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.

National Human Rights Action Plan of China (2009-2010)

Introduction The realization of human rights in the broadest sense has been a long-cherished ideal of mankind and also a longpursued goal of the Chinese government and people.

National Human Rights Action Plan of China(2016-2020)

Introduction The period from 2016 to 2020 is a decisive stage for China in the building of a moderately prosperous society in an all-round way as well as a major stage for realizing the orderly,steady and sustainable development of human rights in China.

National Human Rights Action Plan of China (2012-2015)

The formulation of the National Human Rights Action Plan is an impor- tant measure taken by theChinese government to ensure the implementation of the constitutional principle of respecting and safeguarding human rights. It is of great significance to promoting scientific development and social harmony, and to achieving the great objective of building a moderately prosperous society in an all-round way.

National Human Rights Action Plan as a Milestone

Since ＂the state respects and protects human rights＂ was written into the Constitution in 2004, the Chinese government has issued many white papers during a short period of a few years and has included ＂respect and protect human rights＂ in the 11 th Five Year Plan of National Economic and Social Development.

Four Mechanisms for Safeguarding the Effectiveness of the Human Rights Action Plan: Based on African Experience

Since the 1993 World Conference on human Rights, nine African countries have implemented ten human rights action plans. An analysis of the texts and related implementation of these plans reveals that there are four mechanisms that play a key role in improving the effectiveness of the implementation of the national human Rights Action Plan, namely, the positioning and focusing mechanism for the country’s core human rights issues, the integration mechanism between the action plans and the countries’ development strategies, domestic economic growth and related resources utilization mechanism, and effective governance of domestic public conflicts and public order guarantee mechanism. defining and coordinating these mechanisms is of great practical significance for improving the effectiveness of human rights action plans in developing countries.

Three Categories of International Comments on National Human Rights Action Plans and Their Implications——An Analysis Based on UPR Reports

At least 57 countries have formulated and implemented 78 national human rights action plans, and the international assessment of them has had direct influence on their international human rights images of their issuers and the focuses of future planning According to related reports from the universal periodic review by the united nations Human rights Council, three categories of comments in a rough quantitative proportion of 1:4:2 have been made by the international community on these plans, which can be categorized as: Attention, Laudatory and expectation, representing objective attention, appreciation or encouragement and anticipation of further implementation or improvement, respectively In terms of regions, Asian countries have received the most Attention Comments, europe and Africa fewer, and America the least The marked achievements in the formulation and implementation of human rights action plans in China have attracted widespread attention and recognition, and further efforts should be made to implement steady and consistent human rights policies, improve the implementation mechanisms and integrate the external and internal functions of human rights action plans so as to promote the sustainable development of China’s human rights cause.

Connection Between Policies and Laws on Human Rights Protection:Case Study of the National Human Rights Action Plans

China’s National Human Rights Action Plans connect policies and laws on human rights protection in terms of ideas,procedures,and contents.The functions of the connections are the guidance to local policymaking,the promise of state commitment,and the linkage to international human rights goals.At the practical level,the enhancement of the connection between policies and laws will promote the effectiveness of human rights protection.In order to improve the rationality of human rights policies,there should be more researches on National Human Rights Action Plans,and more public participation in the process of the Plan drafting.

China's Human Rights Actions under the Impact of the COVID-19 Pandemic

Only on the premise of the safety of life and good health can human beings have the opportunity to fully enjoy and develop various rights,achieve a state of free and comprehensive development and pursue the highest value of human rights.In 2020,the COVID-19 pandemic spread globally.Under the guidance of the“people-centered”human rights concept,China has put people’s life and health in the first place,and safeguards the people’s right to life and health as its primary task and important mission.Facts have proven that under the strong leadership of the CPC Central Committee with General Secretary Xi Jinping at the core,the people’s right to life and health has been guaranteed,which fully demonstrates the value in the“people-centered”human rights concept that people’s interests are above all else.

Assessment of Human Rights Action Plans and Use of Its Results from a Global Perspective

Since the World Conference on Human Rights in 1993,more than a quarter of the participating countries have developed National Human Rights Action Plans(NHRAPs)to promote human rights.An assessment of the NHRAPs can help to understand the realities of the implementation,improve the quality of the follow-up plan,and improve the effectiveness of the plan in the implementation process.From the texts and practices of the NHRAPs,such an assessment includes the 'self-assessments' of the plans’ implementers,comprehensive assessments of inter-departmental committees(groups),and evaluations of policy objects,social organizations and human rights experts.The assessment methods include field research,qualitative evaluation,indicator measurement and process monitoring,among other things.The results of the assessment can promote the cohesion between the NHRAPs in different periods,promote the accumulation and transmission of the implementation experience of the plan,and promote the optimization and adjustment of related matters during the implementation period.

Pursuit of Excellence:The Past Development and New Progress of the Human Rights Action Plans of China

Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan.

Law School of Nankai University Holds International Seminar on National Human Rights Action Plan

The Information Office of the State council issued the first National Human Rights Action Plan of China （NHRAP） （2009-2010） on April 13, 2009. The Nankai University participated in the drafting of this significant national document on human rights, with three teachers invited one after another to work at the panel of experts under the drafting committee. In cooperation with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law （RWlHRHL） of Sweden, the Research Center for Human Rights under Law School of the university held an international seminar titled ＂Formulation and Implementation of NHRAP- Swedish Experience.＂

Action Plan to Promote Human Rights in China

The State Council Information Office un- veiled the National Human Rights Action Plan （2012-2015） （hereinafter referred to as the Action Plan） on June 11, drawing wide attention, both domestically and internationally. Wang Chen, minis- ter of the State Council Information Office, answered questions concern- ing China＇s formulation of the Action Plan in an exclusive interview with the Xinhua News Agency. The fol- lowing is the translated version of the full text of the interview：

The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action

In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure Law.Victims deeply influenced by the concept of cooperative justice will also have an intention to cooperate,thus resulting in a rationale for victims’cooperation.Victims’cooperation features a subjectivity of interactivity,understanding,and constraint.This kind of cooperation faces the accused,the procuratorial organ,and the court.The jurisprudential function of the rationale for cooperation of victims is embodied in such aspects as recognizing the victims as eligible subjects,enhancing the legal force of the recognizance in a case of pleading guilty and accepting punishment,and consolidating the legitimate basis for victim to obtain legal assistance.Oriented to protecting right of action of the victim,understanding and developing the rationale for the cooperation of the victim can start by reaching a judicial consensus on the"two limits"principle,optimizing the right of action system for victims,achieving the interconnection of multi-level litigation systems,and improving the rules on lenient punishment to enrich the plan for protecting victims’right of action in cases of pleading guilty and accepting punishment.

On Limitation of Action against Acts of Continuous Infringement of Trademark Right

The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……

China Attains Targets in National Human Rights Action Plan

In April 2009, after receiving ap- proval from the State Council, the Information Office of the State Council published the NationalHuman Rights Action Plan of China （2009-2010）. It is China＇s first national plan on the theme of human rights, and serves as a policy document of the current stage for advancing China＇s human rights in a comprehensive way. It is an important move to implement the constitutional principle of respect- ing and safeguarding human rights, and to promote sustainable development and social harmony. It is also a solemn commitment to the world made by the Chinese government on human rights.

Study on the Joint Meeting Mechanism for the National Human Rights Action Plan

The joint meeting mechanism for the National Human Rights Action Plan(NHRAP)is a multi-faceted mechanism which unifies political,legislative,administrative,judicial and social sectors.It undertakes the responsibility of formulating,implementing,supervising and evaluating the NHRAP,promotes mutual learning,exchange and competition among member units in the protection of human rights.Over the ten years since it was established,it has proved to be a successful innovative mechanism for protecting human rights that is in line with China’s national conditions.In order to improve the operation of the joint meeting mechanism the NHRAP,it is necessary to establish a more effective coordination mechanism within the joint meeting mechanism,and to subdivide the monitoring and evaluation functions into three levels.

Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core

Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.

电信网络诈骗刑事附带民事公益诉讼的理论逻辑与程序构建

基于网络治理的系统观念和问题导向,《中华人民共和国反电信网络诈骗法》第47条明确了人民检察院在电信网络诈骗刑事附带民事公益诉讼中的原告主体资格,旨在促进刑民责任承担的有机衔接,实现对电信网络诈骗的一体化、各环节、全链条防范治理。作为对电信网络诈骗案件提起的新型诉讼制度,其理论逻辑和具体规则尚不完备,立法支持和实践经验均严重不足,应明晰电信网络诈骗刑事附带民事公益诉讼具有正当性与必要性。同时,厘清案件可诉范围和人民检察院职能定位,以一体化思维疏通管辖难题,以智慧司法赋能协同治理,为司法提供有效的程序框架。

民事诉权的希尔伯特问题

诉权是民事诉讼法学的首要希尔伯特问题。面对边缘化风险,民事诉权亟需证成自身的有用性。新中国成立以来,民事诉权先后肩负民事诉讼体制的社会主义转型、依法独立公正行使审判权、立案登记制改革以及“切实实施民法典”的历史使命与时代精神。二元诉权论虽然是我国长期坚守的通说,但并未对诉权规范及其实践提供清晰的概念指引,法律文本中的诉权规范可能分别指向起诉行为、起诉权、胜诉权、案件受理等意涵。学说史的发展和迭代表明,诉权保障并不必然伴随立案登记制。立案登记制改革亟待与诉权模式转型形成联动。二元诉权论与具体公法诉权论存在亲缘关系。囿于诉之可能性等关键概念缺失以及“案多人少”的现实挑战,二元诉权论同样面临“起诉难”这一私法诉权说的实践弊病。“诉讼爆炸”“无理缠诉”并非诉权模式转型的当然结果。随着民事诉权希尔伯特问题的有效解决,立案登记制改革终将走出“历史的三峡”,实现民事诉权保障与规制的衡平与共赢。