Systematic and Theoretical Unfolding of Research on Xi Jinping’s Discourses on Respecting and Protecting Human Rights

Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights.

Acknowledging the Diversity of Modernisation as Foundation of a Common Understanding of Human Rights

Human thinking is apparently caught in dichotomies:it is about the we and the other,the latter often seen as barbarians;it is about the now and then;and all this thinking is characterised by a tension:while the grass seems to be greener on the other side,we are often inclined to refer to our own time,space and organisation as superior.This implies not only the rejection of the notion of equality,but also that there is no equality so between different patterns;it also proves difficult to truly accept diversity,or in other words:to accept that something is different,at least initially,without any valuation.

The Core of the Chinese Democracy Is to Respect and Protect Human Rights——A Summary of the Academic Seminar on Chinese Democracy and Human Rights Protection

On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.

The Focus on “Deeply Studying and Implementing the Spirit of the 20th Rights Development” CPC National Congress and Adhering to the Chinese Path of Human

on November 8, 2022, the China Society for Human Rights Studies held a seminar in Beijing on “Deeply Studying and Implementing the Spirit of the 20th CPC National Congress and Adhering to the Chinese Path of Human Rights Development”. Padma Choling, vice chairperson of the Standing Committee of the National People’s Congress and president of the China Society for Human Rights Studies, addressed the event. The participating experts and scholars focused on studying and implementing the spirit of the 20th CPC National Congress and conducted in-depth interpretations of the macro and micro issues centered on the Chinese path of human rights development from multiple perspectives. Here are excerpts from some of the experts’ discussions for reference. Selected papers include Dai Jitao’s “on Using the Constitutional Way of Thinking to Promote Allaround Development of Human Rights”, Gong Xianghe’s “Committed to the Chinese Path of Human Rights Development Featuring a Coordinated Relationship between Human Rights and Economic Development”, He Zhipeng’s “Core Elements of the Chinese Path of Human Rights Development”, Hua Guoyu’s “The Logic of China’s Human Rights Development in the New Era”, Li Chaoqun’s “The People-centered Discourses in the Chinese Human Rights Discourse System”, Zhang Aining’s “The Chinese Modernization: A Chinese Path Empowered by the Right to Development”, and Yang Bochao’s “The Cultures and Values of the Times Underlying the View of Human Rights in Contemporary China”. It is hoped that this collection of papers will help in studying and implementing the spirit of the 20th CPC National Congress and in understanding the important discourses on respecting and protecting the human rights, as Xi Jinping, General Secretary of the Communist Party of China(CPC) Central Committee, has said.

A “People-centered” Approach: The Chinese Deciphering of the Human Rights Theory

The contemporary Chinese human rights theory can be deciphered based on the "people-centered" concept. "Putting people in the center " is an approach to deve lopment,a concept of governance and a ruling orientation,and it is the idea shaping of the governing party,the ideological guideline for administrative organs and the principle of action for relevant personnel.The human rights system is thoughts,theories,systems and practice proposed by social groups and individuals to the social authority,especially the resource provider,around the basic demands for subsistence and development.Fundamentally speaking,the "people-centered" approach and the human rights system,though belonging to different political ethics and political philosophy fields,share many common points or similarities in their specific way of existence and operation process.Therefore,there is coherence between the "people-centered" approach and human rights,and there is systematic compatibility between the human rightsbased way of thinking and the people-centered governing concept.The two approaches share many commonalities in the implementation measures and actions,both requiring the integration of concepts,norms,systems and actions.The deciphering helps China to provide wisdom and marke contributions in enriching world human rights theories.

On the Commonness of “UN Core Human Rights Conventions”

As a main component of international human rights documents, the United Nations core human rights conventions show obvious formal and substance commonalities. The formal commonalities consist in their being adopted by UN General Assembly and their similarity in structure, subjects and systems. Their commonalities in substance include the similarity of contents, the homogeneity of the procedural mechanisms and the complementary nature of their normative interpretation. The commonalities among the UN’s core human rights treaties is the inevitable requirement of the universality and wholeness of human rights.

Human Rights Implications of Bringing the Building of a Moderately Prosperous Society in All Respects to a Successful Completion——From the perspective of the Developmentalism of Human Rights

The Developmentalism of Human Rights provides a broader perspective for a comprehensive and profound understanding of the human rights implications of bringing the building of a moderately prosperous society in all respects to a successful completion.From the perspective of the Developmentalism of Human Rights,bringing the building of a moderately prosperous society in all respects to a successful completion takes promoting the all-round development of human beings as the starting point and end point,which embodies the ultimate goal of human rights to guarantee everyone’s free,comprehensive and coordinated development;the specific goals and tasks set by bringing the building of a moderately prosperous society in all respects to a successful completion respond to the four means rights to subsistence,freedom,participation and equal protection.The realization of the goals and tasks of completing the process of building a moderately well-off society in all aspects marks a higher level of safeguarding the right to development,and also opens a new journey for all members of the society to develop freely,comprehensively and harmoniously.

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping’s series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people’s yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member’s original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China’s human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.

Historical Conditions and Experiences Summary of China’s Human Rights Development Path Since the Founding of the PRC

Since the founding of the People’s republic of china,the path of human rights development in china has been based on national liberation and state sovereignty.The practice of human rights protection in the 30 years before the launch of reform and opening-up accumulated the conditions for the practice after the launch of reform and opening-up.reform and opening-up have provided the great motivation and opportunity for the development of human rights in china.against the background of international practice,china’s human rights development path,since the founding of the People’s republic of china,has been developed in the fight against human rights diplomacy that interferes in china’s internal affairs with human rights used as a political tool.it has gone through the process from evasion to passive counterattacks,and then actively participating and playing a leading role.The 70 years’development of human rights in china shows that human rights progress is highly dependent on the country’s construction of the rule of law,and the coordinated and comprehensive promotion of human rights protection policies promotes the overall progress of the human rights.in order to promote human rights with development,the transition from the top-down path to the combination of top-down and down-top path is suggested.

Study on the Joint Meeting Mechanism for the National Human Rights Action Plan

The joint meeting mechanism for the National Human Rights Action Plan(NHRAP)is a multi-faceted mechanism which unifies political,legislative,administrative,judicial and social sectors.It undertakes the responsibility of formulating,implementing,supervising and evaluating the NHRAP,promotes mutual learning,exchange and competition among member units in the protection of human rights.Over the ten years since it was established,it has proved to be a successful innovative mechanism for protecting human rights that is in line with China’s national conditions.In order to improve the operation of the joint meeting mechanism the NHRAP,it is necessary to establish a more effective coordination mechanism within the joint meeting mechanism,and to subdivide the monitoring and evaluation functions into three levels.

The Action Logic of China's Human Rights Development in Three Dimensions

Building a moderately prosperous society in all respects is a milestone in China’s human rights development.It clearly reflects the profound action logic of the CpC leading the Chinese people to fight for and realize the protection of rights.At the level of values,the logic of rights for China’s human rights development is mainly manifested in four aspects:prioritizing the right to subsistence and the right to development in the rights system;importance given to citizenship and democracy by the goal of building a moderately prosperously society in all respects;advocating the right to unity and the right to participate in the common cause of the Chinese people;implementing the responsibility of leaders and managers to safeguard human rights.At the practical level,the protection logic of China’s human rights development mainly includes four links:firstly,gradual upgrading is a reliable procedure for the coordination of the human rights system;secondly,the rule of law is a solid foundation for the steady development of human rights;thirdly,the courage to explore is the important factor for the success of human rights practice;lastly,seeking common ground while shelving differences is the key consensus for mutual learning among human rights civilizations.In terms of time and space,China’s human rights development has achieved world-recognized success,laying a solid foundation for this endeavor to proceed,and providing experience and reference for people all over the world to pursue common human rights ideals.

The Logic of Change of the CPC’s Human Rights Discourse Since the Founding of the People’s Republic of China

Since the founding of the People’s Republic of China70 years ago,the human rights discourse of the Communist Party of China has been constantly updated.In the early years of the founding of the People’s Republic of China,the CPC spontaneously formed a collective discourse on human rights with the right to subsistence and self-determination as its core;in the 1980 s,in the process of reflection and refutation,the CPC paid more attention to individual rights,and gradually increased the sense of a human rights discourse with Chinese characteristics;since the 1990s,the CPC has combined the specific national conditions and the international environment to form a human rights discourse.The system of human rights discourse has been constructed in terms of the order of priority of human rights protection,path of human rights development,relationship between human rights and sovereignty,and development of the world human rights cause.Since the 18th National Congress of the CPC,the CPC has put forward the idea that"living a happy life is the primary human right"at home and the idea of building a Community with a Shared Future for Human Beings for the world,and the discourse system of human rights with Chinese characteristics has gradually been improved.The independent variable of the change of human rights discourse of the CPC is the specific national conditions at different stages and the recognition of national identity formed on this basis.The other variable is the international environment and external relations that China is facing.

An Academic Summary of the International Seminar Series on “State Responsibilities for the Protection of Human Rights in Public Health Crises”

On June 8,2020,an international video conference on"State Responsibilities for the Protection of Human Rights in Public Health Crises,"co-organized by the Human Rights Center of Jilin University,the Law School of Jilin University,the Theoretical Law Research Center of Jilin University and Saint-Petersburg State University of Russia,was successfully held under the guidance of the China Society for Human Rights Studies.Chinese and foreign experts and scholars from universities and research institutions at home and abroad participated in the discussion.In the context of a public health crisis and against the background of a complex international situation,the seminar discussed the responsibility of a state to protect human rights from the perspective of the rights and obligations of states regulated by international laws and the international cooperation exhibited by international relations.It fully demonstrated the importance of multilateral cooperation and promoted the concept of a community with a shared future for human beings.

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.

On the Relations Between National Security and Human Rights Defined in the Constitution of the People’s Republic of China

Counterterrorism,de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights,terrorism destroys the constitutional order and endangers people’s lives,freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism’s severe threat to human rights,all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However,they do have something in common,that is,counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights,and a dynamic principle of proportionality established for counterterrorism and human rights protection,so endowing the traditional principle of proportionality with flexible,rich value connotation.

The Paradox of “Mobility” and the Crisis of the Modern Human Rights Concept

The idea of human rights and the dynamics of reality have been shaped by one another throughout history.Together,they develop the character of an era.Through the observation of the human rights crisis caused by the CoViD-19 pandemic,"mobility"can be derived from the connections of space,behavior and values as an analytical concept,identifying and investigating those historic events and their milestone impact on the idea of human rights.by further applying mobility in the deconstruction of modernity,one can reveal a paradox in the globalization process,and deduct and explain the crisis of modern human rights concepts.The solution to the crisis calls for the return of autonomy in modern state and society,especially the state’s independent and political guidance for citizens in balancing diverse values.

From Country-specific Review to Universal Periodic Review:A Fairer International Human Rights Mechanism

In the Country-specific by the Commission on Human Rights,developed countries lead selective supervision and review the human rights conditions in developing countries,contributing to the inequality in the roles of developed and developing countries and highlighting the unfairness and unreasonableness of the international human rights mechanism.In the Universal Periodic Review by the Human Rights Council,developed countries and developing countries are procedurally equal when evaluating the human rights conditions of other countries,and the evaluation of human rights conditions has transitioned from selective to universal.The development from the Country-specific Review to the Universal Periodic Review system is the result of China and other developing countries working together to optimize the internal governance structure of the Human Rights Council to rationalize its operational logic.Although the Universal Periodic Review system cannot immediately change the predominant status of the Western human rights discourse,it provides a mechanism for all countries to express their human rights values on an equal footing.It is an important manifestation of a fairer and more reasonable international human rights mechanism.

Assessment of Human Rights Action Plans and Use of Its Results from a Global Perspective

Since the World Conference on Human Rights in 1993,more than a quarter of the participating countries have developed National Human Rights Action Plans(NHRAPs)to promote human rights.An assessment of the NHRAPs can help to understand the realities of the implementation,improve the quality of the follow-up plan,and improve the effectiveness of the plan in the implementation process.From the texts and practices of the NHRAPs,such an assessment includes the 'self-assessments' of the plans’ implementers,comprehensive assessments of inter-departmental committees(groups),and evaluations of policy objects,social organizations and human rights experts.The assessment methods include field research,qualitative evaluation,indicator measurement and process monitoring,among other things.The results of the assessment can promote the cohesion between the NHRAPs in different periods,promote the accumulation and transmission of the implementation experience of the plan,and promote the optimization and adjustment of related matters during the implementation period.

The Basic Direction of China's Human Rights Development

In 1991,the State Council Information office released the white paper Human Rights in China,which promoted China’s progress towards an era of protecting rights.The Chinese government has always believed that human rights development is compatible with economic development,and on this basis has continuously adjusted the level of human rights protection and practices.In terms of goals,China has developed from meeting people’s basic needs to delivering a better life;in terms of role positioning,China has transformed from an active participant to an active promoter;in terms of development mode,China has shifted from balanced development to coordinated advancement;in terms of discourse expression,China has changed from political discourse to law-based discourse.

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.