Speech at the Seminar Commemorating the 75^(th)Anniversary of the Universal Declaration of Human Rights

Seventy-five years ago,when the haze of World War II was still dissipating,the pursuit of human rights and peace had long been in progress.On December 10,1948,the Universal Declaration of Human Rights(hereinafter referred to as the Declaration)came into being as the fog of war gradually gave way to sunshine.This document,which is of great significance in the history of human civilization,reaffirms the inherent dignity of all members of the human family,calls on all countries to respect human rights,and advocates pluralistic consensus to address confrontations and conflicts.

Reaffirming the Significance of the Universal Declaration of Human Rights and Upholding the Highest Values of Human Rights in the New Era

It is of particular significance to commemorate the 75th anniversary of the Universal Declaration of Human Rights on the special occasion of the 10th National Constitution Day.In reviewing the Universal Declaration of Human Rights,I’ll share my insights and reflections in three aspects.

Viewing Chinese modernization and Its Requirements for Human Rights Protection from the Perspective of Human Development

Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.

People's Well-rounded Development:The Value Orientation of Common Prosperity in the New Era

Achieving common prosperity for all is an important feature of Chinese modernization and an essential requirement of socialism with Chinese characteristics,with the core value orientation of promoting the people’s well-rounded development.This reflects the close relationship between people’s well-rounded development and common prosperity and implies that common prosperity is not just an economic issue,but also a political matter,a moral subject,and a human rights goal.Being“people-centered”is the core positioning of common prosperity,with its inherent collective and individual attributes.In terms of the object dimension of prosperity,it encompasses a wide range of rights such as material and spiritual well-being,which are advanced in a coordinated manner,and a deepening level of guarantee gradually improving.In the practical concept of“shared development,”it emphasizes the unity of state obligations and individual responsibilities,as well as the phased approach and promotion of common prosperity through the rule of law.Therefore,the essence of common prosperity lies in shifting from a“material-centered”perspective to a“people’s well-rounded development-centered”perspective.It combines the principles of fairness and inclusiveness with the recognition of diverse developmental needs.The focus is on enhancing the subjective initiative of the people,aiming to truly achieve the happiness of the people and promote people’s well-rounded development through the realization of“common prosperity.”

Constructing China’s Human Rights Science:Cause,Cognition,and Paradigm

“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential requirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China’s Human Rights Science originated in China,grew in China,and deepened through China’s human rights practices.China’s Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China’s national conditions,as pursued by the Communist Party of China in leading the people.China’s Human Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.

Responsibility Distribution Between the Government and Society in Guaranteeing Basic Senior Care Services

The 20th National Congress of the Communist Party of China put forward the task to ensure all elderly people enjoy basic senior care services.In an aging society,basic senior care services are key to protecting the basic human rights of the elderly.The government-society partnership is an ideal model to guarantee basic senior care services.In terms of responsibility distribution,the government and social organizations should follow the principle of subsidiarity.On the one hand,social organizations undertake the responsibility to provide basic senior care services under public constraints with regard to service prices,service content,and service targets;On the other hand,the government is the responsible guarantor for minimum senior care services and the prevention of risks.The government’s responsibility of guaranteeing minimum senior care services lies in the government taking over relevant projects after the occurrence of risks.Constrained by the principle of subsidiarity,the government’s responsibility for risk prevention shifts from ex-ante prevention to interim and ex-post prevention.Emphasis should be placed on the principle of the government and society assuming shared responsibilities for risk prevention and achieving risk prevention through government spending.

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.

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.

An Unconventional Model of Poverty Alleviation Directed by the Human Rights Approaches:based on an Observation of the Targeted Poverty Alleviation Policy and Its Practice in Weixian County of Hebei Province

Against the background that poverty alleviation is increasingly linked to the human rights-based approach in the international community,an issue arises concerning how to assess the targeted poverty alleviation strategy in China from a human rights perspective.The human rights-based approach emphasiz connecting poverty alleviation with those rights recognized in international human rights conventions,with a focus on the notion of multi-dimensional poverty and the empowerment and accountability in the process of poverty alleviation.The targeted poverty alleviation in China embodies the notion of capability poverty and adopts a multi-dimensional poverty alleviation strategy.The principles of empowerment and accountability have also been implemented to a large extent.All of the elements existing in the targeted poverty alleviation model such as super political will,government dominance,targeted implementation and unconventional mobilization are critical to ensuring the eventual success of poverty alleviation and human rights protection therein.Generally speaking,some deficiencies in respect of empowerment and rule of law in targeted poverty alleviation will not hinder the overall effectiveness of poverty alleviation.Nevertheless,it will be very helpful to reinforce the empowerment and rule of law in order to insure the fairness and sustainability in poverty alleviation,especially in the inevitable transition from an unconventional model ofp overty alleviation to a conventional one in future.

Human Rights Connotations and Contemporary Values of Traditional Chinese People-Based Thinking

The time-honored traditional Chinese minben(people-based) thinking has rich implications for human rights. The concepts of min and minben are much in line with their contemporary counterparts of "human" and "people orientation". Upholding the belief of "people as the foundation of states", minben advocates the fundamental political status of the people, and requires leaders to implement "people-oriented" policies. Its encapsulation of the theoretical foundation and basic requirements for the protection of human rights enabled it to promote the protection of people’s livelihoods and civil rights in ancient China. Its sublimation in contemporary China has had, and will continue to have, a far-reaching impact on the development of human rights in China.

Summary of the Seminar on China's Theory and Practice of the Right to Peace

On September 11, 2017, the Seminar on China’s Theory and Practice of the Right to Peace was held at Nanjing University. It was jointly organized by the China Society for Human Rights Studies(CSHRS) and the Publicity Department of the Communist Party of China Jiangsu Provincial Committee, and co-hosted by the Institute for International Strategic Studies at the Central Party School and the School of History at Nanjing University. More than 70 experts and scholars from universities and human rights institutes in China, and representatives of relevant governmental agencies and social organizations discussed in depth topics including "Research on the Basic Theory of the Right to Peace," "Practice of the Right to Peace and Peace in China," "Traditional Chinese History and culture and the Right to Peace," "Peaceful Construction of a Community with a shared future for Mankind," "Right to Peace and Irenology," and "Promotion and Discipline Construction of Irenology." This seminar has not only expounded China’s peaceful development concept and its outstanding contributions to world peace from the perspective of human rights, but also facilitated the construction of a theoretical system of human rights with Chinese characteristics.