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Legal Protection of the Right of Informed Consent of the Subjects of Human Clinical Trials in China
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作者 孟祥菡 shfn jinjun 《The Journal of Human Rights》 2022年第1期177-196,共20页
The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedi... The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedical research. In recent years, the legal protection of the right to informed consent for research subjects has been gradually improved in China. The right to informed consent for research subjects has been improved from an ethical norm to a legal norm. The legal status of legal norms has also been gradually improved. Based on the public law regulations, private law relief has been added to the legal relief system for the infringement of the right to informed consent for research subjects. As a result, the protection of rights has been enhanced. The domestic informed consent protection system is partially in line with international norms. The protection of the right to informed consent depends on the perfection of the legal system and the social consensus to respect human rights and the right to self-determination. 展开更多
关键词 SUBJECTS right to informed consent obligation to inform human clinical trials
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An Analysis of the Reflection of the Whole-process People’s Democracy in the Legislation of China
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作者 朱力宇 shfn jinjun 《The Journal of Human Rights》 2022年第1期138-153,共16页
The legislation of China provides a glimpse of the active development of the whole-process people’s democracy in the country. The system of people’s congresses realizes the broad participation of the people in natio... The legislation of China provides a glimpse of the active development of the whole-process people’s democracy in the country. The system of people’s congresses realizes the broad participation of the people in national and local legislation through various channels. It fully reflects the fundamental interests and common will of the great majority of the people. The democratic and professional combination of subjects for legislation with Chinese characteristics has, to a great extent, solved the contradictions and difficulties encountered in the legislation of countries with the representative system. The system of multi-party cooperation and political consultation under the CpC’s leadership realizes the promotion of democracy, the drawing on collective wisdom, the unifying of people’s thinking, and the building of consensus among the CpC, the democratic parties, and the general public in the process of legislation. Legislative planning is not only a result of scientific decision-making, but also one of the best democratic decision-making mechanisms proved by legislative practices. The openness, negotiation, and technical nature of legislative procedures in China are conducive to the realization of democratic management. China has established a relatively scientific, complete, and systematic constitutional filing and review system, which is also an embodiment of democratic supervision. In future legislation, China should continue to transform the values and concepts of democracy and human rights into more scientific and effective institutional arrangements and concrete and realistic democratic practices under the leadership of the CpC. 展开更多
关键词 democratization of legislation legislative subject legislative procedures filing and review
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