The Rule of Law is the Most Important Means of Human Rights Protection

Today,we are here to commemorate the 75^(th) anniversary of the adoption of the Universal Declaration of Human Rights.In this Declaration,which consists of only30 articles,seven articles are related to the constitution,law,court,and the rule of law,making it a declaration filled with the rule of law.Coincidentally,today is also the 10^(th) National Constitution Day of China.Nineteen years ago,“the state respects and protects human rights”was enshrined in the Constitution,becoming a constitutional principle.Since then,human rights protection in China has been based on fundamental law.

Zipf’s Law, Benford’s Law, and Pareto Rule

From a basic probabilistic argumentation, the Zipfian distribution and Benford’s law are derived. It is argued that Zipf’s law fits to calculate the rank probabilities of identical indistinguishable objects and that Benford’s distribution fits to calculate the rank probabilities of distinguishable objects. i.e. in the distribution of words in long texts all the words in a given rank are identical, therefore, the rank distribution is Zipfian. In logarithmic tables, the objects with identical 1st digits are distinguishable as there are many different digits in the 2nd, 3rd… places, etc., and therefore the distribution is according to Benford’s law. Pareto 20 - 80 rule is shown to be an outcome of Benford’s distribution as when the number of ranks is about 10 the probability of 20% of the high probability ranks is equal to the probability of the rest of 80% low probability ranks. It is argued that all these distributions, including the central limit theorem, are outcomes of Planck’s law and are the result of the quantization of energy. This argumentation may be considered a physical origin of probability.

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 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.

The Current Situation,Problems,and Improvement Path of Rule of Law Education in Primary and Secondary Schools in Chaoshan Area

Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support.

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.

Individuals'Information Rights and Interests as Human Rights:Normative Interpretation Based on Constitutional Text

The Human Rights Action Plan of China(2021-2025)introduces and separately lists the term“Individuals’Information Rights and Interests”and places it in the second section,“Civil and Political Rights.”Although academia has combined Article 1 of the Personal Information Protection Law,which states“this law is enacted in accordance with the Constitution,”to argue for the constitutional basis of the fundamental rights involved in personal information protection,this“basic rights theory”does not adequately emphasize the normative interpretation of Article 33 of the Constitution,which concerns“human rights clause.”At the same time,civil law doctrines also cast doubt on this constitutional argument and question the human rights eligibility of“Individuals’Information Rights and Interests”based on the division between rights and interests.Through reflection and criticism of objective value order theory,a theory of the“human rights value path”characterized by subjectivity,systematicity,historicity,and contemporaneity has emerged and proved the human rights attribute of individuals’information rights and interests.This theoretical framework analyzes the conceptual correlation between Article 33 of the Constitution,which contains the“human rights clause,”and Article 38 of the Constitution,which pertains to“personal dignity,”throughout history.It reveals the diffusion of personal dignity in the fields of“person(Article 37),home(Article 39),correspondence(Article 40),and personal information,”and elucidates the“hierarchical pattern”that emerges.This explanation demonstrates that the path of human rights values points toward individuals’information rights and interests as human rights in the digital economy era.

Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain

As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.

A Summary of Views from the Symposium on “Comprehensively Advancing Rule of Law and China's Human Rights New Development”

The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues

Comprehensive Preservation of Human Rights in the Context of “Comprehensively Advancing the Rule of Law”

The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law. The Decision has fully embodied the constitutional spirit of 'respecting and preserving human rights,' and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of 'comprehensively advancing the rule of law'. In the process of comprehensively preserving human rights, the leadership of the CPC has to be upheld. The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

Advancing Rule of Law in Human Rights Protection While Developing a “Socialist Rule of Law System with Chinese Characteristics”

It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.

Persist in Law-based Protection of Human Rights and Improve the Mechanism for the Protection of Human Rights by the Rule of Law

General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life.

Comprehensively Implementing the Rule of Law Solidly Pushing Forward Human Rights Development——Interview with President Luo Haocai of the China Society for Human Rights Studies(CSHRS)

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law （hereafter, ＂Decision＂）. The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehen- sively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China＇s legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies （CSHRS）.

Notes on the Rule of Law and Human Rights in Chinese Traditional Culture

1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-

Enhancing the Rule of Law in China,Improving Judicial Protection for Human Rights

The Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee＇s ＂Decision on Certain Key Issues on Comprehensively Deepening Reform＂ （hereafter, ＂the decision.＂） The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform.

Advocating Human Rights Protection by Rule of Law, Supporting Human Rights Undertaking with a Giant Hand——Deep Condolences to Dear Former President Luo Haocai

Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people.

Empirical Human Rights Studies Contribute to Building a Society Under the Rule of Law——Summary of the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions

From Nov. 5 to 6, 2013, the China Society for Human Rights Studies （CSHRS）held the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions at Wuhan University. More than 100 experts and scholars, focusing on empirical human rights studies and their contribution to building a society based on the rule of law, shared their work experience and discussed effective strategies. CSHRS President Luo Haocai, who served as vice chairman of the 10th National Committee of the Chinese People＇s Political Consultative Conference,

Rule by Criminal Law is a Seismograph for the Protection of Human Rights

Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law

论“rule by law”和“rule of law”的区别

"Rule of law"和"Rule by law"两个词是当代中国对"法治"一词的两种翻译,其内涵有着本质的不同。正确地区分两者关系,不仅对于当今法制与法治的建设有着重要的借鉴价值,更有助于处理好当今政府与人民之间的权限问题,对构建现代民主基础之上的法治社会以及对依法治国的发展有着重要意义。