吾十有五而志于学,三十而立,四十而不惑,五十而知天命,六十而耳顺,七十而从心所欲不逾矩。——《论语·为政》著名的中西比较哲学家郝大维(David L.Hall)和安乐哲(Roger T.Ames)教授在《通过孔子而思》(Thinking Through Confucius...吾十有五而志于学,三十而立,四十而不惑,五十而知天命,六十而耳顺,七十而从心所欲不逾矩。——《论语·为政》著名的中西比较哲学家郝大维(David L.Hall)和安乐哲(Roger T.Ames)教授在《通过孔子而思》(Thinking Through Confucius)一书中以时间为轴线展开了对《论语》所代表的儒家哲学的深刻思辨。从十五到三十,由三十至七十,中国人传统的生命轨迹的每一个阶段都被赋予了一种使命,完成这个使命,生命所添附的意义世界才是完整的。若将这种"时序观"运用于中国的宪法与宪政事业。展开更多
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...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.展开更多
Under Article 2(1)of the International Covenant on Economic,Social and Cultural Rights,States undertake three primary obligations,namely"obligations of progressive realization,""obligations of non-retro...Under Article 2(1)of the International Covenant on Economic,Social and Cultural Rights,States undertake three primary obligations,namely"obligations of progressive realization,""obligations of non-retrogression"and"obligations to the maximum available resources."In a domestic constitutional setting,it has been firmly established that protection of economic,social and cultural rights is unavoidably linked to all kinds of economic resources,this so-called"resource-dependence dilemma"has posed serious constitutional challenges to fulfilling our commitments to human rights.It is therefore not only useful but also necessary to transform the three primary legal obligations under ICESCR into specific and concrete fiscal obligations.This article provides three approaches for a systematic construction of a financial analysis of economic,social and cultural rights protection.First,States should identify all the available revenues in a democratic process.Second,the budget allocation of economic resources per se is a matter of allocative justice,and State legislatures must act in a way that meets the essential requirements of allocative justice.Lastly,States are bound by certain legal principles to deal with reasonable budget expenditure,and this is the primary obligation for the executive.Based on intensive international comparisons of selected jurisdictions and China’s rights realities,this article proposes bifurcated solutions for China’s constitutional protection of economic,social and cultural rights both on horizontal and vertical levels regarding its ongoing fiscal reforms.展开更多
文摘吾十有五而志于学,三十而立,四十而不惑,五十而知天命,六十而耳顺,七十而从心所欲不逾矩。——《论语·为政》著名的中西比较哲学家郝大维(David L.Hall)和安乐哲(Roger T.Ames)教授在《通过孔子而思》(Thinking Through Confucius)一书中以时间为轴线展开了对《论语》所代表的儒家哲学的深刻思辨。从十五到三十,由三十至七十,中国人传统的生命轨迹的每一个阶段都被赋予了一种使命,完成这个使命,生命所添附的意义世界才是完整的。若将这种"时序观"运用于中国的宪法与宪政事业。
基金funded by the 2016 Shanghai Philosophy and Social Science Program(No:2016WJW005).
文摘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.
基金funded by Shanghai Philosophy and Social Sciences Young Member Research Project in 2019(Project No.2019FZX016)
文摘Under Article 2(1)of the International Covenant on Economic,Social and Cultural Rights,States undertake three primary obligations,namely"obligations of progressive realization,""obligations of non-retrogression"and"obligations to the maximum available resources."In a domestic constitutional setting,it has been firmly established that protection of economic,social and cultural rights is unavoidably linked to all kinds of economic resources,this so-called"resource-dependence dilemma"has posed serious constitutional challenges to fulfilling our commitments to human rights.It is therefore not only useful but also necessary to transform the three primary legal obligations under ICESCR into specific and concrete fiscal obligations.This article provides three approaches for a systematic construction of a financial analysis of economic,social and cultural rights protection.First,States should identify all the available revenues in a democratic process.Second,the budget allocation of economic resources per se is a matter of allocative justice,and State legislatures must act in a way that meets the essential requirements of allocative justice.Lastly,States are bound by certain legal principles to deal with reasonable budget expenditure,and this is the primary obligation for the executive.Based on intensive international comparisons of selected jurisdictions and China’s rights realities,this article proposes bifurcated solutions for China’s constitutional protection of economic,social and cultural rights both on horizontal and vertical levels regarding its ongoing fiscal reforms.
