The Concept of Digital Human Rights and Its Reshaping of Basic Rights

Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.

Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example

The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.

Globalization of Criminal Justice and Human Rights Basic Dilemma

In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.

The Environmental Human Rights under the Perspective of Basic Rights--An Analysis of the dilemma Facing the legalization of environmental Rights

Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

Important Guarantee for The Basic Rights of Citizens——China's State compensation system

A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.

A Retrospective and Prospective Look at Human Rights Education in Chinese Universities and Colleges——A Simultaneous Discussion of the Basic Effects of Human Rights Education on the Human Rights Development Environment

1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development

Enforcement of Regulations of the People's Republic of China on Disclosure of Government Information and Continual Development of a Group of Basic Human Rights

Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People＇s Republic of China on Disclosure of Government Information （hereinafter referred to as the Regulations） and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,

Right to Family Life:Convergent Interpretation between Chinese Mainland and Hong Kong&Macao SARs

In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.

On the System Structure of Socialist Human Rights Theory with Chinese Characteristics

General Secretary Xi Jinping’s important statements on respecting and protecting human rights provide authoritative guidance for constructing a socialist human rights theory with Chinese characteristics. Based on his remarks, the theoretical system of socialist human rights with Chinese characteristics is composed of four major parts: Functions of human rights, subjects of human rights, connotations of human rights and protection of human rights. The functions of human rights consist of people’s interests and free and all-round development. The former is the basic function, while the latter is the ultimate function. The subjects of human rights include collective human rights and individual human rights. The latter is the basis of the former, while the former is the latter’s guarantee. The connotations of human rights cover basic human rights, foremost human rights and specific human rights. The protection of human rights is composed of legal protection and international human rights governance. All five parts of the system of the socialist rule of law with distinctive Chinese features guarantee the protection of human rights. China has participated extensively in the cause of human rights in the world, protected the rights to subsistence and development of people in every corner of the world for a long time, actively promoted the reform of global governance of human rights and the construction of a community of a shared future for human beings, and highlighted the international legal protection of human rights.

The Implications of Sports Rights in Building a Leading Sports Nation

As a basic human right,sports rights are increasingly recognized by the international community.The national legislation and strategic plan for building China into a leading sports nation have contributed to forming a multi-field and all-round sports rights protection system.From the perspective of proactive rights and passive rights,sports rights include the freedom to choose free from illegal interference and reflect the social rights for which the state will guarantee the resources.From the perspective of basic rights and ordinary rights,the right to equal participation,the right to sports health,and the right to education constitute the main content of sports rights as a basic right,and the right to sports culture is the concentrated expression of ordinary rights.From the perspective of individual rights and collective rights,the right to sports achievement is a concentrated reflection of the former.Meanwhile,the latter covers the protection of sports rights of vulnerable groups and the balanced development of regional sports.The strategic plan for building a leading sports nation has further clarified China’s basic obligation in safeguarding sports rights in terms of legislative policy planning,financial support,life-cycle services,sustainable development,playing the role of stakeholders and strengthening sports cooperation with other countries and regions,including Hong Kong,Macao and Taiwan.

Civil Affairs Authorities Bent on Protecting People's Basic Rights

In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.

Forum Focuses on Environment as Basic Human Rights

＂The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,＇＂ said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks during the Sixth Beijing Forum on Human Rights, which was held between opened on September 12 and 13, 2013. A healthy environment is espe- cially important to the Chinese people while the country is in the process of economic development, he said.

On the Concept of“Basic Rights and Interests”in Recordation Review

Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.

Principles,Standards,and Applicability of Constitutional Interpretation of Basic Rights

Abstract:For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on indi-vidual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to deter-mine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.

Design and construction of HYSY981

This paper focuses on the independent design and construction of HYSY981. HYSY981,which China National Offshore Oil Corporation(CNOOC) possesses its intellectual property right,is brought forward by advanced research,concept design and combined basic design. The key technologies are the researches concerning global design,system integration,platform positioning,global performance analysis,structural strength and fatigue analysis,environment effect assessment of South China Sea,basin test and tunnel test,and construction technology of platform. Core technology of design and construction for the 6th deep water semi-submersible rig is held. Independent detail design and construction are also accomplished. These have improved technology of key equipment for China offshore oil exploitation.

On the Right to a Happy Life as a Human Right

A happy life is the pursuit,enjoyment,and realization of ever more complex needs in a circular way under objective conditions In terms of its constituent elements,the right to a happy life,as a human right,not only has the characteristics of moral rights,universal rights,and rights of prevention and cooperation but also contains the three spiritual values of human rights From the perspective of the genealogy of human rights theory,the right to a happy life as a human right is a new human rights bundle with basic,comprehensive,and complex characteristics From the perspective of the basic structure,the right to a happy life,as a human right,constitutes its subject,content,and nature First and foremost,basic human rights stand for consensus at the current primary stage They are fundamental and preliminary,and they are relativistic concepts The largest human right,however,is characterized by complexity,inclusiveness,and systematism,and is an absolute concept From the basic human rights to the largest human rights is a classic expression in different stages of China’s human rights construction It is not only the obligation and commitment in human rights practice,but also a summary of human rights theory,and more importantly,an important theoretical achievement of China’s human rights development in the new era.

对GATT第21条安全例外适用范围的理解

GATT第21条安全例外条款允许成员国在特殊情况下为保护本国基本安全利益而免除WTO协议义务,其目的是为维护成员国防和基本安全的更高社会价值,不是保护成员经济的政治工具。乌克兰诉俄罗斯禁运案是专家组首次对安全例外的定义进行解释,进一步明确了WTO法律体系下GATT第21条的适用。安全例外条款的适用应当受到严格限制,任何带有商业目的的滥用都应被禁止。