Current Issue

2024, Vol. 26 No. 3 Published:30 June 2024

Regulatory Path of Improper Format Clauses in Click-wrap Contracts under Background of Big Data

CHEN Wenxing, ZHANG Yuqian

2024, 26 (3): 1-10. doi：10.19722/j.cnki.1008-7729.2024.0014

Abstract ( 125 )

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Taking user agreements and privacy policies of 15 online platforms in China as a sample for empirical analysis, it is pointed out that improper format clauses in click-wrap contracts include unilateral change of clauses, automated decision-making clauses, unrestricted user content authorization clauses, etc. Although existing methods such as obvious unfairness, explanation obligations, and automated decision-making norms can compensate for the flaws to some extent, they cannot fully solve the problems due to their own shortcomings, so there are still deficiencies in the regulation of improper format clauses in click-wrap contracts. Therefore, it is necessary to take some measures to safeguard the rights and interests of users in the online environment, such as establishing a negative list of format terms, strengthening dynamic supervision, optimizing platforms’ explanation obligations, setting options of refusing automated decision making, clearly informing users of obligation scope, and enhancing users’ rights awareness.

Digital Identity Recognition: Conflicts of Law, Ethics and Technology in Future Human-machine Interaction

JIN Mengge

2024, 26 (3): 11-22. doi：10.19722/j.cnki.1008-7729.2024.0030

Abstract ( 147 )

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Digital identity no longer solely pertains to the question of “Who am I”, but rather involves the question of “Who am I perceived to be”. The convergence of digital and virtual identities makes individual identities more fluid, but it also triggers conflicts between identities in the virtual and real worlds. Identity authentication plays a crucial role in human-computer interaction, where the potential bias of machine learning and inequality of digital identity demand more attention. With the rise of the digital economy, identity data is becoming a new symbol of power, embroiling individuals, governments, and corporations in power struggle. The legal field, facing the challenges of digital identity, must keep pace with rapid development of technology while also balance the conflict between identity authentication and privacy rights. Digital identity recognition also touches on issues of digital ethics, so people should reevaluate the relationship between technology and identity, clarify whether the purpose of technology is to serve humanity or replace it, and how to redefine “human” in human-computer interaction. Advancing towards a more human-centered digital identity requires the collaborative progress of technology, law, and ethics, as well as in-depth cooperation and research across various disciplines. In facing unknown challenges, there is a need to expand from the individual question of “Who am I” to the collective question of “Who are we” to foster a positive outlook on the future relationship among technology, identity and humanity.

Judgment Standards of Originality of Audiovisual Works in Digital Era-Facial Special Effects as Entry Point

WANG Hongjun, WANG Yali

2024, 26 (3): 23-31. doi：10.19722/j.cnki.1008-7729.2024.0028

Abstract ( 85 )

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In digital era, a variety of new “continuous pictures” emerge, and whether it has the originality of legal audiovisual works depends on how to quantify the “degree” of originality. However, the existing criteria for judging the originality of audiovisual works are difficult to apply because they are too abstract. In order to measure the “degree” of originality of these new “continuous pictures”, the research method of both jurisprudence and technology is used, and comprehensively considering the creation results and the creation process, and through analyzing the typical case of “Dream Cloud” facial special effects infringement case, the following conclusions are drawn: In terms of measurement factors, in addition to the hierarchical expression of facial special effects, the creation content of intelligent human-computer interaction presets should be excluded. In terms of originality criteria, three criteria should be established: focusing on continuous pictures, logical connection of pictures, and dynamic presentation of pictures.

Influencing Factors and Evaluation of Community Home-based Care Service Quality in Beijing

ZHANG Lin, , GAO Yingju, YAN Qiang, YIN Jielin, QU Li

2024, 26 (3): 32-45. doi：10.19722/j.cnki.1008-7729.2023.0158

Abstract ( 156 )

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Starting from the multi-dimensional subject of “government-community-elderly”, and based on Maslow’s hierarchy of needs theory and welfare pluralism theory, the theoretical model of influencing factors of community home-based care service quality is constructed, and the key influencing factors on service quality are identified and extracted. The empirical results show that both government and community have positive effects on service quality. On this basis, the evaluation index system of community home-based care service quality is constructed to evaluate service quality in Beijing. The results show that the service quality of self-actualization demand and security demand is good, while the service quality of self-esteem demand is disappointing. Based on the results and the actual situation, the current predicament faced by Beijing’s community home-based care is analyzed, and policy suggestions are put forward, to provide theoretical support for the study of home-based care services and help the construction and development of smart care in Beijing.

Trilateral Evolutionary Game Analysis of WeChat False Health Information Governance under Reward and Punishment Mechanism

RUAN Zhihui, ZHU Xinye, ZHUO Yangkai, ZHANG Shuai, QIAN Aibing

2024, 26 (3): 46-55. doi：10.19722/j.cnki.1008-7729.2023.0169

Abstract ( 94 )

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WeChat is not only an important social media platform for health information dissemination, but also a fertile ground for the breeding and dissemination of false health information. While considering the different roles played by users, WeChat platform and government in the governance of false health information, a reward and punishment mechanism was introduced, and the optimal strategy and effective mechanism for the governance of false health information on WeChat under this mechanism was discussed by constructing a trilateral evolutionary game model. On the basis of checking the stability of the system, simulation experiments were carried out with MATLAB R2018b. It is found that reasonable reward and punishment intensity and coefficient, improving users’ health literacy and controlling cost are the key factors that affect the effective strategy selection of all parties. Accordingly, policy suggestions are put forward, so as to create a clean online environment for health information dissemination.

Can Big Data-enabled Price Discrimination Against Existing Customers Be Avoided?—Analysis Based on Evolutionary Game and Simulation

WAN Yan, ZENG Hong, SHI Shuyang, LIU Hengyu

2024, 26 (3): 56-65. doi：10.19722/j.cnki.1008-7729.2024.0055

Abstract ( 133 )

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An evolutionary game model between platforms and users is constructed from the perspective of conserving public resources and supporting market development. The model explores formation conditions and stability of different equilibrium points under the scenario where users have the freedom to switch platforms. Based on theoretical deduction, numerical simulations using Octave are conducted to analyze the factors influencing platform’s algorithmic discrimination pricing and determine the conditions required for an ideal state without such pricing. Additionally, this study aims to explore alternative measures, aside from regulation, that can help achieve this ideal state. The results indicate that avoiding big data-enabled price discrimination against existing customers does not necessarily rely on means such as real-time monitoring or fines; fostering multiple platforms and promoting platform competition may be a more direct and feasible approach.

Evolutionary Game Analysis of Traffic Violation Regulation for Instant Logistics Riders Based on Prospect Theory

XIAO Liang, LI Hongyong, YU Fumao,

2024, 26 (3): 66-78. doi：10.19722/j.cnki.1008-7729.2024.0031

Abstract ( 113 )

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In order to deal with traffic safety problems caused by traffic violation of instant logistics riders, replacing expected utility theory with prospect theory, an evolutionary game model of regulation of riders’ non-compliant delivery was constructed, which integrated subjective probability weight function with value function. The interactive relationship and influencing factors between instant logistics platform regulation and riders’ delivery decision-making were analyzed. The decision model of riders’ selection of delivery strategies related to income was further established by introducing reputation incentive mechanism, and a new approach to the regulation of non-compliant delivery behavior of riders with different risk attitudes was explored. The results show that the proportion of riders’ compliant delivery is positively correlated with the probability of investigating irregular delivery and fines, the probability of traffic accidents and corresponding losses, and negatively correlated with the cost of riders’ compliant delivery. Platform and riders’ risk preference attributes of high probability loss and underestimation of the prospect value perception of active regulation cost and compliant delivery cost make it difficult to form an ideal equilibrium stability strategy. Riders with different risk attitudes have different feedback on reputation incentive mechanism of platform. By introducing reputation incentive mechanism, the platform can promote risk-aversion riders to choose compliant delivery strategies. However, the mechanism fails to riders with risk preference, and the platform should restrict risk preference riders to choose irregular delivery strategies by setting reasonable penalties. The research results can provide a theoretical reference for the instant logistics platform to formulate a regulatory strategy combining rewards and punishments.

Relationship Between Individual Personality Types and Colors in Metaverse

HOU Wenjun, ZHANG Zhining

2024, 26 (3): 79-91. doi：10.19722/j.cnki.1008-7729.2023.0144

Abstract ( 110 )

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In various aspects of virtual product design in the metaverse, color is one of the most intuitive ways to reflect whether an interactive product is easy to use. It gives people rich visual impact and directly affects people’s inner feelings. But not everyone’s perception of color is the same, as it is influenced by people themselves and the surrounding environment. Based on the design research of virtual images and virtual products in the metaverse, the impact of personality types on color perception in the same environment was explored, and the relationship between different personalities and hue, saturation, and brightness in colors was researched. The quantitative relationship between color attributes and personality associations was studied. The semantic differential method was used to obtain personality associations triggered by color, and a color personality model was established based on data regression for experimental design. The research results indicate that the brightness, saturation, and hue have an impact on the perception of personality traits. Moreover, the relationship between the attributes of color and its arousal of personality associations can be well quantified by data regression models. This result provides a theoretical basis for the production of virtual design based on personality and social interaction in the metaverse.

Generative Logic, Scientific Connotation and Theoretical Character of Xi Jinping’s Important Discourse on Spirit of Scientists

LIU Xin

2024, 26 (3): 92-100. doi：10.19722/j.cnki.1008-7729.2023.0170

Abstract ( 125 )

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Xi Jinping’s important discourse on the spirit of scientists has profound generative logic. It is inheritance and development of Marxist scientific views, a profound summary of the spirit of Chinese scientists, and theoretical sublimation of science and technology workers’ devotion to scientific practice in the new era. Xi Jinping’s important discourse on the spirit of scientists is rich in connotation and logically rigorous. It systematically answers basic questions such as what the spirit of scientists is, why it should be promoted, and how to promote it. It demonstrates a grand strategic vision, firm people’s stance, strong consciousness of problem, profound cultural genes, and noble spiritual pursuit, providing theoretical and action guidelines for adhering to and promoting the spirit of scientists in the new era.

Analysis of soft skills of ICT graduate students: A survey comparing students and professionals’ perceptions

HAO Jinmei, LI Jing

2024, 26 (3): 101-112. doi：10.19722/j.cnki.1008-7729.2024.0025

Abstract ( 113 )

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This study explores how graduate students in ICT perceive the importance of soft skills for entry-level positions and their requirements for skill development. By comparing survey data from 286 students and 102 professionals, the study uncovers the gap in perceptions of soft skills between students and professionals. While students acknowledge the importance of soft skills, there is a notable gap in how they prioritize the importance of these skills and their training needs compared to professionals. Drawing from the survey results, the study puts forward principles and strategies for universities to enhance the cultivation of students’ soft skills.

New Teaching Mode for International Chinese Language Education from Perspective of Relevance Theory —Case Study of Elementary Chinese Comprehensive Course for International Students

HAO Jingfang

2024, 26 (3): 113-122. doi：10.19722/j.cnki.1008-7729.2024.0058

Abstract ( 135 )

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Based on the teaching practice of elementary Chinese Comprehensive course, the new classroom teaching mode of international Chinese language education is explored. Based on the relevance theory, a new classroom teaching model of international Chinese language education is put forward from two aspects of “creating the maximal relevance in line with students’ cognition” and “helping students to construct the optimal relevance”. On the basis of understanding students’ cognitive structure, teachers should strive to create the maximal relevance for students’ communication by associating new knowledge with students’ old knowledge, with students’ life, with the country’s cultural customs and national conditions, and by interconnecting various links of classroom teaching process. At the same time, teachers can help students construct the optimal relevance in terms of proper teaching language, ostensive information, multi-modal teaching resources, and non-verbal ostensive behavior. The research results show that this teaching mode can effectively help students learn and understand new knowledge and improve the teaching effect.