Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights ...Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.展开更多
China has made remarkable achievements in poverty governance.It is of far-reaching significance to observe and interpret poverty reduction in China from the perspective of human rights.Mainstreaming human rights provi...China has made remarkable achievements in poverty governance.It is of far-reaching significance to observe and interpret poverty reduction in China from the perspective of human rights.Mainstreaming human rights provides a two-way perspective of observation.It can help observe poverty reduction in the"kaleidoscope"of human rights,and also can help understand human rights through poverty reduction,in particular,observe the status and development trend of human rights in national governance through the"governance revolution"triggered by poverty governance.An examination of poverty governance from the perspective of human rights will reveal that poverty alleviation has become a major"human rights project".The discourse,goals and approaches to poverty reduction have been marked with human rights imprints,and they are ultimately translated into the realization of the right to be free from poverty in the two dimensions of survival and development.To examine human rights through poverty reduction will reveal that the way of poverty governance is changing,which implies a development view based on human rights,and stimulates the subjectivity of citizens in the trend of democratic participation and pluralistic governance.The above change drives and advances the mainstreaming of human rights in the field of national governance and the deep change of governance.Definitely,how these signs and trends continue to thrive in a broader field and obtain more institutional support after 2020 in the post-poverty alleviation era.展开更多
文摘Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.
基金the phased findings from the 2016 Doctoral Program in Social Sciences in Chongqing:Evolving Economic Order and Practice of the Right to Development in China(Program No.:2016 BS048)the 2017 Humanities and Social Science Research Base Project of Chongqing Municipal Education Commission:Institutional Innovation and Legal Guarantee in Targeted Poverty Alleviation(Program No.:17 SKJ018)the In-house Research Program of Southwest University of Political Science and Law:Research on Long-term Mechanism of Targeted Poverty Alleviation in Rural Areas(Program No.:2018 XZQN-26)
文摘China has made remarkable achievements in poverty governance.It is of far-reaching significance to observe and interpret poverty reduction in China from the perspective of human rights.Mainstreaming human rights provides a two-way perspective of observation.It can help observe poverty reduction in the"kaleidoscope"of human rights,and also can help understand human rights through poverty reduction,in particular,observe the status and development trend of human rights in national governance through the"governance revolution"triggered by poverty governance.An examination of poverty governance from the perspective of human rights will reveal that poverty alleviation has become a major"human rights project".The discourse,goals and approaches to poverty reduction have been marked with human rights imprints,and they are ultimately translated into the realization of the right to be free from poverty in the two dimensions of survival and development.To examine human rights through poverty reduction will reveal that the way of poverty governance is changing,which implies a development view based on human rights,and stimulates the subjectivity of citizens in the trend of democratic participation and pluralistic governance.The above change drives and advances the mainstreaming of human rights in the field of national governance and the deep change of governance.Definitely,how these signs and trends continue to thrive in a broader field and obtain more institutional support after 2020 in the post-poverty alleviation era.
