, Wen Xiang
Information and communication technology has increasingly played an important role in judicial activities. In recent years, digitalization of courts has been explored actively in theory and practice in China. Generally, digitalization of courts refers to that litigation activities like case-filing, court trial, execution, service and preservation can be carried out online to a certain degree, with the help of modern technology like big data, cloud computing, artificial intelligence and high-tech equipment. Digitalization of courts is considered to help to improve judicial efficiency, contribute to judicial disclosures, provide convenience for people and to establish judicial big data. However, lack of consistent guidelines might undermine the application of digital means in the judiciary. The purpose of this paper is to investigate the progress made so far with regard to digitalization of courts in China, and to analyze the opportunities and challenges during the digitalized process of Chinese courts.
{"title":"The Rise of Smart Courts in China","authors":"J. Peng, Wen Xiang","doi":"10.7146/nnjlsr.v1i9.122167","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122167","url":null,"abstract":"Information and communication technology has increasingly played an important role in judicial activities. In recent years, digitalization of courts has been explored actively in theory and practice in China. Generally, digitalization of courts refers to that litigation activities like case-filing, court trial, execution, service and preservation can be carried out online to a certain degree, with the help of modern technology like big data, cloud computing, artificial intelligence and high-tech equipment. Digitalization of courts is considered to help to improve judicial efficiency, contribute to judicial disclosures, provide convenience for people and to establish judicial big data. However, lack of consistent guidelines might undermine the application of digital means in the judiciary. The purpose of this paper is to investigate the progress made so far with regard to digitalization of courts in China, and to analyze the opportunities and challenges during the digitalized process of Chinese courts.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"759 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133962454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i10.125617
R. Mehdi
{"title":"A Decade of Emergence and Transformation of a Journal","authors":"R. Mehdi","doi":"10.7146/nnjlsr.v1i10.125617","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125617","url":null,"abstract":"","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133451103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i10.125616
Mikele Schultz-Knudsen
{"title":"Building Bridges in a Changing World","authors":"Mikele Schultz-Knudsen","doi":"10.7146/nnjlsr.v1i10.125616","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125616","url":null,"abstract":"","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130282857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i9.122162
Zenglo Chen
The right to be forgotten is a new trending right that originated from the European Union and is transferring to China. To break down the Bentham’s panopticon of comprehensive digital memory, it is necessary for China to adopt the right to be forgotten. While the Chinese legal framework of personal information has not been completed yet, the Draft of Personal Information Law implies a focus on duties of controllers and interests of minors. By analysing possible legal attributes of the right to be forgotten, it can be noted that typifying the right to be forgotten is essential, but the problem of exercising limitation and of the asymmetric information market have not been solved. To tackle these problems, one solution is to specify the requirements of the government, the organization and the information subject with balance; the other is to perfect the right to be forgotten referring to the Informed Consent Principle and complement other principles to support the entire personal information protection system.
{"title":"Chinese Localization of the Right to Be Forgotten","authors":"Zenglo Chen","doi":"10.7146/nnjlsr.v1i9.122162","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122162","url":null,"abstract":"The right to be forgotten is a new trending right that originated from the European Union and is transferring to China. To break down the Bentham’s panopticon of comprehensive digital memory, it is necessary for China to adopt the right to be forgotten. While the Chinese legal framework of personal information has not been completed yet, the Draft of Personal Information Law implies a focus on duties of controllers and interests of minors. By analysing possible legal attributes of the right to be forgotten, it can be noted that typifying the right to be forgotten is essential, but the problem of exercising limitation and of the asymmetric information market have not been solved. To tackle these problems, one solution is to specify the requirements of the government, the organization and the information subject with balance; the other is to perfect the right to be forgotten referring to the Informed Consent Principle and complement other principles to support the entire personal information protection system.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132749925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-22DOI: 10.7146/nnjlsr.v1i10.125693
Farhat Taj
Growing ethnic and cultural diversity in welfare states like Norway has created a gap between the legal rights and the social realities of vulnerable individuals in certain immigrant communities. Such growing diversity calls for innovative approaches to ensure the enjoyment of individual rights without generating unnecessary controversies regarding the cultural legitimacy of human rights. Combining legal literacy with vernacularisation strategies for the cultural adoption of human rights is an effective approach to promote and protect human rights in situations where individual rights seemingly clash with the authoritative interpretation of cultural norms and values. This article illustrates the said approach using a polygamy case in Norway handled by Pakwom, an Oslo-based immigrant-women’s non-governmental organisation.
{"title":"Cultural Adoption of Human Rights in a Local Context","authors":"Farhat Taj","doi":"10.7146/nnjlsr.v1i10.125693","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i10.125693","url":null,"abstract":"Growing ethnic and cultural diversity in welfare states like Norway has created a gap between the legal rights and the social realities of vulnerable individuals in certain immigrant communities. Such growing diversity calls for innovative approaches to ensure the enjoyment of individual rights without generating unnecessary controversies regarding the cultural legitimacy of human rights. Combining legal literacy with vernacularisation strategies for the cultural adoption of human rights is an effective approach to promote and protect human rights in situations where individual rights seemingly clash with the authoritative interpretation of cultural norms and values. This article illustrates the said approach using a polygamy case in Norway handled by Pakwom, an Oslo-based immigrant-women’s non-governmental organisation.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116259106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122150
F. Pan
The basic function of law is to protect, consolidate and develop social relations and social order that are favorable and suitable for the ruling class (Zhu, 1957). As the first law promulgated (April 13, 1950) after the founding of the People’s Republic of China (PRC, October 1, 1949), the Marriage Law has undergone three major revisions in 70 years. Based on a comparative analysis of the principles and important rules in the four marriage laws, this article studies the entire historical process of Chinese marriage law systematically. By combining amendments of laws with social changes, including party policies (Communist Party of China, CCP), economic systems and family structure, this article displays the intimate relationship between social change, law revision and family revolution in an interdisciplinary manner. The improvement of Chinese marriage law also provides a lens into Chinese lawmakers’ efforts on achieving gender equality, offering special protection for vulnerable groups to pursue substantive justice, protecting personal property and balancing the relationship between individual freedom and family and social stability.
{"title":"Family Revolution by Law","authors":"F. Pan","doi":"10.7146/nnjlsr.v1i9.122150","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122150","url":null,"abstract":"The basic function of law is to protect, consolidate and develop social relations and social order that are favorable and suitable for the ruling class (Zhu, 1957). As the first law promulgated (April 13, 1950) after the founding of the People’s Republic of China (PRC, October 1, 1949), the Marriage Law has undergone three major revisions in 70 years. Based on a comparative analysis of the principles and important rules in the four marriage laws, this article studies the entire historical process of Chinese marriage law systematically. By combining amendments of laws with social changes, including party policies (Communist Party of China, CCP), economic systems and family structure, this article displays the intimate relationship between social change, law revision and family revolution in an interdisciplinary manner. The improvement of Chinese marriage law also provides a lens into Chinese lawmakers’ efforts on achieving gender equality, offering special protection for vulnerable groups to pursue substantive justice, protecting personal property and balancing the relationship between individual freedom and family and social stability.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133168818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122152
Helle Blomquist
Gender equality is a part of global policy, as specified for instance in The UN Convention on the Elimination of Discrimination against Women. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitor the implementation of the convention. China has reported her initiatives to advance the rights of women to CEDAW. However, China studies indicate that there is a link missing between traditional Chinese values rooted in Confucianism on the one hand and Marxist political policy on the other. This deficiency could be a barrier to gender equality. Inspired by classical feminist theory and sociology of law, the article explores how members of the legal profession in a Chinese provincial city function when they deal with gender roles. The article builds on a small sample of qualitative data. It concludes that legal professionals may seek to get an effect on the construction of gender roles and equality for women. In their professional work, they have a potential for forging a link between Marxist modernization and commercialization on the one hand and traditional values on the other. Their function may depend on their individual awareness of their role, their support of gender equality, and their position vis-à-vis the state and party.
{"title":"Chinese Legal Professionals and Transformation of Gender Roles. A Case Study","authors":"Helle Blomquist","doi":"10.7146/nnjlsr.v1i9.122152","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122152","url":null,"abstract":"Gender equality is a part of global policy, as specified for instance in The UN Convention on the Elimination of Discrimination against Women. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitor the implementation of the convention. China has reported her initiatives to advance the rights of women to CEDAW. However, China studies indicate that there is a link missing between traditional Chinese values rooted in Confucianism on the one hand and Marxist political policy on the other. This deficiency could be a barrier to gender equality. Inspired by classical feminist theory and sociology of law, the article explores how members of the legal profession in a Chinese provincial city function when they deal with gender roles. The article builds on a small sample of qualitative data. It concludes that legal professionals may seek to get an effect on the construction of gender roles and equality for women. In their professional work, they have a potential for forging a link between Marxist modernization and commercialization on the one hand and traditional values on the other. Their function may depend on their individual awareness of their role, their support of gender equality, and their position vis-à-vis the state and party.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127414270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122157
Luo Weiling, Liang Deng
Nowadays the development of AI technology is not yet mature, let alone the legal definition and regulation of its type, even the type of technology itself is full of uncertain factors. Because of the rapid development of technology and the openness of theories, scientists have not yet formed a unified consensus and system on cutting-edge technical issues. Therefore, at present, governments all over the world are actively formulating the development plans of AI, but the supervision and regulation of AI are scattered and lagging behind. There is nothing wrong with encouraging the development of new technologies, but the application of technologies requires a responsible response to various ethical demands from human society. No matter what form of AI technology and its application are inseparable from the algorithm and the issue of “algorithm accountability” may probably be a focus of legal regulations on AI and the path of accountability is algorithm interpretation. It is desirable but regrettable that the EU’s GDPR stipulates the non-binding “right to explanation”. But the stop of GDPR is exactly the starting point of constructing the algorithm interpretation mechanism in law.
{"title":"Legal Construction of Algorithm Interpretation","authors":"Luo Weiling, Liang Deng","doi":"10.7146/nnjlsr.v1i9.122157","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122157","url":null,"abstract":"Nowadays the development of AI technology is not yet mature, let alone the legal definition and regulation of its type, even the type of technology itself is full of uncertain factors. Because of the rapid development of technology and the openness of theories, scientists have not yet formed a unified consensus and system on cutting-edge technical issues. Therefore, at present, governments all over the world are actively formulating the development plans of AI, but the supervision and regulation of AI are scattered and lagging behind. There is nothing wrong with encouraging the development of new technologies, but the application of technologies requires a responsible response to various ethical demands from human society. No matter what form of AI technology and its application are inseparable from the algorithm and the issue of “algorithm accountability” may probably be a focus of legal regulations on AI and the path of accountability is algorithm interpretation. It is desirable but regrettable that the EU’s GDPR stipulates the non-binding “right to explanation”. But the stop of GDPR is exactly the starting point of constructing the algorithm interpretation mechanism in law.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114834957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-17DOI: 10.7146/nnjlsr.v1i9.122149
Simona Novaretti
The paper investigates how the leaders of the People’s Republic of China (PRC) have re-interpreted the three kinds of “equity” generally considered implicit in the 2030 Sustainable Development Goals (SDGs), namely inter-generational, intra-generational, and inter-gender equity, to fit the country’s context. To what extent is China’s recent “return to Confucius” paving the way to the use of the law as an instrument of “social moralization”? What impact is this trend having on the achievement of sustainable development within Chinese society? The following sections will answer these questions, showing if, how, and with what consequences, Chinese traditional values have recently undergone a “creative renovation”, in order to support, on the one hand, PRC government’s commitment to reach SDGs and to back, on the other, its attempt to resew Chinese social fabric, worn out by the dramatic economic development experienced by the country in the last decades.
{"title":"China’s Sustainability Challenges","authors":"Simona Novaretti","doi":"10.7146/nnjlsr.v1i9.122149","DOIUrl":"https://doi.org/10.7146/nnjlsr.v1i9.122149","url":null,"abstract":"The paper investigates how the leaders of the People’s Republic of China (PRC) have re-interpreted the three kinds of “equity” generally considered implicit in the 2030 Sustainable Development Goals (SDGs), namely inter-generational, intra-generational, and inter-gender equity, to fit the country’s context. To what extent is China’s recent “return to Confucius” paving the way to the use of the law as an instrument of “social moralization”? What impact is this trend having on the achievement of sustainable development within Chinese society? The following sections will answer these questions, showing if, how, and with what consequences, Chinese traditional values have recently undergone a “creative renovation”, in order to support, on the one hand, PRC government’s commitment to reach SDGs and to back, on the other, its attempt to resew Chinese social fabric, worn out by the dramatic economic development experienced by the country in the last decades.","PeriodicalId":130064,"journal":{"name":"NAVEIÑ REET: Nordic Journal of Law and Social Research","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132062841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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