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1.
针对当前电子资源授权许可协议中普遍存在的国内用户适用中国法律的要求不被尊重、故意排除中国法律适用、过度使用国际商事仲裁、混淆相关概念的现实问题,从宏观层面根据相关国际公约和我国关于法律适用问题的相关规定和基本原则,阐述适用中国法律的合理性和必要性;从微观层面提出法律适用条款的约定应在平等自愿的基础上由双方当事人协商选择,国内用户应明确表达适用中国法律的合理要求,可根据不同法律关系分割适用法律、慎用国际仲裁、优先选择中国法院管辖等,应当在电子资源管理工作实务中注意技巧和方法。 相似文献
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文章简要阐述中国图书馆法制史;对中国图书馆立法问题给出了基本评价;论述了当代中国图书馆立法的必要性;提出图书馆法权概念,并论证了其与图书馆核心价值历史的、现实的关系。文章强调,中国当代图书馆法权来自宪法,法权内容却明显缺失,只有通过图书馆立法,才能对图书馆法权予以明确、具体、系统的说明和规定,并客观彰显图书馆核心价值。 相似文献
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中国特色社会主义法律体系正在形成,制定出台保护、推动我国文化教育事业发展的法律保障——图书馆法,是符合我国的法治建设目标的。我国图书馆法立法进程缓慢,2009年《公共图书馆法》虽被列入全国人大常委会立法规划,但是,我国普通公众对图书馆的疏远和陌生说明现代图书馆理念未能深入人心,我们应积极弘扬现代图书馆理念,努力培植图书馆法治土壤,为我国图书馆法的制定和实施创造良好的法治环境。 相似文献
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H.G. van der Voort A.J. Klievink M. Arnaboldi A.J. Meijer 《Government Information Quarterly》2019,36(1):27-38
Big data promises to transform public decision-making for the better by making it more responsive to actual needs and policy effects. However, much recent work on big data in public decision-making assumes a rational view of decision-making, which has been much criticized in the public administration debate. In this paper, we apply this view, and a more political one, to the context of big data and offer a qualitative study. We question the impact of big data on decision-making, realizing that big data – including its new methods and functions – must inevitably encounter existing political and managerial institutions. By studying two illustrative cases of big data use processes, we explore how these two worlds meet. Specifically, we look at the interaction between data analysts and decision makers. In this we distinguish between a rational view and a political view, and between an information logic and a decision logic. We find that big data provides ample opportunities for both analysts and decision makers to do a better job, but this doesn't necessarily imply better decision-making, because big data also provides opportunities for actors to pursue their own interests. Big data enables both data analysts and decision makers to act as autonomous agents rather than as links in a functional chain. Therefore, big data's impact cannot be interpreted only in terms of its functional promise; it must also be acknowledged as a phenomenon set to impact our policymaking institutions, including their legitimacy. 相似文献
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Marianne Wikgren 《Library & information science research》2001,23(4):291
The Internet is a convenient but complex source for health information used by an increasing number of health consumers. Especially for people suffering from a chronic illness (e.g., diabetes), information seeking forms a part of the daily management of the disease, a “project of life.” This study of Web texts examines the citation patterns for a specific and controversial health issue: the beneficial or hazardous use of dietary chromium supplementation in diabetes self-management. Texts from different categories of Web sources (scientific, professional, educational, and commercial sources, as well as diabetes discussion groups) were analyzed in order to study how knowledge is transferred between sources, and how diabetics participating in discussion groups refer to and make sense of the information from different sources on the Internet. The citation patterns suggest that deviations from the traditional models of scientific knowledge dissemination can occur in the Internet environment. 相似文献
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As security and safety requirements were not considered during the creation of networks, there is a growing number of threats for individuals, enterprises, government agencies and organizations. This paper reviews these threats and the difficulties of dealing with them now. The Internet, as a consequence, is hardly adequate for processing sensitive information, because it can be protected neither by technology nor by law. In this situation, future “information societies” will be more risk-oriented than today: individual rights will be less significant and traditional legal instruments will need to be adapted to different sets of values. 相似文献
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《中华人民共和国档案法》域外适用问题的探讨与实施对于完善我国域外法律体系建设、维护我国国家利益以及推动我国档案法制现代化具有重要意义.本文根据法律域外适用的属地原则、属人原则以及保护性原则界定了《档案法》域外适用的规制对象,指明了当前我国《档案法》域外适用还存在法理束缚、缺乏先例借鉴、涉外法律人才短缺等困境,并建议增设... 相似文献
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This paper assesses the ways in which local actors are reconfiguring public access to broadband through the unlicensed spectrum. The process of adoption and configuration of public Wi-Fi networks in Austin, Texas, is the focus of our case study. Austin is one of the most “unwired” cities in the United States and increasingly known as a world-class industrial center in wireless. The development of strategic visions about public Wi-Fi services among user groups and local startups provided a fertile ground for diverse partnerships among nonprofit groups, broadband providers, wireless ISPs, and the city government. We also found that the popularity of the venue-sponsored or free-to-end-user model of access is supported by different providers that see their interests represented in the growth of public wireless broadband. However, the prevailing model of public Wi-Fi has a strong commercial bias. This, combined with the historical socioeconomic divides in the city, has resulted in an uneven geography of public Wi-Fi networks. 相似文献
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以新修订《中华人民共和国档案法》社会普法实践为研究对象,聚焦微信平台,分析了现有普法宣传实践在内容表达、信息推送、信息传播等方面存在的不足。具体从精准化、实效化、常态化、特色化四个角度出发提出优化策略,建议微信平台社会普法可以依照数据分析普法需求,明确特性精准利用媒介;结合法律传播思想,创新档案普法宣传内容;利用制度推进协同合作,集聚资源保障持续普法;强调公民法律角色,宣传档案法治实践。 相似文献
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Michael Umberger 《Legal Reference Services Quarterly》2013,32(3-4):312-340
A small number of appellate courts require neutral citation, a legal citation format that frees citation to judicial decisions from adherence to particular formats or vendors. As law libraries increasingly rid their print collections of case law reporters, a gap appears in public access to the law, as many courts still require citation to print-based formats from particular commercial publishers. With widespread availability of case law in electronic formats through commercial databases and government Web sites, law librarians must continue to urge courts to consider adopting neutral citation principles to ensure greater accessibility to court opinions. This article retraces the history and quirks of neutral citation and aims to ground the arguments for more widespread adoption of neutral citation in the increasing concern over public access to the law. 相似文献
11.
凡依法登记的期刊,均有一个独一无二的刊名。期刊社对于其刊名享有合法权益,受法律保护。在刊名被他人擅自冒用的情况下,期刊社可以依据著作权法、商标法或者反不正当竞争法的相关规定,追究冒用人的法律责任。 相似文献
12.
The unique three-way partnership formed by the University of Illinois at Chicago’s federal depository library, the U.S. State Department, and the Government Printing Office (GPO) to deliver and preserve foreign policy information through servers housed at the University’s library offers some critical insights into the assumptions and policies of the GPO’s Federal Depository Library Program. Ultimately, the Internet’s explosive growth, combined with powerful graphical interfaces of the major Web browsers, undermines several recently enacted laws that attempt to standardize (or centralize) effective information resource management within the federal government. Not only has GPO steadily lost political and economic support over the last decade from both legislative and executive leaders for its production and distribution programs, many agencies now consider their “.gov Webspaces” the natural successors to the GPO and its depository library program. As a result, a new model of government information distribution is being forged within the highly decentralized and interactive environment of the World Wide Web. 相似文献
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This research examines privacy law and Human Flesh Search (HFS) on the Chinese Internet. HFS is spontaneous, widely participated search and publication of targeted individuals’ personal information on the Internet. This research sees HFS as an important form of non-institutional information gathering and publication, and argues that the regulation of HFS is not only about privacy but also line-drawing for information collection and dissemination in the digital setting. Therefore, legal instruments and court cases in relation to HFS and online privacy must be assessed as important components of the Chinese state’s Internet regulatory scheme. This research finds that the paired concepts of ‘flexibility and populism,’ key features of legal reform and development in contemporary China, are highly relevant to analyze the growth of digital privacy laws in China. The political-legal authorities’ experimentation and innovation in the development of the law shed important light on how China’s Internet governance adapts to changing circumstances and strives to keep pace with profound social transformations in new technological environments. 相似文献
15.
The Korean government's electronic record management reform: The promise and perils of digital democratization 总被引：1，自引：1，他引：0
Recently, the Korean government instituted a reform in its archives with the goal of increasing transparency in government and meeting the challenges of the new digital environment in records management. President Roh's administration focused on a “process and system” reform through a shift from paper-based records management to electronic records management. The E-jiwon task management system of the Office of the President, invented by President Roh himself, served as the archetype for the reform. This study explores and critiques the administration's choice of a “process and system” reform over institutional reform, examines the legal framework used to enact the reform and its shortcomings, and analyzes the benefits and deficiencies of the E-jiwon as a tool for democracy in the archives. It concludes that while the new digital environment can assist in promoting government transparency, technological change by itself is inadequate; ultimately, institutional change is necessary for true reform. 相似文献
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This paper examines the need for re-evaluating archival principles and practices. Opportunities created to enhance and enrich archival work and difficulties of archiving digital information, because of its nature, are reviewed. “Records series” are used to illustrate the consequences in terms of selection and appraisal of records. The preservation of digital information also raises new challenges. The impact of digital information on the ethical, legal and societal issues (protection, confidentiality, privacy, etc.) is emphasized. 相似文献
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张鹭 《图书馆工作与研究》2020,(1):44-51
社会主义核心价值观在融入公共图书馆法治建设的过程中,在通过《中华人民共和国公共图书馆法》制度载体来实现法律规范和核心价值的同时得以贯彻落实,既能体现出法律规范的强制保障功能,又能表达出核心价值观的价值引领作用,二者之间是内在关联、相辅相成、相互建构、有机统一的关系;从立法技术视角来审视社会主义核心价值观融入公共图书馆法治建设的处理方式和载体选择,其在《中华人民共和国公共图书馆法》中呈现为宏观指引技术、具体贯彻技术和价值平衡技术;社会主义核心价值观融入公共图书馆法治建设时的标准如何设置,其又可以进一步类型化为底线标准、合理标准和软性标准。厘清社会主义核心价值观与公共图书馆法治建设的关系以及融入立法技术与标准设置,不仅裨益于深刻理解二者的融合路径,而且有助于《中华人民共和国公共图书馆法》未来的实施、修改和完善,实现依法治国和以德治国相结合。 相似文献
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《Government Information Quarterly》2005,22(1):108-121
The rule of law is essential for a country's development process, providing one of the ingredients for stability in newly democratizing countries that eventually promotes strong judicial systems. Likely factors contributing to weaknesses in the judicial systems include the absence of functional legal information systems, especially the availability of judicial decisions, as well as the inability of the populace generally to access legal material and legal information. Taking Kenya as an example and using the US judicial process as a foil, this paper examines the proposition that the availability of judicial decisions in case reporters enhances democracy by increasing judicial transparency and contributing to some predictability in the law, thus enhancing the rule of law. The paper also emphasizes the crucial role that information technology and the Internet could have in advancing access to legal information. 相似文献