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The Historical Position and Value Dimensions of Human Rights Civilization
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作者 鲁广锦 PAN Yingzhao 《The Journal of Human Rights》 2024年第1期11-41,共31页
Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are ... Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind. 展开更多
关键词 human rights civilization four awakening eras of human rights value dimensions of human rights Chinese modernization new pattern of human rights civilization with Chinese characteristics
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Human Rights and Development:China's Contributions Based on a Larger Concept of Human Rights
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作者 WU Wenyang LI Rong 《The Journal of Human Rights》 2024年第4期776-801,共26页
The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Mea... The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Meanwhile,the United Nations human rights and development agenda also has its limitations.Against such a backdrop,China's path of human rights development has avoided the trap of human rights confrontation and the clash of civilizations.It has set an example of complementarity and positive interaction between human rights and development by unifying collective human rights with individual human rights and integrating the universality and particularity of human rights.Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered a speech at the 37th group study session of the Political Bureau of the CPC Central Committee on China's Path of Human Rights Development.This elevated China's human rights development to a new historical height.Practice has proved that China's concept and path of human rights in the new era have not only effectively promoted the development of its human rights cause,but also contributed Chinese wisdom to the global cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a community with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to enhancing the discourse power of developing countries in human rights and building a fairer,more just,more reasonable and more inclusive system for global human rights governance. 展开更多
关键词 human rights and development a larger concept of human rights global human rights governance China’s path of human rights development
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Pragmatist View of Human Rights:Theoretical Explanations of China’s Human Rights Practice
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作者 YU Xiqiao GUO Dong 《The Journal of Human Rights》 2024年第3期614-636,共23页
The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditi... The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights. 展开更多
关键词 pragmatist view of human rights rights and claims realization of rights cooperativism development
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Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution
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作者 FAN Jinxue 《The Journal of Human Rights》 2024年第3期521-547,共27页
The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the develop... The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law. 展开更多
关键词 inclusion of the human rights clause in the Consti-tution regulations on fundamental rights Chinese path of human rights development historical logic practice logic
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Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si... On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results. 展开更多
关键词 The Universal Declaration of Human rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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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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Twenty Years of the Implementation of the Human Rights Clause in the Constitution:Achievements,Implications,and Research Topics
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作者 HAN Dayuan 《The Journal of Human Rights》 2024年第3期509-520,共12页
On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“th... On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude. 展开更多
关键词 PERSONS human rights CONSTITUTION human rights clause
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From the Subjectivity of Human Rights to the Universality of Human Rights——A Preliminary Interpretation of the Theory on the Subjectivity of Human Rights
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作者 HUANG Jinrong 《The Journal of Human Rights》 2024年第3期709-733,共25页
Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of ra... Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of radical universality and strong universality based on the concept of natural human rights are too idealistic and thus have a high risk of being alienated into a tool of international re-pression in practice. On the contrary, the theory on the subjectivity of human rights can effectively defuse this risk brought about by radical universality and strong universality. Advocating a transition from the universality of human rights to the subjectivity of human rights not only keeps in line with the actual construction process of international human rights, but can also effectively interpret the practical difficul-ties in the realization process of international human rights. Therefore, it can be used as another alternative theory on human rights beyond the theory of natural human rights. 展开更多
关键词 human rights UNIVERSALITY SUBJECTIVITY concept of natural human rights
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An In-depth Interpretation of the Universal Declaration of Human Rights With the Common Values of Humanity As the Research Paradigm
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作者 ZHANG Wenxian 《The Journal of Human Rights》 2024年第3期495-508,共14页
Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,... Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization. 展开更多
关键词 common values of humanity paradigm based on the common values of humanity Universal Declaration of Human rights views of human rights three global initiatives
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The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law
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作者 ZHAI Han 《The Journal of Human Rights》 2024年第3期548-566,共19页
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ... The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance. 展开更多
关键词 human rights clause foreign-related rule of law socialist constitution constitutionalization of human rights
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Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”
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作者 王新怡 黄安杰 QIAN chuijun(Translated) 《The Journal of Human Rights》 2024年第2期476-481,共6页
On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and r... On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China. 展开更多
关键词 Chinese path to modernization Chinese human rights civilization China’s indigenous human rights knowledge system free and comprehensive human development
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Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law
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作者 Yen-Chiang Chang Xiaonan Zhao 《Chinese Journal of Population,Resources and Environment》 2024年第1期1-9,共9页
The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually ente... The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard. 展开更多
关键词 Fukushima nuclearcontaminated water Crimes against humanity Remedy for violations of human rights Right to environment Right to life
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Research on the Reform of"Separation of Three Rights"for Rural Homesteads in Juancheng County,Shandong Province
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作者 Jianglin MU Shiqin YANG 《Asian Agricultural Research》 2024年第7期12-18,共7页
In order to realize rural revitalization in an all-round way and promote the sustainable and healthy development of the economy and society,China is committed to deepening the pace of building a new countryside with C... In order to realize rural revitalization in an all-round way and promote the sustainable and healthy development of the economy and society,China is committed to deepening the pace of building a new countryside with Chinese characteristics.The reform of the"Separation of Three Rights"of rural homesteads is a key measure,which aims to activate rural resources,enhance the vitality of rural economic development,and then promote the overall process of rural revitalization.This study selects Juancheng County,Heze City,Shandong Province as a typical case.Through an in-depth analysis of the relevant policy orientation of the national homestead reform and the specific practice of local promotion work,it systematically sorts out the registration of homestead rights,transfer of use rights and relevant policy measures adopted in paid use,qualification conversion,policy publicity and system establishment.After in-depth research on the system reform practice of the"Separation of Three Rights"of homesteads in Juancheng County,this paper reveals the main problems existing in the current reform,including the lack of clear policy support for the mechanism of paid use of homesteads,difficulties in the process of identifying qualification rights and challenges,the imperfection of the transfer mechanism of use rights,and the lack or lag of relevant policies.A series of problem-oriented policy suggestions are put forward,including establishing and improving the system of paid use of rural homesteads,improving the income distribution mechanism,promoting the innovation of the mortgage guarantee system for the right to use homesteads,and optimizing the homestead qualification certification procedures.These suggestions aim to provide a useful reference for the Juancheng County Government in promoting the reform of"Separation of Three Rights"of homesteads,and then promote the rational allocation and efficient utilization of rural homestead resources. 展开更多
关键词 Rural homesteads "Separation of Three rights" Rural revitalization Juancheng County
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Understanding the Human Rights of Modern Individuals—Revisiting Habermas’s Dual Critique and the Reconstruction of Intersubjectivity
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作者 杨畅 PAN Yingzhao(Translated) 《The Journal of Human Rights》 2024年第2期420-475,共56页
Human rights are not only pivotal in depicting the relationship between individuals and communities but also a focal point of political philosophical concerns oriented towards reality. The inseparability of human righ... Human rights are not only pivotal in depicting the relationship between individuals and communities but also a focal point of political philosophical concerns oriented towards reality. The inseparability of human rights from individual self-identity reveals a contradiction between practicality and historicity in understanding individuals, as highlighted in the debate between liberalism and communitarianism. In order to reconcile this contradiction, Habermas,drawing from German classical philosophy, examines practicality and historicity separately: while Fichte intertwines objectivity in self-identity, revealing the practicality of individuals but neglecting their real elements, Hegel interprets self-identity under the concept of unity,examining individuals from a historical dimension but letting rational rules dominate reality. Ultimately, Habermas reconstructs the process of modern individual self-identity from the theory of communicative action by critiquing the shackles of subjective philosophy. He not only reconciles the divergence between practicality and historicity in self-identity, but also elucidates the intersubjective core inherent in human rights. 展开更多
关键词 human rights SELF-IDENTITY PRACTICALITY HISTORICITY INTERSUBJECTIVITY
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On the Dilemma of Contemporary Liberal Theory of Moral Rights for Penalty Justification——Exemplified by the Right to Personal Liberty
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作者 ZHANG Fengming LIU Zuoyong 《The Journal of Human Rights》 2024年第4期951-975,共25页
Contemporary liberal theory on moral rights argues that moral rights associated with personal liberty constitute a strong constraint on the boundaries of state power.Therefore,the core issue of the penalty justificati... Contemporary liberal theory on moral rights argues that moral rights associated with personal liberty constitute a strong constraint on the boundaries of state power.Therefore,the core issue of the penalty justification is not the purpose of the penalty,but the reason for the penalty to refrain from infringing on the moral rights of individuals.In order to justify the penal system,scholars have explored solutions such as limiting the content of rights,waiving rights,and finally rights forfeiture.However,the concept of rights forfeiture cannot be reasonably integrated into the framework of the liberal theory of moral rights.The failure of these attempts stems from the patchwork understanding of rights presupposed by the liberal theory of moral rights.There is another systematic way of understanding rights that offers a better justification.Individual rights are not an independent non-derivative moral justification,and both individual rights and the penal power of the state are only part of a specific(realistic or ideal)system of rules that collectively serve certain values.The real question of penalty justification is not why the punishment does not infringe on the moral rights of individuals,but whether the overall institutional arrangements,including the penal system,are justifiable for all citizens,including the punished. 展开更多
关键词 moral rights penalty justification consent forfeiture DEPRIVATION
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Digital Human Rights from the Perspective of System Theory——Concept Definition, Social Function, and Constitutional Basis
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作者 WENG Zhuangzhuang LI Donglin 《The Journal of Human Rights》 2024年第4期824-852,共29页
The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to in... The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to individuals from a semantic level,but ignore the significance of“digital human rights”to the whole society and its subsystems at the level of social structure.By introducing Niklas Luhmann's System Theory,this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiological-psychological“individual”as a social environment but a social“person”that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a“human”as a“person”,so they are possible in terms of conceptual definition.Digital human rights can help“people”lower the threshold for participation in digital communication,limit the excessive expansion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of“incorporating digital human rights into the constitution”.Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,making it feasible on the basis of the constitution. 展开更多
关键词 system theory HUMAN digital human rights social communication digital communication
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Access to Financial Services——An Analysis from the Human Rights Perspective
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作者 孙世彦 张贵军 SHEN Junjun 《The Journal of Human Rights》 2024年第1期173-201,共29页
There is a broad connection between finance and human rights,with finance having both positive and negative impacts on human rights.Everyone has a need for access to financial services.Documents in both the internatio... There is a broad connection between finance and human rights,with finance having both positive and negative impacts on human rights.Everyone has a need for access to financial services.Documents in both the international human rights and international finance fields address the relationship between financial services and human rights.Among financial services,microcredit and inclusive finance have the closest connection to human rights and potentially the greatest impact on human rights.Access to financial services promotes economic,social,and cultural rights as well as the rights of specific groups.The conditions for access to financial services to promote human rights require the state to assume obligations to recognize,respect,protect,and fulfill the need for individuals to access financial services,and to ensure the availability,accessibility,acceptability,and adaptability of basic financial services.Access to financial services has played a significant role in China’s comprehensive victory in the battle of poverty alleviation,providing valuable experience for the international community in poverty eradication,achieving sustainable development goals,and protecting and promoting human rights. 展开更多
关键词 financial service human rights perspective inclusive finance poverty eradication 4A scheme
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The Intervention Path of Fundamental Rights under the Scope of International Private Law
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作者 何叶华 SHEN Jinjun(Translated) 《The Journal of Human Rights》 2024年第2期373-392,共20页
In recent years, international private law scholars have argued for the radiating effect of fundamental rights on international private law by introducing constitutional theory. However,there remains a lack of systema... In recent years, international private law scholars have argued for the radiating effect of fundamental rights on international private law by introducing constitutional theory. However,there remains a lack of systematic research on how fundamental rights should be integrated into judicial practices concerning foreign-related civil and commercial cases. Throughout the development of international private law, public policy has served as a historical carrier of substantive values for judicial entities and has consistently played a crucial role in value review. In cases of international private law where conflicts arise with the values of fundamental rights, public policy indirectly excludes the legal choice outcomes to safeguard the human rights values inherent in fundamental rights from infringement.However, due to limitations imposed by the degree of connection and relative conditions, traditional paths of public policy have certain constraints and cannot provide comprehensive protection for fundamental rights. Therefore, there is a need for judges to shift their logical paradigms, transcend bilateral choice-of-law models, and introduce a direct intervention path for fundamental rights. This direct intervention path utilizes the logical analysis framework of the protection scope,intervention, and justification of fundamental rights. It can effectively balance conflicting legal interests and maximize the protection of the fundamental rights of the parties involved. 展开更多
关键词 fundamental rights intervention path public policy analysis framework
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Rights Risks of Using Affective Computing Technology in Public Governance and Their Regulation
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作者 LI Tangjie CHEN Feng 《The Journal of Human Rights》 2024年第4期802-823,共22页
As the frontier of intelligent computing technology,affective computing has been used in border inspection,case investigation,crime assessment,public opinion management,traffic management and other scenarios of public... As the frontier of intelligent computing technology,affective computing has been used in border inspection,case investigation,crime assessment,public opinion management,traffic management and other scenarios of public governance.However,there are still public risks associated with its failure to meet the basic requirements of modern public governance,and these risks are rooted in its technical characteristics.The technical characteristics of turning emotions into signals can give rise to such problems as degrading the right to informed consent,de-governance,and undermining human dignity when applied in public governance,and consequently can lead to social rights anxiety.Additionally,the affective modeling characteristics of affective computing tend to incur the rights risks of insufficient algorithm accuracy,algorithmic discrimination,and algorithmic black boxes.To avoid these risks,it is necessary to adopt the dynamic consent model as the premise for applying affective computing in public governance,and to regulate the auxiliary application of affective computing in public governance in a hierarchical manner,to achieve a balance between the application of affective computing technology and the protection of citizens'rights and the maintenance of public ethics. 展开更多
关键词 public governance affective computing rights risks risk regulation
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The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement
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作者 莫杨燊 NI Weis 《The Journal of Human Rights》 2024年第1期143-172,共30页
The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen... The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted. 展开更多
关键词 personal information digital human rights dynamic system theory constitutive elements of torts LIABILITY
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