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Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain
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作者 王惠茹 chen feng(translated) 《The Journal of Human Rights》 2024年第2期393-419,共27页
As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent ye... As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights. 展开更多
关键词 business and human rights human rights due diligence supply chain international soft law mandatory due diligence
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The Human Rights value and the Global Implications of China’s Law-based Modernization 被引量:1
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作者 付子堂 chen feng(translated) 《The Journal of Human Rights》 2023年第6期1166-1173,共8页
China’s law-based modernization profoundly reflects the glorious history of the Communist Party of China’s continuous exploration of the development path of the rule of law.It has profoundly changed China,and is gre... China’s law-based modernization profoundly reflects the glorious history of the Communist Party of China’s continuous exploration of the development path of the rule of law.It has profoundly changed China,and is greatly affecting the course of world history.Xi Jinping,General Secretary of the Communist Party of China(CPC)Central Committee says that“The fundamental purpose of promoting the comprehen-sive rule of law is to safeguard the people’s rights and interests in accordance with the law.” 展开更多
关键词 LAW VALUE PROFOUND
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Improvement of the Legal System for Addressing the Issue of Elderly Care in China in the Context of Population Aging
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作者 李贤森 chen feng(translated) 《The Journal of Human Rights》 2023年第6期1251-1276,共26页
Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population a... Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization. 展开更多
关键词 population aging legal response the elderly and children old-age care family planning policy
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The Protection of Right of Minors to Express Their Opinions in Family Litigations
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作者 刘敏 chen feng(translated) 《The Journal of Human Rights》 2023年第6期1299-1318,共20页
The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or dec... The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors. 展开更多
关键词 family litigations the right of minors to express their opinions procedural guarantee ensuring the best interests of minors
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Legal Protection of Human Rights in the Digital Era
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作者 齐延平 chen feng(translated) 《The Journal of Human Rights》 2023年第6期1177-1184,共8页
Xi Jinping,General Secretary of the Communist Party of China(CPC)Central Committee said that“We should insist that everyone is equal before the law,respect and protect human rights throughout all aspects of legislati... Xi Jinping,General Secretary of the Communist Party of China(CPC)Central Committee said that“We should insist that everyone is equal before the law,respect and protect human rights throughout all aspects of legislation,law enforcement,ju-diciary,and law-abiding,accelerate the improvement of a legal system that reflects fairness in rights,opportunities,and rules,so as to protect citizens’personal rights,property rights,and personality rights,to guarantee citizens’basic political rights such as participating in democratic elections,democratic consultations,democratic decision-making,democratic management,and democratic supervision,and to protect citizens’rights in various aspects such as economy,culture,society,and environment,continuously enhancing the protection of human rights based on the rule of law.” 展开更多
关键词 LEGAL LAW EVERYONE
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History and Logical Progression of China's Public Health System——From the Perspective of the Protection of the Right to Health
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作者 付子堂 庞新燕 chen feng(translated) 《The Journal of Human Rights》 2022年第6期1104-1130,共27页
A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of ... A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system. 展开更多
关键词 public health system right to health theoretical logic practical logic rule of law
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The Moral Orientation of Solidly Promoting Common Prosperity for All People in the New Era
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作者 张振卿 chen feng(translated) 《The Journal of Human Rights》 2022年第6期1202-1221,共20页
The moral connotation of solidly promoting common prosperity for all people in the new era has been formed in the interaction between history and practice.It features the full coverage of the subjects of common prospe... The moral connotation of solidly promoting common prosperity for all people in the new era has been formed in the interaction between history and practice.It features the full coverage of the subjects of common prosperity,the richness of the content,the gradualness of the process,and the authenticity of the practice.As the core structural elements,the three units of consciousness,namely,the moral logic of putting people first,the moral model of coordinated development,and the moral ideal of coexistence,form the organic whole of the moral pattern of solidly promoting common prosperity for all people in the new era.The moral practice of solidly promoting common prosperity for all people in the new era refers to the maximum realization of the value and dignity of human survival and development.The pursuit of high-quality development is also the striving for common prosperity,the pioneering spirit and collective consciousness highlighted in the construction of the demonstration zones for realizing common prosperity,and the role of the third distribution and the upholding of fairness and justice have vividly demonstrated the moral practice of solidly promoting common prosperity for all people in the new era. 展开更多
关键词 common prosperity high-quality development moral orientation new era
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Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity
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作者 曹薇薇 chen feng(translated) 《The Journal of Human Rights》 2022年第3期553-580,共28页
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac... The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era. 展开更多
关键词 protecting women’s rights and interests Law on the Protection of Women’s Rights and Interests legislation system amendment of the law
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The Main Characteristics of China’s International Human Rights Cooperation and Exchanges from 2010 to 2020
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作者 罗艳华 chen feng(translated) 《The Journal of Human Rights》 2020年第6期795-818,共24页
China’s international human rights cooperation and exchanges from 2010 to 2020 have the following main characteristics: China’s cooperation with United Nations multilateral human rights institutions is the main part... China’s international human rights cooperation and exchanges from 2010 to 2020 have the following main characteristics: China’s cooperation with United Nations multilateral human rights institutions is the main part of China’s international human rights cooperation and exchanges China has been deeply involved in cooperation with UN multilateral human rights agencies and is playing an increasingly important role in them Bilateral human rights dialogues are the main focus of China’s bilateral human rights cooperation and exchanges, and in recent years the objects of the human rights dialogue have been expanding In addition to the official level of multilateral and bilateral human rights cooperation and exchanges, the Chinese government also encourages human rights organizations to actively participate in the international human rights exchanges and makes those organizations play an increasingly important role in international human rights exchanges The Chinese human rights organizations also develop innovative ways for international human rights exchanges and become an important channel for the international community to understand the ideas and situation of human rights protection in China. 展开更多
关键词 China international human rights cooperation international human rights exchanges
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