2013年12月26日 星期四

Annotation1(Revision) - Is Human Flesh Search a Proper Method to Investigate Criminals?

  Human flesh search is not as rightful as it seems to be. That is, it complicates the privacy and illegal problems. If a person is really considered as illegal or immoral, but does his or her family members who has nothing to do with the incident have to endure being exposed to the public? It will really bother their daily life. 
   
   In the article''Is Human Flesh Search Righteous?'' When exposing one's personal information such as telephone number, address...etc. It will violate the Computer-Processed Personal Data Protection Law. Although the motivation of searching the suspects may stands in justice. However, many of the behaviors are based on moral problems. Law problem mostly have nothing to do with their actions. Forcing them to unfold their privacy to the public is to some degree more immoral.

    What's more, by reading an article from Chi Chu magazine online, many police officers tend to use human flesh search to investigate the crime. It really helps them find the criminals and evidences easily. However, what's more concerning is that when they uses human flesh search engine to find the criminals as well as the parties and witnesses, their scars and pains suffer from the crime will be exposed to the society. Does this really means that it will solve the problem? I think it may make the incident more complicated, and the privacy of the victims will not be protected.
Therefore, human flesh search is still be regarded as an impropriate method to me. It's not mature enough through laws and moralities. 


[Sources]


http://web2.yzu.edu.tw/e_news/677/6_student01.html

http://life.sinchew.com.my/node/7731?tid=31


2013年12月25日 星期三

Annotation4 - Human Flesh Search is Produced By Class Violence

[Annotation 4]

      By the continuous development of computer technology, Internet has rapidly become not only a part of our life, but a main channel of passing the information. However, the obtention as well as the usage of the information may affect educational levels and other factors caused by the distribution of social resources on uneven appearance. Whoever gets more information, they were able to become a social media master in the "elite class", whereas the others who did not have the opportunity of digital media are produced by the digital gap. The Advancement information of technology can solve the gap on the geographic space and time, but could not solve the problem of social gaps.
We can see that, in many human flesh search issues, people, especially net pals gather actively to take reactions to the people they cannot accept. Although they are not the ones that are in the core authority, they express the desire of gaining the power. That is to say, by searching people, they can get the achievement that they have never experienced before. Once people gains the power much more than they used to be, they won’t stop before getting too far. Therefore, the things they do have great possibility to make things more complicated and worsen. The social gap makes the information unbalanced. Moreover, the media usually stands in the side of people that are in the middle class or even lower class. They will tend to exaggerate the fact in order to meet people’s needs.
Not to mention the people that have no chance to use the internet. Based on the unbalanced information, and the theory ‘’Spiral of Silence’’ The facts will be covered by the majority. And the low class people normally are afraid of the pressure of the upper class opinion, so they won’t tend to give out perspectives. This is considered a improper circulation.

[Sources]  

Transcription 2

[Transcription 2]

Tony:
Hi, I am Tony and she is Alison, our topic is that '' Is It Proper Way of Evidence Collecting Method? ''
And I think it cannot be justified.

My points are that,
In order to maintain human dignity and the free development of respect for human, freedom and democracy are core values of the constitutional order. Privacy rights enumerated in the Constitution, though not explicitly, but based on human dignity and integrity of the maintenance of individual subjectivity and personality development, and for the protection of personal life private areas from harassment of others and self-control of personal information, privacy is considered to be the basic rights not cannot be lack of. The problem is that human rights of privacy often has conflicts with human flesh search. In addition to the fact that human flesh search invades people's privacy, the long-term harm that has brought to them may not balance with the degree of punishment, violating the principle of ''crime and punishment balance (罪刑相當原則) '', but may also be in violation of "presumption of innocence (無罪推定原則)" and "due process (正當法律程序)" So it should be properly regulated and give relief to the victims of the pipe. Even the victims petition of relief, it is also time-consuming and money is significant, also the profit of winning the petition is often less than the original plan in mind, so relief is the last of the petition means.''

So, We should not prohibit hate speech, because it was not the best response to the person holding the mentality of hatred.

And these are my part. Let's welcome Alison.

----------------------------------------------------------

Alison: 
OK, uh… This is a Gutenberg 古騰堡 books. He invented the movable type 活字印刷 so there is… we have books. And now we has… have magazines newspaper and radio, televisions. Uh… all these media help us transmit the information quickly an extensively. However, what we… the information we accept is controlled by these mass media. (Turn next page) Now we have blogs, they can help… uh….because on…uh…. Because not everyone has the chance to uh… convey his idea in a TV program. And now we have blogs. Everyone can use blogs to tell, to write the articles on the Internet. And people all over the world can see his article. Just like a professor of law, Glenn Reynolds said that “ the power once concentrated in the hands of a professional few has been redistribute… redistributed into the hands if the amateur many.” (Turn next page) Uh… I want to talk about the Citizen Journalist 公民記者. Bloggers can use his blogs to write a report like a professional repor…journalist. Un… This is an example. Business Weekly is 商業週刊. They…uh… they have a report. They incited a food safety scare with an unproven report claiming several popular milk products contained banned [drugs]. And this is a vet’s blog. He wrote an article on his blog to refute the Business Weekly’s report. And he… he… It looks like a real… news! And he have many evidence he collected on the Internet or his experience And It looks more persuasive than the Business Weekly And human flesh search is a tool to collect these evidence. …Another example…uh…Da Tzai Yang is a Chinese uh….uh….venal official. And his bad behavior is exposed in public with human flesh search. You can see the netizens… This is Weibo um…it is a blog. The netizens collect all… all of his pictures to find out he has many many expensive watches. There is other netizens. They provide other pictures. You can see the watches. His watches are very very expensive. It is…it is the power of human flesh search. I think everybody first heard “human flesh search” has the bloody imagination that it [is] like the… a group of hungry condors eaten by… eat the corpse, the target of human flesh search. I think it is not true. You can see how human flesh search help us to find out the… uh… truth. Human flesh search is not used to invade one’s privacy. It is a proper…proper tool for these citizen journalists to collect evidence to help us to find out the truth.

 Thank you.

Annotation 3 (Revision) - Proper Law Procedure is the Only Way to Strike the Balance Between the Freedom of Speech and Moral Denouncement

[Anno3 Revised]
   
   We all know that in the contemporary society, the freedom of speech should not be deprived. That is to say, if the right of speaking and writing freely has to be protected, why the arguments as well as the opinions that stand in the minority should be forced to be human flesh searched? If the speech or perspective is improper or offending, why not deliver the person to the proper law treatment? 

    I found an article that explains the confusion of law on '' Law Taiwan.com(台灣法律網)'' It points out that '' In order to maintain human dignity and the free development of respect for human, freedom and democracy are core values of the constitutional order. Privacy rights enumerated in the Constitution, though not explicitly, but based on human dignity and integrity of the maintenance of individual subjectivity and personality development, and for the protection of personal life private areas from harassment of others and self-control of personal information, privacy is considered to be the basic rights not cannot be lack of. The problem is that human rights of privacy often has conflicts with human flesh search. In addition to the fact that human flesh search invades people's privacy, the long-term harm that has brought to them may not balance with the degree of punishment, violating the principle of ''crime and punishment balance (罪刑相當原則) '', but may also be in violation of "presumption of innocence (無罪推定原則)" and "due process (正當法律程序)" and cause "rehabilitated (更生)" obstacles, so it should be properly regulated and give relief to the victims of the pipe (Civil Code Section 195, Penal Code section 310, etc.); but even the victims petition of relief, it is also time-consuming and money is significant, also the profit of winning the petition is often less than the original plan in mind, so relief is the last of the petition means.'' 


    I also read an article online that is written by professor Hsheh who majors in law, he makes notes that John Mill, the famous political economist said, freedom of speech allows people the chance to get the truth. His reason, is nothing more than a variety of views can be fully discussed in the world of freedom of speech, the truth is out. You can easily see that this idea is not only presupposes the willingness and ability of people to have a rational discussion, more fundamental , is the need for the majority of people have freedom of speech, only you have, or just you and your companions, little effect. The professor Hsheh also points out that we should not prohibit hate speech, because it was not the best response to the person holding the mentality of hatred.


    That is, the ‘’aliens’’ such as people or speech should not be banned as well as be searched out even if most people cannot accept the different speech what he or she said. Once it involves law or country safety issue, which is serious and tremendous, the profits and the efficiency of finding out the negative figures such as greedy agents. However, the improper procedure makes the whole thing become illegal, and it will also harm the people that innocence, why not deliver it to the accurate law procedure?


[Sources]

2013年12月4日 星期三

Reflections for teacher-student conferences1

      During the meeting of the politics and economic groups with Emma in the Mid-term time, Allyson and I still were the ones that  had difficulty finding the basic argument for our topic. 
    
    Thanks to Emma, who always takes great concern about us, ask the other groups to help us with the problem. And we finally find out our direction and also figure out our problem. In our original topic '' Can Human Flesh Search stand in justice?'' We focus too much on '' Human Flesh Search'' itself. That is, we spent too much time on emphasizing the consequences of Human Flesh Search and the behavior itself. However, this makes us hard to come up with some specific and clear ideas to distinguish our perspective. Because, focusing on human flesh search itself cannot highlight our contention. Therefore, we tries to focus more about the political and law problems, such as the freedom of speech, the efficiency of human flesh search for helping people solving problems like crimes, and the law restriction on it. By directing us to the political and law issue, I started to find my strong contention through the topic. 

    What I've learned from the other groups in politics and economic are the elegant and effectual attitude. That is, when discussing and debating the political or economical issue, we have to prove our point step by step in ordered. It is important to find more evidence to prove the contention. From Knot and Robert's group, I learned that politics is made up by various of elements that have bound with each others. Every element deeply influences each other and has much to do with the main issue. To stand well in the topic, we have to fully understand the what the laws and the evidences, give out confidence when facing the audience, and speaks in a good pace. Most important of all, our ideate must be clear and build up the points gradually.

Annotation3 - Proper Law Procedure is the Only Way to Strike the Balance Between the Freedom of Speech and Moral Denouncement

[Annotation 3]    

   We all know that in the contemporary society, the freedom of speech should not be deprived. That is to say, if the right of speaking and writing freely has to be protected, why the arguments as well as the opinions that stand in the minority should  be forced to be human flesh searched? If the speech or perspective is improper or offending, why not deliver the person to the proper law treatment? 

    I found an article that explains the confusion of law on '' Law Taiwan.com(台灣法律網)'' It points out that '' In order to maintain human dignity and the free development of respect for human, freedom and democracy are core values of the constitutional order. Privacy rights enumerated in the Constitution, though not explicitly, but based on human dignity and integrity of the maintenance of individual subjectivity and personality development, and for the protection of personal life private areas from harassment of others and self-control of personal information, privacy is considered to be the basic rights not cannot be lack of. The problem is that human rights of privacy often has conflicts with human flesh search. In addition to the fact that human flesh search invades people's privacy, the long-term harm that has brought to them may not balance with the degree of punishment, violating the principle of ''crime and punishment balance (罪刑相當原則) '', but may also be in violation of "presumption of innocence (無罪推定原則)" and "due process (正當法律程序)" and cause "rehabilitated (更生)" obstacles, so it should be properly regulated and give relief to the victims of the pipe (Civil Code Section 195, Penal Code section 310, etc.); but even the victims petition of relief, it is also time-consuming and money is significant, also the profit of winning the petition is often less than the original plan in mind, so relief is the last of the petition means.'' 

    I also read an article online that is written by professor Hsheh who majors in law, he makes notes that John Mill, the famous political economist said, freedom of speech allows people the chance to get the truth. His reason, is nothing more than a variety of views can be fully discussed in the world of freedom of speech, the truth is out. You can easily see that this idea is not only presupposes the willingness and ability of people to have a rational discussion, more fundamental , is the need for the majority of people have freedom of speech, only you have, or just you and your companions, little effect. The professor Hsheh also points out that we should not prohibit hate speech, because it was not the best response to the person holding the mentality of hatred.

    That is, the different should not be banned as well as be searched out even if most people cannot accept what he or she said. If it involves law and country safety issue, why not deliver it to the accurate law procedure.


[Sources]
http://phiphicake.blogspot.tw/2013/04/blog-post_17.html

http://www.lawtw.com/article.php?template=article_content&area=free_browse&parent_path=,1,4,&job_id=101996&article_category_id=2235&article_id=101996