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Determination of Liability for Violation of “Sexual Autonomy” and Compensation for Mental Damages
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作者 姚邢 jiang lin(translated) 《The Journal of Human Rights》 2024年第2期347-372,共26页
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute... At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated. 展开更多
关键词 sexual autonomy personality rights VIOLATIONS liability investigation
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The Systematic,Fair and High-quality Development of the Right to Education in China
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作者 龚向和 jiang lin(translated) 《The Journal of Human Rights》 2021年第5期754-760,共7页
Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotio... Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education. 展开更多
关键词 right to education systematic FAIR HIGH-QUALITY
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Important Features of the Human Rights White Paper in the New Era
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作者 付子堂 jiang lin(translated) 《The Journal of Human Rights》 2021年第5期733-737,共5页
As an important government document that expresses the Chinese government’s position,tells the truth,summarizes historical experience,and publicizes China’s plans,the human rights white paper plays a role in emancip... As an important government document that expresses the Chinese government’s position,tells the truth,summarizes historical experience,and publicizes China’s plans,the human rights white paper plays a role in emancipating the mind and lays a solid foundation for building China’s human rights discourse system.Covering a wide range of topics,the white paper always aims to solve people’s immediate practical problems.The human rights discourse system has gradually shown three major theoretical trends:the objectification of language,the simplification of expression,and the autonomy of communication and interaction.With the overall development of China’s human rights cause,the human rights white paper in the new era will continue to play its unique function of goal guidance. 展开更多
关键词 historical significance pragmatic style theoretical orientation goal-driven
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