The Function and Realization of Labor Rights in the Labor Code System

Abstract:The fundamental right-based and human right-based nature of labor rights forms the subjective and objective theory of labor rights.The derived objective protection function and subjective realization function constitute the theoretical basis of the labor code system.The objective function of labor rights requires the labor code to provide corresponding institutional guarantees,while the subjective function demands that the code ensure the full realization of labor rights.The dual functions of labor rights are reflected in the structural framework and content logic of the labor code separately:on the one hand,labor rights can serve as the structural thread for narrating and systematically organizing the labor code,with the specific types of labor rights protection and functional systems jointly forming the framework of the code;on the other hand,the content arrangement of the labor code is guided by the value of realizing labor rights,explor-ing the pathways for the code’s realization of labor rights in different situations.

On the Theoretical System Development of Contemporary Chinese Outlook on Human Rights

Centering on the systematic construction of human rights theories,Xi Jinping’s discourses on respecting and protecting human rights creatively put forward a series of original theoretical viewpoints and academic propositions,profoundly revealing the basic connotation of a contemporary Chinese outlook on human rights and realizing all-around and deep-level innovation in the construction of a contemporary human rights theoretical system.In ontology,the four-in-one view of human rights of the political party,the govern-ment,society,and the people goes beyond the dichotomy between the political state and civil society.In element theory,the substantive view of human rights surpasses the formalist view of human rights.In category theory,the view of human rights focusing on the right to sub-sistence and the right to development transcends the view of human rights based on the individual’s right to freedom.In operation theory,the“development-based human rights path”goes beyond the“hu-man rights-based development path.”In practice,the positive view of human rights based on the rule of law surpasses the negative view of human rights based on the rule of law.

The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era

In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.

Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights

On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.

Systematic and Theoretical Unfolding of Research on Xi Jinping’s Discourses on Respecting and Protecting Human Rights

Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights.

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.

Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.

New Progress in the Judicial Protection of Human Rights in China

Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judiciary is the last line of defense to safeguard social fairness and justice,and judicial protection of human rights is an important

Protection of Women's Rights Means Human Rights Protection——Marking the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women

On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women＇s organizations. It has played an increasingly great role in protecting women＇s rights and enhancing women＇s status in society.

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.

On Protection of Worker Rights by Union Organizations through Handling of Letters & Visits

Chinese trade unions have always been keen on devel- oping and protecting worker rights. Today, they have the task of helping build up harmonious labor relations. By working to properly handle letters and visits, union orga- nizations aim at resolving problems workers are most concerned with, problems that are most practical and affect the immediate interests of work- ers. The job is of great significance to the country＇s endeavor to ensure decent labor and social stability.

Legal protection of the rights of clinical trial subjects in China

Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects＇ rights to life and health, the Declaration of Helsinki has been developed as ＂a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects＇ rights. In this context, China beefs up its legal protection of clinical trial subjects.

On Protection System of the Domestic Trade Name Rights

商号一直是我国知识产权保护的弱点,但商号在我国有着广泛的应用,并且具有巨大的商业利益,因此,我国的商号保护制度需要加强和改进。本文主要从商号的保护重要性和商号保护的具体措施的改进进行论述。

The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws

Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

The Current Analysis of Protection Path of Farmers＇ Rights and Causes

The problem of Chinese peasant in society is a very important issue in the process of China＇ s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways： private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.

The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept

The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment.