On the Right to Life

The COVID-19 pandemic is not only the first public health emergency that human beings are jointly faced with, but also the first time that mankind is confronted with a tremendous disaster together To face lives rationally in a pandemic, "criteria" and "rules" need to be regulated by reason Amid such a catastrophe, we need to reply to questions such as whether the right to life should take precedence over other rights and whether each individual’s life should be treated equally, the answers to which, of course, are definitely positive With the advent of a risk society, public health emergencies are no longer occasional incidents Instead, they might become a more frequent problem in the development of modernity In the community with a shared future for human beings, to protect human rights, the humanitarian spirit, the principle of equality and the idea of justice by playing the role of the state will become a new normal in safeguarding the right to life.

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

On Confucious Human Rights Discourse

As to the contents of Confucian discourse of human rights there are four topics which are being or not-being,history,relationship and constructivism on Confucian-human right.According to the different criteria of being or not being on Confucian-human right there are three points:not being in ancient times,being in ancient times,not being originally and being later.There are three points too on relationship of Confucian-human right:exclusion,integration and conversion.what is sometimes overlooked on the history of Confucian-human right is eastern studies introduced to the west.The traditional Chinese thoughts had an important effect on western human right idea and normative text.Du Gangjian,a well-known expert on Chaoshan new Confucianism in construction of Confucian-human right,constructs a theory system of Confucian human rights by Confucius’ideas.Taken together,Confucian discourse of human rights is at the cross-section when China mingled with the western countries and the modern replaced the ancient.The commensurability of human rights is just made at this point.